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Context of 'July 12, 2001: Acting FBI Director Prevented by CIA from Telling Attorney General Ashcroft about Al-Qaeda Malaysia Summit'

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Ten days before the 9/11 Commission releases its final report, a senior member of its staff, Dietrich Snell, accompanied by another commission staff member, meets at one of the commission’s Washington, DC offices with a US Navy officer who worked with a US Army intelligence program called Able Danger, which had been tasked with assembling information about al-Qaeda networks around the world. This officer, Captain Scott Phillpott, tells them he saw an Able Danger document in 2000 that described Mohamed Atta as part of a Brooklyn al-Qaeda cell. He complains that this information about Atta, and information about other alleged members of the Brooklyn cell, was deleted from the document soon after he saw it, due to the concerns of Department of Defense lawyers. However, despite having this meeting with Phillpott, and having met previously with an Army intelligence officer who was also involved with Able Danger (see October 21, 2003), the 9/11 Commission makes no mention of the unit in their final report. The commissioners later claim that Phillpott’s information “[does] not mesh with other conclusions” they are drawing from their investigation. Consequently, the commission staff conclude “that the officer’s account [is] not sufficiently reliable to warrant revision of the report or further investigation.” Able Danger is not mentioned in their final report, they claim, because “the operation itself did not turn out to be historically significant.” [Associated Press, 8/11/2005; New York Times, 8/11/2005; Thomas H. Kean and Lee H. Hamilton, 8/12/2005 pdf file; New York Times, 8/13/2005; Washington Post, 8/13/2005; New York Times, 8/22/2005] Lt. Col. Anthony Shaffer additionally claims, “Captain Phillpott actually told the 9/11 Commission about the fact that Able Danger discovered information regarding the Cole attack.… There was information that Able Danger found that related to al-Qaeda planning an attack. That information unfortunately didn’t get anywhere either. So that is another clue that was given to the 9/11 Commission to say, hey, this [Able Danger] capability did some stuff, and they chose not to even look at that.” [Jerry Doyle Show, 9/20/2005]

Entity Tags: Able Danger, Mohamed Atta, US Department of Defense, Al-Qaeda, Anthony Shaffer, Scott Phillpott, 9/11 Commission, Dietrich Snell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission interviews two CIA analysts who drafted an August 2001 Presidential Daily Briefing (PDB) item entitled “Bin Laden Determined to Strike in US” (see August 6, 2001). The interview is conducted mainly by commissioners Richard Ben-Veniste and Jim Thompson and follows an internal battle inside the Commission (see June 2004 and Early July 2004). Despite a claim by the Commission’s Executive Director Philip Zelikow that the analysts, known only as Barbara S and Dwayne D, were reluctant to answer questions, they are willing and eager to respond to Ben-Veniste.
PDB Item Not 'Historical' - According to author Philip Shenon, the analysts are “confused” and “appalled” by claims by National Security Adviser Condoleezza Rice and others at the White House that the PDB item only contained an “historical” overview of domestic terrorism threats. The analysts say that this was not its purpose and that it was supposed to remind President Bush that al-Qaeda remained a dire threat in August 2001 and that a domestic attack was certainly a possibility. For example, the item referred to “patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks.” Barbara S says, “That’s not historical,” and adds the threat of a domestic terror attack by al-Qaeda was thought “current and serious” at that time.
Ordered up 'In-House' - In addition, the analysts say that another claim made by the White House, that President Bush specifically ordered the PDB (see April 13, 2004), is false. They state that the PDB item was ordered “in-house” by the CIA in the hope that the White House would pay more attention to the threat. However, President Bush had asked his intelligence briefers about the possibility of a domestic attack by terrorists that summer (see July 5, 2001).
Zelikow Objects to Placement of Material in Final Report - Ben-Veniste insists that the material from the two analysts is placed prominently in the Commission’s final report, although Zelikow objects to this. After negotiations, the relevant paragraph will read as follows: “During the spring and summer of 2001, President Bush had on several occasions asked his briefers whether any of the threats pointed to the United States. Reflecting on these questions, the CIA decided to write a briefing article summarizing its understanding of this danger. Two CIA analysts involved in preparing this briefing article believed it represented an opportunity to communicate their view that the threat of a bin Laden attack in the United States remained both current and serious. The result was an article in the August 6 Presidential Daily Brief titled ‘Bin Laden Determined to Strike in US.’” [Shenon, 2008, pp. 377-379]

Entity Tags: Central Intelligence Agency, ’Barbara S’, 9/11 Commission, James Thompson, Richard Ben-Veniste, Philip Shenon, ’Dwayne D’

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Deputy Staff Judge Advocate for US Central Command (CENTCOM) says that Defense Secretary Donald Rumsfeld’s authorization of torture methods against detainees in US custody (see December 2, 2002) rendered such methods legal for use in Afghanistan. According to the lawyer: “[T]he methodologies approved for [Guantanamo]… would appear to me to be legal interrogation processes. [The secretary of defense] had approved them. The general counsel [Pentagon counsel William J. Haynes] had approved them.… I believe it is fair to say the procedures approved for Guantanamo were legal for Afghanistan.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld, William J. Haynes, US Central Command

Timeline Tags: Torture of US Captives

White House chief of staff Andy Card learns what the 9/11 Commission Report contains before it is published, as the various chapters are sent to the White House for classification review before the publication date. Card then hears back from the review teams. Despite fears about allegations made by former counterterrorism “tsar” Richard Clarke (see March 21, 2004) and a key Presidential Daily Brief item (see August 6, 2001), in the words of author Philip Shenon, Card can see “that the Commission’s final report posed no threat to [President] Bush’s re-election.” This is because the report does not “single out individuals for blame. Certainly not George Bush.” The allegations by Clarke, related in a “he-said, she-said” manner in the report, also do not damage National Security Adviser Condoleezza Rice. [Shenon, 2008, pp. 411]

Entity Tags: 9/11 Commission, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Wall Street Journal publishes an op-ed declaring that since the Senate Intelligence Committee has “exposed” former ambassor Joseph Wilson’s “falsehoods” about his trip to Niger to explore the allegations that Iraq tried to purchase uranium from Niger (see July 9, 2004), it is time for Special Prosecutor Patrick Fitzgerald to “close up shop” and stop his investigation into who outed Wilson’s wife, CIA agent Valerie Plame Wilson. The Journal declares that if “an administration official cited nepotism truthfully in order to explain the oddity of Mr. Wilson’s selection for the Niger mission, then there was no underlying crime” in outing Plame Wilson. “[T]he entire leak probe now looks like a familiar Beltway case of criminalizing political differences. Special Prosecutor Patrick Fitzgerald should fold up his tent.” The Journal also repeats the baseless conclusion of the Republican authors of the committee report that stated Wilson’s findings in Niger actually provided “some confirmation” of the Iraq-Niger deal. [Wall Street Journal, 7/20/2004] In 2007, Plame Wilson will write that she is in her CIA office when she reads the op-ed. She recalls realizing that the entire thrust of the attempt to smear her husband is “to derail the leak investigation, which was sniffing dangerously close to the White House. Now I understood the ferocity of the attacks on Joe.” [Wilson, 2007, pp. 192]

Entity Tags: Senate Intelligence Committee, Bush administration (43), Central Intelligence Agency, Joseph C. Wilson, Patrick J. Fitzgerald, Valerie Plame Wilson, Wall Street Journal

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

UPI reports that the 9/11 Commission has been given a document from a high-level, publicly anonymous source claiming that the Pakistani “ISI was fully involved in devising and helping the entire [9/11 plot].” The document blames Gen. Hamid Gul, a former ISI Director, as being a central participant in the plot. It notes that Gul is a self-avowed “admirer” of bin Laden. An anonymous, ranking CIA official says the CIA considers Gul to be “the most dangerous man” in Pakistan. A senior Pakistani political leader says, “I have reason to believe Hamid Gul was Osama bin Laden’s master planner.” The document further suggests that Pakistan’s appearance of fighting al-Qaeda is merely an elaborate charade, and top military and intelligence officials in Pakistan still closely sympathize with bin Laden’s ideology. [United Press International, 7/22/2004] However, the 9/11 Commission final report released a short time later will fail to mention any of this. [9/11 Commission, 7/24/2004]

Entity Tags: Hamid Gul, Al-Qaeda, Pakistan Directorate for Inter-Services Intelligence, 9/11 Commission, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On July 13, 2004, a young Pakistani al-Qaeda operative named Muhammad Naeem Noor Khan was arrested in Pakistan (see July 13, 2004). US intelligence agents find what they later call a “treasure trove” of information in Noor Khan’s computers and documents. [CNN, 8/2/2004] They realize that Khan has served as a communications hub of sorts for al-Qaeda. He is in frequent contact with dozens of other al-Qaeda terrorists around the world and passing messages back and forth from more senior al-Qaeda operatives. Intelligence agents quickly realize that, through Khan, they can penetrate deep into the core of al-Qaeda’s current operations. Around the weekend of July 24-25, the Pakistanis convince Khan to “turn,” or become a double agent. Khan sends e-mails to dozens of activists in Indonesia, Malaysia, Pakistan, India, Bangladesh, and other countries. He requests that they contact him immediately and reveal where they are. As the emails come back, intelligence agents all over the world go into action to monitor those who have replied to Khan. [Guardian, 8/8/2004] Newsweek later reports that he sends e-mails to at least six contacts in the US, but the results of this are unknown. A senior US intelligence official confirms that Khan contacted people in the US, but believes number is less than six. [MSNBC, 8/8/2004] Some of Khan’s contacts are quickly arrested, including Ahmed Khalfan Ghailani, a Tanzanian wanted since 1998 for his role in the bombing of the US embassy in his home country (see July 25-29, 2004). [Suskind, 2006] Some communications take time to reach him. He is sometimes sent handwritten notes or computer discs from the mountains where bin Laden and other top leaders are hiding out. These are delivered by secretive relays of couriers who never see each other, using dead drops to avoid being traced. Other messages come from far-flung intermediaries who forward e-mail without knowing what it means, where it is going, or who is sending it. [MSNBC, 8/8/2004] However, on August 1, Bush administration officials leak Noor Khan’s name to the press and the New York Times prints his name one day later. This only gives one week for the sting operation to work. Intelligence officials are crushed the operation has to end before it could expose many more al-Qaeda operatives (see August 2, 2004).

Entity Tags: Central Intelligence Agency, Muhammad Naeem Noor Khan, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Ahmed Khalfan Ghailani.Ahmed Khalfan Ghailani. [Source: FBI]Ahmed Khalfan Ghailani, a high-level al-Qaeda operative from Tanzania suspected of participating in the 1998 bombings of US embassies in East Africa, is captured in Gujrat, Pakistan, after a violent standoff with Pakistani police. [CNN, 8/3/2004] Ghailani’s arrest is publicly announced on July 29, four days later. The announcement by Pakistan’s Interior Minister Faisal Hayat is made in an unusual late-night press conference that takes place just hours before John Kerry accepts the Democratic nomination for president. [Salon, 8/17/2004] Pakistani authorities say the announcement of Ghailani’s arrest was delayed four days because of the need to confirm his identity before making the proclamation. [BBC, 7/30/2004] But former Pakistani official Husain Haqqani later claims the announcement was timed to upstage the Kerry speech. [Salon, 8/17/2004; United States Conference on International Religious Freedom, 6/30/2005] An article in the New Republic published earlier in the month reported that the Bush administration was asking Pakistan to make high-profile arrests of al-Qaeda suspects during the Democratic National Convention in order to redirect US media attention from the nomination of John Kerry (see July 8, 2004). [New Republic, 7/29/2004] John Judis, who co-wrote the article predicting such an arrest, says the day after the arrest is announced, “Well, the latest development pretty much confirms what we wrote in the article, which is that there was pressure for Pakistan to produce a high-value target during the last 10 days of July and to announce that arrest.” He also asks why is it “they announced [the arrest] at all? Because when you have somebody who’s been in hiding since 1998, they have an enormous amount of information and contacts. By announcing this guy’s arrest, what you do is you warn off everybody who’s been associated with him from the last five or six years. You tell them that they better get their act together or they are going to be found. So, there’s some, really a lot of questions of why they announced this thing when they did.… It may be in this case that we—that we, and the Pakistanis got somebody and prematurely announced this person’s arrest in order to have an electoral impact.” [Democracy Now!, 7/30/2004]

Entity Tags: John Judis, Faisal Hayat, John Ashcroft, John Kerry, Husein Haqqani, George W. Bush, Al-Qaeda, Ahmed Khalfan Ghailani

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 2004 Elections

White House political strategist Karl Rove denies leaking CIA official Valerie Plame Wilson’s name to the press. Rove is lying (see July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003), though his words are carefully chosen to be technically accurate. At the Republican convention nominating George W. Bush as the party’s presidential candidate, Rove tells a CNN reporter: “I didn’t know her name and didn’t leak her name. This is at the Justice Department. I’m confident that the US Attorney, the prosecutor who’s involved in looking at this is going to do a very thorough job of doing a very substantial and conclusive investigation.” Rove is correct in saying he did not tell reporters Plame Wilson’s name, but he identified her as the wife of former ambassador Joseph Wilson, making it easy for reporters to find her name for themselves. [CNN, 7/5/2005; Raw Story, 7/7/2005]

Entity Tags: Bush administration (43), Valerie Plame Wilson, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

The Bush administration issues a terror alert in the wake of the Democratic presidential convention, which ended on July 29, 2004. New Code Orange alerts are put into effect for New York City, Newark, and Washington, DC. Homeland Security Director Tom Ridge says, “Now this afternoon, we do have new and unusually specific information about where al-Qaeda would like to attack.… Compared to previous threat reporting, these intelligence reports have provided a level of detail that is very specific. The quality of this intelligence, based on multiple reporting streams in multiple locations, is rarely seen and it is alarming in both the amount and specificity of the information.… As of now, this is what we know: reports indicate that al-Qaeda is targeting several specific buildings, including the International Monetary Fund and World Bank in the District of Columbia; Prudential Financial in Northern New Jersey; and Citigroup buildings and the New York Stock Exchange in New York.” [Department of Homeland Security, 8/1/2004; Washington Post, 8/3/2004] But Ridge fails to mention that the so-called “casing disks” are from 2000 and 2001, nor does he discuss the fact that the decision on whether to issue the alerts had been hotly debated by officials over the weekend. Within 24 hours, the age of the intelligence is leaked, causing a controversy about the merit and urgency of the orange alert. [Suskind, 2006, pp. 325-326] The next day it will be revealed that the warning was based on information from the computer of recently captured al-Qaeda operative Muhammad Naeem Noor Khan (see August 2, 2004). President Bush and his top advisors learned of the arrest and subsequent “turning” of Noor Khan just the day before. They decide to publicize an alert based on data captured with Noor Khan, even though doing so could jeopardize a sting operation launched just days earlier in which Noor Khan is contacting dozens of al-Qaeda operatives around the world (see July 24-25, 2004). [Guardian, 8/8/2004] But even though Khan was arrested just weeks before, one senior law enforcement official who was briefed on the alert says, “There is nothing right now that we’re hearing that is new. Why did we go to this level?… I still don’t know that.” Homeland Security officials admit that that there is no indication that any terrorist action was imminent. “What we’ve uncovered is a collection operation as opposed to the launching of an attack,” says one. However, administration officials insist that even three-year-old intelligence, when coupled with other information about al-Qaeda’s plans to attack the US, justifies the security response in the three cities. President Bush says of the alerts, “It’s serious business. I mean, we wouldn’t be, you know, contacting authorities at the local level unless something was real.” A senior counterterrorism official says, “Most of the information is very dated but you clearly have targets with enough specificity, and that pushed it over the edge. You’ve got the Republican convention coming up, the Olympics, the elections…. I think there was a feeling that we should err on the side of caution even if it’s not clear that anything is new.” [Washington Post, 8/3/2004] Former Democratic presidential candidate Howard Dean says he worries “every time something happens that’s not good for President Bush, he plays this trump card, which is terrorism. It’s just impossible to know how much of this is real and how much of this is politics, and I suspect there’s some of both.” But conservatives defend the alert and Democratic presidential candidate John Kerry swiftly moves to disassociate his campaign from Dean’s remarks. [New York Observer, 8/4/2007] Author William Rivers Pitt points out that Laura Bush and daughters Barbara and Jenna make high-profile visits to the Citigroup Center in New York City on the first day of Ridge’s new orange alert. Noting this was one of the target buildings, Pitt asks, “George W. Bush sent his entire family to the very place that was supposedly about to be blown to smithereens?” Pitt concludes, “Bush and his administration officials are using terrorism—the fear of it, the fight against it—to manipulate domestic American politics. They are, as they have every day for almost three years now, using September 11 against their own people.” [Truthout (.org), 8/4/2004]

Entity Tags: Tom Ridge, Taliban, William Rivers Pitt, George W. Bush, John Kerry, Joseph Lieberman, Al-Qaeda, Howard Dean, Muhammad Naeem Noor Khan

Timeline Tags: Complete 911 Timeline, 2004 Elections

Muhammad Naeem Noor Khan.Muhammad Naeem Noor Khan. [Source: BBC]The New York Times reveals the identity of al-Qaeda operative Muhammad Naeem Noor Khan. Bush administration officials allegedly revealed his name to the Times in an attempt to defend a controversial US terror alert issued the day before (see August 1, 2004). [Associated Press, 8/10/2004; Suskind, 2006, pp. 325-326] Officials from the Department of Homeland Security apparently gave out the name without revealing that Khan had already been turned and was helping to catch other al-Qaeda operatives. [Daily Times (Lahore), 8/8/2004] A few days later, National Security Adviser Condoleezza Rice confirms that US officials named Khan to the reporters “on background.” [Boston Globe, 8/10/2004] But some days after that, anonymous Pakistani government sources will claim that Khan’s name was initially leaked by Pakistani officials. [Salon, 8/17/2004] Middle East expert Juan Cole suggests both accounts have merit. In the hours after the August 1 terror alert that was based on information secured from Khan’s computer, reporters scramble to determine the source of the alert. One reporter learns of the Khan arrest from a CIA analyst, though the analyst refuses to give out any names. Cole believes that New York Times reporter David Rohde then acquires Khan’s name from his Pakistani sources and confirms it through US sources at the Department of Homeland Security. [Antiwar.com, 8/19/2004] Khan, an al-Qaeda computer expert, was arrested in Pakistan on July 13 and quickly began cooperating with investigators. He started sending e-mails to other operatives around the world and asked them to report back in. As they replied, investigators began tracing their locations. But Khan’s name is revealed before his computer contacts could be fully exploited. Many al-Qaeda members, including some suspected plotters planning strikes on US targets, escape arrest because of the outing. One Pakistani official says, “Let me say that this intelligence leak jeopardized our plan and some al-Qaeda suspects ran away.” [Associated Press, 8/10/2004; Suskind, 2006, pp. 325-326] Intelligence reports also indicate that the exposure of Khan makes al-Qaeda members more cautious in their electronic communications. Many cells abruptly move their hideouts, causing the US losing track of them. [Salon, 8/9/2004; Village Voice, 8/2/2005] Some are critical about the leak of Khan’s name:
bullet Tim Ripley, a security expert who writes for Jane’s Defense publications, says, “The whole thing smacks of either incompetence or worse. You have to ask: what are they doing compromising a deep mole within al-Qaeda, when it’s so difficult to get these guys in there in the first place? It goes against all the rules of counterespionage, counterterrorism, running agents, and so forth. It’s not exactly cloak and dagger undercover work if it’s on the front pages every time there’s a development, is it?”
bullet British Home Secretary David Blunkett is openly contemptuous of the White House’s management of the information. “In the United States there is often high-profile commentary followed, as in the current case, by detailed scrutiny, with the potential risk of ridicule. Is it really the job of a senior cabinet minister in charge of counter-terrorism to feed the media? To increase concern? Of course not. This is arrant nonsense.” [Salon, 8/9/2004]
bullet Other high-level British officials are “dismayed by the nakedly political use made of recent intelligence breakthroughs both in the US and in Pakistan.” They complain that they had to act precipitously in arresting low-level al-Qaeda figures connected to Khan instead of using those suspects to ferret out more senior al-Qaeda figures. These officials are “dismayed by the nakedly political use made of recent intelligence breakthroughs both in the US and in Pakistan.” [New York Observer, 8/11/2004]
bullet Senator Charles Schumer (D-NY) writes in a letter to Bush officials, “I respectfully request an explanation [about] who leaked this Mr. Khan’s name, for what reason it was leaked, and whether the British and Pakistani reports that this leak compromised future intelligence activity are accurate.” [Boston Globe, 8/10/2004]
bullet Senator George Allen (R-VA) says, “In this situation, in my view, they should have kept their mouth shut and just said, ‘We have information, trust us’.”
bullet [Inter Press Service, 8/10/2004]
bullet Middle East expert Juan Cole notes that the leak of Khan’s name forced the British to arrest 12 members of an al-Qaeda cell prematurely, allowing others to escape. “[T]his slip is a major screw-up that casts the gravest doubts on the competency of the administration to fight a war on terror. Either the motive was political calculation, or it was sheer stupidity. They don’t deserve to be in power either way.” [Daily Times (Lahore), 8/8/2004]
bullet Salon’s Dale Davis says, “[S]adly, the damage [the Bush administration’s] machinations have caused to the goal of defeating al-Qaeda will be measured in the loss of the young American servicemen and women who carry the burden of their failed policies.” [Salon, 8/13/2004]

Entity Tags: John Loftus, Juan Cole, New York Times, James Ridgeway, Pakistan Directorate for Inter-Services Intelligence, George W. Bush, Dale Davis, Douglas Jehl, George F. Allen, Tim Ripley, Al-Qaeda, David Rohde, David Blunkett, Muhammad Naeem Noor Khan

Timeline Tags: Complete 911 Timeline

Dhiren Barot.Dhiren Barot. [Source: London Metropolitan Police]Dhiren Barot, a Londoner of Indian descent who converted to Islam and fought in Afghanistan and Pakistan, is arrested along with about a dozen other al-Qaeda suspects by British authorities (see August 3, 2004). Barot, who uses a number of pseudonyms, including Abu Eissa al-Hindi, will be charged with several crimes surrounding his plans to launch attacks against British and US targets. Barot’s plans were discovered in a computer owned by al-Qaeda operative Muhammad Naeem Noor Khan, who was arrested in July 2004 and was helping US intelligence until his outing by US and Pakistani officials on August 2, 2004 (see August 2, 2004). Though Barot is not believed to be a high-level al-Qaeda operative, he has connections to some of al-Qaeda’s most notorious leaders, including bin Laden and 9/11 plotter Khalid Shaikh Mohammed (KSM), who, according to the 9/11 Commission, dispatched him to “case” targets in New York City in 2001. Under the alias Issa al-Britani, he is known to have been sent to Malaysia in late 1999 or very early 2000 by KSM to meet with Hambali, the head of the al-Qaeda affiliate Jemaah Islamiyah. According to the commission report, Barot may have given Hambali the names of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. Barot may have traveled to Malaysia with Khallad bin Attash. Bin Attash is believed to be one of the planners behind the October 2000 bombing of the USS Cole (see October 12, 2000). Barot’s trip to Malaysia came just days before the well-documented January 2000 al-Qaeda summit where early plans for the 9/11 bombings were hatched (see January 5-8, 2000), though US officials do not believe that Barot was present at that meeting. British authorities believe that Barot was part of an al-Qaeda plan to launch a mass terror attack using chemical and/or radioactive weapons. Barot and other suspects arrested were, according to Western officials, in contact with al-Qaeda operatives in Pakistan, who themselves were communicating with bin Laden and other top al-Qaeda leaders as recently as July 2004. [MSNBC, 8/20/2004] Barot’s plans seem to have focused more actively on British targets, including London’s subway system. In November 2006, Barot will be convicted of conspiracy to commit murder and other crimes, and eventually sentenced to thirty years in prison by a British court. [BBC, 11/7/2006; BBC, 5/16/2007]

Entity Tags: Khallad bin Attash, USS Cole, Nawaf Alhazmi, Hambali, Dhiren Barot, Al-Qaeda, Osama bin Laden, Khalid Almihdhar, Jemaah Islamiyah, Khalid Shaikh Mohammed, Muhammad Naeem Noor Khan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Kenneth Berry.Kenneth Berry. [Source: Public domain]On August 5, 2004, FBI agents target Dr. Kenneth Berry for a role in the 2001 anthrax attacks (see October 5-November 21, 2001). Agents raid his home and former apartment in Wellsville, New York, as well as his parents’ apartment in New Jersey. Agents cordon off streets and search the residences wearing biochemical protective suits. This becomes a highly publicized media spectacle. But Berry is not charged or arrested. The raids are the culmination of an 18-month investigation. For instance, in July, dozens of his associates were interviewed. Berry apparently panics and gets in a fight with his wife and stepchildren. A restraining order prevents him from returning home and he is eventually divorced. He also loses his job. By October 2004, government officials say their investigation has uncovered nothing that would implicate him in the anthrax attacks, but he is not officially cleared of suspicion.
Unusual Background as WMD Expert - Berry is a licensed physician working in a hospital. But in 1997, he formed an organization named Preempt, which promoted training for first responders to protect against a WMD attack. By 1999, Berry had risen in prominence and was meeting with prominent experts and politicians about WMD threats, including some US senators and former CIA Director James Woolsey. He was also working on inventions for systems to detect the release of germ weapons, but none of his inventions are successfully developed. In late 2000, he attended a two-day course on using anthrax and other germs as weapons, taught by bioweapons expert William Patrick. His organization Preempt slowly fizzled in importance, but he continued to consider himself a freelance WMD expert. [New York Times, 10/3/2004]
Investigators Lose Interest, but Name is Never Cleared - The Associated Press will comment in 2008, “investigators seemed to lose interest in Berry quickly,” but he lost his job and his wife in the process. He has never spoken about the experience, but a friend will say, “Since things quieted down, he’s put his life back together again and he’s in a stable environment right now.… As far as I know, he just wants his name cleared as publicly as it was smeared.” [Associated Press, 8/7/2008]

Entity Tags: Kenneth Berry, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

Former president Bill Clinton questions the priorities of the Bush administration’s “war on terror,” asking why the administration is issuing groundless terror alerts “[b]ased on four-year-old information” (see August 1, 2004). He asks rhetorically, “Now, who is the threat from? Iraq? Saddam Hussein? No. From bin Laden. And al-Qaeda. How do we know about the threat? Because the Pakistanis found this computer whiz [Muhammad Naeem Noor Khan and got his computer and gave it to us so it could be analyzed (see August 2, 2004). … [W]e basically are dependent on [Pakistan] to find bin Laden…to break in and find the computer people and give it to us because we got all our resources somewhere else in Iraq.” He continues to ask why Bush isn’t focusing on bin Laden: “Why did we put our number one security threat in the hands of the Pakistanis with us playing a supporting role and put all of our military resources into Iraq, which was, I think, at best, our number five security threat[?] After the absence of a peace process in the Middle East, after the conflict between India and Pakistan and all the ties they had to Taliban, after North Korea and their nuclear program. In other words, how did we get to the point where we got 130,000 troops in Iraq and 15,000 in Afghanistan? It’s like saying… Okay, our big problem is bin Laden and al-Qaeda. We now know from the 9/11 Commission, again, that Saddam Hussein had nothing to do with it. Right? We now know that al-Qaeda is an ongoing continuing threat, even though when I was president we took down over 20 of their cells, they still had enough left to do 9/11, and since then, in the Bush years, they’ve taken down over 20 of their cells. But they’re operating with impunity in that mountainous region going back and forth between Pakistan and Afghanistan and we have only 15,000 troops in that country.…[W]e would have a better chance of catching them if we had 150,000 troops there rather than 15,000.” Asked if the US could have captured bin Laden in the days and months after 9/11, he replies, “[W]e will never know if we could have gotten him because we didn’t make it a priority….” [Canadian Broadcast Corporation, 8/6/2004]

Entity Tags: William Jefferson (“Bill”) Clinton, 9/11 Commission, Muhammad Naeem Noor Khan, Osama bin Laden, Saddam Hussein

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 2004 Elections

NBC reporter Tim Russert, host of its flagship Sunday morning political talk show Meet the Press, testifies to FBI investigators probing the Valerie Plame Wilson identity leak (see December 30, 2003). He is deposed under oath and is audiotaped, but is not compelled to testify directly to the grand jury investigating the leak. According to an NBC statement, Russert is interviewed under oath, and testifies that he was the recipient of a leak; NBC will later claim that the interview was allowed as part of an agreement to avoid a protracted court fight. Russert is not asked to disclose a confidential source. “The questioning focused on what Russert said when Lewis (Scooter) Libby, Vice President Dick Cheney’s chief of staff, phoned him last summer” (see July 10 or 11, 2003), the statement reads. “Russert told the special prosecutor that at the time of the conversation he didn’t know Plame’s name or that she was a CIA operative and did not provide that information to Libby.” [Office of Special Counsel, 7/27/2004 pdf file; New York Times, 8/10/2004; Associated Press, 8/11/2004] Neither did Libby disclose Plame Wilson’s identity to him, Russert testifies. Russert and NBC News initially resisted the subpoena on First Amendment grounds, but relented after prosecutor Patrick Fitzgerald agreed not to compel Russert to appear before the grand jury, or to disclose confidential sources or information. [Washington Post, 8/10/2004] Russert has already talked informally with John Eckenrode, the FBI investigator overseeing the day-to-day investigation duties (see November 24, 2003). He told Eckenrode that Libby’s claim of learning Plame Wilson’s identity from him was false, and that he and Libby never discussed Plame Wilson at all. [National Journal, 2/15/2007] Libby’s claim that he learned of Plame Wilson’s identity from Russert will lead to perjury charges (see October 28, 2005).

Entity Tags: Valerie Plame Wilson, NBC News, Lewis (“Scooter”) Libby, John Eckenrode, Federal Bureau of Investigation, Patrick J. Fitzgerald, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

The grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see December 30, 2003) subpoenas New York Times reporter Judith Miller to testify. The Times says it will fight the subpoena. [US District Court for the District of Columbia, 8/12/2004 pdf file; Washington Post, 7/3/2007]
Unusual Negotiations between Lawyers - The subpoena will open a lengthy and sometimes puzzling set of negotiations between lawyers for Miller and her source, White House aide Lewis “Scooter” Libby. Miller refuses to divulge the identity of her source or the contents of their conversations (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). But she sends her lawyer, Floyd Abrams, to talk to Libby’s lawyer, Joseph Tate, to see if Libby will approve of her testimony. According to Abrams and others involved in the negotiations, Tate initially tells Abrams that Miller is free to testify. However, Abrams will say, Tate says that Libby never told Miller the name or the undercover status of Plame Wilson. This raises a conflict for Miller: her notes clearly indicate that she was told three times about Plame Wilson’s identity. If she testifies, she will contradict Libby’s own accounts of their conversations.
Libby Attempting to Influence Miller? - Miller decides that Libby is sending her a signal not to testify. She will later recalls Abrams’s recounting of his conversation with Tate: “He was pressing about what you would say. When I wouldn’t give him an assurance that you would exonerate Libby, if you were to cooperate, he then immediately gave me this, ‘Don’t go there, or, we don’t want you there.’” Abrams himself will recall: “On more than one occasion, Mr. Tate asked me for a recitation of what Ms. Miller would say. I did not provide one.” (Tate will angrily dispute both Abrams’s and Miller’s recollections, saying: “I never once suggested that she should not testify. It was just the opposite. I told Mr. Abrams that the waiver was voluntary.… ‘Don’t go there’ or ‘We don’t want you there’ is not something I said, would say, or ever implied or suggested.”) Miller’s executive editor, Bill Keller, will later say that Miller believed Libby feared her testimony. “Judy believed Libby was afraid of her testimony,” he will recall. “She thought Libby had reason to be afraid of her testimony.” Because of these reasons, Miller will decide not to further pursue the idea of a waiver from Libby that would allow her to testify about their conversations. For over a year, the two sides do not speak to one another. “I interpreted the silence as, ‘Don’t testify,’” Miller will later say. Tate will counter that he never understood why Miller or Abrams wanted to discuss the matter further. [New York Times, 10/16/2005]
McClellan: Fighting to Protect Partisan Government Leakers - In 2008, one-time White House press secretary Scott McClellan will write of Miller and fellow journalist Matthew Cooper, also battling a subpoena (see August 9, 2004): “Of course, there was a curious twist to the defense used by Cooper and Miller. By refusing to divulge the names of their sources in the leak case, the two reporters were not protecting courageous whistle-blowers revealing government wrongdoing in the public interest. Rather, they were shielding government officials whom administration critics believed had used leaks as weapons of partisan warfare. It was hard for some in the public, and especially those critical of the administration, to see this as an act of journalism.… This episode… seemed to confirm for at least some administration critics that reporters were no longer heroic figures, but were now participating in the same partisan warfare they created.” [McClellan, 2008, pp. 256]

Entity Tags: Matthew Cooper, Floyd Abrams, Bush administration (43), Bill Keller, Joseph Tate, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Judith Miller, Scott McClellan, New York Times

Timeline Tags: Niger Uranium and Plame Outing

Former Pakistani government official Husain Haqqani says that Pakistan, not the US government, may have originally leaked the news to the international press that Muhammad Naeem Noor Khan, an al-Qaeda operative turned informant for the US and Pakistan, was a double agent (see August 2, 2004). The leak of Khan’s identity ruins his capability to provide information about al-Qaeda and allows senior al-Qaeda operatives to escape arrest. Haqqani writes that there are two possible reasons for Pakistan’s decision to leak such damaging information: either Pakistani officials were eager to demonstrate their success in penetrating al-Qaeda, or, more likely, that Pakistan wanted to curb the inroads being made into al-Qaeda in order to keep the terrorist group safe and functional. A second leak, from Pakistani intelligence officials like the first, fingered US officials for the leak. The US government accepted the responsibility for outing Khan because, Haqqani writes, administration officials were complicit in the leak, and because the Bush administration is involved in a twisted, mutually duplicitous relationship with the Musharraf regime of Pakistan: “ostensibly driven by the mutual desire for security, there is clearly a political element to the relationship related to the survival of both the Bush and the Musharraf governments.” [Salon, 8/17/2004] On August 6, 2004, former President Bill Clinton accused the Bush administration of essentially contracting out US security and the hunt for Osama bin Laden to Pakistan in its zeal to wage war in Iraq (see August 6, 2004). One consequence of the decision to subcontract the hunt for members of al-Qaeda to Pakistan is that the terrorists appear to be regrouping and regaining in strength. [Washington Post, 8/14/2004] Haqqani believes that the two have mutual political concerns: while Pakistan cooperates, to a point, in hunting down al-Qaeda members, the government of Pervez Musharraf is more secure. In return, Pakistani officials, known for their reticence, have lately been unusually forthcoming in issuing well-timed reports designed to help Bush’s re-election efforts. For instance, on July 29, just hours before John Kerry’s speech accepting the Democratic nomination for president, Pakistan’s interior minister, Faisal Hayat, held an unusual late-night press conference announcing the arrest of Ahmed Khalfan Ghailani, the man wanted for the 1998 terrorist bombings of the US embassies in Kenya and Tanzania (see July 25-29, 2004). [Salon, 8/17/2004]

Entity Tags: William Jefferson (“Bill”) Clinton, George W. Bush, Faisal Hayat, Pervez Musharraf, Husein Haqqani, John Kerry, Muhammad Naeem Noor Khan, Al-Qaeda, Ahmed Khalfan Ghailani

Timeline Tags: Complete 911 Timeline

August 20, 2004: Salah Finally Arrested

Mohammad Salah, Mousa Abu Marzouk, and Abdelhaleem Ashqar are indicted on racketeering conspiracy charges. Salah and Ashqar are arrested. Marzouk, considered a high-ranking Hamas leader, is out of reach in Syria. Marzouk had been charged in 2002 on related matters (see December 18, 2002-April 2005). Ashqar was already under house arrest on related charges of contempt and obstruction of justice. The three are accused of using US bank accounts to launder millions of dollars to support Hamas. The indictment alleges the laundered money was used to pay for murders, kidnappings, assaults, and passport fraud. Many of the charges date to the early 1990s (see 1989-January 1993) and had been the subject of legal cases in 1998 and 2000 (see June 9, 1998; May 12, 2000-December 9, 2004). [New York Times, 8/21/2004; Associated Press, 8/24/2004] Salah and Ashqar had been living openly in the US for several years. The US had declared Salah a “designated global terrorist” in 1995 and he returned to Chicago in 1997 (see February 1995). The media reported on this in 2003 but they still were not arrested (see June 2-5, 2003). In 1993, Ashqar took part in a secret Hamas meeting in Philadelphia that was wiretapped by the FBI (see October 1993). [ABC News, 6/12/2003; New York Times, 8/21/2004]

Entity Tags: Mohammad Salah, Abdelhaleem Ashqar, Federal Bureau of Investigation, Hamas, Mousa Abu Marzouk

Timeline Tags: Complete 911 Timeline

Jacob Hornberger.Jacob Hornberger. [Source: Institute for Historical Review]Jacob Hornberger, the president of the Future of Freedom Foundation, writes that the Pentagon has learned “when the judiciary issues an order, the Pentagon is required to obey it,” which is “why the government is now permitting Ali Saleh al-Marri to meet with his attorney as part of his habeas corpus proceeding in federal district court in South Carolina.” Al-Marri is one of three “enemy combatants” (see June 23, 2003) designated by President Bush. Until recently, the Pentagon had refused to allow al-Marri to contact his lawyers, who have been challenging his detention and enemy combatant status in the US courts, but a recent Supreme Court decision scotched that procedure (see June 28, 2004). Hornberger compares al-Marri’s treatment to that of ousted Iraqi dictator Saddam Hussein, whom Iraqi and US officials have restricted from consulting with his own lawyers in Iraq. Al-Marri, before being removed from the US judicial system, “would have been entitled to all the rights and guarantees recognized in the Constitution and Bill of Rights, including being informed of the charges against him, compulsory process of witnesses, cross-examination of adverse witnesses, assistance of counsel, and a jury trial,” Hornberger writes. “If the jury had acquitted him, as juries recently did with defendants in federal terrorism cases brought in Detroit and Boise, he would have walked away from the federal courtroom a free man. By removing al-Marri from the jurisdiction of the federal court on the eve of his trial and placing him into military custody as an ‘enemy combatant,’ the Justice Department and the Pentagon, working together, effectively hijacked our criminal justice system and sabotaged our constitutional order.” [Atlanta Inquirer, 8/21/2004; Future of Freedom Foundation, 2007]

Entity Tags: George W. Bush, Ali Saleh Kahlah al-Marri, US Department of Defense, Saddam Hussein, Jacob Hornberger

Timeline Tags: Torture of US Captives

James Schlesinger.James Schlesinger. [Source: HBO]The four-member Independent Panel to Review Department of Defense Detention Operations completes its final report on its investigations into the prisoner abuses that are known to have taken place in US-run detention centers throughout Iraq and Afghanistan. The investigative panel, which includes James R. Schlesinger, Harold Brown, Tillie K. Fowler, and Gen. Charles A. Horner, finds that a failure of leadership, leading all the way to Defense Secretary Rumsfeld, contributed to the abuse of prisoners. Like the Fay report (see August 25, 2004), to be released the following day, and the February 2004 Taguba report (see March 9, 2004), the Schlesinger report concludes that a lack of oversight and supervision allowed incidents, such as that which occurred at Abu Ghraib, to occur. Unlike preceding investigations, the Schlesinger Panel takes issue with the notion that abuses resulted from the actions of a few bad apples and were not widespread, charging that there is “both institutional and personal responsibility at higher levels.” The panel however does not name names. Notwithstanding their criticisms of the secretary, all four members say that Rumsfeld’s mistakes were comparably less significant than those made by uniformed officers. The panel, appointed by the secretary himself, recommends against removing Rumsfeld from office. [New York Times, 8/25/2004] In sum, the panel finds:
bullet Defense Secretary Rumsfeld and his aides failed to anticipate significant militant resistance to the US invasion and did not respond quickly enough to it when its strength became apparent. [New York Times, 8/25/2004]
bullet The Department of Defense created confusion when it issued, retracted, and then re-issued its policy on interrogation methods. [New York Times, 8/25/2004]
bullet The failure to adequately staff Abu Ghraib contributed to the poor conditions and abuses that took place at the prison. The ratio of military police to prisoners at the facility was 75 to one. [New York Times, 8/25/2004]
bullet Responsibility for the abuses that took place at Abu Ghraib go beyond the handful of MPs present in the photographs. “We found a string of failures that go well beyond an isolated cellblock in Iraq,” panelist Tillie K. Fowler explains during a Pentagon press conference. “We found fundamental failures throughout all levels of command, from the soldiers on the ground to the Central Command and to the Pentagon. These failures of leadership helped to set the conditions which allowed for the abusive practice to take place.” [US Department of Defense, 8/24/2004; New York Times, 8/25/2004]
bullet Rumsfeld’s decision (see December 2, 2002) on December 2, 2002 to authorize 16 pre-approved additional interrogation procedures for use at the Guantanamo facility; his subsequent decision (see January 15, 2003) to rescind that authority, and the final April 16, 2003 decision (see April 16, 2003) providing a final list of approved techniques was “an element contributing to uncertainties in the field as to which techniques were authorized.” The methods on the list eventually “migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [New York Times, 8/25/2004]
bullet The panel seemingly concludes that the interrogation methods approved for use in Afghanistan and at Guantanamo are lawful, fully agreeing that the Third Geneva Convention does not apply to detainees considered enemy combatants. The panel does not question whether the military was justified in classifying the detainees, or “terrorists,” as such. “The Panel accepts the proposition that these terrorists are not combatants entitled to the protections of Geneva Convention III. Furthermore, the Panel accepts the conclusion the Geneva Convention IV and the provisions of domestic criminal law are not sufficiently robust and adequate to provide for the appropriate detention of captured terrorists.” [US Congress, 9/9/2004, pp. 83 pdf file]
bullet The panel says that Gen. Ricardo Sanchez’s decision to classify some prisoners in Iraq as enemy combatants was “understandable,” even though Combined Joint Task Force 7 “understood there was no authorization to suspend application of the Geneva Conventions… .” [US Congress, 9/9/2004, pp. 83 pdf file]
bullet Abuses at Abu Ghraib involved both MPs and military intelligence personnel. “We now know these abuses occurred at the hands of both military police and military intelligence personnel,” the report says. “The pictured abuses, unacceptable even in wartime, were not part of authorized interrogations nor were they even directed at intelligence targets. They represent deviant behavior and a failure of military leadership and discipline. However, we do know that some of the egregious abuses at Abu Ghraib which were not photographed did occur during interrogation sessions and that abuses during interrogation sessions occurred elsewhere.… We concur with the Jones/Fay investigation’s (see August 25, 2004) conclusion that military intelligence personnel share responsibility for the abuses at Abu Ghraib with the military police soldiers cited in the Taguba investigation.” [New York Times, 8/25/2004]
bullet In Guantanamo, roughly one-third of all abuses were interrogation related. [New York Times, 8/25/2004]
bullet Contradicting the conclusions of the Red Cross report (see May 7, 2004), the Schlesinger report demonstrates that abuses were widespread. “Abuses of varying severity occurred at differing locations under differing circumstances and context,” the report’s authors write. “They were widespread and, though inflicted on only a small percentage of those detained… .” [New York Times, 8/25/2004]
bullet The abusive practices were not sanctioned by the military’s interrogation policy. “No approved procedures called for or allowed the kinds of abuse that in fact occurred. There is no evidence of a policy of abuse promulgated by senior officials or military authorities.” [New York Times, 8/25/2004]
bullet The panelists believe the abuses occurring during the night shift in Cell Block 1 of Abu Ghraib “would have been avoided with proper training, leadership and oversight.” [New York Times, 8/25/2004] Critics will say the report is a “whitewash,” noting that the panel cannot be considered independent given that it was appointed by Rumsfeld himself. Months before the panel completed its work, panelist Tillie Fowler said Rumsfeld should not be blamed for the abuses. “The secretary is an honest, decent, honorable man, who’d never condone this type of activity,” she said referring to the abuse at Abu Ghraib. “This was not a tone set by the secretary.” [New York Times, 6/6/2004]

Entity Tags: James R. Schlesinger, International Committee of the Red Cross, Harold Brown, Charles A. Horner, George R. Fay, Donald Rumsfeld, Tillie K. Fowler

Timeline Tags: Torture of US Captives, Civil Liberties

George Fay.George Fay. [Source: US Army]Generals George Fay and Anthony R. Jones release a final report describing the findings of their combined investigation of the abuses committed by US soldiers against detainees being held at Abu Ghraib. The investigation was initially ordered by Lt. Gen. Ricardo S. Sanchez, commander of CJTF-7, who charged Fay with determining whether the 205th Military Intelligence Brigade “requested, encouraged, condoned, or solicited Military Police (MP) personnel to abuse detainees and whether MI [military intelligence] personnel comported with established interrogation procedures and applicable laws and regulations.” Lt. Gen. Anthony R. Jones joined the investigation in June and was instructed to determine if “organizations or personnel higher” than the 205th Military Intelligence Brigade chain of command were involved in the Abu Ghraib abuses. [US Department of the Army, 3/9/2004] The report provides detailed descriptions of 44 separate incidents of abuse perpetrated by US soldiers against Abu Ghraib detainees beginning in September 2003. The abuses described include acts of sodomy, beatings, nudity, lengthy isolation, and the use of unmuzzled dogs aimed at making detainees urinate and defecate in fear. “The abuses spanned from direct physical assault, such as delivering head blows rendering detainees unconscious, to sexual posing and forced participation in group masturbation,” the authors say in the report. “At the extremes were the death of a detainee… an alleged rape committed by a US translator and observed by a female soldier, and the alleged sexual assault of an unknown female.” [Washington Post, 8/26/2005] Parts of the report are classified because, according to Army officials, they include references to secret policy memos. But when these classified sections are leaked to the New York Times by a senior Pentagon official, they do not appear to contain any sensitive material about interrogation methods or details of official memos. Instead, the secret passages demonstrate how interrogation practices from Afghanistan and Guantanamo were introduced to Abu Ghraib and how Sanchez played a major part in that process. [New York Times, 8/27/2004] Though the report lays most of the blame on MPs and a small group of military intelligence, civilian, and CIA interrogators, it does recommend disciplinary action for Col. Thomas M. Pappas and Lt. Col. Steven L. Jordan. “The primary causes are misconduct (ranging from inhumane to sadistic) by a small group of morally corrupt soldiers and civilians, a lack of discipline on the part of the leaders and soldiers of the 205 MI BDE [Military Intelligence Brigade] and a failure or lack of leadership by multiple echelons within CJTF-7.” Lt. Gen. Sanchez, the commander of Combined Joined Task Force (CJTF) 7, though mildly criticized, is still praised in the report as having performed “above expectations.” [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005] Jones portrays the abuse as being only coincidentally linked to interrogations. “Most, though not all, of the violent or sexual abuses occurred separately from scheduled interrogations and did not focus on persons held for intelligence purposes.” Gen. Fay on the other hand writes that the majority of the victims of abuse were military intelligence holds, and thus held for intelligence purposes. In addition, he concludes that “confusion and misunderstanding between MPs and MI [military intelligence]” also contributed to acts of abuse. Military intelligence personnel ordered MPs to implement the tactic of “sleep adjustment.” “The MPs used their own judgment as to how to keep them awake. Those techniques included taking the detainees out of their cells, stripping them, and giving them cold showers. Cpt. [Carolyn A.] Wood stated she did not know this was going on and thought the detainees were being kept awake by the MPs banging on the cell doors, yelling, and playing loud music.” [US Department of Defense, 8/23/2004 pdf file]
Conclusions -
bullet Nearly 50 people were involved in the 44 incidents of abuse listed in the report: 27 military intelligence soldiers, 10 military police officers, four civilian contractors, and a number of other intelligence and medical personnel who failed to report the abuse. [Washington Post, 8/26/2005; Washington Post, 8/26/2005] Military intelligence soldiers were found to have requested or encouraged 16 of the 44 incidents. [Washington Post, 8/26/2005; Washington Post, 8/26/2005]
bullet The incidents of abuse included torture. “Torture sometimes is used to define something in order to get information,” Fay tells reporters. “There were very few instances where in fact you could say that was torture. It’s a harsh word, and in some instances, unfortunately, I think it was appropriate here. There were a few instances when torture was being used.” [Washington Post, 8/26/2005]
bullet Lt. Gen. Ricardo Sanchez and his staff “contributed indirectly to the questionable activities regarding alleged detainee abuse at Abu Ghraib” and failed “to ensure proper staff oversight of detention and interrogation operations.” [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005] For example, Sanchez endorsed the use of stress positions, nudity, and military working dogs (see October 12, 2003), even though they had not been approved by Rumsfeld. [Washington Post, 8/26/2005] In spite of this, the executive summary of the report asserts that “the CJTF-7 Commander and staff performed above expectations… .” [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005]
bullet Senior officers in Iraq failed to provide “clear, consistent guidance” for handling detainees. [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005]
bullet There is no evidence that policy or instructions provided by senior US authorities sanctioned the types of abuses that occurred at Abu Ghraib. [Washington Post, 8/26/2005; Washington Post, 8/26/2005]
bullet CIA officials in the prison hid “ghost detainees” from human rights groups in violation of international law. [Washington Post, 8/26/2005]

Entity Tags: Steven L. Jordan, Ricardo S. Sanchez, George R. Fay, Anthony R. Jones, Thomas M. Pappas, Carolyn A. Wood

Timeline Tags: Torture of US Captives

At Fort Bragg, defense attorneys for Pfc. Lynndie England rely upon the two Pentagon reports (see August 24, 2004) (see August 25, 2004) released the previous week to argue that their client and other low-ranking MPs were following approved military intelligence procedures. The hearing is being held to investigate the nineteen charges against England and to determine whether she should face a court-martial. Thirteen of her charges relate to the abuse of detainees, while the others concern possession of sexually explicit photos. If convicted, England faces up to thirty-eight years in prison. [Associated Press, 8/30/2004]

Entity Tags: Lynndie England

Timeline Tags: Torture of US Captives

After the death of Aryan Nations leader Richard Butler (see July 2004), the organization, already deeply divided and dwindling in size and influence (see Late 2000 - 2001), splits into two rival factions. One is headed by August Kreis in Pennsylvania and the other by Jonathan Williams in Georgia. Kreis and Williams are divided in part over the issue of whether neo-Nazis can find common ground with Muslim terrorists based on their mutual hatred of Jews. In 2005, Kreis tells CNN, “And I want to instill the same jihadic feeling in our peoples’ heart, in the Aryan race, that they [jihadists] have for their father, who they call Allah.” Another Nations leader, Charles Juba, attempts to anoint organization “pastor” James Wickstrom (see 1969, 1984, and 2003) as the group’s chaplain. Wickstrom aligns himself with Juba’s breakaway faction, in what some believe is an attempt to claim leadership in Butler’s wake. Aryan Nations member Floyd Cochran, who will leave the group and renounce its racist teachings, will later say: “Jim Wickstrom has a certain stature in the racist movement—one Juba doesn’t have—and especially among the more religious, the biggest ones that are really into the Christian Identity aspect (see 1960s and After).… With the death of Richard Butler, the Christian Identity aspect of the movement is now more focused on Wickstrom.” Days after Butler’s death, Juba announced he was appointing Wickstrom “Chaplin” (sic) and said the group’s new slogan would be “No Jew left alive in 2005.” However, Wickstrom has powerful enemies within the movement, not the least because in 2003 he eloped with the wife of another Christian Identity preacher, his former friend and colleague Keith Kallstrom. In reaction, Kallstrom vowed to cut off Wickstrom’s head and place it on his mountain, and shortly thereafter was arrested after driving to Michigan from Oklahoma in a pickup truck loaded with firearms and grenades, in an apparent attempt to find and kill Wickstrom. Wickstrom never becomes a full-fledged leader of the group, and though he will continue to broadcast a weekly radio program over the Internet, he will experience a steady decline in his influence among Aryan Nations and other racist, white supremacist groups. Both Kreis’s and Williams’s factions will continue to slide into irrelevance, though Kreis will have some success recruiting members from motorcycle gangs in South Carolina. By 2010, the only remnants of the groups will be small individual cliques and their accompanying Web sites. [Southern Poverty Law Center, 12/2004; Southern Poverty Law Center, 2010; Southern Poverty Law Center, 2010]

Entity Tags: Floyd Cochran, Aryan Nations, August Kreis, Charles Juba, Keith Kallstrom, Jonathan Williams, James Wickstrom, Richard Girnt Butler

Timeline Tags: US Domestic Terrorism

Cantor Fitzgerald Securities, a bond-trading firm that lost 658 employees in the World Trade Center attacks, files a $7 billion lawsuit against the government of Saudi Arabia for allegedly supporting al-Qaeda prior to 9/11. The lawsuit names dozens of other defendants, including many Saudi banks and Islamic charities. Many of the defendants had also been named in the still-pending $300 billion Ron Motley lawsuit (see August 15, 2002). The Cantor Fitzgerald lawsuit claims the Saudi Arabian government “knew and intended that these Saudi-based charity and relief organization defendants would provide financial and material support and substantial assistance to al-Qaeda.… This uninterrupted financial and material support and substantial assistance enabled the al-Qaeda defendants to plan, orchestrate and carry out the Sept. 11 attacks.” [Associated Press, 9/3/2004]

Entity Tags: Ron Motley, Saudi Arabia, Al-Qaeda, Cantor Fitzgerald Securities

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Senator Bob Graham (D-FL) alleges that the White House has covered up possible Saudi Arabian government connections to 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar. In an interview to promote his new book entitled Intelligence Matters, he contends that evidence relating to these two hijackers, who lived in San Diego, “present[s] a compelling case that there was Saudi assistance” to the 9/11 plot. [Graham and Nussbaum, 2004; Copley News, 9/7/2004] In the words of author Philip Shenon, Graham is “convinced that a number of sympathetic Saudi officials, possibly within the sprawling Islamic Affairs Ministry, had known that al-Qaeda terrorists were entering the United States beginning in 2000 in preparation for some sort of attack,” and that “Saudi officials had directed spies operating in the United States to assist them.” [Shenon, 2008, pp. 51] Graham also concludes that President Bush directed the FBI “to restrain and obfuscate” investigations into these ties, possibly to protect US-Saudi relations. The San Diego Union-Tribune notes, “Graham co-chaired the exhaustive Congressional inquiry into the Sept. 11 attacks and is privy to still-classified information about the probe.” Graham claims that Omar al-Bayoumi and Osama Basnan are Saudi intelligence agents. He also claims that the FBI deliberately blocked his inquiry’s attempts to interview Abdussattar Shaikh, the FBI informant who was a landlord to the above-mentioned hijackers (see November 18, 2002). The questions the inquiry wanted to ask Shaikh went unanswered because of FBI maneuvering. [Graham and Nussbaum, 2004; Copley News, 9/7/2004]

Entity Tags: Saudi Arabia, Osama Basnan, Khalid Almihdhar, Nawaf Alhazmi, Abdussattar Shaikh, Bush administration (43), Federal Bureau of Investigation, Omar al-Bayoumi, Daniel Robert (“Bob”) Graham

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Damage to the Australian embassy.Damage to the Australian embassy. [Source: Associated Press]A car bombing outside the Australian Embassy in Jakarta, Indonesia, kills ten people and injures about 200 more. Jemaah Islamiyah (JI), said to be the Southeast Asian arm of al-Qaeda, takes credit for the attack. A year later, a militant on trial for involvement in the attack claims that al-Qaeda funded the operation. [CNN, 9/9/2004; Reuters, 8/2/2005] JI leaders Azhari Husin and Noordin Mohammed Top are said to have masterminded the bombing largely on their own, since the rest of JI is in disarray by this time. [New York Times, 10/7/2005]

Entity Tags: Jemaah Islamiyah, Al-Qaeda, Azhari Husin, Noordin Mohammed Top

Timeline Tags: Complete 911 Timeline

Riggs Bank is added to the list of defendants in a 9/11 lawsuit filed on behalf of 9/11 victims’ relatives (see August 15, 2002). The amended lawsuit alleges, “Riggs’ constant failure to comply with banking oversight laws resulted in funds being forwarded from high risk Saudi Embassy accounts at Riggs Bank to at least two September 11 hijackers.” [Wall Street Journal, 9/13/2004] Riggs Bank is under investigation at the time and will later plead guilty to violating banking laws (see March 29, 2005). The bank also appears to have a long standing but murky relationship with the CIA (see July 2003 and December 31, 2004).

Entity Tags: Riggs Bank

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Muslim Brotherhood logo.
Muslim Brotherhood logo. [Source: Muslim Brotherhood]The Washington Post reports that “Some federal agents worry that the Muslim Brotherhood has dangerous links to terrorism. But some US diplomats and intelligence officials believe its influence offers an opportunity for political engagement that could help isolate violent jihadists.” The Post describes the Brotherhood as “a sprawling and secretive society with followers in more than 70 countries.… In some nations—Egypt, Algeria, Syria, Sudan—the Brotherhood has fomented Islamic revolution. In the Palestinian territories, the Brotherhood created… Hamas, which has become known for its suicide bombings of Israelis. Yet it is also a sophisticated and diverse organization that appeals to many Muslims worldwide and sometimes advocates peaceful persuasion, not violent revolt. Some of its supporters went on to help found al-Qaeda, while others launched one of the largest college student groups in the United States.” A top FBI counterterrorism official says, “We see some sort of nexus, direct or indirect, to the Brotherhood, in ongoing [terrorism] cases.” A number of people connected to al-Qaeda, such as Khalid Shaikh Mohammed, Ayman al-Zawahiri, Sheikh Omar Abdul-Rahman, and Mohamed Atta, were members of the Brotherhood. Reportedly, “pockets” of US the government “have quietly advocated that the government reach out to the Brotherhood and its allies.” For instance, Reuel Marc Gerecht, a former CIA officer working with the neoconservative American Enterprise Institute, says, “Bin Laden-ism can only be gutted by fundamentalists.” But former CIA officer Graham Fuller says, “At high levels of the government, there’s no desire to go in the direction of dialogue. It’s still seen as fairly way out.” [Washington Post, 9/11/2004] In 2005, it will be reported that some Muslim Brotherhood leaders created a plan in 1982 to infiltrate the West with the ultimate goal of subverting it and conquering it (see December 1982).

Entity Tags: Reuel Marc Gerecht, Graham Fuller, Central Intelligence Agency, Muslim Brotherhood

Timeline Tags: Complete 911 Timeline

Columnist Robert Novak, who publicly outed CIA official Valerie Plame Wilson over a year ago (see July 14, 2003), testifies for a third time to FBI agents conducting an investigation into the Plame Wilson identity leak. Novak has already testified to the FBI concerning his sources for the information on Plame Wilson’s CIA status (see October 7, 2003 and February 5, 2004). According to an affidavit subsequently filed by special counsel Patrick Fitzgerald, Novak is testifying to clarify and add information to his earlier testimony regarding his conversations about Plame Wilson with Deputy Secretary of State Richard Armitage (see October 1, 2003). [US District Court for the District of Columbia, 9/27/2004 pdf file]

Entity Tags: Patrick J. Fitzgerald, Federal Bureau of Investigation, Richard Armitage, Robert Novak, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Deputy Secretary of State Richard Armitage testifies for a second time before the grand jury investigating the Plame Wilson identity leak. Armitage has testified to the grand jury before, but information on that testimony will be redacted from publicly available court documents. Armitage was interviewed by FBI agents almost a year before today’s grand jury appearance (see October 1, 2003 and October 2, 2003). In today’s appearance, Armitage denies discussing Valerie Plame Wilson with any reporter other than columnist Robert Novak (see July 14, 2003 and September 14, 2004). [US District Court for the District of Columbia, 9/27/2004 pdf file] Armitage is lying; he informed Washington Post reporter Bob Woodward of Plame Wilson’s identity in June 2003 (see June 13, 2003).

Entity Tags: Richard Armitage, Bob Woodward, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Al Hunt and Robert Novak on NBC’s ‘Meet the Press.’Al Hunt and Robert Novak on NBC’s ‘Meet the Press.’ [Source: Washington Post]During a broadcast of CNN’s The Capital Gang, conservative columnist Robert Novak weighs in on the controversy surrounding a recent CBS story on George W. Bush’s National Guard service. The story relied on documents whose authenticity has been questioned. Novak says: “I’d like CBS, at this point, to say where they got those documents from.… I think they should say where they got these documents because I thought it was a very poor job of reporting by CBS.” Novak’s colleague, liberal Al Hunt, retorts: “Robert Novak, you’re saying CBS should reveal its source?… You think reporters ought to reveal sources?” Novak, tardily understanding where Hunt is going, backtracks: “No, no, wait a minute. I’m just saying in that case.” Novak has yet to publicly reveal his sources for his outing of CIA case officer Valerie Plame Wilson (see July 14, 2003). Other reporters who were given Plame Wilson’s name, including the New York Times’s Judith Miller (see June 23, 2003) and Time’s Matthew Cooper (see September 13, 2004), have disclosed their negotiations with special counsel Patrick Fitzgerald over revealing information to his grand jury, but Novak has said nothing on the subject. (Hunt later confirms that, like the vast majority of the Washington pundit corps, he has refrained from asking Novak about the issue, because Novak is “a close friend… it’s uncomfortable.”) Democratic strategist Paul Begala, who spars regularly with Novak on CNN, concurs: “Look, he’s a friend of mine. I know that he can’t talk about it. I respect that fact, so I don’t bring it up.” [Washington Monthly, 12/2004] Novak has spoken with the FBI and with investigators for Fitzgerald three times (see October 7, 2003, February 5, 2004, and September 14, 2004).

Entity Tags: Paul Begala, CNN, Al Hunt, George W. Bush, Judith Miller, Robert Novak, Texas Air National Guard, Matthew Cooper, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Amjad Farooqi.Amjad Farooqi. [Source: Associated Press]Amjad Farooqi, a leader of al-Qaeda and the Pakistani militant group Jaish-e-Mohammed, is allegedly shot and killed in Nawabshah, Pakistan, a town 170 miles north of Karachi. Farooqi had been indicted for the murder of US journalist Daniel Pearl in 2002 (see January 31, 2002), and was said to have been a mastermind of the two assassination attempts against Pakistani President Pervez Musharraf in December 2003 (see December 14 and 25, 2003). Farooqi is also believed to have taken part in the hijacking of an Indian airliner in late 1999 (see December 24-31, 1999). He is said to be close to al-Qaeda leader Abu Faraj al-Libbi. Farooqi was allegedly tracked by his mobile home to a hideout, which was then surrounded by police. He and two associates were killed after a two-hour gun battle, while three others were arrested. A senior Pakistani official says, “Farooqi’s elimination is a crushing blow to the al-Qaeda network in Pakistan because he was the man who had been providing al-Qaeda terrorists with the manpower to carry out attacks.” [Washington Post, 9/27/2004]
Staged Death? - However, the Asia Times reported in June 2004 that Farooqi had been secretly arrested already and that Musharraf was saving him for a politically opportune time. [Asia Times, 6/5/2004] After the announcement of his death, the Asia Times further report that its sources believe Farooqi indeed was killed, but his death was staged and he had been arrested months before. It is claimed that Pakistani authorities wanted him dead to close investigations into the murder of Daniel Pearl and the assassination attempts against Musharraf. In both cases, there are unanswered questions about the links between al-Qaeda and forces within the Pakistani government. Furthermore, some say the 1999 Indian airline hijacking he was said to have been a part of was planned by al-Qaeda-linked militants working with the Pakistani ISI (see December 24-31, 1999).
Allegedly Overhyped - The Asia Times further claims that while Farooqi was involved in Pearl’s death and the Musharraf assassinations, he was not the “super villain” he was made out to be in the months before his death. They also portray him as a stand-alone operator who worked with al-Qaeda and a number of Pakistani militant groups, but did not directly belong to any one group. [Asia Times, 9/28/2004; Asia Times, 9/29/2004]
Questions Unanswered - One senior Pakistani law-enforcement official says after the announcement of his death, “It was very important to catch Amjad Farooqi alive. Farooqi was the key link between the foot soldiers and those who ordered the murder [of Musharraf].” Another says, “Amjad Farooqi is now dead with the most important secret and we still don’t know for sure the real identity of the Pakistani or al-Qaeda or any other foreign elements who had launched Farooqi into action to remove General Musharraf from the scene.” [Asia Times, 9/30/2004]

Entity Tags: Pervez Musharraf, Jaish-e-Mohammed, Abu Faraj al-Libbi, Al-Qaeda, Amjad Farooqi

Timeline Tags: Complete 911 Timeline

CBS’s Ed Bradley.CBS’s Ed Bradley. [Source: Associated Press]CBS News president Andrew Heyward refuses to air a scheduled segment of 60 Minutes II that probes the allegations of the Bush administration deliberately using forged documents to bolster its claim that Iraq attempted to purchase uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003)). In a statement, the network says it would be “inappropriate to air the report so close to the presidential election.” The network also decides not to run the piece because it has admitted to using questionable documents in a recent segment showing that President Bush received preferential treatment in joining the Texas Air National Guard during the height of the Vietnam War, and shirked his Guard duties thereafter without consequence. CBS had a team of correspondents and consulting reporters working for six months on the segment, and landed the first-ever on-camera interview with Italian journalist Elisabetta Burba, the first reporter to see the forged documents that formed the basis of the uranium allegations. (The CBS reporters also interviewed Burba’s source, information peddler Rocco Martino, but chose not to air any of that footage, and do not disclose Martino’s identity in the piece. Neither does the segment explore why the FBI has so far been reluctant to interview Martino in its investigation of the fraudulent uranium allegations.) The segment is later described by Newsweek journalists Michael Isikoff and Mark Hosenball as a hard-hitting investigative piece that “ask[s] tough questions about how the White House came to embrace the fraudulent documents and why administration officials chose to include a 16-word reference to the questionable uranium purchase in President Bush’s 2003 State of the Union speech” (see Mid-January 2003 and 9:01 pm January 28, 2003), and by Salon reporter Mary Jacoby as “making a powerful case that in trying to build support for the Iraq war, the Bush administration either knowingly deceived the American people about Saddam Hussein’s nuclear capabilities or was grossly credulous.… The report contains little new information, but it is powerfully, coherently, and credibly reported.” One of the central aspects of the segment is anchor Ed Bradley’s interview with Dr. Jafar Dhia Jafar, the former chief of Iraq’s nuclear program. Jafar confirms to Bradley that Iraq had dismantled its nuclear program after the Gulf War in the face of United Nations inspections. “So what was going on?” Bradley asks. “Nothing was going on,” Jafar replies. He says the Bush administration was either “being fed with the wrong information” or “they were doing this deliberately.” Another powerful moment is a clip from a German interview with the former foreign minister of Niger, Allele Habibou, whose signature appears on one of the forged documents. The document was dated 2000, but Habibou had been out of the government for 11 years by that point. “I only found out about this when my grandchildren found this on the Internet. I was shocked,” he says. The story is twice as long as the usual 15-minute segments broadcast on the show. Bradley, who narrates the report, is reportedly furious at the decision not to broadcast the segment. Jacoby concludes, ”60 Minutes defied the White House to produce this report. But it could not survive the network’s cowardice—cowardice born of self-inflicted wounds.” [Newsweek, 9/23/2004; Salon, 9/29/2004] The story will finally run on 60 Minutes almost two years later (see April 23, 2006).

Entity Tags: Jafar Dhia Jafar, Ed Bradley, CBS News, Bush administration (43), Andrew Heyward, Alle Elhadj Habibou, Elisabetta Burba, George W. Bush, Michael Isikoff, Federal Bureau of Investigation, Rocco Martino, Saddam Hussein, Mark Hosenball, Mary Jacoby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Osama bin Laden sends a letter to al-Qaeda leader Abu Faraj al-Libbi, and US intelligence will learn about this a year or so later. This is one of the very few pieces of evidence known by US intelligence that suggests bin Laden is alive, after bin Laden escaped from Tora Bora, Afghanistan, in late 2001. Al-Libbi has been al-Qaeda’s operational commander since early 2003.
Guantanamo File Account - In April 2011, the non-profit whistleblower group Wikileaks will release the Guantanamo prison assessment file of al-Libbi, dated September 2008. According to this assessment, which is likely based on al-Libbi’s interrogations, al-Libbi receives a letter from bin Laden in October 2004 asking about al-Qaeda’s financial situation in Pakistan and especially Waziristan (part of Pakistan’s tribal region). Al-Libbi also gets a videotape of bin Laden’s speeches. (Note that the first video footage of bin Laden is publicly released in late October 2004 (see October 29, 2004).) Al-Libbi gets the letter and videotape from bin Laden’s courier, who first met up with al-Libbi in July 2003 (see July 2003-Mid-2004). [US Department of Defense, 9/10/2008]
Musharraf's 2006 Book - In a 2006 book, Pakistani President Pervez Musharraf will similarly mention that al-Libbi “was in contact with Osama through a courier and the last letter he had received from Osama was sometime in December 2004. We have been looking for the couriers intensely.” [Musharraf, 2006, pp. 172] Al-Libbi will be captured in May 2005, and apparently he is interrogated by Pakistan for a few days, and then turned over and interrogated much more by the US (see May 2, 2005). So different interrogations may explain the slightly different months mentioned in each account. Bin Laden’s courier will later be revealed to be Ibrahim Saeed Ahmed, and the US effort to track him will eventually lead to bin Laden (see May 2, 2011).

Entity Tags: Abu Faraj al-Libbi, Pervez Musharraf, Ibrahim Saeed Ahmed, Osama bin Laden

Timeline Tags: Complete 911 Timeline

The fractious and contentious relationship between the White House and the CIA, never good since planning began for the Iraq war (see January 2003), has boiled over into the public eye in recent days, according to a New York Times report. James Pavitt, the former head of the CIA’s Clandestine Service, says he has never seen anything approaching “the viciousness and vindictiveness” of the relationship between the White House and the CIA. In recent days, numerous classified assessments have been leaked to the press by people sympathetic to the CIA (see September 16, 2004, September 28, 2004, and October 4, 2004), “to the considerable embarrassment of the White House.” The White House, in turn, has called the authors of the assessments “pessimists and naysayers,” and dismissed a recent National Intelligence Estimate (NIE) on Iraq as based on guesswork (see September 21-23, 2004). Some Republican partisans claim that the CIA is waging an “insurgency” or “vendetta” against the White House, an idea that both White House and CIA officials officially reject. “Wars bring things out in people that sometimes other disputes don’t,” says James Woolsey, a neoconservative and former CIA director who is a strong supporter of the administration’s Iraq and terrorism policies. “But even with the passions of war, I think you ought to keep it within channels.” Another former intelligence official is more critical of the agency: “The agency’s role is to tell the administration what it thinks, not to criticize its policies.” CIA defenders say it is important to set the record straight by revealing the agency’s warnings about the possible dire consequences of an Iraq occupation, warnings which the White House either ignored or mocked. “There was nothing in the intelligence that was a casus belli for war,” Pavitt says, noting that while the CIA might have been wrong about Iraq and WMD, it was much closer to the mark in its prewar warnings about the obstacles that an American occupying force would face in postwar Iraq. But, Pavitt, notes, “[t]he agency is not out to undermine this president.” [New York Times, 10/2/2004] Conservative defenders of the administration angrily attack the CIA for “insubordination” and betrayal, leaving liberals and progressives in the unusual position of defending the agency. [Roberts, 2008, pp. 153]

Entity Tags: Central Intelligence Agency, James Woolsey, James Pavitt, Bush administration (43)

Timeline Tags: Iraq under US Occupation

Knight Ridder Newspapers reports on a leaked CIA assessment that undercuts the White House claim of links between al-Qaeda and Saddam Hussein. The assessment, requested some months ago by Vice President Cheney, finds no evidence to show that Saddam’s regime ever harbored Abu Musab al-Zarqawi, an independent colleague of Osama bin Laden (see April 2002), and finds no evidence of any “collaborative relationship” between the former Iraqi regime and al-Qaeda (see October 2, 2002). In February 2003, Secretary of State Colin Powell told the United Nations Security Council that al-Zarqawi went to Baghdad for medical treatment and, while there, helped establish a terrorist base in Baghdad (see February 5, 2003). The assessment now shows that claim was incorrect. So was the administration’s claim that al-Zarqawi received safe haven from Hussein. Defense Secretary Donald Rumsfeld, who in September 2002 called the evidence of links between Hussein and al-Qaeda “bulletproof” (see September 26, 2002), now says, “To my knowledge, I have not seen any strong, hard evidence that links the two.” Rumsfeld continues, “I just read an intelligence report recently about one person [al-Zarqawi] who’s connected to al-Qaeda who was in and out of Iraq and there’s the most tortured description of why he might have had a relationship and why he might not have had a relationship.” In June 2003, President Bush called al-Zarqawi “the best evidence of connection” between Iraq and al-Qaeda; after the assessments are leaked, Bush insists that al-Zarqawi “was in and out of Baghdad,” apparently continuing to press the idea that Saddam and al-Qaeda were connected. Al-Zarqawi did spend a lot of time in Iraq, but almost always in the northern sections of Iraq where Saddam’s control did not reach. [Knight Ridder, 10/4/2004] The day after the Knight Ridder report, Vice President Cheney will say during a debate with vice-presidential opponent John Edwards (D-NC) that al-Zarqawi was based in Baghdad both before and after the March 2003 invasion, a claim that is demonstrably false (see October 5, 2004).

Entity Tags: Richard (“Dick”) Cheney, George W. Bush, Donald Rumsfeld, Abu Musab al-Zarqawi, Bush administration (43), Knight Ridder Newspapers, Saddam Hussein, Al-Qaeda, Osama bin Laden

Timeline Tags: Iraq under US Occupation

In a vice-presidential debate between Vice President Cheney and Senator John Edwards, Cheney says of Islamist militant Abu Musab al-Zarqawi: “We know he was running a terrorist camp, training terrorists in Afghanistan prior to 9/11. We know that when we went into Afghanistan that he then migrated to Baghdad. He set up shop in Baghdad, where he oversaw the poisons facility up at Khurmal, where the terrorists were developing ricin and other deadly substances to use.… He was, in fact, in Baghdad before the war, and he’s in Baghdad now after the war.” [Commission on Presidential Debates, 10/5/2004] It is true that al-Zarqawi was running a camp in Afghanistan prior to 9/11 (see Early 2000-December 2001). But just days before this debate, the CIA gave Cheney a new report about possible links between al-Zarqawi and Saddam Hussein’s government, a report that Cheney himself had requested several months before (see October 4, 2004). The report doubts there were any such links, and also doubts that al-Zarqawi was in Baghdad getting medical treatment in the months before the Iraq war (see October 4, 2004). [Knight Ridder, 10/4/2004]

Entity Tags: Abu Musab al-Zarqawi, Richard (“Dick”) Cheney, Central Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

Judge Thomas Hogan holds New York Times reporter Judith Miller in contempt for refusing to answer a subpoena from the grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see August 12, 2004 and After). [Washington Post, 7/3/2007; Reporters Committee for Freedom of the Press, 11/19/2009] Hogan orders Miller jailed for up to 18 months after she informs him she will not answer questions from special counsel Patrick Fitzgerald about her conversations with officials. In turn, Hogan says Miller has no special right as a reporter to defy a subpoena in a criminal investigation. Hogan rules that he is satisfied Fitzgerald has exhausted other avenues of determining key information about the Plame Wilson identity leak, and that his questioning of journalists is a last resort rather than a “fishing expedition,” as the Times has argued. “The special counsel has made a limited, deferential approach to the press in this matter,” Hogan says. He goes on to note that journalists’ promise to protect their sources is outweighed by the government’s duty to investigate a serious crime. In a 1972 decision, the Supreme Court ruled that the First Amendment does not protect reporters called before a criminal grand jury. “We have a classic confrontation between conflicting interests,” Hogan says. Miller remains free on bond while the Times appeals his decision. After the ruling, Miller tells a group of reporters: “It’s really frightening when journalists can be put in jail for doing their job effectively. This is about all journalists and about all government officials who provide information on the promise of confidentiality. Without that, they won’t come forward, and the public won’t be informed.” Times executive editor Bill Keller says he is disturbed that Bush administration officials had been asked by their superiors in this case to sign waivers of confidentiality agreements with reporters (see January 2-5, 2004). “This is going to become all the rage in corporate and government circles,” he says. “It’s really spooky.” [CBS News, 10/7/2004; Washington Post, 10/8/2004]

Entity Tags: Judith Miller, Bill Keller, Thomas Hogan, Bush administration (43), Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Wangari Maathai.Wangari Maathai. [Source: AFP / Front Page Magazine]Conservative pundit David Horowitz, the founder and editor of Front Page Magazine, calls Nobel Peace Prize laureate Wangari Maathai a “black racist” for her speculations that the AIDS virus may have been created in a laboratory. Maathai, a Kenyan ecologist and environmental activist, says: “Some say that AIDS came from the monkeys, and I doubt that because we have been living with monkeys [since] time immemorial, others say it was a curse from God, but I say it cannot be that. Us black people are dying more than any other people in this planet.… It’s true that there are some people who create agents to wipe out other people. If there were no such people, we could have not have invaded Iraq. We invaded Iraq because we believed that Saddam Hussein had made, or was in the process of creating, agents of biological warfare. In fact it [the HIV virus] is created by a scientist for biological warfare.… Why has there been so much secrecy about AIDS? When you ask where did the virus come from, it raises a lot of flags. That makes me suspicious.” A US State Department official says the US does not agree with Maathai’s claims about AIDS. Horowitz responds to Maathai’s speculations by posting an article on the Front Page Web site entitled “Black Racist Wins Nobel Prize (Thanks to the Leftwing Racists on the Nobel Committee).” [Australian Broadcasting Corporation, 10/9/2004; Front Page Magazine, 10/9/2004; Media Matters, 12/1/2004] Four days later, Horowitz features an article by Front Page author Ben Johnson entitled “Nobel Hates Whitey,” in which Johnson calls Maathai “a paranoid, anti-white, anti-Western crusader for international socialism.” Johnson interprets Maathai’s words to mean that, in his phrasing, “white devils” concocted AIDS to eradicate blacks. He terms her claims “blood libel,” accuses her of fomenting violence against Kenyan police, and says she has worked with environmentalists at the United Nations to promote “global socialism.” [Front Page Magazine, 10/13/2004]

Entity Tags: Ben Johnson, Wangari Maathai, David Horowitz

Timeline Tags: Domestic Propaganda

Accused terrorist Yaser Esam Hamdi returns to Saudi Arabia aboard a US military jet. Earlier in 2004, the US Supreme Court ruled that the US government could not continue to hold Hamdi, a US citizen, as an enemy combatant without allowing him to challenge that status (see June 28, 2004). The US government was still free to bring charges against him but instead chose to negotiate with his attorneys about a release. In exchange for his release, Hamdi agrees to renounce his US citizenship and pledge never to travel to Afghanistan, Iraq, Israel, Pakistan, Syria, the Palestinian West Bank, or Gaza. He must also report any intent to travel outside Saudi Arabia. [CNN, 10/14/2004]
'Shocking Admission' of Lack of Criminal Case against Hamdi - Andrew Cohen comments in the Los Angeles Times, “If Hamdi is such a minor threat today that he can go back to the Middle East without a trial or any other proceeding, it’s hard not to wonder whether the government has been crying wolf all these years.” He calls the release “a shocking admission from the government that there is not now, and probably never has been, a viable criminal case against Hamdi.” [Los Angeles Times, 8/16/2004]
Hamdi Case Used to Set Favorable Precedent? - Author and reporter Charlie Savage will agree with Cohen. “Hamdi’s release meant that a prisoner who the White House had once sworn was too dangerous to be allowed access to a lawyer was now going free—just like hundreds of prisoners from Guantanamo who were held without trial for years and then quietly released,” Savage will write. He will note that many administration critics believe Hamdi’s case had been used as a tool by the administration to get a favorable judicial precedent and, once that precedent had been put in place, the administration had no more use for Hamdi and threw him out of the country rather than actually continue with a problematic trial or legal proceeding. [Savage, 2007, pp. 199-200]

Entity Tags: Charlie Savage, Yaser Esam Hamdi, Andrew Cohen

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

Abdurahman Alamoudi.Abdurahman Alamoudi. [Source: Wikipedia/ public domain]Muslim activist Abdurahman Alamoudi is sentenced to 23 years in prison in the US for illegal dealings with Libya. Charges include that he was involved in a complex plot to kill Crown Price Abdullah, the de facto ruler of Saudi Arabia. Prosecutors successfully argued that Alamoudi served as a go-between Saudi dissidents and Libyan officials involved in the plot. Alamoudi admitted that he illegally moved money from Libya, taking nearly $1 million and using it to pay conspirators. The plot, thought to stem from a personality dispute between the leaders of Libya and Saudi Arabia, was ultimately foiled by the Saudi government. The Washington Post notes that Alamoudi was “one of America’s best-known Muslim activists—a former head of the American Muslim Council who met with senior Clinton and Bush administration officials in his efforts to bolster Muslim political prominence.” He was “once so prominent that his influence reached the highest levels of the US government.” Alamoudi is said to be cooperating with US investigators as part of the deal. It is believed that his testimony could be very useful to an ongoing probe of the SAAR network, since he was closely involved with that network (see March 20, 2002). [Washington Post, 10/16/2004]

Entity Tags: SAAR Foundation, Abdurahman Alamoudi

Timeline Tags: Complete 911 Timeline

Islamist militant leader Abu Musab al-Zarqawi and his group al-Tawhid pledges loyalty to bin Laden in a statement posted on the Internet. He states, [Let it be known that] al-Tawhid pledges both its leaders and its soldiers to the mujahid commander, Sheikh Osama bin Laden…” [Bergen, 2006, pp. 364] Bin Laden and al-Zarqawi began discussing the possibility of an alliance in early 2004 (see Early 2004). There had been other occasional contacts and linkages between al-Zarqawi and his group in years past, but al-Zarqawi had generally maintained his independence from al-Qaeda. Just one month earlier, al-Zarqawi stated, “I have not sworn allegiance to [bin Laden] and I am not working within the framework of his organization.” [Newsweek, 4/4/2005] The Atlantic Monthly will later report that at the same time al-Zarqwai made his loyalty oath, he also “proclaimed himself to be the ‘Emir of al-Qaeda’s Operations in the Land of Mesopotamia,’ a title that subordinated him to bin Laden but at the same time placed him firmly on the global stage. One explanation for this coming together of these two former antagonists was simple: al-Zarqawi profited from the al-Qaeda franchise, and bin Laden needed a presence in Iraq. Another explanation is more complex: bin Laden laid claim to al-Zarqawi in the hopes of forestalling his emergence as the single most important terrorist figure in the world, and al-Zarqawi accepted bin Laden’s endorsement to augment his credibility and to strengthen his grip on the Iraqi tribes. Both explanations are true. It was a pragmatic alliance, but tenuous from the start.” [Atlantic Monthly, 6/8/2006] In December 2004, an audiotape said to be the voice of bin Laden acknowledges al-Zarqawi’s comments. “It should be known that the mujahid brother Abu Musab al-Zarqawi is the emir of the al-Qaeda organization in [Iraq]. The brothers in the group there should heed his orders and obey him in all that which is good.” [Bergen, 2006, pp. 364-365]

Entity Tags: Al-Tawhid, Abu Musab al-Zarqawi, Al-Qaeda in Iraq, Osama bin Laden

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Iraq under US Occupation

Noor Uthman Muhammed, a detainee being held at Guantanamo, disputes many of the allegations made against him at a combatant status review tribunal hearing to determine if he is an enemy combatant. Muhammed admits receiving and giving military training at Khalden Camp in Afghanistan, buying food for the camp, and being captured with training camp facilitator Abu Zubaida (see March 28, 2002). However, he contests many of the charges, and he denies:
bullet Handling one of the weapons he is accused of using, the Zukair anti-aircraft weapon, which he says he has never heard of;
bullet Procuring a fax machine for Osama bin Laden. He did attempt to buy a piece of similar equipment, but the deal did not go through and the equipment was for himself, not bin Laden, who he has never met;
bullet Being assisted in his escape from Afghanistan by a senior al-Qaeda lieutenant. When he asks for the lieutenant’s name, the military officials are unable to provide it;
bullet Having a Somali passport;
bullet Being associated with al-Qaeda. He comments: “I have no knowledge of al-Qaeda, and I don’t know anybody from there. But if you want to say that I’m Muslim and want to make-believe I belong to al-Qaeda, then that is something different”;
bullet Being associated with the Taliban. He comments: “I don’t know anything about the Taliban. I never carried arms with them.” [US Department of Defense, 2004 pdf file]

Entity Tags: Noor Uthman Muhammed, Guantanamo Bay Naval Base

Timeline Tags: Torture of US Captives

Fawzi Khalid Abdullah Fahad al-Odah.Fawzi Khalid Abdullah Fahad al-Odah. [Source: Cageprisoners]US District Judge Colleen Kollar-Kotelly rules on a lawsuit filed by three Kuwaiti detainees at Guantanamo: Mohammed Ahmed al-Kandari, Khalid Abdullah Mishal al-Mutairi, and Fawzi Khalid Abdullah Fahad al-Odah. She rules that detainees should be permitted to communicate with their lawyers without the government listening in on their conversations. She says the government’s attempt to wire-tap detainee-attorney communications threatens to “erode [the] bedrock principle” of attorney-client privilege. She says the government is defending its position with “a flimsy assemblage” of arguments. “The government has supplied only the most slender legal support for its argument, which cannot withstand the weight of the authority surrounding the importance of the attorney-client privilege.” [Reuters, 10/20/2004] The three Kuwaitis, Judge Kollar states, “have been detained virtually incommunicado for nearly three years without being charged with any crime. To say that their ability to investigate the circumstances surrounding their capture and detention is ‘seriously impaired’ is an understatement.” [Associated Press, 10/21/2004] She does concede, however, that lawyers for the Guantanamo detainees are required to disclose to the government any information from their client involving future threats to national security. [Reuters, 10/20/2004]

Entity Tags: Fawzi Khalid Abdullah Fahad al-Odah, Mohammed Ahmed al-Kandari, Khalid Abdullah Mishal al-Mutairi, Colleen Kollar-Kotelly, James L. Pohl

Timeline Tags: Torture of US Captives, Civil Liberties

A 1996 photograph of one of the Al Qaqaa storage bunkers.A 1996 photograph of one of the Al Qaqaa storage bunkers. [Source: New York Times]The US media learns that Iraq’s interim government reports that nearly 380 tons of powerful conventional explosives, used to demolish buildings, make missile warheads, and detonate nuclear weapons, are missing from a former military installation (see October 10, 2004). The facility, Al Qaqaa, was supposed to be under US control but in reality is “a no-man’s land,” in the words of the New York Times, “picked over by looters as recently as” October 24. UN inspectors and the International Atomic Energy Agency (IAEA) had monitored the huge cache of explosives for years. The IAEA says that machine tools usable for either nuclear or non-nuclear purposes are also missing. White House and Pentagon inspectors admit that the explosives disappeared some time after the US-led invasion of Iraq. National Security Adviser Condoleezza Rice was informed of the missing explosives within the last month; according to the Times, “[i]t is unclear whether President Bush was informed.” US officials began answering questions about the missing explosives after reporters from the Times and CBS’s “60 Minutes” began asking questions. The CIA’s Iraq Survey Group has been asked to investigate the disappearance.
Similar Explosives Used in Other Terrorist Attacks - The immediate concern, according to US officials, is the explosives’ possible use in major bombing attacks against American and/or Iraqi forces. The explosives, mainly HMX and RDX, can be used in bombs strong enough to destroy airplanes or large buildings. The Times notes that the bomb that brought down Pan Am Flight 103 over Lockerbie, Scotland (see After December 21, 1988) used less than a pound of such explosive. Larger amounts of the same kinds of explosives were used in the November 2003 Riyadh bombings (see May 12, 2003) and a September 1999 bombing of a Moscow apartment complex (see September 9, 1999 and September 13, 1999). The explosives can also be used to trigger a nuclear weapon, the primary reason why it had been, until the invasion, monitored by UN inspectors from the IAEA.
Repeated IAEA Warnings - The IAEA had publicly warned about the danger of the Al Qaqaa explosives before the invasion, and after the overthrow of the Iraqi government, IAEA officials specifically told US officials that they needed to keep the facility locked down (see May 2003). Pentagon spokesman Lawrence Di Rita says that the missing explosives need to be kept in perspective, as US and allied forces “have discovered and destroyed perhaps thousands of tons of ordnance of all types.” Iraq’s Minister of Science and Technology, Dr. Rashad Omar, tells Times and CBS reporters: “Yes, they [the 380 tons of explosives] are missing. We don’t know what happened.” Omar says that after the invasion, Al Qaqaa was the responsibility of the Coalition Provisional Authority, which served as Iraq’s de facto government until June 2004 (see June 28, 2004). “After the collapse of the regime, our liberation, everything was under the coalition forces, under their control,” he says. “So probably they can answer this question, what happened to the materials.” The CPA is defunct; Bush administration officials say they don’t know where the explosives could be. One senior official says that the Qaqaa complex was listed as a “medium priority” site on the CIA’s list of more than 500 sites that needed to be searched and secured during the invasion. “Should we have gone there? Definitely,” says one senior official. Another senior official says that US soldiers gave the Qaqaa facility a cursory inspection during the push towards Baghdad in early April, but “saw no bunkers bearing the IAEA seal.”
Refusal to Allow IAEA Inspections after Occupation - Satellite photos taken in late 2003 showed that two of the ten bunkers containing HMX had exploded, presumably from bombing during the US offensive, but eight remained relatively intact. The Bush administration refused to let the IAEA back into Iraq to inspect and verify the Qaqaa facility or any of the other stockpiles formerly monitored by IAEA officials. By May 2004, the IAEA was warning CPA officials that the facility had probably been looted (see May 2004).
More Unguarded Stockpiles - Iraq is dotted with unguarded stockpiles of explosives, say US military and administration officials. One senior administration official notes, “The only reason this stockpile was under seal is because it was located at Al Qaqaa,” where nuclear work had gone on years ago. [New York Times, 10/25/2004]

Entity Tags: Lawrence Di Rita, New York Times, Condoleezza Rice, Coalition Provisional Authority, CBS News, Rashad Omar, US Department of Defense, International Atomic Energy Agency

Timeline Tags: Iraq under US Occupation

James Pavitt.
James Pavitt. [Source: Publicity photo]James Pavitt, the CIA’s Deputy Director of Operations, states, “Given what we now know, in all the hindsight of the year 2004, I still do not believe we could have stopped the [9/11] attacks.” [New York Times, 10/27/2004] Pavitt is said to be heavily criticized in a still-classified CIA report about that agency’s failures to stop the 9/11 attacks (see January 7, 2005).

Entity Tags: Central Intelligence Agency, James Pavitt

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bin Laden makes his Towers of Lebanon speech.Bin Laden makes his Towers of Lebanon speech. [Source: Al-Jazeera]Four days before the presidential election in the US, Osama bin Laden releases a new video in which he addresses the US people and alludes to his role in 9/11. The tape was handed to an employee at Al Jazeera’s bureau in Islamabad, Pakistan, on the day it was broadcast. [MSNBC, 10/30/2004]
Bin Laden Had Idea of 'Destroying Towers in America' - In his strongest admission yet that he was involved in planning 9/11, bin Laden says, “Allah knows that the plan of striking the towers had not occurred to us, but the idea came to me when things went just too far with the American-Israeli alliance’s oppression and atrocities against our people in Palestine and Lebanon.” After likening the US and Israel to “a crocodile devouring a child,” he continues, “As I looked at those destroyed towers in Lebanon, it occurred to me to punish the oppressor in kind by destroying towers in America, so that it would have a taste of its own medicine and would be prevented from killing our women and children.” He attempts to isolate the US from other Western countries, pointing out that “security is one of the pillars of human life” and that al-Qaeda has not attacked Sweden, for example, because Sweden has not attacked the Middle East. “If the US leaves Muslims alone, they will leave it alone.”
Criticizes Bush's Inaction on 9/11 - Bin Laden is critical of President Bush and his inaction on 9/11, saying: “It did not occur to us that the commander in chief of the American armed forces would leave fifty thousand of his citizens in the two towers to face this great horror on their own, just when they needed him most. It seems that a little girl’s story about a goat and its butting was more important than dealing with airplanes and their butting into skyscrapers.” He comments that the Bush administration favors certain corporations and has mismanaged public funds: “To some analysts and diplomats, it seems as if we and the White House are on the same team shooting at the United States’ own goal, despite our different intentions.” He concludes: “I say unto you in truth that your security lies not in the hands of Kerry, Bush, or al-Qaeda. It lies in your own hands, and whichever state does not encroach on our security thereby ensures its own. Allah is our master; you have none. Peace be upon those who follow true guidance.” [Laden, 2005, pp. 237-244]
Speech Will Benefit Bush - Despite the criticism of Bush in the speech, most commentators think it will actually help Bush get reelected. For example, Time magazine correspondent Karen Tumulty says: “I find it hard to find any way that this helps John Kerry. What we’ve seen over and over and over again is that when terrorism is the topic, and when people are reminded of 9/11, Bush’s numbers go up.” [CNN, 10/29/2004] The CIA also concludes this is what bin Laden intended (see October 29, 2004). And on this evening, an aide brings up the new bin Laden video tape to Bush’s senior adviser Karl Rove, who is with the president in Ohio, campaigning for the election. “This has the feel of something,” Rove says slowly, “that’s not gonna hurt us at all.” [Draper, 2007, pp. 263]

Entity Tags: Karen Tumulty, Karl C. Rove, George W. Bush, John Kerry, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 2004 Elections

Roughly around 2004, the CIA suspects that Osama bin Laden has moved from the mountains of Pakistan or Afghanistan to an urban area in Pakistan. Marty Martin leads the CIA’s hunt for bin Laden from 2002 to 2004. After bin Laden’s death in 2011, he will say: “We could see from his videos what his circumstances were. In the immediate years [after bin Laden’s escape from Tora Bora in late 2001] he looked battle fatigued and on the run. He didn’t look healthy. We knew he was moving. But where? We simply didn’t know. Then, he gained weight and looked healthy. I told my analysts, ‘He’s gone urban, moved somewhere stable and safe.’” [ABC News, 5/19/2011] The only publicly known video of bin Laden after December 2001 is one released in October 2004, so Martin presumably is referring to that (see December 26, 2001 and October 29, 2004).

Entity Tags: Osama bin Laden, Marty Martin, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Senator John McCain (R-AZ) says, “[Osama] bin Laden may have just given us a little boost. Amazing, huh?” He is referring to the videotape of bin Laden giving a speech that was released just four days before the 2004 US presidential elections (see October 29, 2004), and two days prior to his comment. McCain clarifies, “[The video] is helpful to President Bush because it puts the focus on the war on terrorism.” The CIA and other intelligence agency analysts also agree that the video helps Bush win reelection, and that that was bin Laden’s intention (see October 29, 2004). [The Hour, 10/31/2004]

Entity Tags: Osama bin Laden, John McCain, George W. Bush

Timeline Tags: Complete 911 Timeline, 2004 Elections

The New York Times agrees to a White House request to withhold publication of a potential “bombshell” story: an in-depth article revealing an enormous, and possibly illegal, warrantless wiretapping program executed by the NSA at President Bush’s behest after the 9/11 attacks. The Times will publish the story almost a year later (see December 15, 2005). In August 2006, the Times’s public editor, Byron Calame, will confirm the delay, and note that he has been “increasingly intrigued” by the various descriptions of the delay by Times editor Bill Keller (see December 16, 2005) and others. Keller will tell Calame that, contrary to some statements he and others have made, the story was originally scheduled to be published just days before the November 2004 presidential election. “The climactic discussion about whether to publish was right on the eve of the election,” Keller will say, though he will refuse to explain why he makes the final decision to hold the story. However, he will say that at this time he is not sure the story’s sources are reliable enough to warrant its publication before a close election. [New York Times, 8/13/2006]

Entity Tags: Bush administration (43), Bill Keller, New York Times, Byron Calame, National Security Agency

Timeline Tags: Civil Liberties

Salim Ahmed Hamdan.Salim Ahmed Hamdan. [Source: Public domain]US District Judge James Robertson rules that the Combatant Status Review Tribunal being held at the Guantanamo base in Cuba to determine the status of detainee Salim Ahmed Hamdan is unlawful and cannot continue. At the time of the decision, Hamdan is before the Guantanamo military commission. [Washington Post, 11/9/2004; USA Today, 11/9/2004] The commission system, as set up by White House lawyers David Addington and Timothy Flanigan three years before (see Late October 2001), gives accused terrorists such as Hamdan virtually no rights; in author and reporter Charlie Savage’s words, “the [Bush] administration had crafted rules that would make it easy for prosecutors to win cases.” [Savage, 2007, pp. 195-196]
Violation of Geneva Conventions - Robertson, in his 45-page opinion, says the government should have conducted special hearings to determine whether detainees qualified for prisoner-of-war protections under the Geneva Conventions at the time of capture. [USA Today, 11/9/2004] He says that the Bush administration violated the Geneva Conventions when it designated prisoners as enemy combatants, denied them POW protections, and sent them to Guantanamo. [Boston Globe, 11/9/2004] The Combatant Status Review Tribunals that are currently being held in response to a recent Supreme Court decision (see June 28, 2004) are inadequate, Robertson says, because their purpose is to determine whether detainees are enemy combatants, not POWs, as required by the Third Geneva Convention. [USA Today, 11/9/2004]
Rejects Claims of Presidential Power - Robertson also rejects the administration’s claim that the courts must defer to the president in a time of war. “The president is not a ‘tribunal,’” the judge says. [USA Today, 11/9/2004] Robertson, a Clinton appointee, thus squarely opposes both the president’s military order of November 13, 2001 (see November 13, 2001) establishing the possibility of trial by military tribunal, and his executive order of February 7, 2002 (see February 7, 2002) declaring that the Geneva Conventions do not to apply to Taliban and al-Qaeda prisoners. “The government has asserted a position starkly different from the positions and behavior of the United States in previous conflicts,” Robertson writes, “one that can only weaken the United States’ own ability to demand application of the Geneva Conventions to Americans captured during armed conflicts abroad.” [USA Today, 11/9/2004; Washington Post, 11/9/2004; Boston Globe, 11/9/2004]
Orders Military Courts-Martial - Robertson orders that until the government conducts a hearing for Hamdan before a competent tribunal in accordance with the Third Geneva Conventions, he can only be tried in courts-martial, according to the same long-established military rules that apply to trials for US soldiers. [Washington Post, 11/9/2004; Boston Globe, 11/9/2004] Robertson’s ruling is the first by a federal judge to assert that the commissions are illegal. [Washington Post, 11/9/2004]
Hearings Immediately Recessed - When word of Robertson’s ruling comes to Guantanamo, Colonel Peter Brownback, presiding over a pretrial hearing for Hamdan, immediately gavels the hearing closed, declaring an “indefinite recess” for the tribunal. [Savage, 2007, pp. 195-196]
Ruling Applauded by Civil Libertarians, Rejected by Bush Lawyers - Anthony Romero, director of the American Civil Liberties Union; Eugene Fidell, president of the National Institute of Military Justice; and Michael Ratner, president of the Center for Constitutional Rights, all applaud Robertson’s ruling. [Boston Globe, 11/9/2004] The Bush administration rejects the court’s ruling and announces its intention to submit a request to a higher court for an emergency stay and reversal of the decision. “We vigorously disagree.… The judge has put terrorism on the same legal footing as legitimate methods of waging war,” Justice Department spokesman Mark Corallo says. “The Constitution entrusts to the president the responsibility to safeguard the nation’s security. The Department of Justice will continue to defend the president’s ability and authority under the Constitution to fulfill that duty.” [Washington Post, 11/9/2004; Boston Globe, 11/9/2004] He also says that the commission rules were “carefully crafted to protect America from terrorists while affording those charged with violations of the laws of war with fair process.” [Boston Globe, 11/9/2004]
Ruling May Affect Other Detainees - Though the ruling technically only applies to Hamdan, his civilian attorney, Neal Katyal, says it could affect other detainees. “The judge’s order is designed only to deal with Mr. Hamdan’s case,” Katyal says. “But the spirit of it… extends more broadly to potentially everything that is going on here at Guantanamo.” [USA Today, 11/9/2004]

Entity Tags: Mark Corallo, Neal Katyal, James Robertson, George W. Bush, Anthony D. Romero, Peter Brownback, Charlie Savage, US Supreme Court, American Civil Liberties Union, Salim Ahmed Hamdan

Timeline Tags: Torture of US Captives, Civil Liberties

Referring to the recent appointment of former White House counsel Alberto Gonzales as US Attorney General (see November 10, 2004), retired chief judge of the Army Court of Appeals Brigadier General James Cullen says, “When you encounter a person who is willing to twist the law… even though for perhaps good reasons, you have to say you’re really undermining the law itself.” [Village Voice, 11/29/2004]

Entity Tags: James Cullen, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

US News and World Report senior writer Michael Barone accuses Democratic pollster Anna Greenberg of “blood libel on the American people” in response to Greenberg’s claim that the 1988 Bush campaign ads featuring convicted murderer Willie Horton were examples of “racial politics” (see September 21 - October 4, 1988). The progressive media watchdog organization Media Matters will note that the phrase “blood libel” specifically denotes accusations that a particular group, often Jews, practices human sacrifice, and cites one famous (and entirely false) allegation that “Jews kill Christian and Muslim children and use their blood to make Passover matzohs.” Barone and Greenberg are panelists on the evening’s edition of The Kalb Report, a panel discussion on C-SPAN hosted by journalist and author Marvin Kalb. The topic of the current discussion is “A Post-Election Analysis: Values, Religion, Politics, and the Media.” Greenberg calls the Horton ads examples of “racial politics in the 1980s,” to which Barone says in response: “I think this whole Willie Horton thing is a slur on the American people. The argument has been made by Democrats and liberals that the Bush campaign in ‘88 supposedly showed pictures of this man. It did not. There was an independent expenditure ad that did. But they did not. They showed white prisoners in the ad. And the argument against [1988 Democratic presidential candidate] Michael Dukakis, which he never effectively countered because there is no effective counter, is that giving furlough to people who have life without parole is a position that Dukakis defended over 11 years as governor of Massachusetts or governor candidate, is a crazy law, and he supported it over 11 years. You don’t have to be a racist to want a murderer, whatever his race, to stay in jail and not be allowed outside on the weekend. To say that the American people were racist and they just want black people in, is blood libel on the American people.” Barone is incorrect in saying that Horton’s picture was never used in the ads (it was not used in official Bush campaign ads, but it was used in ads by purportedly “independent” organizations supporting the Bush candidacy), and he fails to note that while Dukakis indeed supported the Massachusetts furlough law that allowed Horton the freedom to commit felonies even after being sent to jail for murder, he did not enact the law. Media Matters will note that the Horton ads have long been accepted as strong examples of racial politics, including a 1995 statement from Secretary of State Colin Powell who called the ads “racist.” [Media Matters, 11/17/2004]

Entity Tags: Media Matters, Anna Greenberg, Colin Powell, Michael Barone, George Herbert Walker Bush, William (“Willie”) Horton, Marvin Kalb, Michael Dukakis

Timeline Tags: Domestic Propaganda

CIA Director Porter Goss, known for being dogmatically loyal to the White House (see September 25, 2003 and November-December 2004), responds to the recent spate of leaked CIA memos (see September 16, 2004, September 28, 2004, and October 4, 2004) by issuing a memo reminding agency staff that they should “scrupulously honor our secrecy oath.” The memo is leaked to the press the next day. Goss says, “Intelligence-related issues have become the fodder of partisan food fights and turf-power skirmishes.” Goss warns that agency officials must publicly support Bush administration policies: “As agency employees we do not identify with, support or champion opposition to the administration or its policies,” Goss writes. His intention is, he writes, “to clarify beyond doubt the rules of the road.” Goss’s words may indicate that CIA employees must conform with administration policies and goals, but he also writes, “We provide the intelligence as we see it—and let the facts alone speak to the policymaker.” Many critics of the agency and its leadership say that Goss’s memo is part of his attempt to squelch dissent within the agency’s ranks. “If Goss is asking people to color their views and be a team player, that’s not what people at CIA signed up for,” says a former intelligence official. Ron Wyden (D-OR), a member of the Senate Intelligence Committee, says that “on issue after issue, there’s a real question about whether the country and the Congress are going to get an unvarnished picture of our intelligence situation at a critical time.” [New York Times, 11/17/2004; Roberts, 2008, pp. 153]

Entity Tags: Bush administration (43), Porter J. Goss, Senate Intelligence Committee, Central Intelligence Agency, Ron Wyden

Timeline Tags: Iraq under US Occupation

A still from the advertisement featuring Terrell Owens and Nicollete Sheridan.A still from the advertisement featuring Terrell Owens and Nicollete Sheridan. [Source: ESPN]Author Sam Francis (see September 1995), in a column originally published on the white supremacist Web site VDare.com, criticizes the broadcast of an ESPN ad featuring a white actress kissing a black football player, and says the ad promotes the “fairly radical concept” that “interracial sex is normal and legitimate.” The ad features “white sexpot Nicolette Sheridan… smooching up to black football star Terrell Owens in the locker room of the Philadelphia Eagles.” Francis calls the ad “an intentional act of moral subversion,” and continues: “[T]he Owens-Sheridan ad was interracial and brazenly so—if only morals and taste had been the targets, the producers could easily have found white actresses who are less obviously Nordic than the golden-locked Miss Sheridan, but Nordic is what the ad’s producers no doubt wanted.… The message of the ad was that the white women are eager to have sex with black men, that they should be eager, and that black men should take them up on it.” Francis goes on to say the ad would have been less objectionable had the two people involved been of the same race. Instead: “[T]he ad’s message also was that interracial sex is normal and legitimate, a fairly radical concept for both the dominant media as well as its audience. Nevertheless, for decades, interracial couples of different sexes have been sneaked into advertising, movies, and television series, and almost certainly not because of popular demand from either race. The Owens-Sheridan match is only the most notorious to date. In the minds of those who produced the ad, race is at least as important as the moral and aesthetic norms their ad subverts. To them, the race as well as the religion, the morality, and the culture of the host society are all equally hostile and oppressive forces that need to be discredited, debunked, and destroyed. If the destruction can’t happen at the polls or through the courts, they can always use the long march through the culture that control of the mass media allows. Breaking down the sexual barriers between the races is a major weapon of cultural destruction because it means the dissolution of the cultural boundaries that define breeding and the family and, ultimately, the transmission and survival of the culture itself.” Francis’s article is given national distribution by Creators Syndicate, prompting an outcry against Francis’s apparent belief that interracial sex is immoral. Creators Syndicate editor Anthony Zurcher says that while he does not personally agree with Francis’s column, he does not find it “so reprehensible” that it should not have been syndicated. Francis’s article is archived at, among other places, the Web site of the American Renaissance movement, an openly “racialist” group calling for white separatism and the enforced oppression of non-whites in the US. [American Renaissance, 11/26/2004; Media Matters, 12/10/2004] David Brock, the president of the progressive media watchdog organization Media Matters, writes in a letter to Creators Syndicate: “We strongly condemn the clear bigotry in this column and assume that newspaper editors across the country feel the same way, as a search of newspapers available on Nexis revealed that none have chosen to run the column. Regardless, Creators’ willingness to distribute such abhorrent views calls into question the syndicate’s ethical and editorial standards.” [Media Matters, 12/7/2004]

Entity Tags: Nicolette Sheridan, Anthony Zurcher, American Renaissance, Creators Syndicate, Sam Francis, David Brock, Terrell Owens

Timeline Tags: Domestic Propaganda

The press reports that Terry Nichols, convicted on federal and state charges surrounding the 1995 Oklahoma City bombing (see December 23, 1997 and May 26, 2004), admitted to his involvement in the conspiracy to blow up the Murrah Federal Building during secret plea negotiations in 2003. Presumably these were the negotiations where prosecutors ultimately rejected an offer by Nichols’s lawyers for Nichols to plead “no content” to the 161 charges of first-degree murder in return for being spared the death penalty (see February 17, 2004). Nichols signed a statement acknowledging helping bomber Timothy McVeigh (see December 23, 1997 and June 4, 1998) construct the bomb, though he denied having any prior knowledge of the target (see April 11, 1995) or knowing any other co-conspirators (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After). Prosecutors now say they never believed Nichols was being entirely truthful in his plea offer. [New York Times, 11/30/2004; The Oklahoman, 4/2009]

Entity Tags: Murrah Federal Building, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Daniel Levin.Daniel Levin. [Source: ABC News]Daniel Levin, the acting chief of the Justice Department’s Office of Legal Counsel (OLC), goes to a military base near Washington and has himself subjected to simulated waterboarding to judge for himself whether or not the interrogation tactic is torture. Levin then tells White House officials that he found the experience terrifying, and he is sure it simulates drowning. Levin concludes that waterboarding clearly qualifies as torture and should not be used by US personnel except in a highly limited and closely supervised fashion. Levin, who like his predecessor Jack Goldsmith (see June 17, 2004) is deeply troubled by the White House’s advocacy of torture as a method of securing information from terror suspects, and by its refusal to issue clear guidelines as to what is and what is not torture, decides to prepare a memo—legally binding—to replace the August 2002 Justice Department memo that established torture as an acceptable method of interrogation. Goldsmith had already withdrawn the memo after finding it deeply flawed (see December 2003-June 2004). In December 2004, Levin issues his new memo, which flatly states that “[t]orture is abhorrent” (see December 30, 2004), but he notes that the Justice Department is not declaring any previous positions by the administration illegal. Levin is planning a second memo that will impose tighter restrictions on specific interrogation techniques, but he never gets the chance to complete it. New attorney general Alberto Gonzales forces him out of the department instead, and replaces him with a much more compliant OLC chief, Steven Bradbury (see June 23, 2005). Most experts believe that waterboarding is indeed torture, and that torture is a poor way of extracting accurate information. Retired Rear Admiral John Hutson will say, “There is no question this is torture—this is a technique by which an individual is strapped to a board, elevated by his feet and either dunked into water or water poured over his face over a towel or a blanket.” [ABC News, 11/2/2007; Think Progress, 11/3/2007; GulfNews, 11/5/2007] Gonzales is widely believed to have been selected as the new attorney general in part to ease the way for the Bush administration to continue its support for torture as a valid method of interrogation. Shortly after taking the office, Gonzales pressured Levin to add the footnote exculpating the administration from any legal responsibility for its previous positions, and shortly thereafter, Gonzales has Levin removed from the department. In November 2007, the Washington Post’s editorial board will decry Gonzales’s ouster of Levin, and the administration’s support for torture, as a blatant “disregard for principle.” [Washington Post, 11/6/2007] MSNBC host Keith Olbermann, a harsh critic of the Bush administration, will later call Levin “an astonishingly patriotic American and a brave man.” He will fire a broadside directly at the president: “Daniel Levin should have a statue in his honor in Washington right now. Instead, he was forced out as acting assistant attorney general nearly three years ago because he had the guts to do what George Bush couldn’t do in a million years: actually put himself at risk for the sake of his country, for the sake of what is right.” [MSNBC, 11/5/2007]

Entity Tags: Washington Post, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ), Daniel Levin, Bush administration (43), Keith Olbermann, George W. Bush, John D. Hutson, Jack Goldsmith, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

Senate Minority Leader Harry Reid (D-NV) is accused of racism following remarks he makes about Supreme Court Justice Clarence Thomas on NBC’s Meet the Press. Asked by moderator Tim Russert if he could support conservative Justice Antonin Scalia as chief justice, Reid says Scalia’s ethics problems are troubling and that he disagrees with most of his positions, but adds that Scalia “is one smart guy.” Asked if he could support Thomas, Reid says: “I think that he has been an embarrassment to the Supreme Court. I think that his opinions are poorly written. I don’t—I just don’t think that he’s done a good job as a Supreme Court justice.” [NBC News, 12/5/2004] Conservative pundits are quick to accuse Reid of racism, though he never makes any mention of Thomas’s race. On December 6, Charles Krauthammer tells a Fox News audience: “In the end, you’ve got to ask yourself, why Scalia, good, Thomas, bad in the eyes of a man like Reid. I say it’s the liberal plantation mentality, in which if you’re a man on the right and white, it’s OK. If you are the man on the right and you’re African-American, it’s not.” The same day, Clifford May tells a CNN audience: “Look, Justice Thomas is African-American and he’s conservative. Some people [like Reid] will never forgive that and think that’s an open opportunity to insult him.” During his daytime radio broadcast, talk show host Rush Limbaugh tells his audience: “[I]t’s not a new page in the playbook but it’s certainly not as old as the playbook itself. But it’s been around awhile. That is conservative blacks are inept, a la Clarence Thomas.… You notice how easy it is for these people to be critical of blacks.” Wall Street Journal columnist James Taranto writes that since Reid did not provide examples of Thomas’s “poorly written” opinions, “[i]n the absence of such examples, one can’t help but suspect that the new Senate Democratic leader is simply stereotyping Thomas as unintelligent because he is black.” That evening, Sean Hannity, co-host of Fox’s Hannity and Colmes, tells his listeners that Democrats routinely attack minority conservatives such as Thomas, National Security Adviser Condoleezza Rice, and federal judge nominee Miguel Estrada, and adds: “What I see is Democrats oppose African-Americans that are conservative, but yet they claim to support minority rights. And what I’m saying here is, why, if you’re for the advancement of minorities, why do you oppose every conservative African-American or Hispanic American? Why is this pattern emerging?” On December 7, African-American conservative Armstrong Williams says on Fox’s Hannity and Colmes: “Did you hear those racist remarks from Senator Harry Reid about Justice Thomas?… Harry Reid’s the one—he said Thomas was an embarrassment. He said he cannot write. That is racism.… That is racism, only because of the hue of his skin.… Read his [Reid’s] words. He was a racist.” On December 8, Taranto writes in another Wall Street Journal column, “To try to make Republican judges seem menacing, the Dems could call them ‘extremist’ or ‘out of the mainstream’ (and if the judges happen to be black, add that their opinions are ‘poorly written’).” [Washington Post, 12/6/2004; Media Matters, 12/8/2004] Conservative columnist Ann Coulter will include Reid in her much wider attacks against what she calls “liberal racism” (see December 8, 2004).

Entity Tags: Clarence Thomas, Charles Krauthammer, Antonin Scalia, Ann Coulter, Tim Russert, Sean Hannity, Miguel Estrada, Armstrong Williams, Condoleezza Rice, Clifford May, James Taranto, Harry Reid, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Daniel Levin, the outgoing chief of the Justice Department’s Office of Legal Counsel (OLC—see Late 2004-Early 2005), sends a memo to Deputy Attorney General James Comey. The memo will remain secret, but the American Civil Liberties Union (ACLU) will learn that it provides legal advice on communications between defense attorneys and detainees in combatant status review tribunals. [ProPublica, 4/16/2009]

Entity Tags: US Department of Justice, American Civil Liberties Union, Daniel Levin, James B. Comey Jr., Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Conservative columnist Ann Coulter, in her daily syndicated column, accuses Democrats and liberals of “racism” for criticizing African-American conservatives. Coulter’s column is partly in response to recent remarks by Senate Minority Leader Harry Reid (D-NV) that other conservatives have characterized as racist (see December 5-8, 2004). Coulter expands her criticism well beyond Reid, to accuse African-American columnist Bob Herbert of the New York Times of being a “black liberal” whose criticism of black conservatives is, in her view, racially motivated, and accuses white Times media critic Caryn James of “launching racist attacks on black conservatives” (Coulter mistakenly identifies James as African-American). Coulter begins by referring to comments by the recently deceased Washington Post columnist Mary McGrory, who called Supreme Court Justice Antonin Scalia “a brillant and compelling extremist” and Supreme Court Justice Clarence Thomas (see October 13, 1991) “Scalia’s puppet.” According to Coulter, McGrory’s statement “is the kind of rhetoric liberals are reduced to when they just can’t bring themselves to use the N-word.” Referring to Reid’s characterization of Thomas as the author of “poorly written” Court opinions, Coulter writes, “You’d think Thomas’ opinions were written in ebonics.” She concludes by calling Herbert and James “Uncle Toms.” The same evening, Coulter continues her attacks on Fox News, appearing as a guest on Bill O’Reilly’s broadcast. According to Coulter, liberals “feel like they have blacks on the plantation, they can say whatever they like. And, interestingly, you don’t even hear Hispanic conservatives attacked in the same way that people like Condoleezza Rice and Clarence Thomas are, and—and, I mean, just look at it. Look at what the Democrats’ minority leader in the Senate said this weekend. He praises Scalia as ‘Oh, he’s one smart guy, and his opinions, can’t dispute the logic, though I disagree with them,’ and then he says of Clarence Thomas ‘He’s an embarrassment. His opinions—they’re just poorly written.’” O’Reilly agrees, saying that Democrats who try to “demean people with whom [they] disagree with politically” are “loathsome.” Coulter says that Democrats are “enraged” about the 2004 elections, and in response “they’re lashing out at the blacks.” [Ann Coulter, 12/8/2009; Media Matters, 12/10/2009]

Entity Tags: Caryn James, Ann Coulter, Antonin Scalia, Bob Herbert, Fox News, Mary McGrory, Clarence Thomas, Bill O’Reilly, Harry Reid

Timeline Tags: Domestic Propaganda

Saad al-Fagih.Saad al-Fagih. [Source: PBS]The US and UN designate Saad al-Fagih a global terrorist, but Britain, where he lives, takes no effective action against him. Al-Fagih helped supply bin Laden with a satellite telephone used in the 1998 embassy bombings (see November 1996-Late August 1998). Britain seizes the assets of al-Fagih and his organization, the Movement for Islamic Reform in Arabia. [US Department of the Treasury, 12/21/2004; BBC, 12/24/2004] However, Saudi ambassador to Britain Prince Turki al-Faisal will later complain that the total seized is only ”£20 or something” (note: equivalent of about $39) and that the British government allows al-Fagih to continue to operate openly from London, despite being a specially designated global terrorist (see August 10, 2005). [London Times, 8/10/2005] Britain has long been suspected of harboring Islamic militants in return for them promising not to attack Britain (see August 22, 1998).

Entity Tags: Turki al-Faisal, Saad al-Fagih, Movement for Islamic Reform in Arabia, US Department of the Treasury, United Nations

Timeline Tags: Complete 911 Timeline

The Justice Department issues a 17-page memo which officially replaces the August 2002 memo (see August 1, 2002), which asserted that the president’s wartime powers supersede international anti-torture treaties and defined torture very narrowly, describing it as a tactic that produces pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” The new memo, authored by acting chief of the Office of Legal Counsel (OLC) and Acting Assistant Attorney General Daniel Levin, is ostensibly meant to deflect criticisms that the Bush administration condones torture. In fact, the very first sentence reads, “Torture is abhorrent both to American law and values and to international norms.” But the White House insists that the new memo does not represent a change in policy because the administration has always respected international laws prohibiting the mistreatment of prisoners. The primary concern of the new memo is to broaden the narrow definition of torture that had been used in the August memo. Levin adopts the definition of torture used in Congressional anti-torture laws, which says that torture is the infliction of physical suffering, “even if it does not involve severe physical pain.” But the pain must still be more than “mild and transitory,” the memo says. Like the original memo, Levin says that torture may include mental suffering. But to be considered so it would not have to last for months or years, as OLC lawyers Jay Bybee and John Yoo had asserted two years earlier. The most contested conclusions of the August 2002 memo—concerning the president’s wartime powers and potential legal defense for US personnel charged with war crimes—are not addressed in the Levin memo. “Consideration of the bounds of any such authority would be inconsistent with the president’s unequivocal directive that United States personnel not engage in torture,” the memo says. [US Department of Justice, 12/30/2004 pdf file; Associated Press, 12/31/2004]
National Security Not a Justification for Torture - The memo also attempts to quell concerns that the administration believes national security may be used as justification for tactics that could be considered as torture. It states, “[A] defendant’s motive (to protect national security, for example) is not relevant to the question whether he has acted with the requisite specific intent under the statute.” [US Department of Justice, 12/30/2004 pdf file]
Memo Divided White House Officials - Many in the White House opposed the issuance of the memo, but were rebuffed when other administration officials said the memo was necessary to ease the confirmation of Alberto Gonzales as Attorney General. [New York Times, 10/4/2007]
Torture Opponents Disappointed - Civil libertarians and opponents of torture within the Justice Department are sharply disappointed in the memo. While it gives a marginally less restrictive definition of the pain required to qualify as torture, and gives no legal defenses to anyone who might be charged with war crimes, it takes no position on the president’s authority to override interrogation laws and treaties, and finds that all the practices previously employed by the CIA and military interrogators were and are legal. Yoo will later write that “the differences in the opinions were for appearances’ sake. In the real world of interrogation policy, nothing had changed. The new opinion just reread the statute to deliberately blur the interpretation of torture as a short-term political maneuver in response to public criticism.” [Savage, 2007, pp. 196-197]
Secret Memo Will Allow Waterboarding; Dissidents Purged - A secret memo is completed a short time later that allows such torture techniques as waterboarding to be used again (see February 2005). The Levin memo triggers a department-wide “purge” of dissidents and torture opponents; some will resign voluntarily, while others will resign after being denied expected promotions. [Savage, 2007, pp. 197]

Entity Tags: Office of Legal Counsel (DOJ), Bush administration (43), Daniel Levin, Alberto R. Gonzales, Jay S. Bybee, John C. Yoo

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

The Wall Street Journal reports that a government investigation into activities at Riggs Bank may be hampered because of its “longstanding relationship with the Central Intelligence Agency” (see July 2003). [Wall Street Journal, 12/31/2004] Yet this story attracts almost no mention or follow up in the US media. For instance, the Washington Post, which covers Riggs Bank more than other newspapers because the bank is based in Washington, mentions the CIA connection only in one paragraph near the end of article in the newspaper’s business section two months after the Wall Street Journal article: “Another potential cloud for any acquirer is the bank’s long-standing relationship with the CIA. Sources familiar with the bank’s operations and sources in the intelligence community say that since the 1960s Riggs at least held funds related to CIA operations or agents, and several officers of Riggs had high-level security clearances. However, law enforcement authorities say Riggs’s CIA connections had nothing to do with the bank’s violations of anti-money-laundering laws. And the subject did not arise in the bank’s negotiations with the US attorney for the District over Riggs’s guilty plea, the sources said.” [Washington Post, 2/9/2005] Only Slate appears interested, publishing two stories highlighting the Riggs-CIA connection. In one, it is noted that the connection “invites speculation that the Justice Department might abort the prosecutions lest courtroom brawls reveal more about Riggs and the CIA than the government wants made public.” [Slate, 1/10/2005] The other Slate article will lament, “Where is the rest of the press on the Riggs-CIA connection? Spooks, sheiks, dictators, millions in laundered money, and a $766 million merger in the balance! What does it take to entice an assignment editor these days, a tsunami or something?” [Slate, 1/7/2005]

Entity Tags: Riggs Bank, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, US-Chile (1964-2005)

PBS Frontline releases a chronology of events in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The original source of the chronology is a document given to freelance reporter Ben Fenwick by a disgruntled staff member on the defense team of convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) who was unhappy with the way lead attorney Stephen Jones was handling the case (see August 14-27, 1997). In late March or early April of 1997, shortly before McVeigh’s trial began (see April 24, 1997), Fenwick brings the document to ABC News. The document is titled “Factual Chronology,” and details McVeigh’s movements and activities in the years, days, and months leading up to the bombing. Fenwick reportedly had the document in his possession for several months before approaching ABC with it. PBS Frontline producer Martin Smith, at the time an ABC News employee, saw the document. ABC produces two reports on McVeigh; those reports, along with an article Fenwick wrote for Playboy magazine, were the first to use the chronology as source material. Smith and co-producer Mark Atkinson will later produce a dual biography of McVeigh and co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) using the chronology. Of the document, Smith writes, “This 66-page chronology is extraordinary in that it correlates in great detail with everything I had learned about McVeigh and Nichols and provided a great deal of new detail on McVeigh’s movements and actions in the crucial days and hours leading up to the bombing.” Much of the material in the chronology came directly from McVeigh. Smith writes that the material comprises “a startling confession, outlining in considerable detail how McVeigh prepared and carried out the attack.” He notes that the chronology is “consistent with statements made by McVeigh during dozens of hours of interviews done with him by reporters Lou Michel and Dan Herbeck for their recent book, American Terrorist: Timothy McVeigh and the Oklahoma City Bombing.” The document is labeled as being from Jones’s law firm Jones, Wyatt, & Roberts, and is stamped, “CONFIDENTIAL AND PRIVILEGED MEMORANDUM; ATTORNEY WORK PRODUCT and ATTORNEY/CLIENT COMMUNICATION.” It is labeled as being routed to Jones from Amber McLaughlin and Bob Wyatt, and dated January 22, 1996. [PBS Frontline, 3/2005]

Entity Tags: Lou Michel, Amber McLaughlin, ABC News, Ben Fenwick, Dan Herbeck, Martin Smith, Terry Lynn Nichols, Mark Atkinson, Bob Wyatt, PBS Frontline, Stephen Jones, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Details of an internal CIA report (see June-November 2004) investigating the CIA’s failure to stop the 9/11 attacks are leaked to the New York Times. The report by John Helgerson, the CIA’s inspector general, was completed in June 2004 but remains classified (see June-November 2004). It sharply criticizes former CIA Director George Tenet, as well as former Deputy Director of Operations James Pavitt. It says these two and others failed to meet an acceptable standard of performance, and recommends that an internal review board review their conduct for possible disciplinary action. Cofer Black, head of the CIA’s Counter Terrorism Center at the time of 9/11, is also criticized. However, the New York Times notes that, “It is not clear whether either the agency or the White House has the appetite to reprimand Mr. Tenet, Mr. Pavitt or others.… particularly since President Bush awarded a Medal of Freedom to Mr. Tenet last month.” It is unclear if any reprimands will occur, or even if the final version of the report will point blame at specific individuals. [New York Times, 1/7/2005] In late October 2004, the new CIA Director, Porter Goss, had asked Helgerson to modify the report to avoid drawing conclusions about whether individual CIA officers should be held accountable. [New York Times, 11/2/2004] Helgerson “appears to have accepted [Goss’s] recommendation” and will defer any final judgments to a CIA Accountability Review Board. The final version of the report is said to be completed within weeks. [New York Times, 1/7/2005] However, months pass, and in October 2005, Goss will announce that he is not going to release the report, and also will not convene an accountability board to hold anyone responsible (see October 10, 2005), although an executive summary will be released in 2007 (see August 21, 2007).

Entity Tags: John Helgerson, George W. Bush, Cofer Black, Central Intelligence Agency, George J. Tenet, James Pavitt

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A portion of Merritt’s e-mail discussing a ‘core group’ of analysts to ‘carry our water.’A portion of Merritt’s e-mail discussing a ‘core group’ of analysts to ‘carry our water.’ [Source: US Department of Defense] (click image to enlarge)Pentagon official Roxie Merritt, the Director of Press Operations, sends a memo to several top Pentagon officials, including Larry Di Rita, the top public relations aide to Defense Secretary Donald Rumsfeld. The memo reports on Merritt’s conclusions and proposals in the aftermath of a Pentagon-sponsored trip to Iraq by a number of military analysts. The trip is part of the Pentagon’s propaganda operation, which uses retired military officers to go on broadcast news shows and promote the administration’s Iraq policies (see April 20, 2008 and Early 2002 and Beyond). The memo is in several sections:
'Background' - “One of the most interesting things coming from this trip to Iraq with the media analysts has been learning how their jobs have been undergoing a metamorphosis. There are several reasons behind the morph… with an all voluntary military, no one in the media has current military background. Additionally we have been doing a good job of keeping these guys informed so they have ready answers when the networks come calling.”
'Current Issues' - “The key issue here is that more and more, media analysts are having a greater impact on the television media network coverage of military issues. They have now become the go to guys not only for breaking stories, but they influence the views on issues. They also have a huge amount of influence on what stories the network decides to cover proactively with regard to the military…”
'Recommendation' - “1.) I recommend we develop a core group from within our media analyst list of those that we can count on to carry our water. They become part of a ‘hot list’ of those that we immediately make calls to or put on an email distro [distribution] list before we contact or respond to media on hot issues. We can also do more proactive engagement with this list and give them tips on what stories to focus on and give them heads up on issues as they are developing. By providing them with key and valuable information, they become the key go to guys for the networks and it begins to weed out the less reliably friendly analysts by the networks themselves…
bullet 3.) Media ops and outreach can work on a plan to maximize use of the analysts and figure out a system by which we keep our most reliably friendly analysts plugged in on everything from crisis response to future plans. This trusted core group will be more than willing to work closely with us because we are their bread and butter and the more they know, the more valuable they are to the networks…
bullet 5.) As evidenced by this analyst trip to Iraq, the synergy of outreach shops and media ops working together on these types of projects is enormous and effective. Will continue to exam [sic] ways to improve processes.”
Response from Di Rita - Di Rita is impressed. He replies, “This is a thoughtful note… I think it makes a lot of sense to do as you suggest and I guess I thought we were already doing a lot of this in terms of quick contact, etc… We ought to be doing this, though, and we should not make the list too small…” In 2008, Salon commentator Glenn Greenwald will sum up the plan: “So the Pentagon would maintain a team of ‘military analysts’ who reliably ‘carry their water—yet who were presented as independent analysts by the television and cable networks. By feeding only those pro-government sources key information and giving them access—even before responding to the press—only those handpicked analysts would be valuable to the networks, and that, in turn, would ensure that only pro-government sources were heard from. Meanwhile, the ‘less reliably friendly’ ones—frozen out by the Pentagon—would be ‘weeded out’ by the networks (see May 10-11, 2007). The pro-government military analysts would do what they were told because the Pentagon was ‘their bread and butter.’ These Pentagon-controlled analysts were used by the networks not only to comment on military matters—and to do so almost always unchallenged—but also even to shape and mold the networks’ coverage choices.” [Salon, 5/10/2008]

Entity Tags: Donald Rumsfeld, US Department of Defense, Lawrence Di Rita, Roxie Merritt, Glenn Greenwald

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Army Specialist Charles Graner is sentenced to 10 years in prison. In a military court-martial, Graner was convicted of crimes related to the torture and abuse of prisoners in Baghdad’s Abu Ghraib prison (see October 2003), October 17-22, 2003), November 4-December 2, 2003, and (7:00 a.m.) November 4, 2003), including charges of battery, conspiracy, maltreatment of detainees, committing indecent acts, and dereliction of duty. Graner admitted some of his actions were criminal, and told jurors, “I didn’t enjoy what I did there” before he was found guilty. Asked if he felt remorse over his actions, Graner says simply: “There’s a war on. Bad things happen.” After Graner completes his sentence, he will be dishonorably discharged. He has forfeited all of his pay and benefits. Defense lawyer Guy Womack says that Graner and his six fellow Abu Ghraib guards also facing trials (see May 19, 2004-March 22, 2006) are being used as scapegoats by the Defense Department. Graner and his lawyers were unable to effectively discuss orders being handed down from superior officers during the trial, as the judge in the court-martial, Colonel James Pohl, refused to let witnesses say the names of officers who gave the orders or what orders might have been given, in effect constraining the trial to point to Graner and his colleagues as independent, “rogue” agents operating outside the chain of command. Graner did not testify during his trial, but during sentencing said that he had done what he was ordered to do by US intelligence agents, in order to “soften up” prisoners for interrogation. According to Graner, a lieutenant in his unit told him: “If [military intelligence] asks you to do this, it needs to be done. They’re in charge, follow their orders.” He believed the orders to torture and abuse prisoners were lawful, he claims. [Associated Press, 1/16/2005; Rich, 2006, pp. 155] Author and media critic Frank Rich will later note that while the print media coverage of Graner’s trial is relatively extensive, the broadcast media virtually ignores it in favor of celebrating the inauguration of President Bush (see January 11-16, 2005). [Rich, 2006, pp. 155]

Entity Tags: Guy Womack, US Department of Defense, Charles Graner, James L. Pohl, Frank Rich

Timeline Tags: Torture of US Captives

Chris Matthews.Chris Matthews. [Source: Montgomery College]Chris Matthews, the host of MSNBC’s Hardball, asks three of the Pentagon’s most reliable “military analysts” (see April 20, 2008 and Early 2002 and Beyond)—retired generals Montgomery Meigs, Wayne Downing, and Kenneth Allard—on his show to pillory a recent New Yorker article by Seymour Hersh that reveals Pentagon plans for an attack on Iran (see (Early January 2005)). Matthews calls the three “Hardball’s war council.” After the broadcast, Allard writes an e-mail to Pentagon public relations official Larry Di Rita, in which he says, “As you may have seen on MSNBC, I attributed a lot of what [Hersh] said to disgruntled CIA employees who simply should be taken out and shot.” [Salon, 5/10/2008]

Entity Tags: Wayne Downing, Seymour Hersh, Lawrence Di Rita, MSNBC, Montgomery Meigs, US Department of Defense, Chris Matthews, Kenneth Allard

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Jared Taylor.Jared Taylor. [Source: Jared Taylor]The Pittsburgh Post-Gazette publishes a profile of Jared Taylor, an academic often seen and heard on news and opinion broadcasts as a “race-relations expert,” but called by the Post-Gazette “a racist in the guise of [an] ‘expert.’” The profile follows a number of radio appearances made by Taylor on January 17, the federal holiday honoring the birth of Dr. Martin Luther King Jr.; Taylor, according to the Post-Gazette, told his audiences that King “was a philanderer, a plagiarist, and a drinker who left a legacy of division and resentment, and was unworthy of a national holiday.” Taylor heads the New Century Foundation (NCF), a Virginia-based organization that promotes the ideas that blacks are genetically less intelligent than whites, are sexually promiscuous because of hyperactive sex drives, and other pseudo-scientific ideas about blacks and other minorities. The Post-Gazette writes that “Taylor keeps company with a collection of racists, racial ‘separatists,’ and far-right extremists,” including some of the NCF board members, who have included members of the Council of Conservative Citizens (CCC), the successor to the White Citizens Councils of the 1950s and ‘60s; a member of the American Friends of the British National Party (BNP), a far-right neo-Nazi political party in Britain; and an anti-immigration author who has reviewed books for a Holocaust denial journal. Taylor publishes American Renaissance magazine, which regularly publishes “academic” follies that “prove” multiculturalism is wrong. He once wrote for the magazine, “If whites permit themselves to be displaced, it is not just the high culture of the West that could disappear but such things as representative government, rule of law, and freedom of speech, which whites usually get right and everyone else usually gets wrong.” Taylor, like former Klan leader David Duke, Web site owner and former Klansman Don Black (see March 1995), and others, is among the leaders of what the Post-Gazette calls “the new tactics of white supremacy.” Taylor and his confreres eschew the crude race-baiting and calls for explicit violence for more dispassionate, pseudo-academic and media-friendly presentations that use false science and “moderate” language to push their racist views. Taylor’s staff secured a half-dozen radio spots for King’s holiday by sending out the following email to dozens of radio stations: “Not everyone celebrates the legacy of Martin Luther King. Editor of American Renaissance magazine and race-relations expert Jared Taylor would be pleased to offer your listeners a view of Dr. King that challenges conventional wisdom.” The email listed Taylor’s resume: degrees from Yale and the Institute for Political Study in Paris, business consultant in Japan, author of four books. “Jared Taylor is the cultivated, cosmopolitan face of white supremacy,” says Mark Potok of the Southern Poverty Law Center. “He is the guy who is providing the intellectual heft, in effect, to modern-day Klansmen.” Taylor denies ever being a member of the Klan, or even knowing any Klan members, but both Black and Duke have appeared at his American Renaissance conferences; Potok has a photograph of Black having a beer at Taylor’s kitchen table. Taylor routinely denies publishing racially inflammatory material in his magazine, even when confronted with the actual published material, and denies writing white supremacist material for the BNP’s monthly magazine, Spearhead, even though his work (published under his “other name,” Samuel Taylor, is readily accessible). He says that those who call him a racist merely want to avoid having a rational discussion about his ideas. However, his ties with racist organizations are easily proven. Taylor has hosted former BNP leader John Tyndall at his home in Oakton, Virginia. The NCF’s 1999 tax returns list the Council of Conservative Citizens (CCC) as an organization to which the NCF is “related… through common membership, governing bodies, trustees, officers, etc.” [Pittsburgh Post-Gazette, 1/23/2005] The Anti-Defamation League will later write, “[Taylor] maintains ties to a variety of racist organizations, publications, and individuals, both domestic and international, and many of North America’s leading intellectual racists have written for American Renaissance or have addressed the biennial American Renaissance conferences.” [Anti-Defamation League, 2011]

Entity Tags: John Tyndall, Anti-Defamation League, American Friends of the British National Party, Council of Conservative Citizens, Don Black, Mark Potok, Pittsburgh Post-Gazette, New Century Foundation, Samuel Jared Taylor, David Duke

Timeline Tags: Domestic Propaganda

Dennis Mahon, a white supremacist in Catoosa, Oklahoma (see 1973 and After, August 1994 - March 1995, November 1994, and February 9, 1996 and After), tells Rebecca Williams he committed multiple terrorist bombings since the early 1980s. Mahon is not aware that Williams is an informant working for the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), nor that Williams’s trailer, in which he makes his statements, is wired for both audio and video. Mahon is showing Williams an album of old pictures, his old Ku Klux Klan robe, and other memorabilia of his life in the white supremacist movement, when he tells Williams about the bombings he says he committed, many with his twin brother Daniel. The bombing targets included an abortion clinic, a Jewish community center, and the offices of IRS and immigration authorities. Mahon says he made his bombs with ammonium nitrate, fuel oil, and powdered sugar “for an extra bang,” and says he set the bombs off at 2 a.m. to avoid casualties but still send a message. Williams is one of the few informants to gain such access into what TPM Muckraker calls the “network of so-called ‘lone wolf’ extremists, a loose-knit group of racists and anti-government types who seem to always be looking for ways to start or win an ever-coming race war.” The same network produced “lone wolf” Timothy McVeigh, who killed 168 people in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The BATF probe will result in investigations of the Mahons (see January 10, 2012 and After), as well as white supremacist leader Tom Metzger (see 1981 and After) and Missouri survivalist Robert Joos, who stockpiled weapons in caves on his farm near the Ozarks. On January 26, 2005, Williams moves into a rental trailer in the Catoosa trailer park and puts a Confederate flag sticker in her window. She is much younger than the 54-year-old Mahon and, according to TPM Muckraker, is both attractive and able to handle herself around dangerous males. (The BATF initially provides little background information on Williams to the media; later the media learns that her brother was a BATF informant who infiltrated a motorcycle gang, and that she became an informant for the money. She has formerly worked as, among other jobs, an exotic dancer.) The same day that she moves in, the Mahon brothers come over to introduce themselves. “I’m a girl and they’re guys and, you know, guys like to talk to pretty girls so they—we just started talking,” she later testifies. Williams will establish a friendship with the brothers that will last four years, most of it recorded by BATF cameras and microphones. Her pickup truck is wired, and she even has a microphone on her key chain. Within hours of meeting her, Dennis Mahon brags about the bombings he carried out, and Daniel Mahon speaks of drive-by shootings and car bombings. Daniel tells her: “We thought we were doing the right thing. We were just trying to send a message. When I would take someone’s car out, it wasn’t anger. It was a sense of duty. It is like a military operation. You plan for it, equip for it.” When Williams asks if they had ever sent package bombs, Dennis whispers, “In Tempe, Arizona, Godd_mn diversity officer, Scottsdale Police Department, had his fingers blown off.” He then backs away from his admission and says he showed “white cops how to do it.” Williams is flirtatious with the brothers, and mails them photographs of herself in a bikini with a grenade hanging from around her neck, and of her standing in front of a swastika flag. Williams’s investigation documents the Mahons’ close connection to Metzger, Joos, and other white supremacists; Joos will be convicted of multiple weapons charges, but Metzger will not be charged with any crime (see June 25, 2009). [TPM Muckraker, 1/10/2012; Associated Press, 1/26/2012]

Entity Tags: Tom Metzger, Daniel Mahon, Dennis Mahon, Robert Joos, Rebecca Williams, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Talon News logo.Talon News logo. [Source: Talon News / AmericaBlog (.com)]Media Matters, the left-leaning media watchdog organization, questions White House reporter Jeff Gannon’s credentials as well as the legitimacy of the Internet news organization he works for, Talon News. Media Matters is as yet unaware that Gannon’s true name is James Guckert, and that he has no journalistic experience and his livelihood is apparently made by moonlighting as a gay prostitute (see January 26, 2005). The organization shows that several Gannon/Guckert pieces for Talon News are little more than what it calls “reprints of Republican and Bush administration releases,” and demonstrates that Gannon is a frequent “lifesaver” for White House press secretary Scott McClellan, who regularly calls on Gannon/Guckert when he needs a safe question to allow him to get back on track. Media Matters has found out more about Talon News itself; it reports that the information unearthed “casts additional doubt on Talon’s claim to be a media outlet and raises questions about whether Gannon/Guckert should be a credentialed member of the White House press corps.” Talon News is owned by Bobby Eberle, a Texas Republican Party operative who also owns the conservative Internet organization “GOPUSA,” which proclaims itself to be a “conservative news, information, and design company dedicated to promoting conservative ideals.” Though Eberle claims that GOPUSA and Talon News are separate organizations, in fact they are not. Eberle is the owner and chief operator of both entities. Both domain names—“TalonNews.com” and “GOPUSA.com”—are registered to the same Pearland, Texas, street address, which appears to be Eberle’s home address. The domain name contact is Eberle’s GOPUSA email address. Most of the articles on Talon News’s Web site consist of short introductory paragraphs with “Read more” links that take the reader to a page that announces, “This story can be found on our #1 client—GOPUSA!” Readers are then redirected to the GOPUSA.com site. GOPUSA and Talon News are both staffed by Eberle, Gannon/Guckert, and several volunteers. Media Matters concludes that the two organizations are “virtually indistinguishable.” Interestingly, both Eberle and Gannon/Guckert post on the right-wing Internet forum Free Republic, and Gannon/Guckert has hosted a radio show on Radio Free Republic. Another poster once suggested that McClellan “appreciated” Gannon/Guckert’s questions “from the smirk he was trying to hold back,” and Gannon/Guckert responded, “It’s hard to say with Scott but he usually knows what he’s going to get from me.” None of the other volunteers on Talon News seem to have any journalistic experience, but all are heavily involved in Republican politics, including a high school student who is president of his school’s Young Republicans’ Club; the owner of the Wisconsin Conservative Digest; a county GOP chairman and campaign manager for a Maine Republican candidate for the House of Representatives; a South Carolina GOP campaign operative; and a Nebraska freelance writer who has worked as a speechwriter for conservative candidates and organizations. Members of GOPUSA’s board of directors have no more journalistic experience than the writers of Talon News, but all are active GOP operatives, consultants, and financial managers. [Media Matters, 1/25/2005]

Entity Tags: James Guckert, Bobby Eberle, Bush administration (43), GOPUSA, Media Matters, Scott McClellan, Talon News, Texas Republican Party, Free Republic

Timeline Tags: Domestic Propaganda

Cofer Black, former chief of the CIA’s Counterterrorist Center, joins Blackwater. He becomes the company’s vice chairman. [Boston Globe, 11/2/2007]

Entity Tags: Blackwater USA, Cofer Black

Timeline Tags: Misc Entries

The acting chief of the Justice Department’s Office of Legal Counsel, Daniel Levin, sends a memo to William J. Haynes, the chief counsel for the Defense Department, advising Haynes that he is withdrawing the Justice Department’s March 2003 memo that justified certain “harsh” methods of interrogation of prisoners in US custody. Levin, writing in carefully couched legal language, says that many of the interrogation methods currently in use by US interrogators are not within the legal parameters for interrogation—in other words, the methods qualify as torture under US law. [US Department of Justice, 2/4/2005 pdf file] Levin recently underwent a simulated waterboarding session to determine for himself if the practice qualified as torture, and determined that it did so. He will shortly be relieved of his position in the Justice Department, and the administration will continue its support for waterboarding and other “harsh” methods of interrogation (see Late 2004-Early 2005).

Entity Tags: Daniel Levin, William J. Haynes, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

One of the photos Gannon/Guckert posted of himself on the Internet advertising his services as a male prostitute.One of the photos Gannon/Guckert posted of himself on the Internet advertising his services as a male prostitute. [Source: The Fruit Fly (.com)]Conservative faux journalist and gay prostitute Jeff Gannon, whose real name is James Guckert, quits as a White House reporter following his exposure by media watchdog organization Media Matters and Internet bloggers. For years, Gannon/Guckert has functioned as a “safe” White House reporter for conservative Internet news site Talon News, providing “softball” questions to President Bush and his press secretaries and representatives that allow the White House to reiterate and emphasize its talking points (see January 26, 2005). He also resigns as a Talon correspondent. Gannon does not apologize for his flatly partisan questioning, and says his questions merely counterbalance those of other reporters, whom he says are largely liberal and hostile towards the Bush administration: “Perhaps the most disturbing thing has been the notion that there isn’t room for one conservative voice in the White House press corps.” Gannon/Guckert refuses to acknowledge his second vocation as a gay prostitute, which he pursues under his given name, and merely says his use of a pseudonym for his journalistic pursuits is a “very innocent… commercial consideration.” Besides, he says, many journalists change their names for broadcast purposes. He does not name any journalists who operate under such pseudonyms. [National Public Radio, 2/9/2005]
White House Knew of Pseudonym - Gannon/Guckert’s boss at Talon, Bobby Eberle (see January 28, 2005), says that the White House issued press passes to the “reporter” under his real name, which indicates the White House knew he was writing under a pseudonym. And Senator Frank Lautenberg (D-NJ), noting that Gannon/Guckert was denied Congressional press passes because he could not demonstrate that he worked for a legitimate news service, wants to know why Gannon/Guckert was able to pass muster at the White House. “This issue is important from an ethical as well as from a national security standpoint,” Lautenberg says. “It is hard to understand why a man with little real journalism experience was given a White House press corps credential.” [Salon, 2/15/2005] White House press secretary Scott McClellan denies knowing about Gannon/Guckert’s pseudonym until just recently, and says, “People use aliases all the time in life, from journalists to actors.” [Washington Post, 2/16/2005]
Admission and Defense - Days later, in a CNN interview conducted by Wolf Blitzer, Gannon/Guckert admits that he is a “former” gay prostitute, admits his real name, says no one at the White House knew about his sexual past, and says: “I’ve made mistakes in my past. Does my past mean I can’t have a future? Does it disqualify me from being a journalist?” He says he used a pseudonym because his real name is difficult to pronounce. Liberal gay activist John Aravosis, whose AmericaBlog first published pictures of Gannon/Guckert advertising his sexual favors on gay escort Web sites, says the issue is not Gannon/Guckert’s right to be a journalist but his “White House access.… The White House wouldn’t let him in the door right now, knowing of his background.” Aravosis says Gannon/Guckert is guilty of “what I call family values hypocrisy. Basically, he’s asking the gay community to protect him when he attacks us.” Gannon/Guckert wrote numerous articles blasting 2004 presidential candidate John Kerry’s support of gay rights and wrote that Kerry would, if elected, be the country’s “first gay president.” [Washington Post, 2/19/2005] On his blog, Aravosis adds: “This is the conservative Republican Bush White House we’re talking about. It’s looking increasingly like they made a decision to allow a hooker to ask the president of the United States questions. They made a decision to give a man with an alias and no journalistic experience access to the West Wing of the White House on a ‘daily basis.’” [Salon, 2/15/2005]
Softballing Gannon/Guckert - New York Times columnist Frank Rich accuses Blitzer of asking “questions almost as soft as those ‘Jeff’ himself had asked in the White House.” Blitzer accepted without question Gannon/Guckert’s assertion that he used the name Gannon because Guckert was too hard to pronounce, and never questioned Gannon/Guckert’s claim that Talon News “is a separate, independent news division” of GOPUSA. Blitzer, Rich notes, waited until a brief follow-up interview to ask why Gannon/Guckert was questioned by FBI investigators about his knowledge of the Valerie Plame Wilson affair (see October 28, 2003). Blitzer did not ask if his knowledge came from the same officials who took care of his White House press credentials, nor did he ask if Gannon/Guckert has any connection with conservative journalist and CNN commentator Robert Novak, who outed Plame Wilson. “The anchor didn’t go there,” Rich writes. [New York Times, 2/19/2005]
'Politics of Personal Destruction' - Gannon/Guckert will later say that his resignation from Talon News and from the White House press corps is an example of “the politics of personal destruction.” [New York Times, 3/20/2005]

Entity Tags: George W. Bush, Bush administration (43), Frank Rich, Frank R. Lautenberg, Wolf Blitzer, Valerie Plame Wilson, John Kerry, James Guckert, John Aravosis, Talon News, Bobby Eberle, Media Matters, Scott McClellan

Timeline Tags: Domestic Propaganda

Matt Cooper and Judith Miller.Matt Cooper and Judith Miller. [Source: Paul J.Richards / AFP / Getty Images (left) and New York Times (right)]An appeals court rules 3-0 that reporters Judith Miller (see August 12, 2004 and After) and Matthew Cooper (see October 13, 2004) must testify in the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Both the New York Times and Time magazine will appeal the ruling to a full appeals court and eventually to the Supreme Court (see June 27, 2005). The appeals court rules that because Miller and Cooper may have witnessed a federal crime—the disclosure of Plame Wilson’s covert CIA identity by government officials (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, 2:24 p.m. July 12, 2003, and 11:00 a.m. July 11, 2003)—the First Amendment does not protect them from testifying to the possible crime. The court finds that a 1972 Supreme Court ruling, Branzburg v. Hayes, applies: in that case, a reporter was ordered to testify about witnessing the production of illegal drugs. Writing for the appeals court, Judge David Sentelle notes that the Supreme Court “stated that it could not ‘seriously entertain the notion that the First Amendment protects the newsman’s agreement to conceal the criminal conduct of his source, or evidence thereof, on the theory that it is better to write about a crime than to do something about it.’” [United States Court of Appeals for the District of Columbia Circuit, 12/8/2004 pdf file; Washington Post, 7/3/2007] Times publisher Arthur Sulzberger says of the ruling: “The Times will continue to fight for the ability of journalists to provide the people of this nation with the essential information they need to evaluate issues affecting our country and the world. And we will challenge today’s decision and advocate for a federal shield law that will enable the public to continue to learn about matters that directly affect their lives.” Miller says, “I risk going to jail for a story I didn’t write, for reasons a court won’t explain.” [New York Times, 2/16/2005]

Entity Tags: New York Times, Arthur Sulzberger, David Sentelle, Matthew Cooper, US Supreme Court, Valerie Plame Wilson, Time magazine, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

The New York Times reports that, according to current and former government officials, there is “widening unease within the Central Intelligence Agency over the possibility that career officers could be prosecuted or otherwise punished for their conduct during interrogations and detentions of terrorism suspects.” The conduct is questionable because it is said to amount to torture in some cases (see Mid-May 2002 and After, Shortly After September 6, 2006 and March 10-April 15, 2007). At this time, only one CIA contractor has been charged with a crime, after a prisoner died in Afghanistan. However, at least half a dozen other investigations by the Justice Department and the CIA’s Inspector General are ongoing, and involve actions in Afghanistan, Iraq, and possibly “black sites” in other countries. An official says, “There’s a lot more out there than has generally been recognized, and people at the agency are worried.” [New York Times, 2/27/2005] Apparently due to these fears, some officers purchase legal insurance policies. [ABC News, 12/15/2007]

Entity Tags: Central Intelligence Agency, US Department of Justice, Office of the Inspector General (CIA)

Timeline Tags: Complete 911 Timeline

Philip Zelikow (second from left) with Secretary of State Condoleezza Rice (left), and Israeli Prime Minister Ehud Olmert (right).Philip Zelikow (second from left) with Secretary of State Condoleezza Rice (left), and Israeli Prime Minister Ehud Olmert (right). [Source: Ron Sachs/Consolidated News Photos]Philip Zelikow, formerly the executive director of the 9/11 Commission, will serve as a senior adviser for Condoleezza Rice in her new position as secretary of state. His position, counselor of the United States Department of State, is considered equal to undersecretary of state. [Richmond Times-Dispatch, 2/28/2005] Rice says: “Philip and I have worked together for years. I value his counsel and expertise. I appreciate his willingness to take on this assignment.” According to author Philip Shenon, Zelikow tells his new colleagues at the State Department that it is “the sort of job he had always wanted.” [Shenon, 2008, pp. 418] 9/11 victims’ relatives groups had demanded Zelikow’s resignation from the 9/11 Commission, claiming conflict of interest, including being too close to Rice (see March 21, 2004).

Entity Tags: Philip Zelikow, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Abu Bakar Bashir.Abu Bakar Bashir. [Source: US National Counterterrorism Center]Abu Bakar Bashir, allegedly the spiritual leader of Jemaah Islamiyah, al-Qaeda’s main affiliate in Southeast Asia, is acquitted of most charges in a trial in Indonesia. Bashir, a well-known radical imam, had been accused of involvement in the 2002 Bali bombings (see October 12, 2002) and 2003 Marriott Hotel bombing (see August 5, 2003). However, he is only convicted of one charge of criminal conspiracy, because the judges say he knew the bombers and his words may have encouraged them. Bashir is sentenced to 30 months in prison, but is released after serving only one year due to good behavior. In late 2006, the Indonesian supreme court will void his one conviction altogther. [New York Times, 3/4/2005; Associated Press, 12/26/2006] The New York Times will later report: “Legal observers here said the case against Mr. Bashir was weak. The strongest evidence linking him to the Bali terrorist attacks was never heard by the five-judge panel because of a decision by the Bush administration that the Indonesian government would not be allowed to interview two senior al-Qaeda operatives, Riudan Isamuddin, better known as Hambali, and Omar al-Faruq.” The CIA has been holding Hambali and al-Faruq in secret prisons since 2003 and 2002 respectively (see August 12, 2003 and June 5, 2002). [New York Times, 6/14/2006] One Indonesian counterterrorism official says: “We need[ed] Hambali very much. We [fought] to get access to him, but we have failed.” An unnamed Australian official complains that the US was hypocritical in pressing Indonesia to prosecute Bashir and then doing nothing to help convict him. [New York Times, 3/4/2005] Al-Faruq allegedly told the CIA that Bashir had provided logistical and financial support for several terrorist attacks, but he was also interrogated by techniques considered close to torture. The US allowed Indonesian officials to directly interrogate al-Faruq in 2002, but then prohibited any later access to him (see June 5, 2002). And shortly after Hambali’s arrest in 2003, President Bush promised to allow Hambali to be tried in Indonesia, but then failed to even give Indonesians any access to him (see October 23, 2003).

Entity Tags: Bush administration (43), Omar al-Faruq, Hambali, Abu Bakar Bashir

Timeline Tags: Complete 911 Timeline

John Bolton.John Bolton. [Source: Publicity photo via American Enterprise Institute]President George Bush selects John Bolton, currently an official in the State Department, to be the US ambassador to the UN. Bolton is a staunch neoconservative with a long record of opposing multilateral efforts. As undersecretary of state for arms control, Bolton opposed a multilateral effort in July 2001 to create broad worldwide controls on the sale of small arms (see July 9, 2001). In February 2002, Bolton made it clear that the Bush administration did not feel bound to the 1978 pledge not to use nuclear weapons against non-nuclear states (see February 2002). Bolton was also a strong advocate of taking unilateral action against Saddam Hussein (see January 26, 1998) and in May 2002, he effectively removed the US signature from the Rome Statute, which established the International Criminal Court (ICC) (see May 6, 2002). [USA Today, 3/7/2005]

Entity Tags: John R. Bolton, George W. Bush

Timeline Tags: US confrontation with Iran

Six Algerians are convicted in France of trying to blow up the US embassy in Paris. The ringleader is a top Islamist militant named Djamel Beghal, who was arrested in the United Arab Emirates (UAE) based on a US tip-off in 2001 (see July 24 or 28, 2001). Beghal is sentenced to ten years in prison, his associate Kamel Daoudi gets nine years, and the four others get between one and six. The sentences are for criminal association relating to a terrorist enterprise, although the alleged would-be suicide bomber, Nizar Trabelsi, is not charged or tried in France, and few details of the plot are offered in court. Trabelsi was arrested in Belgium shortly after 9/11 (see September 13, 2001), and is in prison there on other charges (see September 30, 2003). Beghal and the others say they are innocent, and Beghal alleges that the confession based on which the arrests were made was tortured out of him in the UAE. [Washington Post, 3/16/2005]

Entity Tags: Djamel Beghal, Kamel Daoudi

Timeline Tags: Complete 911 Timeline

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

Victoria Toensing.Victoria Toensing. [Source: CNN via Media Matters]Lawyers for 36 media organizations file an amici curiae brief with the US Court of Appeals in Washington asking that it overturn a decision to compel reporters Matthew Cooper and Judith Miller to testify before a grand jury hearing evidence in the Valerie Plame Wilson identity leak investigation (see February 15, 2005). The brief argues in part that neither Miller nor Cooper should be jailed because “the circumstances necessary to prove” a violation of the Intelligence Identities Protection Act (IIPA) “seem not to be present here,” and therefore the trial court should be ordered to hold a hearing “to determine whether specific elements of the [IIPA]… have been met.” The request will be denied. One of the authors of the brief is Washington lawyer Victoria Toensing, who with her husband Joseph diGenova heads a law firm with deep ties to the Republican Party. (Toensing was a Justice Department official during the Reagan administration and helped write the IIPA.) Toensing will write numerous op-eds and make frequent television appearances denouncing the investigation (see November 3, 2005, February 18, 2007, February 18, 2007, and March 16, 2007), usually without revealing her ties to the case. [US Court of Appeals for the District of Columbia Court, 3/23/2005 pdf file; Media Matters, 3/6/2007]

Entity Tags: Matthew Cooper, Intelligence Identities Protection Act, Joseph diGenova, Republican Party, Judith Miller, Victoria Toensing, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

US District Judge Ricardo M. Urbina approves a plea agreement requiring Riggs Bank to pay a $16 million criminal fine for its failure to report suspicious transactions by former Chilean dictator Augusto Pinochet and leaders of Equatorial Guinea that occurred between 1994 and 2003. The judge calls the bank “a greedy corporate henchman of dictators and their corrupt regimes.” [Washington Post, 3/30/2005] Jonathan Bush, uncle to President Bush, has been a top executive at Riggs Bank since 2000, running their investment management division. [Washington Post, 5/15/2004] The plea agreement clears the way for Riggs Bank to be bought. It is dissolved into PNC Financial Services Group Inc. in May 2005. [Washington Post, 10/13/2005]

Entity Tags: Riggs Bank, Augusto Pinochet, Jonathan Bush

Timeline Tags: US-Chile (1964-2005)

Dr. Michael Gelles, the head psychologist for the Naval Criminal Investigative Service (NCIS), says that torture and coercion do not produce reliable information from prisoners. Gelles adds that many military and intelligence specialists share his view. Gelles warned of problems with torture and abuse at Guantanamo nearly three years ago (see Early December, 2002 and December 18, 2002). And he is frustrated that Bush administration officials have “dismissed” critics of coercive techniques as weaklings and “doves” who are too squeamish to do what is necessary to obtain information from terror suspects. In reality, Gelles says, many experienced interrogators are convinced that torture and coercion do more harm than good. Gelles has extensive experience with interrogations in Iraq, Afghanistan, and Guantanamo, and notes that NCIS had interrogated Muslim terror suspects well before 9/11, including investigations into the 2000 bombing of the USS Cole (see October 12, 2000) and the 1983 bombing of a Marine barracks in Lebanon (see April 18-October 23, 1983).
'Rapport-Building' - The best way to extract reliable intelligence from a Muslim extremist, Gelles says, is through “rapport-building”—by engaging the suspect in conversations that play on his cultural sensitivities. Similar techniques worked on Japanese soldiers during the height of battles during World War II (see July 17, 1943). Gelles says he and others have identified patterns of questioning that can elicit accurate information from Islamist radicals, but refuses to discuss them specifically. “We do not believe—not just myself, but others who have to remain unnamed—that coercive methods with this adversary are… effective,” he says. “If the goal is to get ‘information,’ then using coercive techniques may be effective. But if the goal is to get reliable and accurate information, looking at this adversary, rapport-building is the best approach.”
Conflict between Experts, Pentagon Civilians - Gelles describes a sharp division between interrogation specialists such as himself, and civilian policymakers at the Pentagon. Many government specialists, including fellow psychologists, intelligence analysts, linguists, and interrogators who have experience extracting information from captured Islamist militants, agree with Gelles that coercion is not effective, but top civilians in the Office of the Secretary of Defense disagree. Coercive interrogations try to “vacuum up all the information you can and figure out later” what is true and what is not, he says. This method jams the system with false and misleading data. Gelles compares it to “coercive tactics leading to false confessions” by suspects in police custody. Many at the Pentagon and elsewhere mistake “rapport-building” techniques for softness or weakness. Just because those interrogations are not humiliating or physically painful, Gelles says, the techniques are not necessarily “soft.” Telling a detainee that he is a reprehensible murderer of innocents is perfectly acceptable, Gelles says: “Being respectful doesn’t mean you don’t confront, clarify, and challenge the detainee when he gives the appearance of being deceptive.” On the other hand, coercive techniques induce detainees to say anything to make the pain and discomfort stop. “Why would you terrify them with a dog?” Gelles asks, referring to one technique of threatening detainees with police dogs. “So they’ll tell you anything to get the dog out of the room?” Referring to shackling prisoners in “stress positions” for hours on end, Gelles adds: “I know there is a school of thought that believes [stress positions] are effective. In my experience, I’ve never seen it be of any value.” Innocent suspects will confess to imagined crimes just to stop the abuse, Gelles says.
Other Harmful Consequences - Gelles also notes that coercive techniques undermine the possibility of building rapport with the prisoner to possibly gain information from him. And, he says, unless the prisoner is either killed in custody or detained for life, eventually he will be released to tell the world of his captivity, damaging America’s credibility and moral authority. [Boston Globe, 3/31/2005; Savage, 2007, pp. 217-218]

Entity Tags: Michael Gelles, Bush administration (43), US Department of Defense, Naval Criminal Investigative Service

Timeline Tags: Torture of US Captives

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

The FBI searches the home that once belonged to convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and May 26, 2004) and finds explosive materials related to the 1995 bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The bureau acts on a tip that it missed evidence in its search a decade earlier (see 3:15 p.m. and After, April 21-22, 1995). Blasting caps and other explosive materials were concealed in a crawl space of the Herington, Kansas, home, buried under about a foot of rock, dirt, and gravel, an area not searched in the 1995 investigation. FBI agent Gary Johnson says, “[T]he information so far indicates the items have been there since prior to the Oklahoma City bombing.” Nichols’s lawyer, Brian Hermanson, says the discovery is either a hoax or evidence of a major failure by the FBI: “They were there often. It’s surprising. I would think they would have done their job and found everything that was there. But I’m still suspicious that it could be something planted there. The house was empty for several years.” [Associated Press, 4/2/2005] Reportedly, Nichols has admitted conspiring to build the bomb that destroyed the Murrah Federal Building in Oklahoma City (see November 30, 2004).

Entity Tags: Federal Bureau of Investigation, Brian Hermanson, Terry Lynn Nichols, Gary Johnson

Timeline Tags: US Domestic Terrorism

The National Institute of Standards and Technology (NIST), which is conducting an investigation into the WTC collapses on 9/11, releases three new reports. Investigators say that the Twin Towers would probably have remained standing if the fireproofing material that surrounded the buildings’ structural steel had not been stripped away when the planes hit. Their report states that “[t]he jet fuel, which ignited the fires, was mostly consumed within the first few minutes after impact. The fires that burned for almost the entire time that the buildings remained standing were due mainly to burning building contents and, to a lesser extent, aircraft contents, not jet fuel.” However, they claim, without the loss of fireproofing during the planes’ impacts, the heat from the fires would have been insufficient to cause the buildings to collapse. They say that although the architects had in 1964 tested the impact of a Boeing 707 airplane crashing into the 80th floor of one of the towers, they never envisioned the intense fires that ensued. NIST also reports that the time taken by survivors from the North Tower to descend a flight of stairs was about double the slowest evacuation speed estimated in a standard fire engineering text. They state: “approximately 87 percent of the WTC tower occupants, including more than 99 percent below the floors of impact, were able to evacuate successfully.” However, they say, if each tower had been full when they were hit, as many as 14,000 people could have died. [National Institute of Standards and Technology, 4/5/2005; Associated Press, 4/5/2005; New York Times, 4/5/2005; Associated Press, 4/6/2005]

Entity Tags: World Trade Center, National Institute of Standards and Technology

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

White supremacist Matthew Hale, the leader of the World Church of the Creator (WCOTC—see May 1996 and After), receives a 40-year sentence for soliciting the murder of US District Court Judge Joan Lefkow (see January 9, 2003). Lefkow ruled against Hale’s group in a trademark dispute (see November 2002). Hale is sentenced after a rambling, two-hour statement in which he claims he is the victim. “I have to go back to a solitary cell—I have to go back to hell,” Hale tells Judge James Moody. “They want me to die in a hole.” In his statement, Hale compares the FBI to the Gestapo, says the national news media was out to get him, blames his former lawyer for representing him poorly, and chants the national anthem. He claims that he and Lefkow are “on the same side against these liars.” Moody, unmoved by Hale’s statement, gives Hale the maximum sentence for his crimes. US Attorney Patrick Fitzgerald argued that Hale’s crime was essentially an act of domestic terrorism and Moody agrees. “Mr. Hale is not concerned about taking someone’s life, but rather how to do it without getting caught,” Moody says. “I consider Mr. Hale to be extremely dangerous and the offense for which he was convicted to be extremely egregious.” After the ruling, Fitzgerald tells reporters, “I put no stock in his claims, the crocodile tears, that he didn’t do anything wrong.” Hale’s mother, Evelyn Hutcheson, tells reporters: “I think it’s absolutely horrible. “Matt’s the only one in there telling the… truth.” [National Public Radio, 4/6/2005; Associated Press, 4/7/2005] Hale will serve his sentence at the Florence, Colorado, “supermax” prison, the same prison where convicted bombers Eric Rudolph (see July 18, 2005) and Ted Kaczynski (see April 3, 1996) are held. [Chicago Sun-Times, 4/28/2005]

Entity Tags: World Church of the Creator, Evelyn Hutcheson, James Moody, Joan Humphrey Lefkow, Matthew Hale, Patrick J. Fitzgerald

Timeline Tags: US Domestic Terrorism

An aerial view of USAMRIID in 2005.An aerial view of USAMRIID in 2005. [Source: Sam Yu / Frederick News-Post]By the end of March 2005, the FBI clearly suspects Bruce Ivins for the 2001 anthrax attacks (see October 5-November 21, 2001). Ivins works at USAMRIID, the US Army’s top bioweapons laboratory, and his lab was raided by the FBI to find Ivins’ anthrax samples (see July 16, 2004). He has been questioned about suspicious behavior around the time of the attacks and since (see March 31, 2005). Yet Ivins is still allowed to work with anthrax and other deadly germs at USAMRIID. McClatchy Newspapers will report in August 2008, “[A] mystery is why Ivins wasn’t escorted from [USAMRIID] until last month when the FBI had discovered by 2005 that he’d failed to turn over samples of all the anthrax in his lab, as agents had requested three years earlier.” In 2003, USAMRIID implemented a biosurety program that required all scientists working there to undergo regular intrusive background checks, which includes disclosure of mental health issues. They also have to undergo periodic FBI background checks to retain their security clearances. Jeffrey Adamovicz, head of USAMRIID’s bacteriology division in 2003 and 2004, will later say that USAMRIID officials knew at least by late 2006 that Ivins was a suspect, yet he maintained his lab access and security clearances until July 10, 2008, shortly before his suicide later that month (see July 10, 2008 and July 29, 2008). Adamovicz will say, “It’s hard to understand if there was all this negative information out there on Bruce, why wasn’t it picked up in the biosurety program or by law enforcement.” [McClatchy Newspapers, 8/7/2008] By contrast, anthrax attacks suspect Steven Hatfill lost his security clearance in 2001 after it was discovered he had misrepresented some items on his resume (see August 23, 2001).

Entity Tags: Steven Hatfill, Jeffrey Adamovicz, United States Army Medical Research Institute of Infectious Diseases, Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

Anti-abortion activist Eric Rudolph, who has pled guilty to bombing abortion clinics (see January 16, 1997 and January 29, 1998), a gay and lesbian nightclub (see February 21, 1997), and the 1996 Olympics (see July 27, 1996 and After and October 14, 1998) in a series of court proceedings, releases an 11-page “manifesto” that explains the rationale behind his bombing spree. In the document, which the Associated Press terms “[a] sometimes-rambling, sometimes-reflective” statement, Rudolph writes that he considers himself a “warrior” against abortion, which he calls murder, and the US government, which he charges with permitting the “slaughter” of “innocent babies.” Rudolph will receive four life sentences without parole in return for the prosecution removing the death penalty from consideration (see July 18, 2005). He has also alerted authorities to a large stash of explosives he created while hiding in the mountains of western North Carolina.
Abortion Providers, Lawmakers 'Legitimate Targets' in 'War' - The “holocaust” of abortion is his driving impulse, Rudolph writes in his statement. Anyone who supports or allows abortion, he writes, is an enemy deserving of death. “Because I believe that abortion is murder, I also believe that force is justified… in an attempt to stop it,” he writes, “whether these agents of the government are armed or otherwise they are legitimate targets in the war to end this holocaust.… Abortion is murder. And when the regime in Washington legalized, sanctioned, and legitimized this practice, they forfeited their legitimacy and moral authority to govern.”
Rationale for Bombing Olympics - Rudolph also writes that the Olympic bombing was envisioned as the first in a weeklong campaign of bombings designed to shut down the Olympics, held in Atlanta, and embarrass the US government as a result. He had hoped to use high-grade explosives to shut down the Atlanta power grid and force the termination of the Olympics, but was unable to procure the explosives, and calls the results of his bombing a “disaster.” He writes: “In the summer of 1996, the world converged upon Atlanta for the Olympic Games. Under the protection and auspices of the regime in Washington, millions of people came to celebrate the ideals of global socialism. Multinational corporations spent billions of dollars, and Washington organized an army of security to protect these best of all games. Even though the conception and purpose of the so-called Olympic movement is to promote the values of global socialism, as perfectly expressed in the song Imagine by John Lennon, which was the theme of the 1996 Games even though the purpose of the Olympics is to promote these despicable ideals, the purpose of the attack on July 27 was to confound, anger, and embarrass the Washington government in the eyes of the world for its abominable sanctioning of abortion on demand.”
Racist, Homophobic Views - In the document, Rudolph attacks homosexuality as an “aberrant” lifestyle, and blames the government for condoning it. He denies holding racist or anti-Semitic views [Associated Press, 4/13/2005; Associated Press, 4/14/2005; CNN, 4/19/2005] , though his ex-sister-in-law Deborah Rudolph told reporters that Rudolph believed abortion was part of a plot to undermine the white race; she said, “He felt like if woman continued to abort their white babies, that eventually the white race would become a minority instead of a majority.” Others have said that Rudolph told them he believed the Holocaust never occurred. [CNN, 6/15/2002]
'Worse to Him than Death' - After Rudolph’s guilty plea, Deborah Rudolph says of the prospects of his life in jail, “Knowing that he’s living under government control for the rest of his life, I think that’s worse to him than death.” [Associated Press, 4/13/2005] Rudolph, Prisoner No. 18282-058, will be incarcerated in a tiny cell in the Federal Correctional Complex in Florence, Colorado, colloquially known as the “Supermax” facility. Rudolph lives on “bomber’s row” along with Ted Kaczynski, the so-called “Unabomber” (see April 3, 1996), Islamist terrorist Ramzi Yousef (see February 7, 1995), “shoe bomber” Richard Reid (see December 22, 2001), and Oklahoma City bomber Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995). After his imprisonment, he releases a statement that reads in part, “The talking heads on the news [will] opine that I am ‘finished,’ that I will ‘languish broken and unloved in the bowels of some supermax,’ but I say to you people that by the grace of God I am still here—a little bloodied, but emphatically unbowed.” [Orlando Weekly, 8/24/2006]

Entity Tags: Terry Lynn Nichols, Deborah Rudolph, Richard C. Reid, Ramzi Yousef, Eric Robert Rudolph, Theodore J. (“Ted”) Kaczynski

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

Zacarias Moussaoui.
Zacarias Moussaoui. [Source: Sherburne County Sheriffs Office]In an unexpected move, Zacarias Moussaoui pleads guilty to all six terrorism conspiracy charges against him. Moussaoui had been arrested weeks before 9/11, and was formally charged in December 2001 for his role in the 9/11 plot. He says it is “absolutely correct” that he is guilty of the charges: conspiracy to commit acts of terrorism transcending national boundaries; to commit aircraft piracy; to destroy aircraft; to use weapons of mass destruction; to murder US government employees; and to destroy US government property. However, he says, “I was not part of 9/11,” but rather claims he was part of a “broader conspiracy” aimed at post-9/11 attacks. He says he was personally directed by bin Laden to pilot a 747 and “strike the White House” with it, but as part of a “different conspiracy than 9/11.” His plea means there will be no trial to determine guilt, but there will still be a trial to determine his sentencing, which could be as severe as the death penalty. He promises to fight in the sentencing phase, stating he doesn’t deserve death because he was not directly connected to the 9/11 plot. [CNN, 4/23/2005; Washington Post, 4/23/2005] A CNN legal analyst notes that Moussaoui’s guilty plea “makes little sense.” Moussaoui may have actually had a chance to be proven not guilty because of the many thorny legal issues his case raises (two suspected members of the al-Qaeda Hamburg cell have been found not guilty in German courts because they have not been allowed access to testimony from al-Qaeda prisoners who might exonerate them, and Moussaoui so far has been denied access to those same prisoners (see March 22, 2005)). It is pointed out that Moussaoui gave a guilty plea without “any promise of leniency in exchange for his plea,” and that he is unlikely to gain any sympathetic advantage from it in the death penalty trial. CNN’s analyst notes that the statements in his plea “suggest that Moussaoui [mistakenly] thought he had tricked the prosecution.” Doubts still remain whether Moussaoui is fully mentally sound and capable of legally defending himself. [CNN, 4/28/2005] A counterterrorism expert for RAND Corporation says of Moussaoui’s rather confusing statements, “If we thought by the end of the day we would find the holy grail as to exactly what the genesis of 9/11 was and what Moussaoui’s role in it was, we have been sorely disappointed. This contradiction in his behavior raises more questions than it answers.” The Washington Post notes that, “It remains uncertain” whether the death penalty trial “will divulge much new information about the plot.” [Washington Post, 4/23/2005]

Entity Tags: Zacarias Moussaoui, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A high-ranking Yemeni defector alleges that the highest ranks of Yemen’s military and security forces have long collaborated with radical militants in the country. The defector, Ahmed Abdullah al-Hasani, was head of Yemen’s navy at the time of the USS Cole bombing (see October 12, 2000) and recently served as its ambassador to Syria. Al-Hasani claims that the perpetrators of the USS Cole attack “are well known by the regime and some are still officers in the national army.” The Yemeni government hindered the Cole investigation (see After October 12, 2000). Al-Hasani also says that Ali Mohsen al-Ahmar, an army commander who is the half-brother of President Ali Abdallah Saleh and has links with radical militants (see 1980-1990 and May 21-July 7, 1994), was involved in a plot to kidnap Western tourists in 1998 (see December 26, 1998 and December 28-29, 1998). Al-Hasani arrived in Britain with his family, and is apparently debriefed by Western intelligence agencies. He claims to have fallen out with President Saleh over discrimination against southern Yemenis and fears he will be assassinated if he returns home. Yemeni authorities dismiss al-Hasani’s claims. “All these allegations are untrue and groundless,” says a government spokesman. “This man is making these allegations in order to legitimise and give significance to his claim of asylum.” [Sunday Times (London), 5/8/2005]

Entity Tags: Ali Mohsen al-Ahmar, Ahmed Abdullah al-Hasani

Timeline Tags: Complete 911 Timeline

A courtroom sketch of Leonie Brinkema.A courtroom sketch of Leonie Brinkema. [Source: Art Lein / Agence France-Presse]Leonie Brinkema, the federal judge overseeing the prosecution of Zacarias Moussaoui, denies a request to make public an unclassified version of a report on the FBI’s failure to stop the 9/11 attacks. The report, written by the Justice Department’s Inspector General Glenn Fine, was completed in July 2004 (see July 2004) has been held up from publication because of the Moussaoui trial. One portion of the report deals with the FBI’s handling of Moussaoui’s arrest in August 2001 (see August 16, 2001). However, he pleaded guilty earlier in April (see April 22, 2005). Judge Brinkema doesn’t give an explanation for continuing to keep the report classified or hint when it might finally be unclassified. Most of the report has no bearing on Moussaoui. [Washington Post, 4/30/2005] The report will be released two months later with the section on Moussaoui completely removed (see June 9, 2005).

Entity Tags: Leonie Brinkema, Zacarias Moussaoui, Federal Bureau of Investigation, Glenn Fine

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Author Gerald Posner has claimed that shortly after al-Qaeda leader Abu Zubaida was captured in late March 2002 (see March 28, 2002), he was tricked into thinking he had been handed over to the Saudis and then confessed high-level cooperation between al-Qaeda and the Saudi and Pakistani governments. Posner’s account has since been corroborated by New York Times journalist James Risen (see Early April 2002). In a 2005 book, Posner further alleges: “From conversations with investigators familiar with the [9/11 Commission’s] probe, the portions of Zubaida’s interrogation in which he named [Saudi and Pakistani connections] were not provided to the Commission. The CIA has even withheld [them] from the FBI, which is supposed to have access to all terror suspects’ questioning.” [Posner, 2005, pp. 14] There is some circumstantial evidence to support this. Aside from the alleged Saudi trickery, Zubaida reportedly confessed vital intelligence in late March and into April 2002, including the previously unknown fact that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks (see Late March through Early June, 2002). But footnotes from various 9/11 Commission reports indicate that the earliest Zubaida interrogation used by the Commission is from May 23, 2002, after a new CIA team had taken over his interrogation (see Mid-May 2002 and After). [9/11 Commission, 8/21/2004, pp. 65 pdf file] Hundreds of hours of Zubaida’s interrogation sessions have been videotaped by the CIA, but these videotapes will be destroyed by the CIA in 2005 under controversial circumstances (see November 2005).

Entity Tags: Gerald Posner, Abu Zubaida, Central Intelligence Agency, Federal Bureau of Investigation, 9/11 Commission

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Abu Faraj al-Libbi.Abu Faraj al-Libbi. [Source: Pakistani Interior Ministry]Al-Qaeda leader Abu Faraj al-Libbi is arrested in Mardan, Pakistan, near the town of Peshawar. He is captured by Pakistani forces with US assistance. Pakistani President Pervez Musharraf will later claim that he doesn’t even tell the US about al-Libbi’s capture until a few days after it happened (and the first media account comes out three days later), so apparently Pakistan interrogates him on their own for a few days. Al-Libbi is that turned over to the US and detained in a secret CIA prison (see September 2-3, 2006). [New York Times, 5/5/2005; Musharraf, 2006, pp. 209]
Some Call Al-Libbi High-Ranking Leader - In 2004, the Daily Telegraph claimed al-Libbi was Khalid Shaikh Mohammed’s “right hand man” and helped him plan the 9/11 attacks. After Mohammed was arrested in early 2003 (see February 29 or March 1, 2003), Al-Libbi allegedly took his place and became the third in command of al-Qaeda and the group’s operational leader. Furthermore, the Telegraph claims he was once Osama bin Laden’s personal assistant, helped plan two assassination attempts against Pakistani President Pervez Musharraf (see December 14 and 25, 2003), and has been in contact with sleeper cells in the US and Britain. [Daily Telegraph, 9/19/2004] The same month, MSNBC made the same claims. They also called him al-Qaeda’s number three leader and operational commander. [MSNBC, 9/7/2004] President Bush hails al-Libbi’s capture as a “critical victory in the war on terror.” Bush also calls him a “top general” and “a major facilitator and chief planner for the al-Qaeda network.”
Al-Libbi Little Known to Media and Experts - But al-Libbi is little known at the time of his arrest and some experts and insiders question if he really is as important as the US claims. The London Times will report several days after his arrest, “[T]he backslapping in Washington and Islamabad has astonished European terrorism experts, who point out that the Libyan was neither on the FBI’s most wanted list, nor on that of the State Department ‘Rewards for Justice’ program.” One former close associate of Osama bin Laden now living in London laughs at al-Libbi’s supposed importance, saying, “What I remember of him is he used to make the coffee and do the photocopying.” Even a senior FBI official admits that his “influence and position have been overstated.” The Times comments, “Some believe [his] significance has been cynically hyped by two countries [the US and Pakistan] that want to distract attention from their lack of progress in capturing bin Laden, who has now been on the run for almost four years.” [London Times, 5/8/2005] However, later revelations, such as details on al-Libbi’s interrogation (see Shortly After May 2, 2005 and Late 2005), will provide more evidence that al-Libbi in fact was al-Qaeda’s operational leader. It is not known why the FBI did not have him on their most wanted list, if MSNBC and the Telegraph newspaper and other sources were already aware of his importance in 2004.

Entity Tags: George W. Bush, Khalid Shaikh Mohammed, Abu Faraj al-Libbi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Some time after he is captured in May 2005 (see May 2, 2005), al-Qaeda leader Abu Faraj al-Libbi tells his CIA interrogators that he has never heard of Ibrahim Saeed Ahmed. CIA analysts already strongly suspect that Ahmed is a trusted courier working for Osama bin Laden, but they only know him by his main alias Abu Ahmed al-Kuwaiti.
Al-Libbi's False Claims - Al-Libbi tells his interrogators that he does not know who “al-Kuwaiti” is. Instead, he admits that when 9/11 mastermind Khalid Shaikh Mohammed (KSM) was captured in 2003 and al-Libbi was chosen to replace him as al-Qaeda’s operational chief, he was told the news of his selection by a courier. But he says the courier was someone named Maulawi Abd al-Kahliq Jan. CIA analysts never find anyone using this name, and eventually they will conclude that al-Libbi made it up to protect Ahmed (see Late 2005). Later, the CIA will learn Ahmed’s real name, and this fact will eventually lead to bin Laden’s location (see Summer 2009 and July 2010).
False Claims Made While Tortured? - The interrogation techniques used on al-Libbi are unknown. However, days after his capture, the CIA pressures the Justice Department for new legal memorandums approving the use of very brutal methods. [Associated Press, 5/2/2011; New York Times, 5/3/2011]

Entity Tags: Khalid Shaikh Mohammed, Abu Faraj al-Libbi, Ibrahim Saeed Ahmed, Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Outgoing Undersecretary of Defense Douglas Feith, one of the key architects of the Iraq occupation, is bemused by the fact that, despite his predictions and those of his neoconservative colleagues, Iraq is teetering on the edge of all-out civil war. He has come under fire from both political enemies and former supporters, with Senator Carl Levin (D-MI) accusing him of deceiving both the White House and Congress, and fellow neoconservative William Kristol accusing him of “being an agent of” disgraced Defense Secretary Donald Rumsfeld (see November 6-December 18, 2006). Feith defends the invasion of Iraq, calling it “an operation to prevent the next, as it were, 9/11,” and noting that the failure to find WMD is essentially irrelevant to the justification for the war. “There’s a certain revisionism in people looking back and identifying the main intelligence error [the assumption of stockpiles] and then saying that our entire policy was built on that error.” Feith is apparently ignoring the fact that the administration’s arguments for invading Iraq—including many of his own assertions—were built almost entirely on the “error” of the Iraqi WMD threat (see July 30, 2001, Summer 2001, September 11, 2001-March 17, 2003, Shortly After September 11, 2001, September 14, 2001, September 19-20, 2001, September 20, 2001, October 14, 2001, November 14, 2001, 2002, 2002-March 2003, February 2002, Summer 2002, August 26, 2002, September 3, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 10, 2002, September 12, 2002, Late September 2002, September 19, 2002, September 24, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 12, 2002, January 9, 2003, February 3, 2003, February 5, 2003, February 8, 2003, March 22, 2003, and March 23, 2003, among others).
Cultural Understanding Did Not Lead to Success - Feith says he is not sure why what he describes as his deep understanding of Iraqi culture did not lead to accurate predictions of the welcome the US would receive from the Iraqi people (see November 18-19, 2001, 2002-2003, September 9, 2002, and October 11, 2002). “There’s a paradox I’ve never been able to work out,” he says. “It helps to be deeply knowledgeable about an area—to know the people, to know the language, to know the history, the culture, the literature. But it is not a guarantee that you will have the right strategy or policy as a matter of statecraft for dealing with that area. You see, the great experts in certain areas sometimes get it fundamentally wrong.” Who got it right? President Bush, he says. “[E]xpertise is a very good thing, but it is not the same thing as sound judgment regarding strategy and policy. George W. Bush has more insight, because of his knowledge of human beings and his sense of history, about the motive force, the craving for freedom and participation in self-rule, than do many of the language experts and history experts and culture experts.”
'Flowers in Their Minds' - When a reporter notes that Iraqis had not, as promised, greeted American soldiers with flowers, Feith responds that they were still too intimidated by their fear of the overthrown Hussein regime to physically express their gratitude. “But,” he says, “they had flowers in their minds.” [New Yorker, 5/9/2005; Scoblic, 2008, pp. 228-229]

Entity Tags: US Department of Defense, Carl Levin, William Kristol, Douglas Feith

Timeline Tags: Iraq under US Occupation

Steven Bradbury, the head of the Justice Department’s Office of Legal Counsel, issues a classified memo to John Rizzo, the senior deputy counsel for the CIA. The memo will remain classified for nearly four years (see April 16, 2009). It addresses, in the words of the American Civil Liberties Union (ACLU), “whether CIA interrogation methods violate the cruel, inhuman, and degrading treatment standards under federal and international law.” Bradbury concludes that neither past nor present CIA interrogation methods violate such standards. [Office of Legal Counsel, 5/10/2005 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]
CIA Techniques Not Torture, Bradbury Explains - Bradbury calls torture “abhorrent” and “universally repudiated,” and says the US will never condone it. Afterwards, he spends a great deal of effort explaining why the various techniques used by the CIA do not constitute torture. Bradbury goes into numerous details about varieties of “harsh interrogation techniques” that can be used on prisoners, often restating details from an August 2002 OLC memo (see August 1, 2002) and elaborating on those descriptions. One technique he details is forced nudity. “Detainees subject to sleep deprivation who are also subject to nudity as a separate interrogation technique will at times be nude and wearing a diaper,” he writes, and notes that the diaper is “for sanitary and health purposes of the detainee; it is not used for the purpose of humiliating the detainee and it is not considered to be an interrogation technique.… The detainee’s skin condition is monitored, and diapers are changed as needed so that the detainee does not remain in a soiled diaper.” He cites “walling,” a technique involving slamming a detainee into a “false wall,” and writes, “Depending on the extent of the detainee’s lack of cooperation, he may be walled one time during an interrogation session (one impact with the wall) or many times (perhaps 20 or 30 times) consecutively.” Other techniques Bradbury cites include waterboarding, “abdominal slaps,” and “water dousing.” For water dousing, Bradbury gives specific restrictions: “For example, in employing this technique:
bullet “For water temperarure of 41°F, total duration of exposure may not exceed 20 minutes without drying and rewarming.
bullet “For water temperarure of 50°F, total duration of exposure may not exceed 40 minutes without drying and rewarming.
bullet “For water tempetarure of 59°F, total duration of exposure may not exceed 60 minutes without drying and rewarming.
“The minimum permissible temperature of the water used in water dousing is 41°F, though you have informed us that in practice the water temperature is generally not below 50°F, since tap water rather than refrigerated water is generally used.” [Office of Legal Counsel, 5/10/2005 pdf file; CNN, 4/17/2009]
Waterboarding Used More Frequently than Authorized - Bradbury also notes that waterboarding is sometimes used more times than authorized or indicated. Referring to an as-yet-unreleased 2004 report by the CIA’s inspector general on torture and abuse of detainees, he writes: “The IG report noted that in some cases the waterboard was used with far greater frequency than initially indicated.… (‘[T]he waterboard technique… was different from the technique described in the DoJ [Department of Justice] opinion and used in the SERE training (see December 2001 and July 2002). The difference was the manner in which the detainee’s breathing was obstructed. At the SERE school and in the DoJ opinion, the subject’s airflow is disrupted by the firm application of a damp cloth over the air passages; the interrogator applies a small amount of water to the cloth in a controlled manner. By contrast, the [CIA] interrogator… applied large volumes of water to a cloth that covered the detainee’s mouth and nose. One of the psychologists/interrogators acknowledged that the agency’s use of the technique is different from that used in SERE training because it is ‘for real—and is more poignant and convincing.’)… The inspector general further reported that ‘OMS [the CIA’s Office of Medical Services] contends that the expertise of the SERE waterboard experience is so different from the subsequent agency usage as to make it almost irrelevant. Consequently, according to OMS, there was no a priori reason to believe that applying the waterboard with the frequency and intensity with which it was used by the psychologist/interrogators was either efficacious or medically safe.‘… We have carefully considered the IG report and discussed it with OMS personnel. As noted, OMS input has resulted in a number of changes in the application of the waterboard, including limits on frequency and cumulative use of the technique. Moreover, OMS personnel are carefully instructed in monitoring this technique and are personally present whenever it is used.… Indeed, although physician assistants can be present when other enhanced techniques are applied, ‘use of the waterboard requires the presence of the physician.’” [Office of Legal Counsel, 5/10/2005 pdf file]

Entity Tags: US Department of Justice, Steven Bradbury, Central Intelligence Agency, Office of Legal Counsel (DOJ), American Civil Liberties Union

Timeline Tags: Civil Liberties

Ali Soufan.Ali Soufan. [Source: CBS News]Ali Soufan resigns from the FBI. As an Arabic-speaking Muslim who joined the FBI long before 9/11 (see November 1997), Soufan has become one of the FBI’s best interrogators and experts on al-Qaeda. However, in a 2011 book, he will claim that he grew increasingly frustrated due to the CIA’s opposition to his work. “It was… clear that some high-level people at the time were specifically targeting me—I was told that by more than a few FBI executives and CIA colleagues,” he will write. “Ever since I had been interviewed by the 9/11 Commission, I was a marked man.” In 2004, Soufan gave information to the 9/11 Commission that made the CIA look bad. He will claim there were instances when the FBI wanted him to go overseas as part of an investigation but the CIA tried to prevent him from doing so. [Soufan, 2011, pp. 515-517, 522-523]

Entity Tags: Federal Bureau of Investigation, Ali Soufan, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Steven Bradbury, the acting head of the Justice Department’s Office of Legal Counsel, issues a classified memo. The contents and the recipient remain secret, but the American Civil Liberties Union (ACLU) will later determine the memo deals with the use of “enhanced interrogation techniques” by the CIA. In early May, Bradbury determined that none of the CIA’s past or present interrogation methods violated either federal or international standards (see May 10, 2005). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

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