!! History Commons Alert, Exciting News

Context of '1985: Arrest of Pakistan Proliferator Endangers Program of US Aid to Mujaheddin'

This is a scalable context timeline. It contains events related to the event 1985: Arrest of Pakistan Proliferator Endangers Program of US Aid to Mujaheddin. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

State Department intern Richard Barlow.State Department intern Richard Barlow. [Source: Richard Barlow]Richard Barlow, an intern at the State Department’s Arms Control and Disarmament Agency (ACDA), finds that Pakistan has been attempting to build a nuclear bomb since the early 1970s, but his superiors do not follow up and he loses his job in a reorganization. Barlow, who has recently graduated from university after writing a thesis on counter-proliferation intelligence, is concerned about the burgeoning black markets in nuclear weapons technology. He will later comment, “Everywhere I looked I kept coming up against intelligence about Pakistan’s WMD program. I thought I was telling them what they needed to hear, but the White House seemed oblivious.” One reason the White House appears deaf is that Pakistan is now an important US ally, as it is a major supply point for the CIA-backed anti-Soviet Afghan mujaheddin. In addition, a group of “Republican hawks,” including Paul Wolfowitz, has convinced President Ronald Reagan that America needs a new strategy against potential nuclear threats, since long-term policies such as d├ętente and containment are supposedly not working. When Reagan starts to build up US arms, the staff at ACDA is cut by a third and Barlow is one of the employees who loses his job. [Guardian, 10/13/2007]

Entity Tags: US Department of State, Ronald Reagan, Paul Wolfowitz, Richard Barlow, Arms Control and Disarmament Agency

Timeline Tags: A. Q. Khan's Nuclear Network

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

Timeline Tags: Civil Liberties

The US sells forty F-16 fighter jets to Pakistan. One of the contractual preconditions of the sale is that Pakistan does not configure them to drop a nuclear bomb. However, US analyst Richard Barlow will conclude that in fact all of them are configured to carry nuclear weapons. [Guardian, 10/13/2007]

Entity Tags: Richard Barlow

Timeline Tags: A. Q. Khan's Nuclear Network

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

Timeline Tags: Civil Liberties

The arrest of a Pakistani agent attempting to buy components for Pakistan’s nuclear weapons program in the US starts a crisis that could potentially lead to the cutting off of US aid to Pakistan, and an end to US support for the mujaheddin in the Soviet-Afghan War. When Stephen Solarz (D-NY), chairman of the House Subcommittee on Asian and Pacific Affairs and an opponent of Pakistan, learns of the attempted purchase—of Kryton high-speed triggers that are used to fire nuclear weapons—he calls for hearings to look into the affair. The crisis passes, but it is unclear exactly how. Author George Crile will attribute the resolution to threats made to Solarz by Congressman Charlie Wilson (D-TX), a strong supporter of US involvement in the war: “Wilson understood that this was a battle that could not be won with debating points; reportedly, he went to Solarz armed with certain classified intelligence about India’s nuclear program. He is said to have suggested that India might be more exposed than Pakistan when it came to the issue of the bomb.” [Crile, 2003, pp. 463-4]

Entity Tags: Charlie Wilson, Stephen Solarz, House Subcommittee on Asian and Pacific Affairs, George Crile

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network, War in Afghanistan

Congressman Stephen Solarz.Congressman Stephen Solarz. [Source: AP]The “Solarz Amendment” to the Foreign Assistance Act is passed by the US Congress and becomes law. The amendment, championed by Congressman Stephen Solarz (D-NY), cuts off all military and economic aid to purportedly non-nuclear nations that illegally export or attempt to export nuclear-related materials from the US. [New Yorker, 3/29/1993] There are subsequently several examples of Pakistan exporting nuclear weapons technology from the US, but they are not punished until the end of the Soviet-Afghan War (see August 1985-October 1990).

Entity Tags: Foreign Assistance Act, Stephen Solarz

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

Despite the passage of two amendments dealing with Pakistan’s nuclear program in August 1985 (see August 1985 and August 1985), the Reagan and Bush administrations will fail to keep Congress properly informed of incidents related to Pakistan’s acquisition of components for its nuclear program, even though such notification is required by law. Senator John Glenn (D-OH), chairman of the Governmental Affairs Committee, and Congressman Stephen Solarz (D-NY), Chairman of the House Asian and Pacific Affairs Subcommittee, will later say that they are not formally briefed about any significant Pakistani procurement, with the exception of one case (see July 1987 or Shortly After), during this period. For example, Glenn will later say he should have been briefed about a nuclear scare involving Pakistan and India in 1990 (see January-May 1990) [New Yorker, 3/29/1993]

Entity Tags: House Subcommittee on Asian and Pacific Affairs, Governmental Affairs Committee, Reagan administration, Stephen Solarz, John Glenn

Timeline Tags: A. Q. Khan's Nuclear Network

Fawaz Damra.Fawaz Damra. [Source: Associated Press]By the mid-1980s, Osama bin Laden and his mentor Abdullah Azzam jointly founded a charity front based in Pakistan which is called Maktab al-Khidamat (MAK) (which means “services office”) and is also known as Al-Kifah (which means “struggle”) (see 1984). Branches start to open in the US; the first one apparently opens in Tucson, Arizona, where al-Qaeda has a sleeper cell (see 1986). But around 1986, Khaled Abu el-Dahab, the right hand man of double agent Ali Mohamed, informally founds the branch in Brooklyn, New York, and it soon becomes the most important US branch. [New York Times, 10/22/1998; Burr and Collins, 2006, pp. 269-270] On December 29, 1987, three men, Mustafa Shalabi, Fawaz Damra, and Ali Shinawy, formally file papers incorporating Al-Kifah, which is called the Al-Kifah Refugee Center. At first, it is located inside the Al Farouq mosque, which is led by Damra. But eventually it will get it own office space next to the mosque. Shalabi, a naturalized citizen from Egypt, runs the office with two assistants: Mahmud Abouhalima, who will later be convicted for a role in bombing the World Trade Center in 1993 (see February 26, 1993), and El Sayyid Nosair, who will assassinate a Jewish leader in New York in 1990 (see November 5, 1990). [New York Times, 4/11/1993; Newsweek, 10/1/2001; Cleveland Plain Dealer, 11/4/2001] Jamal al-Fadl, a founding member of al-Qaeda and future FBI informant (see June 1996-April 1997), also works at the Al-Kifah Refugee Center in its early days. [Miller, Stone, and Mitchell, 2002, pp. 155] The Brooklyn office recruits Arab immigrants and Arab-Americans to go fight in Afghanistan, even after the Soviets withdraw in early 1989. As many as 200 are sent there from the office. Before they go, the office arranges training in the use of rifles, assault weapons, and handguns, and then helps them with visas, plane tickets, and contacts. They are generally sent to the MAK/Al-Kifah office in Peshawar, Pakistan, and then connected to either the radical Afghan faction led by Abdul Rasul Sayyaf or the equally radical one led by Gulbuddin Hekmatyar. [New York Times, 4/11/1993] The CIA has some murky connection to Al-Kifah that has yet to be fully explained. Newsweek will later say the Brooklyn office “doubled as a recruiting post for the CIA seeking to steer fresh troops to the mujaheddin” fighting in Afghanistan. At the same time, the Brooklyn office is where “veterans of [the Afghan war arrived] in the United States—many with passports arranged by the CIA.” [Newsweek, 10/1/2001] Robert I. Friedman, writing for New York magazine, will comment that the Brooklyn office was a refuge for ex- and future mujaheddin, “But the highlight for the center’s regulars were the inspirational jihad lecture series, featuring CIA-sponsored speakers.… One week on Atlantic Avenue, it might be a CIA-trained Afghan rebel traveling on a CIA-issued visa; the next, it might be a clean-cut Arabic-speaking Green Beret, who would lecture about the importance of being part of the mujaheddin, or ‘warriors of the Lord.’ The more popular lectures were held upstairs in the roomier Al-Farouq Mosque; such was the case in 1990 when Sheikh [Omar] Abdul-Rahman, traveling on a CIA-supported visa, came to town.” One frequent instructor is double agent Ali Mohamed, who is in the US Special Forces at the time (see 1987-1989). Bin Laden’s mentor Azzam frequently visits and lectures in the area. In 1988, he tells “a rapt crowd of several hundred in Jersey City, ‘Blood and martyrdom are the only way to create a Muslim society.… However, humanity won’t allow us to achieve this objective, because all humanity is the enemy of every Muslim.’” [New York Magazine, 3/17/1995] Ayman Al-Zawahiri, future Al-Qaeda second in command, makes a recruiting trip to the office in 1989 (see Spring 1993). [New Yorker, 9/9/2002] The Brooklyn office also raises a considerable amount of money for MAK/Al-Kifah back in Pakistan. The Independent will later call the office “a place of pivotal importance to Operation Cyclone, the American effort to support the mujaheddin. The Al-Kifah [Refugee Center was] raising funds and, crucially, providing recruits for the struggle, with active American assistance.” [Independent, 11/1/1998] Abdul-Rahman, better known as the “Blind Sheikh,” is closely linked to bin Laden. In 1990, he moves to New York on another CIA-supported visa (see July 1990) and soon dominates the Al-Kifah Refugee Center. Shalabi has a falling out with him over how to spend the money they raise and he is killed in mysterious circumstances in early 1991, completing Abdul-Rahman’s take over. Now, both the Brooklyn and Pakistan ends of the Al-Kifah/MAK network are firmly controlled by bin Laden and his close associates. In 1998, the US government will say that al-Qaeda’s “connection to the United States evolved from the Al-Kifah Refugee Center.” Yet there is no sign that the CIA stops its relationship with the Brooklyn office before it closes down shortly after the 1993 WTC bombing. [New York Times, 10/22/1998]

Entity Tags: Jamal al-Fadl, Khaled Abu el-Dahab, Gulbuddin Hekmatyar, Omar Abdul-Rahman, Mustafa Shalabi, Maktab al-Khidamat, Osama bin Laden, Fawaz Damra, El Sayyid Nosair, Mahmud Abouhalima, Ayman al-Zawahiri, Central Intelligence Agency, Abdul Rasul Sayyaf, Al Farouq Mosque, Abdullah Azzam, Ali Shinawy, Ali Mohamed, Al-Kifah Refugee Center

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Edvard Shevardnadze.Edvard Shevardnadze. [Source: US Defense Department]The Politburo of the Soviet Communist Party decides that the Soviet-Afghan War should end “within one year or two.” This follows on from a tentative and secret agreement within the Politburo the previous year to eventually withdraw from Afghanistan. The withdrawal will be formalized in an agreement signed in Geneva in April 1988 (see April 1988) and the last troops with leave Afghanistan in February 1989 (see February 15, 1989). Soviet Foreign Minister Edvard Shevardnadze will inform US Secretary of State George Shultz of the decision the year after it is taken and the CIA will learn of it by November 1987. [Levy and Scott-Clark, 2007, pp. 132-3, 486]

Entity Tags: Central Intelligence Agency, George Shultz, Soviet Union, Edvard Shevardnadze

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Ronald Reagan and Pakistani dictator Zia ul-Haq.Ronald Reagan and Pakistani dictator Zia ul-Haq. [Source: Bettmann / Corbis]President Ronald Reagan in 1987 and 1988 and President George Bush in 1989 continue to certify that Pakistan does not have a nuclear weapon, a condition of continuing aid to Pakistan under the law (see August 1985). These certifications began in 1985 (see August 1985-October 1990) and are thought to be important because Pakistan is a key base for the CIA-backed Afghan mujaheddin, and cutting off aid to Pakistan might curtail CIA support for the anti-Soviet forces. According to journalist Seymour Hersh, the rationale behind the certifications is that there is “no specific evidence that Pakistan [has] indeed done what it was known to be capable of doing,” and produced a nuclear weapon. In addition, it is apparently thought that if the US continues to supply conventional weapons, Pakistan will not need a nuclear bomb, although Hersh says this is “a very thin argument, as everyone involved [knows].” However, CIA officer Richard Kerr will later say, “There is no question that we had an intelligence basis for not certifying from 1987 on.” By this time there is mounting evidence of Pakistan’s nuclear program (see 1987, (1987), and July 1987 or Shortly After). [New Yorker, 3/29/1993]

Entity Tags: Seymour Hersh, George Herbert Walker Bush, Richard Kerr, Ronald Reagan

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

The Democratic and Republican leaders of Congress’s joint Iran-Contra investigation begin meetings to discuss the logistics of the upcoming public hearings (see May 5, 1987). Speaker of the House Jim Wright (D-TX) later recalls that House committee chairman “Lee Hamilton and I bent over backwards to be fair to the Republicans.” Many of the committee Republicans are not predisposed to return the favor. Moderate Republican Warren Rudman (R-NH), the co-chairman of the Senate committee, recalls that deep divides were forming between the committee’s moderate Republicans and the more hardline Republicans led by Dick Cheney (R-WY). “The meetings were very, very intensive,” Rudman will recall. Cheney helps put together the Republican committee members’ staff, and includes a number of hardline Reagan loyalists: the Justice Department’s Bruce Fein; the former assistant general counsel to the CIA, David Addington; and others. Notably, it is during the Iran-Contra hearings where Cheney and Addington form their lasting professional association.
Artificial Deadline - The first battle is over the length of the hearings. Cheney’s hardliners want the hearings over with quickly—“like tomorrow,” one former staffer recalls. Hamilton will recall: “Did I know Dick wanted to shorten it? Yes, I knew that.” Committee Democrats, fearful of extending the proceedings into the 1988 presidential campaign and thusly being perceived as overly partisan, agree to an artificial ten-month deadline to complete the investigation and issue a final report. Authors Lou Dubose and Jake Bernstein later write that the deadline is “an invitation to the administration to stall while simultaneously burying the committee under mountains of useless information.” When, in the fall of 1987, the committee receives large amounts of new information, such as White House backup computer files, Cheney’s hardliners will succeed in insisting that the committee adhere to the deadline.
Jousting with the Special Prosecutor - The committee also has trouble co-existing with the special prosecutor’s concurrent investigation (see December 19, 1986). The special prosecutor, Lawrence Walsh, wants a long, intensive investigation culminating in a round of prosecutions. The committee worries that in light of Walsh’s investigation, key witnesses like Oliver North and John Poindexter would refuse to testify before the committee, and instead plead the Fifth Amendment. Rudman and committee counsel Arthur Liman want Walsh to quickly prosecute North for obstruction of justice based on North’s “shredding party” (see November 21-25, 1986). Rudman believes that he can get his Republican colleagues to agree to defer their investigation until after North’s trial. But Walsh declines. Rudman later says: “Walsh might have been more successful if he had followed our suggestion.… But he had this grand scheme of conspiracy.” As such, the committee has a difficult choice: abort the investigation or grant North immunity from prosecution so he can testify. Cheney and his hardliners, and even some Democrats, favor not having North testify in deference to his upcoming prosecution. “People were all over the place on that one,” Rudman will recall. Hamilton is the strongest proponent of immunity for North. “He believed that North had information no one else had,” a staffer will recall. Hamilton and the moderate Republicans are more interested in finding the details of the Iran-Contra affair rather than preparing for criminal prosecutions. The committee eventually compromises, and defers the testimony of North and Poindexter until the end of the investigation. Another committee staffer later recalls, “Hamilton was so fair-minded and balanced that in order to get agreements, he gave ground in areas where he shouldn’t have.”
North Deal 'Dooms' Investigation - Dubose and Bernstein later write, “The deal the committee struck with North’s canny lawyer, Brendan Sullivan, doomed Walsh’s investigation and the hearings.” The committee offers North “use immunity,” a guarantee that his testimony cannot be used against him in future prosecutions. The committee also agrees, unwisely, to a series of further caveats: they will not depose North prior to his testimony, his testimony will be strictly limited in duration, the committee will not recall North for further testimony, and he will not have to produce documents to be used in his testimony until just days before his appearance. [Dubose and Bernstein, 2006, pp. 70-72, 77]

Entity Tags: Oliver North, Jake Bernstein, David S. Addington, Bruce Fein, Brendan Sullivan, Arthur Liman, James C. (‘Jim’) Wright, Jr., John Poindexter, Joint House-Senate Iran-Contra Committee, Lawrence E. Walsh, Richard (“Dick”) Cheney, Warren Rudman, Lee Hamilton, Lou Dubose

Timeline Tags: Iran-Contra Affair

Following an incident where a Pakistani procurement agent was arrested in the US trying to buy components for a nuclear weapon (see Before July 1987), there is a serious row about it between a CIA manager and a CIA analyst at a Congressional hearing. The hearing is called by Stephen Solarz (D-NY), chairman of the House Subcommittee on Asian and Pacific Affairs, to vet intelligence concerning Pakistan’s nuclear weapons program. CIA manager General David Einsel says it is “not cut and dried” that the arrested Pakistani, Arshad Pervez, and his handler, Inam ul-Haq, are agents of the Pakistani government. Richard Barlow, a CIA analyst there to help Einsel, is surprised by the false answer, as it is a criminal offense to lie to Congress. He realizes, “Einsel’s testimony was highly evasive, and deliberately so.” He will also later comment: “These congressmen had no idea what was really going on in Pakistan and what had been coming across my desk about its WMD program. They did not know that Pakistan already had a bomb and was shopping for more with US help. All of it had been hushed up.” When Barlow is asked the same question, he says it is “clear” Pervez is working for Pakistan, at which point Einsel screams, “Barlow doesn’t know what he’s talking about.” Solarz then asks whether there are any more cases involving the Pakistan government. Einsel says there are not, but Barlow replies, “Yes, there have been scores of other cases.” Barlow is then hustled out of the room and returns to CIA headquarters. A senior government official not cleared to attend the briefing comes in and tries to repair the damage, saying that Barlow was referring to intelligence reports, but “not all intelligence reports are accurate.” The official will later indicate that he is not proud of what he does, saying, “I didn’t know what I was getting into.” [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will subsequently be forced out of the CIA because of this hearing (see August 1987-1988).

Entity Tags: Stephen Solarz, Richard Barlow, Inam ul-Haq, House Subcommittee on Asian and Pacific Affairs, Arshad Pervez, Office of Scientific and Weapons Research (CIA), David Einsel, Central Intelligence Agency

Timeline Tags: A. Q. Khan's Nuclear Network

Following a stormy Congressional subcommittee hearing where he contradicted CIA manager David Einsel about Pakistan’s nuclear program (see July 1987 or Shortly After), analyst Richard Barlow is forced out of the CIA. Barlow will later say that he leaves because Einsel makes his job impossible: “Einsel went crazy. I was told that my personal behavior at the hearing had been unprofessional. I was accused of being unpatriotic and almost scuttling the Afghanistan program. I was viewed as being disloyal.” [Guardian, 10/13/2007] He will also say: “These people were determined that nothing like this was ever going to happen ever again—no more arrests, no more truth to the Congress.… I was targeted by some in the Directorate of Operations; they made my life miserable.” [Raw Story, 4/30/2007] Commenting on his position during the Cold War, he will add: “We had to buddy-up to regimes we didn’t see eye-to-eye with, but I could not believe we would actually give Pakistan the bomb. How could any US administration set such short-term gains against the long-term safety of the world?” Barlow’s job description is re-written six weeks after the hearing, removing him from work on Pakistan’s nuclear weapons, and he leaves the CIA for the Customs Service a year later. [Guardian, 10/13/2007]

Entity Tags: Central Intelligence Agency, Richard Barlow, Office of Scientific and Weapons Research (CIA), David Einsel

Timeline Tags: A. Q. Khan's Nuclear Network

The US Congress suspends aid to Pakistan for six weeks, due to arguments related to the arrest of a Pakistani agent attempting to buy material for its nuclear weapons program (see Before July 1987 and July 1987 or Shortly After). Congress suspects that Pakistan has a nuclear weapons program, but the administration denies this, as do the Pakistanis, even though they are both well aware that the program is a reality. The suspension is symbolic, as it only lasts six weeks and does not affect aid that has already been agreed upon, but not yet provided. [New York Times, 9/30/1987; New Yorker, 3/29/1993]

Timeline Tags: A. Q. Khan's Nuclear Network

Although the US is already aware that the Soviet Union intends to withdraw from Afghanistan (see November 1986-November 1987) and a formal agreement on the Soviet withdrawal will be signed in four months (see April 1988), the US Congress approves aid of $480 million for Pakistan, despite its nuclear weapons program. Legislation has been passed that automatically cuts off aid to countries with illicit nuclear weapons programs (see August 1985 and August 1985), but this legislation is not invoked. Despite apparently knowing of the Pakistani program, Congress decides that supporting the war in Afghanistan is more important (see July 1987 or Shortly After and Late 1980s). Some lawmakers and officials will later say that at this time “everybody in Congress” knows that Pakistan has a nuclear weapons program (see Late 1980s), and anti-proliferation Senator John Glenn (D-OH) will later say the threat of nuclear proliferation “is a far greater danger to the world than being afraid to cut off the flow of aid to Afghanistan,” adding, “It’s the short-term versus the long-term.” [New Yorker, 3/29/1993]

Entity Tags: John Glenn, Pakistan

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network, War in Afghanistan

President Ronald Reagan invokes the Solarz amendment (see August 1985), cutting off aid to Pakistan due to its illicit nuclear weapons program. This is in response to the arrest of a Pakistani agent attempting to purchase technology for the program in the US six months previously (see Before July 1987). However, Reagan then waives the provisions of the amendment, allowing US aid to Pakistan to continue. Journalist Seymour Hersh will comment, “The president was telling Pakistan that it could have its money—and its bomb.” [New Yorker, 3/29/1993]

Entity Tags: Seymour Hersh, Ronald Reagan

Timeline Tags: A. Q. Khan's Nuclear Network

In an agreement signed in Geneva, Switzerland, the Soviet Union pledges to withdraw all of its troops from Afghanistan by February 15, 1989. They will end up withdrawing the last of their soldiers on that exact date (see February 15, 1989). At the time, the Soviets have slightly over 100,000 soldiers in Afghanistan. [New York Times, 2/16/1989]

Entity Tags: Soviet Union

Timeline Tags: Complete 911 Timeline, War in Afghanistan

August 11-20, 1988: Bin Laden Forms Al-Qaeda

The notes from al-Qaeda’s formation meeting. The short lines on the right side are the list of attendees.The notes from al-Qaeda’s formation meeting. The short lines on the right side are the list of attendees. [Source: CNN]Bin Laden conducts two meetings to discuss “the establishment of a new military group,” according to notes that are found later. Notes reveal the group is initially called al-Qaeda al-Askariya, which roughly translates to “the military base.” But the name soon shortens to just al-Qaeda, meaning “the base” or “the foundation.” [Associated Press, 2/19/2003; Wright, 2006, pp. 131-134] With the Soviets in the process of withdrawing from Afghanistan, it is proposed to create the new group to keep military jihad, or holy war, alive after the Soviets are gone. The notes don’t specify what the group will do exactly, but it concludes, “Initial estimate, within six months of al-Qaeda (founding), 314 brothers will be trained and ready.” In fact, al-Qaeda will remain smaller than that for years to come. Fifteen people attend these two initial meetings. [Wright, 2006, pp. 131-134] In addition to bin Laden, other attendees include:
bullet Ayman Al-Zawahiri, the head of the Egyptian militant group Islamic Jihad. [New Yorker, 9/9/2002]
bullet Mohammed Atef, a.k.a. Abu Hafs.
bullet Mamdouh Mahmud Salim, a.k.a. Abu Hajer.
bullet Jamal al-Fadl.
bullet Wael Hamza Julaidan.
bullet Mohammed Loay Bayazid, a US citizen, who is notetaker for the meetings. [Wright, 2006, pp. 131-134]
Al-Fadl will reveal details about the meetings to US investigators in 1996 (see June 1996-April 1997). Notes to the meeting will be found in Bosnia in early 2002. [New Yorker, 9/9/2002] It will take US intelligence years even to realize a group named al-Qaeda exists; the first known incidence of US intelligence being told the name will come in 1993 (see May 1993).

Entity Tags: Mohammed Loay Bayazid, Osama bin Laden, Mamdouh Mahmud Salim, Jamal al-Fadl, Mohammed Atef, Al-Qaeda, Ayman al-Zawahiri, Wael Hamza Julaidan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, War in Afghanistan

A. Q. Khan (right) and Benazir Bhutto (center).A. Q. Khan (right) and Benazir Bhutto (center). [Source: CBC] (click image to enlarge)After becoming prime minister of Pakistan following the victory of the Pakistan People’s Party in elections, Benazir Bhutto does not play a large role in Pakistan’s nuclear policy, according to US analysts. It is unclear whether she chooses not to do so, or is cut out of it by the military. In her absence the two senior figures overseeing the program are President Ghulam Ishaq Khan and army head General Aslam Beg. [New Yorker, 3/29/1993]

Entity Tags: Ghulam Ishaq Khan, Benazir Bhutto, Aslam Beg

Timeline Tags: A. Q. Khan's Nuclear Network

Richard Barlow, an analyst previously forced out of the State Department and CIA for coming to the politically unacceptable conclusion that Pakistan has a nuclear weapons program (see 1981-1982 and August 1987-1988), is hired by the Office of the Secretary of Defense at the Pentagon to become its first weapons of mass destruction intelligence analyst. Shortly after arriving, Barlow again builds up “a stack of evidence” about Pakistan’s WMD program, including intelligence that the Pakistan army was experimenting with a delivery system for its nuclear bomb, using US-provided technology. Barlow concludes, “Our side was at it again.” [Guardian, 10/13/2007] In the summer of 1989, Barlow is involved in investigating four criminal cases involving senior officers of the Pakistani Army who had attempted to make illegal purchases in the US or abroad of American-made nuclear-related materials, including highly enriched uranium. One of the cases involves evidence showing that Pakistan is attempting to obtain dual-use items for its nuclear program by claiming that the materials are to be used for its F-16 fleet. [New Yorker, 3/29/1993]

Entity Tags: Richard Barlow, US Department of Defense

Timeline Tags: A. Q. Khan's Nuclear Network

A convoy of Soviet tanks leaving Afghanistan.A convoy of Soviet tanks leaving Afghanistan. [Source: National Geographic]Soviet forces withdraw from Afghanistan, in accordance with an agreement signed the previous year (see April 1988). However, Afghan communists retain control of Kabul, the capital, until April 1992. [Washington Post, 7/19/1992] It is estimated that more than a million Afghans (eight per cent of the country’s population) were killed in the Soviet-Afghan War, and hundreds of thousands had been maimed by an unprecedented number of land mines. Almost half of the survivors of the war are refugees. [New Yorker, 9/9/2002] Richard Clarke, a counterterrorism official during the Reagan and George H. W. Bush administrations and the counterterrorism “tsar” by 9/11, will later say that the huge amount of US aid provided to Afghanistan drops off drastically as soon as the Soviets withdraw, abandoning the country to civil war and chaos. The new powers in Afghanistan are tribal chiefs, the Pakistani ISI, and the Arab war veterans coalescing into al-Qaeda. [Clarke, 2004, pp. 52-53]

Entity Tags: Al-Qaeda, Pakistan Directorate for Inter-Services Intelligence, Richard A. Clarke

Timeline Tags: 9/11 Timeline, War in Afghanistan

Although the Soviets withdraw from Afghanistan in February 1989 (see February 15, 1989), the CIA continues to support the mujaheddin because the Soviet-allied Communist government stays in power in Kabul. Apparently, the CIA and the Saudi government continue to fund the mujaheddin at least until December 1990, although it could be longer because the Communist government remains in power in Kabul until 1992. The “Blind Sheikh,” Sheikh Omar Abdul-Rahman, reportedly has been working with the CIA in the 1980s to help unite the mujaheddin factions fighting each other (see Late 1980s). The Village Voice will later report that according to a “very high-ranking Egyptian official,” Abdul-Rahman continues to work with the CIA after moving to Brooklyn in July 1990 (see July 1990). He “work[s] closely with the CIA, helping to channel a steady flow of money, men, and guns to mujaheddin bases in Afghanistan and Pakistan.” But despite working with the CIA, Abdul-Rahman still considers the US the “Great Satan” and does not try to hide this. In one radio broadcast, he says that “Americans are descendants of apes and pigs who have been feeding from the dining tables of the Zionists, Communism, and colonialism.” Matti Steinberg, an expert on Islamic fundamentalism, says that Abdul-Rahman’s “long-term goal is to weaken US society and to show Arab rulers that the US is not an invulnerable superpower.” The Egyptian official will later complain, “We begged America not to coddle the sheikh.” [Village Voice, 3/30/1993]

Entity Tags: Central Intelligence Agency, Omar Abdul-Rahman, Matti Steinberg

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Dick Cheney’s official photo as Secretary of Defense.Dick Cheney’s official photo as Secretary of Defense. [Source: US Department of Defense]Former Representative Dick Cheney (R-WY) becomes secretary of defense under President George H. W. Bush. [US Department of Defense, 11/24/2005] Cheney is the second choice; Bush’s first consideration, former Texas senator John Tower, lost key Senate support when details of his licentious lifestyle and possible alcoholism became known. Cheney was the choice of, among others, Vice President Dan Quayle and National Security Adviser Brent Scowcroft, who both feel that Bush needs someone in the position fast, and the best way to have someone move through the confirmation process is to have someone from Congress. Although Cheney never served in the military, and managed to dodge service during the Vietnam War with five student deferments, he has no skeletons in his closet like Tower’s, and he has the support of Congressional hawks. His confirmation hearings are little more than a formality.
Cheney Leaves the House, Gingrich Steps In - Cheney’s House colleague, Republican Mickey Edwards, later reflects, “The whole world we live in would be totally different if Dick Cheney had not been plucked from the House to take the place of John Tower.” Cheney was “in line to become the [GOP’s] leader in the House and ultimately the majority leader and speaker,” Edwards will say. “If that [had] happened, the whole Gingrich era wouldn’t have happened.” Edwards is referring to Newt Gingrich (R-GA), the future speaker of the House who, in authors Lou Dubose and Jake Bernstein’s own reflections, “ushered in fifteen years of rancorous, polarized politics.” While Cheney is as partisan as Gingrich, he is not the kind of confrontational, scorched-earth politician Gingrich is. According to Edwards, no one can envision Cheney moving down the same road as Gingrich will.
Successful Tenure - As the Pentagon’s civilian chief, many will reflect on Cheney’s tenure as perhaps his finest hour as a public servant. “I saw him for four years as [defense secretary]. He was one of the best executives the Department of Defense had ever seen,” later says Larry Wilkerson, who will serve in the Bush-Cheney administration as chief of staff to Secretary of State Colin Powell. “He made decisions. Contrast that with the other one I saw [Clinton Secretary of Defense Lester Aspin], who couldn’t make a decision if it slapped him in the face.” Cheney will preside over a gradual reduction in forces stationed abroad—a reduction skillfully managed by the Chairman of the Joint Chiefs of Staff, Colin Powell.
Bringing Aboard the Neoconservatives - Cheney asks one of Tower’s putative hires, Paul Wolfowitz, to stay; Wolfowitz, with fellow Pentagon neoconservatives Lewis “Scooter” Libby and Zalmay Khalilzad, will draft the Pentagon’s 1992 Defense Planning Guide (DPG) (see February 18, 1992), a harshly neoconservative proposal that envisions the US as the world’s strongman, dominating every other country and locking down the Middle East oil reserves for its own use. Though the DPG is denounced by President Bush, Cheney supports it wholeheartedly, even issuing it under his own name. “He took ownership in it,” Khalilzad recalls. Cheney also brings in his aide from the Iran-Contra hearings, David Addington (see Mid-March through Early April, 1987), another neoconservative who shares Cheney’s view of almost unlimited executive power at the expense of the judicial and legislative branches. [Dubose and Bernstein, 2006, pp. 87-95]

Entity Tags: Lester Aspin, George Herbert Walker Bush, David S. Addington, Dan Quayle, Colin Powell, Brent Scowcroft, Jake Bernstein, Lawrence Wilkerson, Richard (“Dick”) Cheney, John Tower, Newt Gingrich, Zalmay M. Khalilzad, Mickey Edwards, Lewis (“Scooter”) Libby, Lou Dubose, Paul Wolfowitz

Timeline Tags: US Military

When Dick Cheney becomes defense secretary (see March 20, 1989 and After), he brings into the Pentagon a core group of young, ideological staffers with largely academic (not military) backgrounds. Many of these staffers are neoconservatives who once congregated around Senator Henry “Scoop” Jackson (see Early 1970s). Cheney places them in the Pentagon’s policy directorate, under the supervision of Undersecretary of Defense Paul Wolfowitz, himself one of Jackson’s cadre. While most administrations leave the policy directorate to perform mundane tasks, Wolfowitz and his team have no interest in such. “They focused on geostrategic issues,” one of his Pentagon aides will recall. “They considered themselves conceptual.” Wolfowitz and his team are more than willing to reevaluate the most fundamental precepts of US foreign policy in their own terms, and in Cheney they have what reporters Franklin Foer and Spencer Ackerman call “a like-minded patron.” In 1991, Wolfowitz will describe his relationship to Cheney: “Intellectually, we’re very much on similar wavelengths.”
A Different View of the Soviet Union - Cheney pairs with Wolfowitz and his neoconservatives to battle one issue in particular: the US’s dealings with the Soviet Union. Premier Mikhail Gorbachev has been in office for four years, and has built a strong reputation for himself in the West as a charismatic reformer. But Cheney, Wolfowitz, and the others see something far darker. Cheney opposes any dealings with the Soviets except on the most adversarial level (see 1983), and publicly discusses his skepticism of perestroika, Gorbachev’s restructing of the Soviet economy away from a communist paradigm. In April, Cheney tells a CNN news anchor that Gorbachev will “ultimately fail” and a leader “far more hostile” to the West will follow in his footsteps. Some of President Bush’s more “realistic” aides, including James Baker, Brent Scowcroft, and Condoleezza Rice, as well as Bush himself, have cast their lot with Gorbachev and reform; they have no use for Cheney’s public advocacy of using the USSR’s period of transitional turmoil to dismember the nation once and for all.
Cheney's Alternative Policy - Cheney turns to the neoconservatives under Wolfowitz for an alternative strategy. They meet on Saturday mornings in the Pentagon’s E ring, where they have one maverick Sovietologist after another propound his or her views. Almost all of these Sovietologists echo Cheney and Wolfowitz’s view—the USSR is on the brink of collapse, and the US should do what it can to hasten the process and destroy its enemy for good. They assert that what the Soviet Union needs is not a reformer guiding the country back into a papered-over totalitarianism, to emerge (with the US’s help) stronger and more dangerous than before. Instead, Cheney and his cadre advocate enforced regime change in the Soviet Union. Supporting the rebellious Ukraine will undermine the legitimacy of the central Soviet government, and supporting Boris Yeltsin, the president of the Russian Republic, will strike at the heart of the Gorbachev regime. Bush and his core advisers worry about instability, but Cheney says that the destruction of the Soviet Union is worth a little short-term disruption.
Failure - Bush will not adopt the position of his defense secretary, and will continue supporting Gorbachev through the Soviet Union’s painful transition and eventual dissolution. After Cheney goes public one time too many about his feelings about Gorbachev, Baker tells Scowcroft to “[d]ump on Dick” with all deliberate speed. During the final days of the Soviet Union, Cheney will find himself alone against Bush’s senior advisers and Cabinet members in their policy discussions. [New Republic, 11/20/2003]

Entity Tags: George Herbert Walker Bush, Brent Scowcroft, Boris Yeltsin, Franklin Foer, US Department of Defense, Paul Wolfowitz, Richard (“Dick”) Cheney, James A. Baker, Henry (“Scoop”) Jackson, Condoleezza Rice, Mikhail Gorbachev, Spencer Ackerman

Timeline Tags: Neoconservative Influence

US Ambassador to Indonesia Paul Wolfowitz leaves his position after a three-year tenure. At a farewell speech in the Indonesian capital of Jakarta, Wolfowitz says, “If greater openness is a key to economic success, I believe there is increasingly a need for openness in the political sphere as well.” The Washington Post will comment that this remark is “in line with the US envoy’s quiet pursuit of political and economic reforms in Indonesia,” but “stunned some members of [Indonesian President] Suharto’s inner circle,” as it “could have landed domestic critics in prison.” [Washington Post, 3/28/2005]

Entity Tags: Paul Wolfowitz

Timeline Tags: US International Relations, Misc Entries, Neoconservative Influence

The US briefs Pakistan Prime Minister Benazir Bhutto on Pakistan’s nuclear program, and says it has decided to cut off aid to Pakistan in 1990, because US law does not permit aid to nuclear proliferators (see August 1985 and June 1989). However, current President George Bush and his predecessor Ronald Reagan falsely certified that Pakistan did not have nuclear weapons during the Soviet-Afghan war (see August 1985-October 1990 and 1987-1989). The initial briefing is provided by CIA Director William Webster and contains new information for Bhutto, who receives only limited information about her own country’s nuclear program (see After November 16, 1988). To dramatize the extent of American knowledge, Webster arranges for Bhutto to be shown a mockup of a Pakistani nuclear bomb. Mark Siegel, an associate of Bhutto, will later say she experienced feelings of disbelief: “The briefing was more detailed” than any information she had received from her own military and “showed that the military was doing it behind her back.” The next day, President George Bush tells her that in order to continue to receive US aid, she must assure the White House that her government will not take the final step of producing nuclear-bomb cores. Bush says he will still allow the sale of sixty more F-16 planes needed by to Pakistan, even though Pakistan has fitted such planes with nuclear weapons in the recent past, despite promising not to do so (see 1983-7). Despite this, the sale will not go through. [New Yorker, 3/29/1993]

Entity Tags: William H. Webster, Central Intelligence Agency, Mark Siegel, Benazir Bhutto

Timeline Tags: A. Q. Khan's Nuclear Network

Pakistani Prime Minister Benazir Bhutto in 1991.Pakistani Prime Minister Benazir Bhutto in 1991. [Source: BBC]Pakistan Prime Minister Benazir Bhutto tells a joint session of the US Congress: “[W]e do not possess nor do we intend to make a nuclear device. That is our policy.” The statement receives “thunderous cheers” from members of both houses. However, Bhutto has been aware of Pakistan’s nuclear program for some time (see After November 16, 1988) and recently received a detailed briefing on it from the CIA (see June 1989). [New Yorker, 3/29/1993]

Entity Tags: Benazir Bhutto

Timeline Tags: A. Q. Khan's Nuclear Network

Richard Barlow, a WMD analyst at the Pentagon, is commissioned to write an intelligence assessment for Defense Secretary Dick Cheney about Pakistan’s nuclear program. The report is apparently “stark,” indicating that the program is ongoing and Pakistan has configured US-made fighters to drop nuclear bombs, despite promising not to do so. Barlow also says that Pakistan is still trying to procure components and will start selling its technology to other nations (note: it is already doing so—see 1987). Barlow’s analysis is supported by a separate Defense Intelligence Agency study, which reaches the same conclusion. Barlow will later say, “Officials at the [Office of the Secretary of Defense] kept pressurizing me to change my conclusions.” When he refuses to do so, however, files start to go missing from his office and a secretary tells him a senior official has been intercepting his papers. In July, one of the Pentagon’s top salesmen criticizes him for trying to scupper a forthcoming deal to sell another 60 F-16s to Pakistan (see August-September 1989). Barlow refuses to change the report, but after he is fired he finds that it has been rewritten to say that continued US aid to Pakistan will ensure the country stops its WMD program. [New Yorker, 3/29/1993; Guardian, 10/13/2007]

Entity Tags: US Department of Defense, Richard Barlow, Pakistan

Timeline Tags: A. Q. Khan's Nuclear Network

Arthur Hughes.Arthur Hughes. [Source: Middle East Institute]The US agrees to sell Pakistan 60 more F-16 fighter jets in a deal worth $1.5 billion. The US previously sold forty F-16s to Pakistan and Pentagon analyst Richard Barlow believes they were adapted to carry nuclear weapons, in conflict with a promise made by the Pakistanis (see 1983-7). Despite this, shortly before the sale goes through, the Pentagon falsely claims to Congress, “None of the F-16s Pakistan already owns or is about to purchase is configured for nuclear delivery.” Deputy Assistant Secretary of Defense Arthur Hughes also tells Congress that the nuclear wiring has been removed from the planes and that to equip them to deliver nuclear bombs, “it first would be necessary to replace the entire wiring package of the aircraft.”
Testimony Known to Be False - However, this is contradicted by Pentagon analysis and the US intelligence community is well aware that the Pakistani air force has already practiced delivery of nuclear weapons by F-16s. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will later say the US intelligence community was certain Pakistan had nuclear weapons (see 1987): “The evidence was unbelievable. I can’t go into it—but on a scale of 1 to 10, in terms of intelligence evidence, it was a 10 or 11. It doesn’t get any better than that.” Regarding the F-16 fighters, he will add: “All the top experts had looked at this question in detail for years, and it was a cold hard engineering question. There was no question about it—the jets could easily be made nuke-capable, and we knew that Pakistan had done just that.” [Raw Story, 4/30/2007] Barlow therefore urges that the testimony be corrected, but he is fired from his position two days later (see August 4, 1989). The US should not agree to the sale, as it has passed a law saying it will not sell such equipment to countries that obtain nuclear weapons, but President Reagan has repeatedly and falsely certified that Pakistan does not have a nuclear device, so the contract is signed. However, the deal will collapse the next year when President Bush fails to certify that Pakistan does not have a nuclear weapon (see October 1990). [New Yorker, 3/29/1993; Guardian, 10/13/2007]
Motivation Said to Be Profit - Given that the Soviet-Afghan War is over and there is therefore no need to be friendly with Pakistan to ensure it supports the anti-Soviet jihad in Afghanistan, Barlow believes that Hughes is lying not to support US national interests, but simply for the profits to be made by the planes’ manufacturer. “They sold out the world for an F-16 sale,” Barlow will comment. [Raw Story, 4/30/2007]

Entity Tags: Richard Barlow, Arthur Hughes, Pakistan

Timeline Tags: A. Q. Khan's Nuclear Network

Richard Barlow, an analyst who has repeatedly insisted that Pakistan has a nuclear weapons program (see July 1987 or Shortly After and Mid-1989), is fired from his position at the Pentagon. Barlow will later say, “They told me they had received credible information that I was a security risk.” When he asks why he is thought to be a security risk, “They said they could not tell me as the information was classified,” but “senior Defense Department officials” are said to have “plenty of evidence.” His superiors think he might leak information about Pakistan’s nuclear program to congressmen in favor of the non-proliferation of nuclear weapons. He spends the next eighteen months in the Pentagon personnel pool, under surveillance by security officers. Apparently, I. Lewis “Scooter” Libby and two officials who work for Undersecretary of Defense for Policy Paul Wolfowitz are involved in the sacking. It is also rumored that Barlow is a Soviet spy. Barlow’s conclusions about Pakistan’s nuclear program are unpopular with some, because if the US admitted the nuclear program existed, this would lead to a break between the US and Pakistan and endanger US aid to the anti-Soviet mujaheddin and US arms sales (see August 1985-October 1990 and August-September 1989). After he is fired, rumors are started saying that Barlow is a tax evader, alcoholic, adulterer, and in psychiatric care. As his marriage guidance counseling is alleged to be cover for the psychiatric care, the Pentagon insists that investigators be allowed to interview his marriage guidance counselor. Due to this and other problems, his wife leaves him and files for divorce. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will later be exonerated by various investigations (see May 1990 and Before September 1993).

Entity Tags: Paul Wolfowitz, Pakistan, US Department of Defense, Lewis (“Scooter”) Libby, Richard Barlow

Timeline Tags: A. Q. Khan's Nuclear Network

Sheikh Abdullah Azzam.Sheikh Abdullah Azzam. [Source: CNN]Bin Laden’s mentor Sheikh Abdullah Azzam is killed by a car bomb in Afghanistan. The killing is never solved. Azzam has no shortage of enemies. Suspects include the Mossad, CIA, Afghan warlord Gulbuddin Hekmatyar, the ISI, and bin Laden. The reason bin Laden is suspected is because he and Azzam were increasingly at odds over what approach to take since the Soviet Union had been driven from Afghanistan earlier in the year (see February 15, 1989). [Slate, 4/16/2002; Coll, 2004, pp. 204] In 1998, Mohammed Saddiq Odeh will be arrested and later convicted for a role in the 1998 African embassy bombings. He reportedly will tell US interrogators that bin Laden “personally ordered the killing of Azzam because he suspected his former mentor had ties with the CIA.” However, it is not known if Odeh was just passing on a rumor. [Gunaratna, 2003, pp. 32] Regardless, in the wake of Azzam’s death, bin Laden takes control of Azzam’s recruiting and support network, Maktab al-Khidamat (MAK)/Al-Kifah, and merges it with al-Qaeda, which was formed the year before (see August 11-20, 1988). [Slate, 4/16/2002; Coll, 2004, pp. 204]

Entity Tags: Mohammed Saddiq Odeh, Al-Qaeda, Abdullah Azzam, Maktab al-Khidamat, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Tensions rise in India and Pakistan due to a crisis in Indian-held Kashmir, and the situation escalates to such a degree that strikes with nuclear weapons are considered. In January, Indian police open fire on pro-independence demonstrators in the province, killing fifty, which prompts the Pakistani government to step up support for pro-Pakistani militants operating there. There are also large protests and India blames Pakistan for the unrest, a charge which is partially correct and leads Indian authorities to try to suppress the protesters. India also moves offensive units to the Pakistan border, prompting the Pakistani army to mass on the other side. A US official will later say that the Pakistani military knew it could not hold out against the Indian army using conventional means: “The only way for the Pakistanis to deal with the Indians is to be able to take out New Delhi.… There’s no way that sending ten F-16s with conventional bombs is going to do it. Only the nukes could strike back.” Richard Kerr, a deputy director at the CIA, will later comment: “It was the most dangerous nuclear situation we have ever faced since I’ve been in the US government. It may be as close as we’ve come to a nuclear exchange. It was far more frightening than the Cuban missile crisis.” [New Yorker, 3/29/1993] The crisis is resolved by National Security Council member Robert Gates, who persuades the two sides to disengage (see May 1990).

Entity Tags: Central Intelligence Agency, Richard Kerr, Robert M. Gates

Timeline Tags: A. Q. Khan's Nuclear Network

When the US learns of a crisis in relations between India and Pakistan that could escalate into nuclear war (see January-May 1990), President George Bush sends Deputy National Security Adviser Robert Gates to meet leaders of both countries in an attempt to prevent armed conflict. Gates will later say he appreciated the seriousness of the situation: “The analogy we kept making was to the summer of 1914… Pakistan and India seemed to be caught in a cycle that they couldn’t break out of. I was convinced that if a war started, it would be nuclear.” However, Pakistani Prime Minister Benazir Bhutto, who is on a tour of the Middle East, keeps changing the place where she is to meet Gates, indicating she has no desire to see him. Gates therefore only meets with Pakistani army chief Aslam Beg and President Ghulam Ishaq Khan, who say they will cease supporting insurgents in Kashmir. This is apparently enough to calm the Indians, who allow US officials to check that the Indian army is not on the border preparing to invade Pakistan, and the situation gradually calms down. [New Yorker, 3/29/1993]

Entity Tags: George Herbert Walker Bush, Aslam Beg, Benazir Bhutto, Robert M. Gates, Ghulam Ishaq Khan

Timeline Tags: A. Q. Khan's Nuclear Network

After the US successfully resolves a crisis that could have led to nuclear war between Pakistan and India (see January-May 1990 and May 1990), essential details of the affair remain secret until March 1993, when they are revealed in a New Yorker article by Seymour Hersh. Hersh will comment, “Stopping a nuclear exchange seemed made to order for the public-relations machinery of the White House.” However, what reports there are at the time in the US and British press are dismissed as exaggerations by the Bush administration. Hersh will say: “An obvious explanation for the high-level quiet revolves around the fact, haunting to some in the intelligence community, that the Reagan administration had dramatically aided Pakistan in its pursuit of the bomb.… [The administration] looked the other way throughout the mid-nineteen-eighties as Pakistan assembled its nuclear arsenal with the aid of many millions of dollars’ worth of restricted, high-tech materials bought inside the United States.” [New Yorker, 3/29/1993]

Entity Tags: Seymour Hersh, Reagan administration

Timeline Tags: A. Q. Khan's Nuclear Network

Sheikh Omar Abdul-Rahman.Sheikh Omar Abdul-Rahman. [Source: FBI]Despite being on a US terrorist watch list for three years, radical Muslim leader Sheikh Omar Abdul-Rahman enters the US on a “much-disputed” tourist visa issued by an undercover CIA agent. [Village Voice, 3/30/1993; Atlantic Monthly, 5/1996; Lance, 2003, pp. 42] Abdul-Rahman was heavily involved with the CIA and Pakistani ISI efforts to defeat the Soviets in Afghanistan, and became famous traveling all over the world for five years recruiting new fighters for the Afghan war. The CIA gave him visas to come to the US starting in 1986 (see December 15, 1986-1989) . However, he never hid his prime goals to overthrow the governments of the US and Egypt. [Atlantic Monthly, 5/1996] FBI agent Tommy Corrigan will later say that prior to Abdul-Rahman’s arrival, “terrorism for all intents and purposes didn’t exist in the United States. But [his] arrival in 1990 really stoke the flames of terrorism in this country. This was a major-league ballplayer in what at the time was a minor-league ballpark. He was… looked up to worldwide. A mentor to bin Laden, he was involved with the MAK over in Pakistan.” The charity front Maktab al-Khidamat (MAK) is also known as Al-Kifah, and it has a branch in Brooklyn known as the Al-Kifah Refugee Center. The head of that branch, Mustafa Shalabi, picks up Abdul-Rahman at the airport when he first arrives and finds an apartment for him. Abdul-Rahman soon begins preaching at Al Farouq mosque, which is in the same building as the Al-Kifah office, plus two other locals mosques, Abu Bakr and Al Salaam. [Lance, 2006, pp. 53] He quickly turns Al-Kifah into his “de facto headquarters.” [Atlantic Monthly, 5/1996] He is “infamous throughout the Arab world for his alleged role in the assassination of Egyptian president Anwar Sadat.” Abdul-Rahman immediately begins setting up a militant Islamic network in the US. [Village Voice, 3/30/1993] He is believed to have befriended bin Laden while in Afghanistan, and bin Laden secretly pays Abdul-Rahman’s US living expenses. [Atlantic Monthly, 5/1996; ABC News, 8/16/2002] For the next two years, Abdul-Rahman will continue to exit and reenter the US without being stopped or deported, even though he is still on the watch list (see Late October 1990-October 1992).

Entity Tags: National Security Agency, Osama bin Laden, Meir Kahane, Omar Abdul-Rahman, Central Intelligence Agency, Al-Kifah Refugee Center, US Department of State, Abu Bakr Mosque, Al Farouq Mosque, Al Salaam Mosque, Anwar Sadat, World Trade Center

Timeline Tags: Complete 911 Timeline

In a letter handed to Pakistani Foreign Minister Sahibzada Yaqub Khan, the US demands that Pakistan destroy the cores of its nuclear weapons, thus disabling the weapons. Pakistan does not do so. The US then imposes sanctions on Pakistan (see October 1990), such as cutting off US aid to it, due to the nuclear weapons program. However, it softens the blow by waiving some of the restrictions (see 1991-1992). [New Yorker, 3/29/1993] The US has known about Pakistan’s nuclear weapons program for some time, but continued to support the Pakistanis during the Soviet-Afghan War (see August 1985-October 1990).

Entity Tags: Sahibzada Yaqub Khan, Pakistan

Timeline Tags: A. Q. Khan's Nuclear Network

October 1990: US Imposes Sanctions on Pakistan

Since 1985, US Congress has required that sanctions be imposed on Pakistan if there is evidence that Pakistan is developing a nuclear weapons program (see August 1985-October 1990). With the Soviet-Afghan war over, President Bush finally acknowledges widespread evidence of Pakistan’s nuclear program and cuts off all US military and economic aid to Pakistan. However, it appears some military aid will still get through. For instance, in 1992, Senator John Glenn will write, “Shockingly, testimony by Secretary of State James Baker this year revealed that the administration has continued to allow Pakistan to purchase munitions through commercial transactions, despite the explicit, unambiguous intent of Congress that ‘no military equipment or technology shall be sold or transferred to Pakistan.’” [International Herald Tribune, 6/26/1992] These sanctions will be officially lifted a short time after 9/11.

Entity Tags: John Glenn, Pakistan, United States, George Herbert Walker Bush

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

President George Bush allows Pakistan to buy US-made weapons from commercial companies, despite having invoked the Pressler amendment (see August 1985) the previous year due to the Pakistanis’ nuclear weapons program. The Pressler amendment provided for sanctions against Pakistan, such as the suspension of foreign aid, if the US president failed to certify Pakistan did not have a nuclear weapon, which President Bush did not do in 1990 (see October 1990). Journalist Seymour Hersh will later comment that this permission “nullif[ies] the impact of the law.” [New Yorker, 3/29/1993]

Entity Tags: Pakistan, Seymour Hersh, George Herbert Walker Bush

Timeline Tags: A. Q. Khan's Nuclear Network

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

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

Timeline Tags: Civil Liberties

“A Call for Jihad in Bosnia” flyer published by the Al-Kifah Refugee Center’s Boston branch.“A Call for Jihad in Bosnia” flyer published by the Al-Kifah Refugee Center’s Boston branch. [Source: Public domain]The Al-Kifah Refugee Center in Brooklyn, New York, is al-Qaeda’s main foothold in the US and most of the 1993 WTC bombers are closely tied to it. It had been formed in the 1980s to send militants to fight in Afghanistan and also help veteran fighters settle in the US (see 1986-1993). But the Afghanistan war against the Soviets ended in early 1989 and the winning factions soon began fighting amongst themselves (see February 15, 1989). But a new cause is on the horizon as Yugoslavia starts falling apart. By 1991, the center’s parent organization in Pakistan, Maktab al-Khidamat(MAK)/Al-Kifah begins setting up al-Qaeda charity fronts in the Bosnia region (see 1991). The main regional MAK/Al-Kifah branch in Zagreb, Croatia, is also called the Al-Kifah Refugee Center like the Brooklyn branch and has very close ties with that branch (see Early 1990s). In 1992, war breaks out in Bosnia (see April 6, 1992) and the Al-Kifah Refugee Center in Brooklyn shifts its focus fully to the Bosnia cause. For instance, the Boston branch publishes “A Call for Jihad in Bosnia.” It claims that more than 100,000 Bosnians had been killed and that thousands of Muslim girls had been kidnapped and kept in Yugoslav army camps for sex. It urges readers who wish “to provide the emerging jihad movement in Bosnia with more than food and shelter” to send their donations to Al-Kifah. And just as Al-Kifah led the effort to send US-based militants to fight in Afghanistan, it appears to do the same for Bosnia. Vanity Fair will later claim, “Dozens and perhaps hundreds of US residents are reported to have joined appeals to fight the Serbs in Bosnia.” [Vanity Fair, 3/2005] The head of the Al-Kifah Refugee Center’s Zagreb branch, Kamer Eddine Kherbane, apparently is also one of the leaders of the mujaheddin fighters in Bosnia around this time (see 1990 and 1991). The CIA had ties to Al-Kifah during the Afghan war (see Late 1980s and After) and there is some circumstantial evidence of US government ties to it during the Bosnia war. In 1992, Ali Mohamed, a double agent and ex-US Special Forces officer with close ties to Al-Kifah, leads a group of US militants who are all ex-US soldiers to train and fight in Bosnia (see December 1992). Abu Ubaidah Yahya, an ex-US marine and security chief at the Brooklyn branch, will lead a second group of US militants to fight in Bosnia (see Spring 1993).

Entity Tags: Ali Mohamed, Abu Ubaidah Yahya, Al-Kifah Refugee Center, Kamer Eddine Kherbane, Maktab al-Khidamat

Timeline Tags: Complete 911 Timeline

Paul Wolfowitz.Paul Wolfowitz. [Source: Boston Globe]A draft of the Defense Department’s new post-Cold War strategy, the Defense Planning Guidance (DPG), causes a split among senior department officials and is criticized by the White House. The draft, prepared by defense officials Zalmay Khalilzad and Lewis “Scooter” Libby under the supervision of Undersecretary of Defense Paul Wolfowitz, says that the US must become the world’s single superpower and must take aggressive action to prevent competing nations—even allies such as Germany and Japan—from challenging US economic and military supremacy. [New York Times, 5/23/1992; Rupert and Solomon, 2005, pp. 122; Scoblic, 2008, pp. 165] The views in the document will become known informally as the “Wolfowitz Doctrine.” Neoconservative Ben Wattenberg will say that its core thesis is “to guard against the emergence of hostile regional superpowers, for example, Iraq or China.” He will add: “America is No. 1. We stand for something decent and important. That’s good for us and good for the world. That’s the way we want to keep it.” [AntiWar (.com), 8/24/2001] The document hails what it calls the “less visible” victory at the end of the Cold War, which it defines as “the integration of Germany and Japan into a US-led system of collective security and the creation of a democratic ‘zone of peace.’” It also asserts the importance of US nuclear weapons: “Our nuclear forces also provide an important deterrent hedge against the possibility of a revitalized or unforeseen global threat, while at the same time helping to deter third party use of weapons of mass destruction through the threat of retaliation.” [New York Times, 3/8/1992] The document states, “We must maintain the mechanism for deterring potential competitors from even aspiring to a larger regional or global role.” [New York Times, 3/8/1992] In 2007, author Craig Unger will write that deterring “potential competitors” from aspiring to a larger role means “punishing them before they can act.” [Unger, 2007, pp. 116]
US Not Interested in Long-Term Alliances - The document, which says the US cannot act as the world’s policeman, sees alliances among European nations such as Germany and France (see May 22, 1992) as a potential threat to US supremacy, and says that any future military alliances will be “ad hoc” affairs that will not last “beyond the crisis being confronted, and in many cases carrying only general agreement over the objectives to be accomplished.… [T]he sense that the world order is ultimately backed by the US will be an important stabilizing factor.” [New York Times, 5/23/1992] Conspicuously absent is any reference to the United Nations, what is most important is “the sense that the world order is ultimately backed by the US… the United States should be postured to act independently when collective action cannot be orchestrated” or in a crisis that demands quick response. [New York Times, 3/8/1992] Unger will write of Wolfowitz’s “ad hoc assemblies:” “Translation: in the future, the United States, if it liked, would go it alone.” [Unger, 2007, pp. 116]
Preventing the Rise of Any Global Power - “[W]e endeavor to prevent any hostile power from dominating a region whose resources would, under consolidated control, be sufficient to generate global power. These regions include Western Europe, East Asia, the territory of the former Soviet Union and Southwest Asia.” The document advocates “a unilateral US defense guarantee” to Eastern Europe, “preferably in cooperation with other NATO states,” and foresees use of American military power to preempt or punish use of nuclear, biological or chemical weapons, “even in conflicts that otherwise do not directly engage US interests.” [Washington Post, 3/11/1992]
Containing Post-Soviet Threats - The document says that the US’s primary goal is “to prevent the re-emergence of a new rival, either on the territory of the former Soviet Union or elsewhere, that poses a threat on the order of that posed formerly by the Soviet Union.” It adds, “This is a dominant consideration underlying the new regional defense strategy and requires that we endeavor to prevent any hostile power from dominating a region whose resources would, under consolidated control, be sufficient to general global power.” In the Middle East and Southwest Asia, “our overall objective is to remain the predominant outside power in the region and preserve US and Western access to the region’s oil.” The document also asserts that the US will act to restrain what it calls India’s “hegemonic aspirations” in South Asia [New York Times, 5/23/1992] , and warns of potential conflicts, perhaps requiring military intervention, arising in Cuba and China. “The US may be faced with the question of whether to take military steps to prevent the development or use of weapons of mass destruction,” it states, and notes that these steps may include pre-empting an impending attack with nuclear, chemical or biological weapons, “or punishing the attackers or threatening punishment of aggressors through a variety of means,” including attacks on the plants that manufacture such weapons. It advocates the construction of a new missile defense system to counter future threats from nuclear-armed nations. [New York Times, 3/8/1992]
Reflective of Cheney, Wolfowitz's Views - Senior Pentagon officials say that while the draft has not yet been approved by either Dick Cheney or Wolfowitz, both played substantial roles in its creation and endorse its views. “This is not the piano player in the whorehouse,” one official says.
Democrats Condemn Policy Proposal - Senator Robert Byrd (D-WV), an advocate of a reduction in military spending, calls the document “myopic, shallow and disappointing,” adding: “The basic thrust of the document seems to be this: We love being the sole remaining superpower in the world.” Senator Joseph Biden (D-DE) attacks what he sees as the document’s emphasis on unilateral military action, and ridicules it as “literally a Pax Americana.” Pentagon officials will dispute characterizations that the policy flatly rejects any idea of multilateral military alliances. One defense official says, “What is just dead wrong is this notion of a sole superpower dominating the rest of the world.” [New York Times, 3/8/1992; Washington Post, 3/11/1992]
Abandoned, Later Resurrected - Wolfowitz’s draft will be heavily revised and much of its language dropped in a later revision (see May 22, 1992) after being leaked to the media (see March 8, 1992). Cheney and Wolfowitz’s proposals will receive much more favorable treatment from the administration of George W. Bush (see August 21, 2001).

Entity Tags: Richard (“Dick”) Cheney, Paul Wolfowitz, Ben Wattenberg, Craig Unger, Robert C. Byrd, North Atlantic Treaty Organization, Bush administration (41), United Nations, Lewis (“Scooter”) Libby, Zalmay M. Khalilzad, US Department of Defense, Joseph Biden

Timeline Tags: US International Relations

Territory controlled around the start of the war. White represents the Bosnian Serbs while gray represents Bosnian Muslims and Croats.Territory controlled around the start of the war. White represents the Bosnian Serbs while gray represents Bosnian Muslims and Croats. [Source: Time / Cowan, Castello, Glanton]Bosnia declares independence from Yugoslavia (which is now mostly made up of Serbia). The Bosnian Serbs immediately declare their own separate state, but remain closely tied to Serbia. War between Bosnia and Serbia begins immediately, adding to the existing war between Croatia and Serbia. Within days, the US recognizes the states of Croatia, Slovenia, and Bosnia. The European Union, which has already recognized Croatia and Slovenia, recognizes Bosnia as well. Serbia immediately gains the upper hand and within a month Serbian forces surround most of the area around the Bosnian capital of Sarajevo. [US Department of State, 12/6/1995; Time, 12/31/1995; New York Times, 10/20/2003]

Entity Tags: Serbia and Montenegro, Bosnia

Timeline Tags: Complete 911 Timeline

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Double agent Ali Mohamed spends much of 1992 training al-Qaeda recruits in Afghanistan. But he also gives specialized training in Sudan, Bosnia, and other conflict zones. Using the alias Abu ‘Abdallah, he is part of a 14-man al-Qaeda team made up of retired US military personnel that enters Bosnia through Croatia to train and arm mujaheddin fighters there. Apparently this will come to light in a 1998 trial in Egypt. [Gunaratna, 2003, pp. 41, 150, 337] The training takes place at Meskovic, a village near the town of Tuzla. The 14-man team are smuggled into Bosnia one by one in December 1992. The team is said to be sponsored by a “mosque in Newark, New Jersey.” [Associated Press, 12/3/1995] Mohamed regularly trained militants at the Al-Kifah Refugee Center, an al-Qaeda front in the US (see 1987-1989), and there was a mosque associated to it in Newark. This effort takes place at a time when Al-Kifah is sending many US-based militants to fight in Bosnia (see 1992). It will later be alleged that a US Army official met with people at Al-Kifah in December 1992 and offered to help with a covert operation to support Muslims in Bosnia (see December 1992). Twelve of the Americans leave within two months after training a group of 25 mujaheddin in insurgency warfare. But Mohamed and another American only known by the code name Abu Musa remain at Meskovic until June 1993, occasionally accompanying the mujaheddin on attacks behind Serb lines. [Associated Press, 12/3/1995]

Entity Tags: Al-Kifah Refugee Center, Al-Qaeda, Ali Mohamed

Timeline Tags: Complete 911 Timeline

In June 1993, Abu Ubaidah Yahya will tell the New York Times that early in the year he went to Bosnia with several other Muslims from the New York region to help embattled Bosnian Muslims “with technical advice and medical aid.” [New York Times, 6/26/1993] Yahya is an ex-US Marine connected to numerous figures in the 1993 WTC bombing and “Landmarks” bombing plots, and US intelligence had him under surveillance since January 1993 (see January 7-13, 1993), although how intensive the surveillance was is unknown. The FBI is aware that Yahya repeatedly travels in the spring of 1993 to Vienna, Austria, to pick up money from the Bosnian-linked Third World Relief Agency charity front (see Early April 1993), so presumably he goes to nearby Bosnia on some or all of those trips. It is likely he and his group actually go to Bosnia to fight, since one of his associates told an FBI informant that Yahya and a group of about ten men he trained were going to fight in Bosnia once their training session was over, and the training ended in February 1993 (see December 1992-Early February 1993). Saudis also gave Yahya’s close associate Clement Rodney Hampton-El a considerable amount of money to train militants in the US to fight in Bosnia (see December 1992). [Miller, Stone, and Mitchell, 2002, pp. 113] Yahya is the security chief of the Al-Kifah Refugee Center, a charity front linked to both al-Qaeda and the CIA (see 1986-1993). A group of US militants linked to Al-Kifah go fight in Bosnia starting in December 1992, but this must be a different group since Yahya is still training his group for another two months (see December 1992-June 1993 and December 1992-Early February 1993).

Entity Tags: Abu Ubaidah Yahya, Federal Bureau of Investigation, Al-Kifah Refugee Center, Clement Rodney Hampton-El

Timeline Tags: Complete 911 Timeline

Senator Jeff Bingaman (D-NM), a member of the Senate Armed Services Committee, asks the Defense Department to re-open its inquiry into the sacking of Richard Barlow, an analyst who worked on assessments of Pakistan’s nuclear program (see August 4, 1989). The request is made because Bingaman has seen evidence that a report by the Pentagon’s inspector general mischaracterized or possibly even fabricated evidence against Barlow. [New Yorker, 3/29/1993] The inspector general will write a report clearing Barlow, but this report will be rewritten to damage him (see Before September 1993).

Entity Tags: Jeff Bingaman, Richard Barlow, Senate Armed Forces Committee, US Department of Defense

Timeline Tags: A. Q. Khan's Nuclear Network

A combined inquiry by the inspectors general of the Defense Department, CIA, and State Department finds that numerous charges made against Richard Barlow (see 1981-1982 and August 4, 1989), a former analyst of Pakistan’s nuclear weapons program for all three agencies, are without merit. However, the report is re-written before it is published. Lead inspector Sherman Funk finds that the accusation that Barlow is a traitor is “an error not supported by a scintilla of evidence,” adding, “The truth about Barlow’s termination is, simply put, that it was unfair and unwarranted.” Funk calls the whole affair “Kafka-like” and says Barlow was fired for “refusing to accede to policies which he knew to be wrong.” Despite this, the report is rewritten before it is published. The new version exonerates the Pentagon and says that Pakistan does not have nuclear weapons, although the US is well aware it does (see July 1987 or Shortly After). [New Yorker, 3/29/1993; Guardian, 10/13/2007] Funk will comment: “Yesterday, I received a copy of the Barlow report I had co-signed. Reviewing it I was startled and dismayed to realize that the summary of conclusions had not been revised to reflect the changes we had made.” [Levy and Scott-Clark, 2007, pp. 233, 507]
Fabricated Evidence - Commenting on an earlier version of the Pentagon inspector general’s report, one of Barlow’s former bosses, Gerald Oplinger, said that it contained evidence fabricated by the inspector general’s office. The report alleges that Oplinger deliberately inflated his annual evaluation of Barlow in order to avoid “an unpleasant personnel situation.” However, in a sworn affidavit Oplinger says this charge is “devoid of merit,” and also denies ever having spoken to anyone from the inspector general’s office, even though an interview with him is listed as one of the sources for the report.
'Many' Colleagues Support Barlow - Journalist Seymour Hersh previously interviewed “many” of Barlow’s former CIA and State Department colleagues and they confirmed Barlow’s essential allegation—that the full story of the Pakistani purchases was deliberately withheld from Congress, for fear of provoking a cut-off in military and economic aid that would adversely affect the Soviet-Afghan War. [New Yorker, 3/29/1993]

Entity Tags: Office of the Inspector General (DoD), Office of the Inspector General (CIA), Central Intelligence Agency, US Department of State, Sherman Funk, Richard Barlow, US Department of Defense, Office of the Inspector General (State Department)

Timeline Tags: A. Q. Khan's Nuclear Network

The US Senate votes to lift some sanctions that were imposed on Pakistan due to its nuclear weapons program (see August 1985 and October 1990). The measure does not allow the US to sell Pakistan embargoed F-16 fighters, but, according to authors Adrian Levy and Catherine Scott-Clark, only leads to “a few million dollars being dispatched to a handful of Pakistan-based charities.” The amendment was proposed by Hank Brown (R-CO), chairman of a subcommittee of the Senate Foreign Relations Committee. The measure is opposed by John Glenn and other like-minded senators strongly against nuclear proliferation, but passes by one vote. Levy and Scott-Clark will comment, “It [the measure] was not a remedy and did nothing to bolster the fragile [Pakistani] democracy that had gone 10 rounds in the ring with the military and its ISI.” [Levy and Scott-Clark, 2007, pp. 265, 513]

Entity Tags: John Glenn, Hank Brown

Timeline Tags: A. Q. Khan's Nuclear Network

Sheila E. Witnall, the secretary of the Air Force, declassifies all Air Force accident reports prior to January 25, 1956. The declassification includes the 1948 crash of the B-29 bomber that killed nine of 13 crew members during a secret “Project Banshee” mission (see October 6, 1948). The formerly classified reports had been at the heart of the case of US v Reynolds (see March 9, 1953) that sparked the so-called “state secrets” privilege. Four years after the declassification, the daughter of one of the slain civilians on board, Judy Palya Loether, finds the accident report on the Internet; the discovery spurs her to begin looking into the circumstances of her father’s death, and ultimately will result in a second lawsuit being filed on behalf of the families of the slain crewmen (see February 26, 2003). [Siegel, 2008, pp. 205-208]

Entity Tags: Project Banshee, Sheila E. Witnall, Judy Palya Loether, US Department of the Air Force

Timeline Tags: Civil Liberties

China ships centrifuge parts to Pakistan to aid that country’s nuclear weapons program. The parts are 5,000 ring magnets, shipped by the China Nuclear Energy Industry Corporation to Karachi. They are for use in the suspension bearings of centrifuge rotors. The US learns of this shipment, and one of the officials who works on the case is Gordon Oehler, the US national intelligence officer for weapons of mass destruction. Reportedly, CIA Director John Deutch also learns of the deal and tells a meeting at the White House that Chinese officials have approved it. Oehler, who has been arguing for sanctions on China because of its support for Pakistan’s nuclear weapons program for some time, thinks that the administration will now have to apply sanctions. However, the Clinton administration does not act on the intelligence. Authors Adrian Levy and Catherine Scott-Clark will later ask “officials in the State Department familiar with the deal” why no action was taken. One of the officials will say: “China did not respond well to sanctions. We tried: they achieved nothing. So, we did—well, nothing.” News of the deal is soon leaked to the US press. [Levy and Scott-Clark, 2007, pp. 259, 512]

Entity Tags: US Department of State, Central Intelligence Agency, Gordon Oehler, China, John Deutch, China Nuclear Energy Industry Corporation

Timeline Tags: A. Q. Khan's Nuclear Network

The US State Department releases a report saying the Chinese government is not supplying equipment for Pakistan’s nuclear weapons program. The report was drafted in response to a leak to the press saying that the US administration knew the Chinese government had signed off on the sale of Chinese magnets for Pakistani centrifuges (see Early 1996). However, the report says there is “no evidence that the Chinese government had wilfully aided or abetted Pakistan’s nuclear weapons program through the magnet transfer.” Authors Adrian Levy and Catherine Scott-Clark will comment, “It flew in the face of the truth—in the same way that Bush officials had claimed F-16s could not be used to deploy a nuclear bomb” (see August-September 1989). Levy and Scott-Clark will add that Gordon Oehler, the US national intelligence officer for weapons of mass destruction, is “furious” with the report and the lack of sanctions imposed on the Chinese. [Levy and Scott-Clark, 2007, pp. 259]

Entity Tags: US Department of State, China, Gordon Oehler

Timeline Tags: A. Q. Khan's Nuclear Network

Gordon Oehler, the US national intelligence officer for weapons of mass destruction, appears before the Senate Governmental Affairs Committee. At a closed hearing he tells it that the administration has intelligence showing that China is shipping nuclear weapons technology to Pakistan, but the administration is covering this up (see (April 1992), (Mid-1990s), Early 1996, May 1996, and September 1996). Authors Adrian Levy and Catherine Scott-Clark will say that by this time Oehler has “had enough” of the administration ignoring his work documenting the deals between China and Pakistan. “There was no consistent policy emerging,” they will write. “There was no strategy even. There was no considered attempt to rein China in or to tackle Pakistan, which was getting increasingly out of hand. There was just a steady drip, drip of doomsday technology from China to Pakistan and from Pakistan to—no one was exactly sure how many countries.” Therefore, Oehler makes the attempt to get the Senate to do something. Levy and Scott-Clark will say he found “the softest way he could to contradict his superiors short of becoming a whistle-blower.” However, no action is taken against China or Pakistan, and Oehler soon resigns (see October 1997). [Levy and Scott-Clark, 2007, pp. 259-260]

Entity Tags: Senate Homeland Security and Governmental Affairs Committee, China, Pakistan, Gordon Oehler

Timeline Tags: A. Q. Khan's Nuclear Network

Gordon Oehler, the US national intelligence officer for weapons of mass destruction, resigns from his position, taking early retirement. Authors Adrian Levy and Catherine Scott-Clark will say that Oehler is “exhausted and cynical” by this time. This is because he has frequently warned of the dangers of allowing China to proliferate nuclear weapons technology, but the administration has not done anything about it (see (April 1992), (Mid-1990s), Early 1996, May 1996, and September 1996). A senior non-proliferation official in the State Department will later say Oehler “kind of set down an ultimatum” that was ignored, “and he felt he had to walk.” [Levy and Scott-Clark, 2007, pp. 260, 512]

Entity Tags: Gordon Oehler

Timeline Tags: A. Q. Khan's Nuclear Network

US President Bill Clinton and Pakistani Prime Minister Nawaz Sharif reach an agreement on co-operation between their countries. According to a deal offered by Clinton, the US will refund Pakistan most of the $470 million it owes for a group of F-16 fighters ordered and paid for by Pakistan but never delivered (see August-September 1989). In return, Clinton asks Sharif to close down Pakistani nuclear proliferator A. Q. Khan and his operations, as well as training camps for radical Islamists in Afghanistan that are supported by Pakistan. However, Sharif does not fulfill his end of the bargain, and the Pakistani government continues to support both Khan and the training camps. According to authors Adrian Levy and Catherine Scott-Clark, Sharif thinks he can get away with the inaction because of Clinton’s preoccupation with the Monica Lewinsky sex scandal and the US’s generally permissive attitude to Pakistani nuclear weapons. [Levy and Scott-Clark, 2007, pp. 286]

Entity Tags: William Jefferson (“Bill”) Clinton, Nawaz Sharif

Timeline Tags: A. Q. Khan's Nuclear Network

Richard Barlow, a former intelligence analyst who was repeatedly fired for correctly claiming that Pakistan had a nuclear weapons program (see 1981-1982, August 1987-1988 and August 4, 1989), is awarded a total of $1 million by President Bill Clinton in compensation for the treatment he received. However, Barlow does not receive the money, as the settlement has to be ratified by Congress. When it runs into procedural problems, it is moved to the Court of Federal Claims to be reviewed. After Clinton is replaced by George W. Bush, CIA Director George Tenet and NSA Director Michael Hayden assert the government’s “state secrets privilege” (see March 9, 1953) over Barlow’s entire legal claim, causing it to collapse due to lack of evidence. [Guardian, 10/13/2007]

Entity Tags: William Jefferson (“Bill”) Clinton, Richard Barlow, National Security Agency, Michael Hayden, Court of Federal Claims, Central Intelligence Agency, George J. Tenet

Timeline Tags: A. Q. Khan's Nuclear Network

Paul Wolfowitz, who served as undersecretary of defense for policy in the George H. W. Bush administration, first learns of the case of Richard Barlow, according to a statement made later by Wolfowitz. Barlow was an analyst of Pakistan’s nuclear weapons program who was fired for attempting to tell Congress the truth about what the US knew about the program. Wolfowitz will say he learns of the case around this time when he is asked to supply an affidavit to Barlow’s lawyers, who are involved in a civil action. According to a statement made by Wolfowitz in February 2001 during a hearing to confirm him as deputy secretary of defense, the reason Wolfowitz did not know of the case before was that most of the events concerning Barlow’s termination occurred before he became undersecretary of defense for policy. Wolfowitz joined the Defense Department at some time in mid-to-late 1989 (see March 20, 1989 and After) after leaving his position as US ambassador to Indonesia that May (see May 1989). The Barlow situation came to a head that August (see August 4, 1989). [Levy and Scott-Clark, 2007, pp. 300, 518] The case of Barlow is fairly well known at this time and has been the subject of several media reports, one of the most prominent being a 1993 New Yorker piece by Seymour Hersh. [New Yorker, 3/29/1993]

Entity Tags: Paul Wolfowitz, Richard Barlow

Timeline Tags: A. Q. Khan's Nuclear Network

Judy Palya Loether.Judy Palya Loether. [Source: SecrecyFilm (.com)]Judy Palya Loether, the daughter of a civilian engineer killed in a 1948 plane crash while on a secret government mission (see October 6, 1948), reads over the voluminous reports of the accident that claimed her father’s life. The reports, now declassified (see January 1996), had been at the heart of a landmark lawsuit that gave judicial recognition to the government’s “state secrets” privilege (see March 9, 1953). Loether is shocked to find that the reports contain nothing that could be construed as military or tactical secrets of any kind, though for decades the government has insisted that they could not be revealed, even to a judge (see October 18, 1948, July 26, 1950, August 7-8, 1950, September 21, 1950, and October 19, 1951). What they do contain is a compendium of witness statements and expert findings that indicate a number of mistakes and errors led to the crash. Loether begins contacting the families of the widows who had filed the original lawsuit against the government (seeJune 21, 1949) to share her findings. [Siegel, 2008, pp. 210-211] Loether is confused and angered over the contents of the reports, and the government’s response to the lawsuit. She cannot understand why the government pressed so hard to keep the reports classified, knowing that they contained no sensitive information about the secret missile program, and is particularly troubled by the fact that at least two senior government officials signed affidavits affirming the reports’ inclusion of such information while knowing that the reports contained nothing of the sort. She wonders if government officials had perhaps decided to lie about the reports in order to establish some sort of state secrets privilege. In September 2002, lawyers Wilson Brown and Jeff Almeida, retained by Loether and others who lost family members in the crash, come to the same conclusion. As Almeida will say to Brown: “I’ve read this report. There’s nothing in there.” [Siegel, 2008, pp. 219] As time goes on, Loether and her colleagues files a second lawsuit seeking to overturn the first Supreme Court verdict (see February 26, 2003).

Entity Tags: Wilson Brown, Jeff Almeida, Judy Palya Loether

Timeline Tags: Civil Liberties

Vice President Cheney takes office with every intention to push President Bush into invading Iraq. According to an unnamed former subordinate of Cheney’s while Cheney was secretary of defense (see March 20, 1989 and After), Cheney wants to “do Iraq” because he thinks it can be done quickly and easily, and because “the US could do it essentially alone… and that an uncomplicated, total victory would set the stage for a landslide re-election in 2004 and decades of Republican Party domination.” Cheney believes that overthrowing Saddam Hussein “would ‘finish’ the undone work of the first Gulf War and settle scores once and for all with a cast of characters deeply resented by the vice president: George H. W. Bush, Colin Powell, Brent Scowcroft, and Jim Baker.” [Unger, 2007, pp. 182]

Entity Tags: George Herbert Walker Bush, Brent Scowcroft, Colin Powell, Richard (“Dick”) Cheney, George W. Bush, James Baker, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Lt. Col. Stuart Couch.Lt. Col. Stuart Couch. [Source: Wall Street Journal]Mohamedou Ould Slahi, a Mauritanian businessman and alleged liaison between Islamic radicals in Hamburg and Osama bin Laden with foreknowledge of the 9/11 plot (see 1999 and January-April 2000), is arrested in Mauritania by secret police, his family says. By December, he will be in US custody. He will later be housed at a secret CIA facility within Camp Echo at the Guantanamo Bay Naval Station. [Washington Post, 12/17/2004] In 2007, it will be reported that one of Slahi’s prosecutors, Lt. Col. Stuart Couch, has refused to continue to prosecute Slahi after learning details of Slahi’s tortures at Guantanamo. [Wall Street Journal, 3/31/2007] The Nation will later report, “Aside from the beatings, waterboarding, stress positions, and sexual degradation that have been the norm at Guantanamo, Slahi was taunted with details of his mother’s incarceration and rape in an elaborate hoax by an officer who claimed to be representing the White House.” While Couch believes Slahi is a high-level al-Qaeda operative, he also believes the much of the evidence against him is not credible because of the methods used to obtain it. [Nation, 4/4/2007]

Entity Tags: Stuart Couch, Mohamedou Ould Slahi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Yaser Esam Hamdi in Afghanistan shortly after being captured there.Yaser Esam Hamdi in Afghanistan shortly after being captured there. [Source: Virginian Pilot]Yaser Esam Hamdi, who holds dual Saudi and US citizenship, is captured in Afghanistan by the Northern Alliance and handed over to US forces. According to the US government, at the time of his arrest, Hamdi carries a Kalashnikov assault rifle and is traveling with a Taliban military unit. The following month he will be transferred to Guantanamo. In April 2002, it will be discovered he is a US citizen. He will be officially be declared an “enemy combatant” and transferred to a Navy brig in Norfolk, Virginia (see April 2002). [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi

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

Sometime in early 2002, President Bush signs a secret executive order authorizing the National Security Agency (NSA) to wiretap phone conversations and read e-mails to and from US citizens. The order extends an operation set into motion at least as early as October 2001 to begin wiretapping US citizens’ phones in a response to the 9/11 attacks. When the program is revealed by the US media in late 2005 (see December 15, 2005), Bush and his officials will say the program is completely legal, though it ignores the requirements of the Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain court-issued warrants to mount surveillance against US citizens. They will insist that only those suspected of having ties to al-Qaeda are monitored, and only when those individuals make or receive international communications. [New York Times, 12/15/2005; Washington Post, 12/22/2005; Newsweek, 12/22/2008] Bush’s order authorizes the NSA to monitor international telephone conversations and international e-mails of hundreds, and perhaps thousands, of US citizens without court warrants, in an effort to track what officials call “dirty numbers” linked to al-Qaeda. When the program is finally revealed by the New York Times over three years later (see December 15, 2005), officials will say that the NSA still seeks warrants to monitor domestic communications. But there is little evidence of this (see, for example, Spring 2001). The presidential order is a radical shift in US surveillance and intelligence-gathering policies, and a major realignment for the NSA, which is mandated to only conduct surveillance abroad. Some officials believe that the NSA’s domestic eavesdropping crosses constitutional limits on legal searches. “This is really a sea change,” a former senior official who specializes in national security law will say in December 2005. “It’s almost a mainstay of this country that the NSA only does foreign searches.” [New York Times, 12/15/2005] Some sources indicate that NSA domestic surveillance activities, such as data-mining, the use of information concerning US persons intercepted in foreign call monitoring, and possibly direct surveillance of US persons, took place prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: George W. Bush, Al-Qaeda, Foreign Intelligence Surveillance Court, National Security Agency

Timeline Tags: Civil Liberties

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. [Guardian, 6/11/2002; PBS, 6/11/2002] But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. [London Times, 6/13/2002] It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” [Village Voice, 6/12/2002; Independent, 6/12/2002; BBC, 6/13/2002; Washington Post, 6/13/2003] Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. [Rolling Stone, 9/21/2006 pdf file] Bush soon privately chastises Ashcroft for overstating claims about Padilla. [Guardian, 8/15/2002] The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. [Village Voice, 6/12/2002] It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” [Guardian, 8/15/2002] Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. [San Francisco Chronicle, 6/11/2002; Washington Post, 6/11/2002] The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” [Washington Post, 6/11/2002] Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

Entity Tags: Al-Qaeda, Central Intelligence Agency, London Times, Joint Intelligence Committee, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Complete 911 Timeline

Maher Arar.Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. [Washington Post, 11/19/2003] Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. [Washington Post, 11/20/2003] In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” [Amnesty International, 8/19/2003; CounterPunch, 11/6/2003; CBS News, 1/22/2004; Washington Post, 5/11/2004; CBC News, 11/26/2004; Maher Arar, 1/15/2005]

Entity Tags: Federal Bureau of Investigation, Abdullah Almalki, Wayne Easter, Al-Qaeda, Maher Arar

Timeline Tags: Torture of US Captives

At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. [New York Observer, 1/22/2004] The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. [Vanity Fair, 9/2005] The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” [US Department of Justice, 10/18/2002; Siegel, 2008, pp. 201]

Entity Tags: Robert S. Mueller III, Sibel Edmonds, Barbara Comstock, John Ashcroft, US Department of Justice

Timeline Tags: Complete 911 Timeline, Civil Liberties

Lawyers Wilson Brown and Jeff Almeida file a request with the Supreme Court, asking it to reconsider its landmark 1953 case, US v Reynolds (see March 9, 1953). The lawyers are representing several family members who lost fathers (and, in one case, a husband) in the airplane crash that led to the original case (see October 6, 1948). The lawyers note that the government’s original claim that the accident reports could not be released due to the inclusion of “military secrets” (see July 26, 1950) is false, as the accident reports have been declassified and examined for such secrets (see February 2000). “Indeed,” the lawyers write, “they are no more than accounts of a flight that, due to the Air Force’s negligence, went tragically awry. In telling the Court otherwise, the Air Force lied. In reliance upon that lie, the Court deprived the widows [the three original plaintiffs] of their judgments. It is for this Court, through issuance of a writ of error coram nobis and in exercise of its inherent power to remedy fraud, to put things right… United States v. Reynolds stands as a classic ‘fraud on the court,’ one that is most remarkable because it succeeded in tainting a decision of our nation’s highest tribunal.” [Siegel, 2008, pp. 249-251] On July 26, 2002, one of the plaintiffs, Judy Palya Loether, wrote in an e-mail to Brown: ”US v Reynolds has come to be a landmark case that is used by the government when it claims that documents cannot be turned over to the courts because of national security. Yet this very case is now proven, in my mind, to be based on a lie that did injury to 3 widows and 5 little children (see February 2000)… It allowed the government an area of no checks and balances (see December 11, 1951). How many times has the government used this decision, not to protect national security, but for its own purposes?” [Siegel, 2008, pp. 237-238]

Entity Tags: Judy Palya Loether, Jeff Almeida, US Supreme Court, US Department of the Air Force, Wilson Brown

Timeline Tags: Civil Liberties

Wilson Brown, who has filed a petition with the Supreme Court asking that it reconsider its landmark 1953 US v Reynolds case (see March 9, 1953), receives an e-mail from Alison Massagli of the White House’s Foreign Intelligence Advisory Board. Massagli, who learned of the petition from an article in the Philadelphia Inquirer, wants a copy of Brown’s petition. Brown notices that Massagli sent a copy of the e-mail to Catherine Lotrionete of the National Security Council. Brown is pleased that the case has garnered some attention. He e-mails the plaintiffs he is representing, saying, “I thought you would find it interesting that at least one arm of the Executive Branch is interested in our case.” [Siegel, 2008, pp. 257]

Entity Tags: National Security Council, Alison Massagli, Issuetsdeah, US Supreme Court, Wilson Brown, Catherine Lotrionete

Timeline Tags: Civil Liberties

Solicitor General Theodore Olson submits a response to the request that the Supreme Court reopen the 1953 state secrets case US v Reynolds (see February 26, 2003). Olson argues that once a decision has been made, it should be respected—“the law favors finality,” he writes. More surprisingly to the plaintiffs and their lawyers, Olson argues that there was no fraud perpetuated in the original case, a position hard to defend in the face of the declassified accident reports that were the heart of that case (see February 2000 and February 26, 2003). The accident reports never contained military secrets or secret information of any kind, a claim that the Court’s 1953 decision hinged on, but Olson argues that because of the wording of the claims—releasing the reports to the original plaintiffs “might lead to disclosure” of classified information—then the old claims of protecting state secrets are still technically valid (see March 9, 1953). Olson echoes the author of the original Supreme Court opinion, Fred Vinson, by reminding the Court that “[t]he claim of privilege in this case was made in 1950, at a time in the nation’s history—during the twilight of World War II and the dawn of the Cold War—when the country, and especially the military, was uniquely sensitive to need for ‘vigorous preparation for national defense.‘… The allegations of fraud made by the petition in this case… must be viewed in that light.” The lawyer for the plaintiffs in the petition, Wilson Brown, is both angered and impressed by what he calls Olson’s “remarkable obfuscation.” By hiding behind the vague wording of the original claims of state secrets, Olson is implying that this case must turn on factual issues—and therefore should be heard in a lower court, not the Supreme Court. Brown, in his response co-written by colleague Jeff Almeida, calls Olson’s arguments “disingenuous” and insists that the plaintiffs’ original case “had been vitiated through fraud.” [Siegel, 2008, pp. 261-264]

Entity Tags: Fred Vinson, Bush administration (43), Jeff Almeida, US Supreme Court, Wilson Brown, Theodore (“Ted”) Olson

Timeline Tags: Civil Liberties

Constitutional lawyers and experts believe that the Supreme Court will not accept the petition to reopen the landmark US v Reynolds case (see February 26, 2003 and May 30, 2003). Kate Martin of the Center for National Security Studies says that the petition is essentially frivolous, and says of the claim that Reynolds was decided on the basis of a fraudulent government presentation: “That the facts of the original case are not true is irrelevant to the state secrets privilege (see March 9, 1953). The idea that it undercuts the privilege is ridiculous. Often in cases, after they’re decided, the facts are proven not to be true. That’s the nature of the legal system. Sometimes people lie. Sometimes there’s new information.” Law professor Jonathan Turley is more sympathetic to the petition, but agrees that the Supreme Court will probably not hear it: “For the Supreme Court to address the fact clearly that it had been lied to would open difficult issues.… The Court used the facts of Reynolds to say the government could be trusted.… Reynolds was based on trust, on willful blinders. There’s much danger in going back now, in recognizing that the government routinely lies. They’re not going to face that. They won’t reopen this. I think Reynolds is like discovering an unfaithful wife after fifty years of marriage. You’re hurt by the betrayal, but you can’t turn back half a century. You preserve the marriage for the children’s sake” (see December 1980, September 1982, November 1984, January 1990, June 13, 1991, and September 16, 1992). [Siegel, 2008, pp. 266-267]

Entity Tags: US Supreme Court, Jonathan Turley, Center for National Security Studies, Kate Martin

Timeline Tags: Civil Liberties

Attorney General John Ashcroft again invokes the “state secrets” privilege (see March 9, 1953), forbidding former FBI translator Sibel Edmonds from testifying in a case brought by hundreds of families of September 11 victims (see October 18, 2002). [New York Times, 5/20/2004] Four weeks earlier, on April 26, the Justice Department had obtained a temporary court order preventing her from testifying before the court. [Independent, 4/2/2004; Government Executive, 4/30/2004] The families, represented by the law firm Motley-Rice, allege that a number of banks and two members of the Saudi royal family provided financial support to al-Qaeda. [New York Times, 5/20/2004] Ashcroft’s order retroactively classifies information it provided Senators Chuck Grassley and Patrick Leahy (see June 17, 2002) concerning former FBI translator Sibel Edmonds and her allegations. Among the documents to be “reclassified” are the follow-up letters sent by Grassley and Leahy to the FBI which they posted on their website. Their staff members are prohibited from discussing the information, even though it is now public knowledge. The order bars Edmonds from answering even simple questions like, “When and where were you born?” “What languages do you speak?” and “Where did you go to school?” [New York Times, 5/20/2004; Boston Globe, 7/5/2004; Asia Times, 8/6/2004; Vanity Fair, 9/2005] In response to the announcement, Grassley says: “I think it’s ludicrous, because I understand that almost all of this information is in the public domain and has been very widely available. This classification is very serious, because it seems like the FBI would be attempting to put a gag order on Congress.” [New Republic, 6/7/2004]

Entity Tags: US Department of Justice, Sibel Edmonds, Charles Grassley, Patrick J. Leahy

Timeline Tags: Complete 911 Timeline, Civil Liberties

Zacarias Moussaoui wants captured al-Qaeda leaders Khalid Shaikh Mohammed and Ramzi bin al-Shibh to testify in his trial. However, an appeals court in April 2004 had only allowed indirect access to those prisoners, and further appeals court decisions in September and October 2004 had reaffirmed that ruling. On this date, the US Supreme Court, without comment, refuses to hear a further appeal. This was expected because the Supreme Court typically doesn’t hear such appeals until after the case goes to trial. [Washington Post, 9/14/2004; Washington Post, 10/14/2004; Washington Post, 3/22/2005] Moussaoui’s guilty plea one month later (see April 22, 2005) may lead to a new round of appeals. Presiding judge Leonie Brinkema has indicated she believes witness access is “highly relevant to the sentencing phase,” which will begin next, and could constitute “mitigating evidence” that could make the difference between Moussaoui receiving the death penalty or not. [Washington Post, 4/23/2005]

Entity Tags: Zacarias Moussaoui, Khalid Shaikh Mohammed, US Supreme Court, Ramzi bin al-Shibh, Leonie Brinkema

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The DC federal appeals court rules in favor of the attorney general’s use of the state secrets privilege (see March 9, 1953, October 18, 2002 and May 19, 2004) to prevent the court from hearing Sibel Edmonds’ lawsuit (see June 2002). Lawyers for the Justice Department had addressed the judge behind sealed doors. [Vanity Fair, 9/2005]

Entity Tags: Sibel Edmonds, US Department of Justice

Timeline Tags: Complete 911 Timeline

Lawyers for Sibel Edmonds file a petition with the Supreme Court asking it “to provide guidance to the lower courts about the proper scope and application of the state secrets privilege (see March 9, 1953), and to prevent further misuse of the privilege to dismiss lawsuits at the pleading stage.” The petition also urges the court to affirm that the press and public may not be barred from court proceedings in civil cases without just cause. In May, the federal appeals court had closed the courtroom to the public and media. Edmonds’ lawyers include the American Civil Liberties Union and Mark Zaid of Krieger and Zaid, PLLC. If the Supreme Court rules in favor of Edmonds, she will return to the lower courts and start her case again. [Petition for a writ of certiorari. Sibel Edmonds v. Department of Justice, et all., 8/4/2005, pp. 2 pdf file; Government Executive, 8/8/2005]

Entity Tags: US Supreme Court, American Civil Liberties Union, Mark Zaid

Timeline Tags: Complete 911 Timeline

The Supreme Court declines, without comment, to hear the case (see August 4, 2005) brought by former FBI translator Sibel Edmonds. [New York Times, 11/28/2005; Reuters, 11/28/2005] The decision puts an end to Edmonds’ legal efforts to hold the bureau accountable for its failure to address several security issues raised by Edmonds in late 2001 and early 2002 (see December 2, 2001 and Afternoon February 12, 2002, respectively). On August 4, Edmonds had filed a petition with the Supreme Court asking it “to provide guidance to the lower courts about the proper scope and application of the state secrets privilege (see March 9, 1953), and to prevent further misuse of the privilege to dismiss lawsuits at the pleading stage.” The petition also urged the court to affirm that the press and public may not be barred from court proceedings in civil cases without just cause. (In May, the federal appeals court had closed the courtroom to the public and media.) Had the Supreme Court had ruled in favor of Edmonds, she would have been able to return to the lower courts and start her case again. [Petition for a writ of certiorari. Sibel Edmonds v. Department of Justice, et all., 8/4/2005, pp. 2 pdf file; Government Executive, 8/8/2005]

Entity Tags: US Supreme Court, Sibel Edmonds

Timeline Tags: Complete 911 Timeline

Electronic Frontier Foundation logo.Electronic Frontier Foundation logo. [Source: Flickr.com]The Electronic Frontier Foundation (EFF), a civil liberties and privacy-advocacy organization, files a lawsuit against telecommunications giant AT&T for allegedly violating the law and the privacy of its citizens by cooperating with the National Security Agency in the NSA’s construction of what the EFF calls a “massive, illegal program to wiretap and data-mine Americans’ communications.” EFF lawyer Kevin Bankston says: “Our goal is to go after the people who are making the government’s illegal surveillance possible. They could not do what they are doing without the help of companies like AT&T. We want to make it clear to AT&T that it is not in their legal or economic interests to violate the law whenever the president asks them to.”
Unprecedented Access to Communications System - EFF alleges that as part of the NSA’s domestic spying program, AT&T has allowed the NSA direct access to the phone and Internet communications passing over its network, and has given the government “unfettered access to its over 300 terabyte ‘Daytona’ database of caller information—one of the largest databases in the world.” One of AT&T’s databases, nicknamed “Hawkeye,” contains 312 terabytes of data detailing nearly every telephone communication on AT&T’s domestic network since 2001, the lawsuit alleges. The suit goes on to claim that AT&T allowed the NSA to use the company’s powerful Daytona database management software to quickly search this and other communication databases. AT&T, the suit claims, is in violation of the First and Fourth Amendments, federal wiretapping statutes, telecommunications laws, and the Electronic Communications Privacy Act. The suit requests fines up to $22,000 for each AT&T customer, and punitive fines—damages that could potentially reach into the billions of dollars. The EFF lawsuit is one of over 30 lawsuits filed for similar reasons (see June 26, 2006). The lawsuit will survive a number of initial legal challenges by the Justice Department and AT&T, including AT&T’s contention that “whatever we did, the government told us to do” and therefore it should be immune from such lawsuits, and the Justice Department’s invocation of “national security” and the possibility of the revelation of “state secrets” (see March 9, 1953). EFF retorts, “In this country we follow the law, we don’t just follow orders.” Bankston tells a reporter, “If state secrecy can prevent us from preserving the rights of millions upon millions of people, then there is a profound problem with the law.”
Suit Alleges Criminal Actions, Does Not Challenge Government's Right to Wiretap - The lawsuit does not challenge the government’s right to electronically monitor legitimate terrorism suspects, nor does it challenge the judicial right to issue warrants for such surveillance. Rather, EFF writes: “Wiretaps on terrorists are allowed under the law, and this lawsuit is not challenging the wiretap laws. We have sued AT&T for breaking those laws—the telecommunications giant gave the government access to its communications switches and its huge databases of information on millions of ordinary Americans. These are AT&T customers who have not even been accused of affiliations with terrorists. Americans can be both safe and free: if the government truly believes it has cause to wiretap a suspect, it can order AT&T to provide information under FISA [the Foreign Intelligence Surveillance Act]—for up to 72 hours before going to the court. But AT&T has no business providing direct access to the communications of millions of ordinary Americans, without the checks and balances of Congress or the courts.” [Electronic Frontier Foundation, 1/31/2006; Wired News, 1/31/2006]

Entity Tags: Electronic Frontier Foundation, Foreign Intelligence Surveillance Act, National Security Agency, AT&T, US Department of Justice, Kevin Bankston

Timeline Tags: Civil Liberties

The Justice Department announces that it is invoking the “state secrets” clause to prevent a lawsuit by the Electronic Frontier Foundation (EFF) against AT&T from going forward (see March 9, 1953 and January 31, 2006). The EFF is suing AT&T for compromising its customers’ privacy by colluding with the National Security Agency (NSA) in that agency’s domestic surveillance program. The government alleges that the lawsuit would reveal “state secrets” critical to “national security” if it continues. The Justice Department makes its initial filing in mid-May (see May 13, 2006). [US District Court, Northern District of California, 4/28/2006 pdf file; Klein, 2009, pp. 71]

Entity Tags: Electronic Frontier Foundation, AT&T, National Security Agency, US Department of Justice

Timeline Tags: Civil Liberties

The lawsuit brought forth by Khalid el-Masri and the ACLU (see December 6, 2005) is dismissed by US District Judge T.S. Ellis III in Alexandria, who rules that the state secrets privilege (see March 9, 1953) was properly invoked by the US Justice Department. The judge argues that Masri’s “private interests must give way to the national interest in preserving state secrets.” [Washington Post, 5/19/2006]

Entity Tags: American Civil Liberties Union, Central Intelligence Agency, T.S. Ellis III, Khalid el-Masri

Timeline Tags: Torture of US Captives, Civil Liberties

The Bush administration submits a legal brief arguing that the Electronic Frontier Foundation’s lawsuit against AT&T, alleging that firm cooperated with the NSA’s domestic surveillance program (see January 31, 2006), should be thrown out of court because of the government’s “state secrets” privilege (see March 9, 1953). Justice Department lawyers want Judge Vaughn Walker to examine classified documents that they say will convince him to dismiss the lawsuit. However, the government does not want the defense lawyers to see that material. “No aspect of this case can be litigated without disclosing state secrets,” the government argues. “The United States has not lightly invoked the state secrets privilege, and the weighty reasons for asserting the privilege are apparent from the classified material submitted in support of its assertion.” [CNET News, 5/26/2006]

Entity Tags: US Department of Justice, Electronic Frontier Foundation, AT&T, Vaughn Walker, Bush administration (43)

Timeline Tags: Civil Liberties

Federal district court judge Anna Diggs Taylor rules that the NSA’s warrantless wiretapping program (see Early 2002) is unconstitutional and orders it ended. She amends her ruling to allow the program to continue while the Justice Department appeals her decision. The decision is a result of a lawsuit filed by the American Civil Liberties Union (ACLU) and other civil liberties groups. Taylor rules that the NSA program violates US citizens’ rights to privacy and free speech, the Constitutional separation of powers among the three branches of government, and the Foreign Intelligence Surveillance Act (see 1978). Taylor writes: “It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights. There are no hereditary Kings in America and no powers not created by the Constitution. So all ‘inherent powers’ must derive from that Constitution.” [Verdict in ACLU et al v. NSA et al, 8/17/2006 pdf file; Washington Post, 8/18/2006] The program “violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III,” Taylor writes, and adds, “[T]he president of the United States… has undisputedly violated the Fourth in failing to procure judicial orders.” [CNN, 8/17/2006]
Judge Lets One Portion Stand - Taylor rejects one part of the lawsuit that seeks information about the NSA’s data mining program (see October 2001), accepting the government’s argument that to allow that portion of the case to proceed would reveal state secrets (see March 9, 1953). Other lawsuits challenging the program are still pending. Some legal scholars regard Taylor’s decision as poorly reasoned: national security law specialist Bobby Chesney says: “Regardless of what your position is on the merits of the issue, there’s no question that it’s a poorly reasoned decision. The opinion kind of reads like an outline of possible grounds to strike down the program, without analysis to fill it in.” The White House and its Republican supporters quickly attack Taylor, who was appointed to the bench by then-President Jimmy Carter, as a “liberal judge” who is trying to advance the agenda of Congressional Democrats and “weaken national security.” For instance, Senator Mike DeWine (R-OH) says that halting the program “would hamper our ability to foil terrorist plots.” [Washington Post, 8/18/2006]
Democrats, Civil Libertarians Celebrate Ruling - But Democrats defend the ruling. For instance, Senator John Kerry (D-MA) says the ruling provides a much-needed check on the unfettered power of the Bush White House. “[N]o one is above the law,” says Kerry. [Washington Post, 8/18/2006] Lawyers for some of the other cases against the NSA and the Bush administration laud the decision as giving them vital legal backing for their own court proceedings. “We now have a ruling on the books that upholds what we’ve been saying all along: that this wiretapping program violates the Constitution,” says Kevin Bankston, who represents the Electronic Frontier Foundation (EFF) in its class-action case against AT&T for its role in the NSA’s surveillance program (see January 31, 2006). [Washington Post, 8/18/2006] Legal expert and liberal commentator Glenn Greenwald writes that Taylor’s ruling “does not, of course, prohibit eavesdropping on terrorists; it merely prohibits illegal eavesdropping in violation of FISA. Thus, even under the court’s order, the Bush administration is free to continue to do all the eavesdropping on terrorists it wants to do. It just has to cease doing so using its own secretive parameters, and instead do so with the oversight of the FISA court—just as all administrations have done since 1978, just as the law requires, and just as it did very recently when using surveillance with regard to the [British] terror plot. Eavesdropping on terrorists can continue in full force. But it must comply with the law.” Greenwald writes: “[T]he political significance of this decision cannot be denied. The first federal court ever to rule on the administration’s NSA program has ruled that it violates the constitutional rights of Americans in several respects, and that it violates criminal law. And in so holding, the court eloquently and powerfully rejected the Bush administration’s claims of unchecked executive power in the area of national security.” [Salon, 8/17/2006]
White House Refuses to Comply - The Bush administration refuses to comply with Taylor’s ruling, asserting that the program is indeed legal and a “vital tool” in the “war on terrorism.” It will quickly file an appeal, and law professors on both sides of the issue predict that Taylor’s ruling will be overturned. [Savage, 2007, pp. 206]
Lawsuit Ends with White House 'Compromise' - The lawsuit will end when the White House announces a “compromise” between the wiretapping program and FISC (see January 17, 2007).

Entity Tags: John Kerry, Kevin Bankston, Mike DeWine, US Department of Justice, Peter Hoekstra, Glenn Greenwald, National Security Agency, George W. Bush, James Earl “Jimmy” Carter, Jr., Foreign Intelligence Surveillance Act, Alberto R. Gonzales, American Civil Liberties Union, AT&T, Anna Diggs Taylor, Bush administration (43), Bobby Chesney, Foreign Intelligence Surveillance Court, Electronic Frontier Foundation

Timeline Tags: Civil Liberties

Richard Barlow, around 2007.Richard Barlow, around 2007. [Source: AP / Tim Kupsick]Following the Democratic victory in the midterm elections, Richard Barlow, an intelligence analyst who was repeatedly fired for correctly saying Pakistan had a nuclear weapons program (see 1981-1982, August 1987-1988, and August 4, 1989), again applies for compensation. He was previously awarded compensation, but did not receive it (see 1999-2001). Although Barlow hopes to get his $80,000 pension back as well, he comments: “But this final hearing cannot indict any of those who hounded me, or misshaped the intelligence product. And it is too late to contain the flow of doomsday technology that Pakistan unleashed on the world.” [Guardian, 10/13/2007] The outcome of his application is not known as of February 2008.

Entity Tags: Richard Barlow

Timeline Tags: A. Q. Khan's Nuclear Network

Most of the lawsuits filed against the US government and against a number of private telecommunications firms alleging illegal wiretapping of US citizens and foreign organizations (see January 31, 2006) are hampered by what legal experts call a “Catch 22” process: lawyers for the Justice Department and for the firms that are alleged to have cooperated with the government in wiretapping citizens and organizations argue that the lawsuits have no merits because the plaintiffs cannot prove that they were direct victims of government surveillance. At the same time, the lawyers argue that the government cannot reveal if any individuals were or were not monitored because the “state secrets privilege” (see March 9, 1953) allows it to withhold information if it might damage national security. Lawyer Shayana Kadidal, who is representing the Center for Constitutional Rights in another lawsuit on behalf of Guantanamo Bay detainees, says, “The government’s line is that if you don’t have evidence of actual surveillance, you lose on standing.”
One Lawsuit Has Evidence of Surveillance - But the lawsuit filed by Saudi charitable organization the Al Haramain Islamic Foundation (see February 28, 2006) is different, because the plaintiffs have an actual classified US document that they say proves their allegations. Kadidal says that because of that document, “[T]his is the only one with evidence of actual surveillance” and therefore has a much stronger chance of going forward. The Justice Department will not confirm, or deny, if anyone from Al Haramain was monitored either under the Terrorist Surveillance Program or any other government operation, but plaintiff lawyer Jon Eisenberg tells a judge in July 2007: “We know how many times [my client has] been surveilled. There is nothing left for this court to do except hear oral arguments on the legality of the program.”
Extraordinary Measures to Keep Document 'Secure' - Though the Justice Department has repeatedly argued that the Treasury Department document at the heart of the case is harmless and unrelated to NSA surveillance, it is taking extraordinary measures to keep it secure—it is held under strict government seal and remains classified as top secret. Even the plaintiff’s lawyers are no longer allowed to see the document, and have been forced to file briefs with the court based on their memories of the document. [Wired News, 3/5/2007]
Expert: Government Cannot Stop Case - The government probably does not have enough to derail the Al Haramain case, according to law professor Curtis Bradley. In August 2007, Bradley observes, “The biggest obstacle this litigation has faced is the problem showing someone was actually subjected to surveillance,” but the lawsuit “has a very good chance to proceed farther than the other cases because it’s impossible for the government to erase [the lawyers’] memories of the document.” [Associated Press, 8/5/2007]

Entity Tags: US Department of Justice, Terrorist Surveillance Program, Shayana Kadidal, Jon Eisenberg, Curtis Bradley, Al Haramain Islamic Foundation (Oregon branch), National Security Agency, Center for Constitutional Rights

Timeline Tags: Civil Liberties

A federal appellate court bars an Islamic charity accused of assisting terrorists from using a US government document to prove that it had been illegally spied upon (see February 28, 2006). The charity, the now-defunct Al Haramain Islamic Foundation (see Late May, 2004), has been accused by the government and the UN Security Council of being affiliated with al-Qaeda; the charity’s officials deny the charges. In its finding, the three-judge panel rules in favor of the government’s argument that protecting “state secrets” (see March 9, 1953) is of overriding importance in the case. Other courts have ruled that the Bush administration can refuse to disclose information if “there is a reasonable danger” it would affect national security. Al Haramain’s lawyers argued that the document is necessary to prove that it was illegally monitored. According to the ruling, the judges accept “the need to defer to the executive on matters of foreign and national security and surely cannot legitimately find ourselves second-guessing the executive in this arena.”
Reaction Divided - Opinion is divided on the ruling. Constitutional law professor Erwin Chemerinsky of Duke University says the court’s deference to the “executive branch in situations like this [is] very troubling.” Another constitutional law professor, Douglas Kmiec of Pepperdine, says “the opinion is consistent with” an earlier ruling that struck down a challenge to the government’s surveillance program filed by the American Civil Liberties Union; Kmiec says the rulings indicate that “federal courts recognize that the essential aspects of the Terrorist Surveillance Program both remain secret and are important to preserve as such.”
Mixed Results - The appellate court does not give the government everything it asked for. It rejects the Justice Department’s argument that “the very subject matter of the litigation is a state secret.” That finding may prove important in the other surveillance cases where the government is arguing that even to consider legal challenges to warrantless wiretapping endangers national security. The appeals court sends the case back to a lower court to consider whether or not the Foreign Intelligence Surveillance Act, which requires approval by a special court for domestic surveillance, preempts the state secrets privilege. The court also severs the Al Haramain case from other, similar lawsuits challenging the government’s secret surveillance program. [Los Angeles Times, 11/17/2007]

Entity Tags: United Nations Security Council, US Department of Justice, Erwin Chemerinsky, Foreign Intelligence Surveillance Act, Al-Qaeda, Al Haramain Islamic Foundation (Oregon branch), Douglas Kmiec, Bush administration (43), Terrorist Surveillance Program

Timeline Tags: Civil Liberties

As one of its last official acts, the Bush administration asks federal judge Vaughn Walker to stay his ruling that keeps alive a lawsuit testing whether a sitting president can bypass Congress and eavesdrop on Americans without warrants. The request, filed at 10:56 p.m. on President Bush’s last full day in office, asks Walker to stay his ruling and allow the federal government to appeal his ruling that allows the al-Haramain lawsuit to proceed (see February 28, 2006). The warrantless wiretapping alleged in the lawsuit took place in 2004, well before Congress’s 2008 authorization of the government’s spy program. The Obama administration’s incoming Attorney General, Eric Holder, says the Justice Department will defend the spy program because Congress made it legal (see January 15, 2009). It is not clear whether the Justice Department under Holder will continue to fight the Al Haramain lawsuit. The Bush administration wants Walker to reverse his decision to let plaintiffs’ lawyers Wendell Belew and Asim Ghafoo use a Top Secret document that was accidentally disclosed to them in 2004 (see January 5, 2009); that document, which allegedly proves the warrantless and illegal nature of the wiretapping performed against the Al Haramain charity, is at the center of the lawsuit. Previous rulings disallowed the use of the document and forced the defense lawyers to return it to the government, but Walker ruled that other evidence supported the claim of warrantless wiretapping, and therefore the document could be used. In its request for a stay, the Bush administration asserts that allowing the document to be used in the lawsuit would jeopardize national security, and that the document is protected under the state secrets privilege (see March 9, 1953). Administration lawyers say that Walker should not be allowed to see the document, much less the defense lawyers. “If the court were to find… that none of the plaintiffs are aggrieved parties, the case obviously could not proceed, but such a holding would reveal to plaintiffs and the public at large information that is protected by the state secrets privilege—namely, that certain individuals were not subject to alleged surveillance,” the administration writes in its request. If the lawsuit continues, the government says, that decision “would confirm that a plaintiff was subject to surveillance” and therefore should not be allowed: “Indeed, if the actual facts were that just one of the plaintiffs had been subject to alleged surveillance, any such differentiation likewise could not be disclosed because it would inherently reveal intelligence information as to who was and was not a subject of interest, which communications were and were not of intelligence interest, and which modes of communication were and were not of intelligence interest, and which modes of communication may or may not have been subject to surveillance.” Jon Eisenberg, the lawyer for Belew and Ghafoo, says: “We filed this lawsuit to establish a judicial precedent that the president cannot disregard Congress in the name of national security. Plaintiffs have a right to litigate the legality of the surveillance.” [Wired News, 1/20/2009]

Entity Tags: Jon Eisenberg, Asim Ghafoo, Al Haramain Islamic Foundation, Bush administration (43), Obama administration, Eric Holder, Wendell Belew, Vaughn Walker, US Department of Justice, George W. Bush

Timeline Tags: Civil Liberties

Attorney General-nominee Eric Holder says that if he is confirmed, he intends to review current litigation in which the Bush administration asserted the so-called “state secrets” privilege (see March 9, 1953), and that he intends to minimize the use of the privilege during his tenure. “I will review significant pending cases in which DOJ [the Justice Department] has invoked the state secrets privilege, and will work with leaders in other agencies and professionals at the Department of Justice to ensure that the United States invokes the state secrets privilege only in legally appropriate situations,” he writes in a response to pre-confirmation questions. (Shortly after Holder’s testimony, the Justice Department again asserts the “state secrets” privilege in a case involving a Guantanamo detainee—see February 9, 2009). Holder adds: “I firmly believe that transparency is a key to good government. Openness allows the public to have faith that its government obeys the law.” To a related question, he asserts his belief that the Office of Legal Counsel (OLC) must disclose as many of the opinions it generates as possible: “Once the new assistant attorney general in charge of the Office of Legal Counsel is confirmed, I plan to instruct that official to review the OLC’s policies relating to publication of its opinions with the [objective] of making its opinions available to the maximum extent consistent with sound practice and competing concerns.” [Federation of American Scientists, 2/2/2009; Senate Judiciary Committee, 2/2/2009] Weeks later, the Justice Department will release nine controversial OLC memos from the Bush administration (see March 2, 2009).

Entity Tags: Eric Holder, Bush administration (43), Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

Binyam Mohamed.Binyam Mohamed. [Source: Independent]A lawyer for a Guantanamo detainee demands the release of her client because he is near death. Lieutenant Colonel Yvonne Bradley is in London to ask that her client, British resident Binyam Mohamed (see May-September, 2001), who is still in Guantanamo even though all charges against him have been dropped (see October-December 2008), be released. Through Bradley, Mohamed claims that he has been repeatedly tortured at the behest of US intelligence officials (see April 10-May, 2002, May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). Bradley says that Mohamed is dying in his cell. Mohamed and some twenty other detainees are so unhealthy that they are on what Bradley calls a “critical list.”
Hunger Strike, Beatings - Fifty Guantanamo detainees, including Mohamed, are on a hunger strike, and are being strapped to chairs and force-fed; those who resist, witnesses say, are beaten. Mohamed has suffered drastic weight loss, and has told his lawyer that he is “very scared” of being attacked by guards after witnessing what The Guardian describes as “a savage beating for a detainee who refused to be strapped down and have a feeding tube forced into his mouth.” Bradley is horrified at Mohamed’s description of the state of affairs in the prison. She says: “At least 50 people are on hunger strike, with 20 on the critical list, according to Binyam. The JTF [the Joint Task Force running Guantanamo] are not commenting because they do not want the public to know what is going on. Binyam has witnessed people being forcibly extracted from their cell. SWAT teams in police gear come in and take the person out; if they resist, they are force-fed and then beaten. Binyam has seen this and has not witnessed this before. Guantanamo Bay is in the grip of a mass hunger strike and the numbers are growing; things are worsening. It is so bad that there are not enough chairs to strap them down and force-feed them for a two- or three-hour period to digest food through a feeding tube. Because there are not enough chairs the guards are having to force-feed them in shifts. After Binyam saw a nearby inmate being beaten it scared him and he decided he was not going to resist. He thought, ‘I don’t want to be beat, injured or killed.’ Given his health situation, one good blow could be fatal.… Binyam is continuing to lose weight and he is going to get worse. He has been told he is about to be released, but psychologically and physically he is declining.”
Demanding Documents to Prove Torture, Rendition - Bradley is also demanding documents that she says will prove her client was tortured, and may also prove British complicity in Mohamed’s treatment (see February 24, 2009). An American court in San Francisco is also slated to hear evidence that Mohamed was subjected to “extraordinary rendition” by the CIA, where Mohamed and other prisoners were sent to other countries that tortured them. That lawsuit was originally dismissed when the Bush administration asserted “state secrets privilege” (see March 9, 1953), but lawyers for Mohamed refiled the case hoping that the Obama administration would be less secretive.
US Intelligence Wants Mohamed Dead? - The Guardian also notes that “some sections of the US intelligence community would prefer Binyam did die inside Guantanamo.” The reason? “Silenced forever, only the sparse language of his diary would be left to recount his torture claims and interviewees with an MI5 officer, known only as Witness B. Such a scenario would also deny Mohamed the chance to personally sue the US, and possibly British authorities, over his treatment.” [Guardian, 2/8/2009]

Entity Tags: Yvonne Bradley, Binyam Mohamed, Bush administration (43), Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

A Justice Department official says that the Obama administration will continue to assert the so-called “state secrets privilege” (see March 9, 1953) in a lawsuit filed by Guantanamo detainee Binyam Mohamed (see February 8, 2009). In the case Mohamed et al v Jeppesen Dataplan, Inc, Mohamed and four former detainees are suing a Boeing subsidiary, Jeppesen Dataplan, for cooperating with the CIA in subjecting them to “extraordinary rendition,” flying them to foreign countries and secret overseas CIA prisons where, they say, they were tortured. The case was thrown out a year ago, but the American Civil Liberties Union (ACLU) has appealed it. According to a source inside the Ninth US District Court, a Justice Department lawyer tells the presiding judge that its position has not changed, that the new administration stands behind arguments that the previous administration made, with no ambiguity at all. The lawyer says the entire subject matter remains a state secret. According to Justice Department spokesman Matt Miller, “It is the policy of this administration to invoke the state secrets privilege only when necessary and in the most appropriate cases, consistent with the United States Supreme Court’s decision in Reynolds that the privilege not ‘be lightly invoked.’” Miller adds that Attorney General Eric Holder is conducting a review of all state secret privilege matters. “The Attorney General has directed that senior Justice Department officials review all assertions of the State Secrets privilege to ensure that the privilege is being invoked only in legally appropriate situations,” Miller says. “It is vital that we protect information that, if released, could jeopardize national security. The Justice Department will ensure the privilege is not invoked to hide from the American people information about their government’s actions that they have a right to know. This administration will be transparent and open, consistent with our national security obligations.” The ACLU’s Anthony Romero says that the Obama administration is doing little besides offering “more of the same.” He continues: “Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition, and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same. Candidate Obama ran on a platform that would reform the abuse of state secrets, but President Obama’s Justice Department has disappointingly reneged on that important civil liberties issue. If this is a harbinger of things to come, it will be a long and arduous road to give us back an America we can be proud of again.” ACLU attorney Ben Wizner, who argued the case for Mohamed and the other plaintiffs, adds: “We are shocked and deeply disappointed that the Justice Department has chosen to continue the Bush administration’s practice of dodging judicial scrutiny of extraordinary rendition and torture. This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course. Now we must hope that the court will assert its independence by rejecting the government’s false claims of state secrets and allowing the victims of torture and rendition their day in court.” [ABC News, 2/9/2009]

Entity Tags: Binyam Mohamed, Anthony D. Romero, American Civil Liberties Union, Ben Wizner, US Department of Justice, Obama administration, Eric Holder, Central Intelligence Agency, Matthew Miller, Jeppesen Dataplan

Timeline Tags: Civil Liberties

A federal appeals court rejects the Obama administration’s assertion that a potential threat to national security should stop a lawsuit challenging the government’s warrantless wiretapping program. The Justice Department had requested an emergency stay in a case brought by a defunct Islamic charity, the Al Haramain Islamic Foundation (see February 28, 2006). Al Haramain has asked that classified information be made available to the court to prove its case that the electronic surveillance brought to bear against it by the government was illegal; Justice Department lawyers contend that the information needs to remain classified and unavailable to the court, and cite the “state secrets” privilege (see March 9, 1953) as legal justification. Although the court rejects the request for the stay, Justice Department lawyers say they will continue fighting to keep the information secret. “The government respectfully requests that the court refrain from further actions to provide plaintiffs with access to classified information,” says a filing made by the Justice Department in regards to the ruling. A lawyer for Al Haramain, Steven Goldberg, says: “All we wanted was our day in court and it looks like we’re finally going to get our day in court. This case is all about challenging an assertion of power by the executive branch which is extraordinary.” The American Civil Liberties Union’s Ann Brick says the court has now crafted a way to review the issue in which “national security isn’t put at risk, but the rule of law can still be observed.” [Associated Press, 2/27/2009] Days later, the Justice Department will file a brief announcing its intention to refuse to honor the appeals court’s decision (see March 2, 2009).

Entity Tags: Obama administration, Ann Brick, Steven Goldberg, US Department of Justice, Al Haramain Islamic Foundation

Timeline Tags: Civil Liberties

A US District Court judge awards damages in a lawsuit, finding the NSA illegally monitored the calls of the plaintiffs. The Al Haramain Islamic Foundation and two of its lawyers, Wendell Belew and Asim Ghafoor, sued the US government in 2006 based on evidence that their calls had been monitored; the US Treasury Department inadvertently provided them with an NSA log in August 2004 showing their calls had been monitored in May of that year (see February 28, 2006). In defending against the suit, the Justice Department argued, first under President Bush and then under President Obama, that the case should be dismissed based on the government’s invocation of the state secrets privilege (see March 9, 1953) concerning the NSA log, and that the plaintiffs could not otherwise demonstrate that surveillance had occurred, meaning the plaintiffs had no standing to bring suit. Judge Vaughn Walker rejected these arguments, noting that the plaintiffs had introduced into evidence a speech posted on FBI’s Web site by FBI Deputy Director John Pistole to the American Bankers Association (ABA), in which he said that surveillance had been used to develop a case by the Office of Foreign Assets Control (OFAC) against Al-Haramain, and Congressional testimony by Bush administration officials that disclosed the manner in which electronic surveillance was conducted. In the summary of his decision, Vaughn wrote, “[The Foreign Intelligence Surveillance Act] FISA takes precedence over the state secrets privilege in this case,” and “defendants have failed to meet their burden to [provide] evidence that a FISA warrant was obtained, that plaintiffs were not surveilled or that the surveillance was otherwise lawful.” [Al-Haramain v. Obama, 3/31/2010; Washington Post, 4/1/2010, pp. A04]

Entity Tags: George W. Bush, Asim Ghafoor, Anthony J. Coppolino, Alberto R. Gonzales, Al Haramain Islamic Foundation (Oregon branch), “Justice Department”, Barack Obama, Federal Bureau of Investigation, Robert S. Mueller III, Suliman al-Buthe, Keith Alexander, Eric Holder, US Department of the Treasury, Wendell Belew, Vaughn Walker, National Security Agency

Timeline Tags: Civil Liberties

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike