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Context of 'October 2, 2007: Goldsmith Testifies that Bush Sent White House Aides to Pressure Ashcroft'

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

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

Timeline Tags: Civil Liberties

The US and the Soviet Union sign the Anti-Ballistic Missile Systems (ABM) Treaty. It will be ratified by the US Senate in August 1972, and will go into force in October 1972. Originally, the treaty agrees that each nation can have only two ABM deployment areas, located so that those areas cannot provide a nationwide ABM defense or become the basis for developing one. In essence, the ABM Treaty prevents either nation from developing a missile defense system (see March 23, 1983), and allows each country the likelihood of destroying the other with an all-out nuclear barrage. The treaty puts in place the doctrine of MAD, or Mutual Assured Destruction, which states that because both nations can obliterate the other in a nuclear exchange, neither one will trigger such a strike. In 1976, an addendum to the treaty further limits the number of ABM deployment areas from two to one; the Soviets will deploy a rudimentary ABM system around Moscow, but the US never does, and even deactivates its single ABM site near Grand Forks, North Dakota. In 2001, US President George W. Bush will unilaterally withdraw from the treaty (see December 13, 2001 and June 14, 2002). [Federation of American Scientists, 1/15/2008]

Entity Tags: Nixon administration, George W. Bush

Timeline Tags: US International Relations

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

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

Timeline Tags: Civil Liberties

President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]

Entity Tags: Foreign Intelligence Surveillance Act, George W. Bush, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

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

Timeline Tags: Torture of US Captives

NSA servers used to collect and sift data.NSA servers used to collect and sift data. [Source: FrancesFarmersRevenge.com]The National Security Agency (see 1952) begins building a massive data-mining system, code-named “Trailblazer,” that is intended to sift through reams of digital communications intercepts and find nuggets of information relevant to national security. The program’s task is huge—to sort through the 2 million bits of data the NSA collects every hour—and one made even more complex by the relatively new types of wireless, Internet, cell phone, and instant messaging communications now becoming ever more commonplace. Trailblazer is strongly embraced by General Michael Hayden, who became the NSA’s director in March 1999. Hayden recognizes from the outset that the NSA is years behind the technological curve, and casts Trailblazer as the future of the agency’s intelligence gathering and sorting. In November 1999, Hayden makes Trailblazer the centerpiece of his “100 Days of Change,” his plan to transform the agency into a leaner, more efficient organization, fast-tracking the program to vault it ahead of other initiatives. “It was going to structure us to handle the digital revolution,” a former intelligence official will recall. But from the outset the program has problems: a meeting between NSA and other government officials in December 1999 is unpromising, and, according to one government oversight official, the program “kicked off with not a real great definition of what it was trying to achieve.” Program managers fail to define standard data formats to allow for the proper sorting of information. After six years, $1.2 billion in expenditures, and endless man-hours of work, the utterly failed program will be recognized as the “biggest boondoggle… in the intelligence community” (see January 2006). [Baltimore Sun, 1/29/2006]

Entity Tags: Trailblazer, National Security Agency, Michael Hayden

Timeline Tags: Civil Liberties

Jamal Zougam.Jamal Zougam. [Source: El Mundo]By 2000, a Moroccan living in Spain named Jamal Zougam begins to attract the attention of Spanish intelligence. Barakat Yarkas frequently travels to London to meet with al-Qaeda-linked imam Abu Qatada, and Zougam accompanies Yarkas on at least one of these trips (see 1995-February 2001). Spanish intelligence is monitoring Yarkas and his cell, and they are aware that Zougam is introduced to Qatada as “a gifted young recruit.” [Agence France-Presse, 3/17/2004; Irujo, 2005, pp. 77-79] In June 2001, a French investigator warns that Zougam is an important militant with international links and advise the Spanish to arrest him (see June 2001). Around the same time, Spanish investigators learn that Zougam met with Mohammed Fazazi, a Moroccan imam who preached at the Al-Quds mosque in Hamburg, Germany, that is attended by some of the 9/11 hijackers (see 1993-Late 2001). On August 14, 2001, Zougam is recorded telling Yarkas that he had offered Fazazi money for the jihad cause. Fazazi is also linked to Abu Qatada and had met him in London. After the May 2003 Casablanca bombings (see May 16, 2003), interest in Zougam increases as the Moroccan, Spanish, and French governments all suspect he was involved in those bombings. But he is still not arrested, and his surveillance in Spain is not increased, apparently due to lack of resources. [New York Times, 3/17/2004; Observer, 3/21/2004] In the days before the March 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), Zougam makes about a dozen phone calls to contacts in London. He is said to talk to four al-Qaeda suspects, as well as a “radical London-based preacher” - a possible reference to Abu Qatada. Zougam will later be sentenced to life in prison for playing a direct role in the Madrid bombings. [Daily Mail, 11/1/2007] After the Madrid bombings, British authorities will say that there was a “definite link” to Britain in the bomb plot. Zougam is believed to have made trips to London in search of funding, planning, and logistical help, and supplying equipment and false identification papers for the bombers. [Independent, 3/19/2004] One figure believed central to the bomb plot, Moutaz Almallah, will be arrested in London in 2005 and extradited to Spain in 2007 (see May 16, 2005).

Entity Tags: Jamal Zougam, Mohammed Fazazi, Abu Qatada, Barakat Yarkas, Moutaz Almallah

Timeline Tags: Complete 911 Timeline

Mike Frost.Mike Frost. [Source: NineMSN]One of the few commercial media reports about Echelon, the NSA’s global surveillance network (see April 4, 2001), appears on CBS’s 60 Minutes. The report is disturbing in its portrayal of Echelon as a surveillance system capable of, in host Steve Kroft’s words, capturing “virtually every electronic conversation around the world.” Kroft continues, “[V]irtually every signal radiated across the electromagnetic spectrum is being collected and analyzed,” including land line and cell phone signals, ATM transactions, fax machines,public and private radio broadcasts, even baby monitors. Mike Frost, a former intelligence officer for the CSE, the Canadian equivalent of the National Security Agency which often works closely with the NSA, says, “The entire world, the whole planet” is being surveilled. “Echelon covers everything that’s radiated worldwide at any given instant.… Every square inch is covered.” Listening stations around the world transmit their data to the NSA’s headquarters at Fort Meade, Maryland, where, as Kroft says, “acres of supercomputers scan millions of transmissions word by word, looking for key phrases and, some say, specific voices that may be of major significance.” Frost adds, “Everything is looked at. The entire take is looked at. And the computer sorts out what it is told to sort out, be it, say, by key words such as ‘bomb’ or ‘terrorist’ or ‘blow up,’ to telephone numbers or—or a person’s name. And people are getting caught, and—and that’s great.” Echelon is so secret that even its successes are not publicly documented, though it is believed that, among other successes, it helped capture international terrorist “Carlos the Jackal,” and helped identify two Libyans accused of planting a bomb on PanAm Flight 103 [CBS News, 2/27/2000] which exploded over Lockerbie, Scotland in 1988, killing 270 people. [Washington Post, 12/22/1988] “I say, never over-exaggerate the capacity of a system such as Echelon,” Frost noted in a 1999 interview with the Australian press. “Never ever over-exaggerate the power that these organizations have to abuse a system such as Echelon. Don’t think it can’t happen in Australia. Don’t think it can’t happen in Canada, because it does.” [NineMSN, 5/23/1999]
Monitoring Legal Conversations - As successful as Echelon has been in capturing terrorists, international drug dealers, and various criminals, it has raised serious concerns for its capability of monitoring ordinary, innocent civilians. Frost says that such monitoring happens every day: “Not only possible, not only probable, but factual. While I was at CSE, a classic example: A lady had been to a school play the night before, and her son was in the school play and she thought he did a—a lousy job. Next morning, she was talking on the telephone to her friend, and she said to her friend something like this, ‘Oh, Danny really bombed last night,’ just like that. The computer spit that conversation out. The analyst that was looking at it was not too sure about what the conversation w—was referring to, so erring on the side of caution, he listed that lady and her phone number in the database as a possible terrorist.” Though the NSA has a long and checkered history of spying on American citizens, including extensive monitoring of antiwar and civil rights protesters during the 1970s, the agency refuses to provide any information about its activities—not to the public and not even to Congress. Congressman Bob Barr (R-GA) has for years pressed for more information about the program, which he recently said “engages in the interception of literally millions of communications involving United States citizens.” Even the chairman of the House Intelligence Committee, Porter Goss (R-FL) had trouble getting information when he requested it last year. At the time, Goss said, “[T]here was some information about procedures in how the NSA people would employ some safeguards, and I wanted to see all the correspondence on that to make sure that those safeguards were being completely honored. At that point, one of the counsels of the NSA said, ‘Well, we don’t think we need to share this information with the Oversight Committee.’ And we said, ‘Well, we’re sorry about that. We do have the oversight, and you will share the information with us,’ and they did.” Goss had to threaten to cut the NSA’s budget before the agency would share even limited information with him. When asked how he can be sure the NSA isn’t listening in on ordinary citizens’ communications, Goss merely says, “We do have methods for that, and I am relatively sure that those procedures are working very well.”
Princess Diana, Human Rights Organizations Monitored - Evidence presented in the broadcast also suggests the NSA was monitoring Princess Diana (see November 30, 1998), as well as Amnesty International, Greenpeace, and other groups (see February 27, 2000). [CBS News, 2/27/2000]
British Ministers Monitored - Frost cites an instance where then-Prime Minister Margaret Thatcher monitored two of her own ministers (see 1983).
Americans Monitored - Former NSA contractor Margaret Newsham recalls hearing a monitored conversation featuring then-Senator Strom Thurmond (see April, 1988). Frost is not surprised. “Oh, of course it goes on,” he says. “Been going on for years. Of course it goes on.” Kroft asks, “You mean the National Security Agency spying on politicians in… in the United States?” Frost replies, “Sounds ludicrous, doesn’t it? Sounds like the world of fiction. It’s not; not the world of fiction. That’s the way it works. I’ve been there. I was trained by you guys” (see 1980s). Goss seems less concerned. He says that it is “[c]ertainly possible that something like that could happen. The question is: What happened next?… It is certainly possible that somebody overheard me in a conversation. I have just been in Europe. I have been talking to people on a telephone and elsewhere. So it’s very possible somebody could have heard me. But the question is: What do they do about it? I mean, I cannot stop the dust in the ether; it’s there. But what I can make sure is that it’s not abused—the capability’s not abused, and that’s what we do.”
Used for Corporate Advantage - In 2001, the European Parliament released a report listing many of Echelon’s surveillance stations around the world and detailing their capabilities (see July 11, 2001). Kroft notes, “The report says Echelon is not just being used to track spies and terrorists. It claims the United States is using it for corporate and industrial espionage as well, gathering sensitive information on European corporations, then turning it over to American competitors so they can gain an economic advantage.”
Encryption Effective? - European governments and corporations are encrypting more and more of their phone, fax, and e-mail transmissions to keep Echelon from listening in. In response, the US government is pressuring the Europeans to give US law enforcement and intelligence agencies software keys so that they can unlock the code in matters of national security. Parliament member Glyn Ford is not opposed to the idea in principle: “[I]f we are not assured that that is n—not going to be abused, then I’m afraid we may well take the view, ‘Sorry, no.’ In [Britain], it’s traditional for people to leave a key under the doormat if they want the neighbors to come in and—and do something in their house. Well, we’re neighbors, and we’re not going to leave the electronic key under the doormat if you’re going to come in and steal the family silver.” The NSA, CSE, and even Echelon are necessary evils, Ford acknowledges, but, “My concern is no accountability and nothing—no safety net in place for the innocent people that fall through the cracks. That’s my concern.” [CBS News, 2/27/2000]

Entity Tags: Greenpeace, Wayne Madsen, Glyn Ford, Echelon, Communications Security Establishment, Central Intelligence Agency, Amnesty International, Strom Thurmond, Electronic Privacy Information Center, Steve Kroft, Princess Diana, Mike Frost, Margaret Thatcher, Margaret Newsham, National Security Agency, Robert “Bob” Barr, House Intelligence Committee, Porter J. Goss, Ilich Ramírez Sanchez

Timeline Tags: Civil Liberties

Said Berraj.Said Berraj. [Source: Spanish Interior Ministry]Five suspected al-Qaeda operatives, Said Berraj, Amer el-Azizi, Mohamed Haddad, Lahcen Ikassrien, and Salahedin Benyaich, are arrested in Turkey. They are arrested two weeks after arriving in Turkey, apparently for failing to produce identification papers. They are later released, but the reason for releasing them is unknown. Turkey is a transit center and logistics base for al-Qaeda (see November 1996-September 1998 and Mid-1996) and el-Azizi is said to operate there, as well as in Iran and, possibly, Iraq. Berraj, Haddad, and el-Azizi will later be involved in an attack in Madrid, Spain, that kills nearly 200 people (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004) and Benyaich will later be jailed in Morocco on terrorism charges following a bombing in Casablanca (see May 16, 2003). El-Azizi will also apparently be involved in setting up a meeting where details of the 9/11 plot are finalized (see Before July 8, 2001). [Los Angeles Times, 4/14/2004; New York Times, 4/29/2004; New York Times, 4/30/2004; El Mundo (Madrid), 9/14/2004] Ikassrien will be arrested in Afghanistan in late 2001 and sent to the Guantanamo prison. He will be released back to Spain in 2005, charged for al-Qaeda links, an acquitted. [Associated Press, 10/11/2006]
Possible Informants - Berraj is an informant for Spanish intelligence, regularly meeting with intelligence agents in 2003. It is unknown when he begins informing (see Shortly Before March 11, 2004). Haddad will not be arrested in Morocco after the 2004 train bombings despite strong evidence he was directly involved, leading to suspicions that he has been a government informant (see Shortly After March 18, 2004). El-Azizi also will be suspected of being a government informant because he is tipped off by Spanish intelligence about a police raid (see Shortly After November 21, 2001). He is also arrested in Turkey for passport forgery at one point, and then let go, although it is not clear when. [Wall Street Journal, 3/19/2004] Turkish intelligence is aware of extremists’ use of Turkey as a base (see 1996), but it is unclear whether this is related to the arrest of the three men. El-Azizi will repeatedly evade arrest in Spain after 9/11, apparently with the help of Spanish intelligence (see October 2001 and Shortly After November 21, 2001).

Entity Tags: Lahcen Ikassrien, Said Berraj, Salahedin Benyaich, Mohamed Haddad, Amer el-Azizi

Timeline Tags: Complete 911 Timeline

The NSA completes a report for the incoming Bush administration entitled “Transition 2000” that tells how the NSA is planning to improve its intelligence gathering. More importantly, it tells incoming White House officials that in the process of improving its intelligence gathering, some US citizens will inevitably be targeted for surveillance, though, according to a former NSA official, analysts were supposed to “delete the name of the” citizen being surveilled. Such inadvertent surveillance of US citizens took place even during the Clinton administration, says that former official, but the citizens’ names were always deleted from the transcripts of the communications intercepts. The law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents. (With the permission of the Foreign Intelligence Surveillance Court (FISC), the NSA can spy on diplomats and foreigners inside US borders.) An NSA official will tell the Boston Globe in October 2001, “If, in the course of surveillance, NSA analysts learn that it involves a US citizen or company, they are dumping that information right then and there.” However, once President Bush takes office in January 2001, that practice will undergo a radical change (see Spring 2001). [Truthout (.org), 1/17/2006] In the same transition report, agency officials say that the NSA must become a “powerful, permanent presence” on the commercial communications networks, a goal they admit will raise legal and privacy issues. [New York Times, 12/16/2007]

Entity Tags: Bush administration (43), National Security Agency

Timeline Tags: Civil Liberties

In 2008, Abdelkader Belliraj, a Belgian government informant heading an Islamist militant group in Morocco, will be arrested in Morocco (see February 18, 2008 and February 29, 2008). Moroccan Interior Minister Chakib Benmoussa will claim that in 2001 Belliraj and several of his followers travel to Afghanistan to meet al-Qaeda second-in-command Ayman al-Zawahiri. Al-Zawahiri gives Belliraj specific instructions to carry out. Belliraj’s followers then train in al-Qaeda camps alongside militants belonging to the Moroccan Islamic Combatant Group, another al-Qaeda linked Moroccan militant group. That group will later carry out a series of attacks in Casablanca in 2003 (see May 16, 2003) and play a role in the Madrid train bombings in 2004 (see 7:37-7:42 a.m., March 11, 2004). It is not known if Belliraj meets al-Zawahiri before or after the 9/11 attacks. [Los Angeles Times, 2/27/2008; Het Laatste News, 3/4/2008] Belliraj’s group maintains al-Qaeda links after this. For instance, in 2005 Belliraj visits training camps run by the Algerian militant group the Salafist Group for Preaching and Combat. One year later, that group will change its name to be Al-Qaeda in the Magreb. [Maghreb Arabe Presse, 3/2/2008]

Entity Tags: Chakib Benmoussa, Abdelkader Belliraj, Al-Qaeda, Ayman al-Zawahiri, Salafist Group for Preaching and Combat, Moroccan Islamic Combatant Group

Timeline Tags: Complete 911 Timeline

The NSA asks Qwest, a major US telecommunications firm and a cutting-edge provider of high-tech wireless and Internet connectivity, to reveal information about its customers and their phone calls. Qwest’s CEO, Joe Nacchio, refuses after meeting with NSA officials and deciding that the program is illegal without court orders (see February 27, 2001). The NSA refuses to seek court authorization for its wiretaps and electronic surveillance. The NSA will renew its request from Qwest after the 9/11 attacks, and will also ask the firm to help it track suspected terrorists. Other telecommunications firms such as Verizon, AT&T, and BellSouth, will comply with the NSA’s requests (see February 2001 and Beyond).
Fears of a 'Digital Pearl Harbor' - According to a former White House official, the NSA’s primary purpose before 9/11 is to watch for computer hackers and foreign-government agents trying to hack into the government’s computer information systems, particularly those within the Defense Department. Government officials fear a “digital Pearl Harbor” if hackers were ever to seize control of those systems or other key US infrastructures. The former official will say in 2007 that the NSA’s proposal to Qwest is, “Can you build a private version of Echelon and tell us what you see?” Echelon is the NSA’s enormous signals intelligence (SIGINT) network used by the agency and its counterparts in Australia, Canada, New Zealand, and Britain. Qwest is constructing a high-speed network for phone and Internet traffic, and the NSA wants Qwest to keep records of its customers’ transactions for it. The NSA, another source will say, wants to analyze call, e-mail, and other transmissions’ traffic patters for signs of suspicious activity. The White House official will say that telecom firms such as Qwest “have an enormous amount of intelligence-gathering” capability. They don’t have to target individual customers to “look for wacky behavior,” or “groups communicating with each other in strange patterns.” Such information could augment intelligence that the NSA and other agencies were gathering from other sources, and enable the NSA to collect the information it wants without violating laws prohibiting it and other intelligence agencies from directly gathering data on US citizens.
Ill Will from NSA - Nacchio’s refusal to go along with the NSA’s request garners it some ill will among the US intelligence community, the former White House official will say. Nacchio will contend that because of his refusal, the NSA denied Qwest a lucrative government contract. A former high-level intelligence official will add that other telecom companies had little problem agreeing to the NSA’s requests. Nacchio believes that the NSA’s request is illegal under the Telecommunications Act without court orders; the former White House official will acknowledge that it might violate the 1986 Electronic Communications Privacy Act. After 9/11, that law will be amended by the USA Patriot Act to give the government more room to monitor US citizens.
Qwest, Other Telecom Firms Cooperative with Other Agencies - Qwest is apparently less reluctant to share other information with the Pentagon. Qwest began sharing its technology and information as far back as 1997 (see 1997). In May 2001, Commerce Secretary Don Evans will tell the Senate Appropriations Committee that his department helped persuade Qwest to “share proprietory information with the Defense Department to evaluate the vulnerability of its network.” Qwest, which serves the Rocky Mountain and West Coast regions of the country, covers the areas that house some of the military’s most important command-and-control facilities, including the US Strategic Command. In the 1990s, Qwest began actively pursuing contracts with the Defense Department to build more modern, private, secure networks for defense and intelligence agencies. [National Journal, 11/2/2007]
Meetings with Bush Officials - In court documents filed in 2006 to challenge his prosecution for insider trading and, in heavily redacted form, released to the public in 2007, Nacchio will indicate that telecom executives met frequently with Bush administration officials before 9/11, including Deputy Defense Secretary Paul Wolfowitz, National Security Adviser Condoleezza Rice, NSA Director Michael Hayden, and counterterrorism “tsar” Richard Clarke. Many telecom firms are working closely with the government to develop highly classified operations, including joint networks to which the government will have unfettered access. The future director of national intelligence, Mike McConnell, works with telecom firms to expand the cooperation between the telecom industry and the federal government. [Salon, 10/15/2007]

Entity Tags: Condoleezza Rice, US Department of Defense, Bush administration (43), Verizon Communications, AT&T, US Department of Commerce, Senate Appropriations Committee, US Strategic Command, BellSouth, Donald L. Evans, Echelon, Richard A. Clarke, Qwest, Mike McConnell, National Security Agency, Joe Nacchio, Paul Wolfowitz

Timeline Tags: Civil Liberties

The National Security Agency (NSA) engages in apparently illegal surveillance of US citizens beginning shortly after the inauguration of George W. Bush as president. This will not be revealed to the public until media reports in January 2006, a month after the press revealed that the NSA had engaged in similar illegal wiretaps and surveillance of American citizens after the 9/11 attacks, using those attacks as justification for the surveillance (see December 15, 2005). The former NSA and counterterrorism officials who reveal the pre-9/11 spying will claim that the wiretaps, e-mail monitoring, and Internet surveillance were all “inadvertent,” as NSA computers “unintentionally” intercepted US citizens’ international phone calls and e-mails when the computers flagged keywords. NSA protocol demands that such “inadvertent” surveillance end as soon as NSA analysts realize they are spying on those citizens, and the names of the monitored citizens are supposed to be deleted from the NSA databases. Instead, the NSA is instructed to continue monitoring some citizens that are characterized as “of interest” to White House officials. Those officials include President Bush, Vice President Cheney, and Defense Secretary Donald Rumsfeld, say the former NSA and counterterrorism officials. In December 2000, the NSA told the incoming Bush administration that some US citizens are being inadvertently targeted for surveillance, but the names of the citizens are deleted because the law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents (see December 2000). However, once Bush takes office in January 2001, that practice undergoes a radical change. In the first few months of the administration, President Bush assigns Vice President Cheney to make himself more of a presence at the various US intelligence agencies, particularly the CIA, NSA, and DIA. Cheney, along with other officials at the State and Defense Departments, begins making repeated requests to the NSA to reveal the identities of those Americans which had previously been deleted, so that administration officials can more fully understand the context and scope of the intelligence. Such requests are technically legal. But Cheney goes well beyond the law when he requests, as he frequently does, that the NSA continue monitoring specific Americans already caught up in the NSA’s wiretaps and electronic surveillance. A former White House counterterrorism official will later claim that Cheney advised Bush of what he was learning from the NSA. “What’s really disturbing is that some of those people the vice president was curious about were people who worked at the White House or the State Department,” says another former counterterrorism official. “There was a real feeling of paranoia that permeated from the vice president’s office and I don’t think it had anything to do with the threat of terrorism. I can’t say what was contained in those taps that piqued his interest. I just don’t know.” [Truthout (.org), 1/17/2006]

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Defense Intelligence Agency, George W. Bush, Donald Rumsfeld, US Department of Defense, National Security Agency, US Department of State

Timeline Tags: Civil Liberties

In July 2001, NSA director Michael Hayden tells a reporter that the NSA does not monitor any US citizens without court warrants from the Foreign Intelligence Surveillance Court (FISC). “We don’t do anything willy-nilly,” Hayden says. “We’re a foreign intelligence agency. We try to collect information that is of value to American decision-makers, to protect American values, America—and American lives. To suggest that we’re out there, on our own, renegade, pulling in random communications, is—is simply wrong. So everything we do is for a targeted foreign intelligence purpose. With regard to the—the question of industrial espionage, no. Period. Dot. We don’t do that.” When asked how Americans could verify that, Hayden says that they should simply trust the NSA to police and monitor itself, along with oversight from the White House and from Congress. However, it will later come to light that the NSA began illegally monitoring US citizens from the start of the Bush administration (see Spring 2001). A former NSA official will later dispute Hayden’s account. “What do you expect him to say?” the official says. “He’s got to deny it. I agree. We weren’t targeting specific people, which is what the President’s executive order does. However, we did keep tabs on some Americans we caught if there was an interest [by the White House.] That’s not legal. And I am very upset that I played a part in it.” [Truthout (.org), 1/17/2006] Hayden also denies persistent allegations from European government officials that the agency has engaged in economic espionage to help American companies against European competitors (see April 4, 2001). In March 2001, the American Civil Liberties Union’s Barry Steinhardt says that “since there is no real check on [the NSA], there is no way to know” if they are following the law. Steinhardt says that Congress is the only real check on possible NSA abuses, but it has consistently failed to exercise any sort of aggressive oversight on the agency. [CNN, 3/31/2001]

Entity Tags: National Security Agency, Barry Steinhardt, Michael Hayden, American Civil Liberties Union

Timeline Tags: Civil Liberties

Some al-Qaeda operatives hold a meeting in northern Spain to finalize plans for the 9/11 attacks. Those allegedly present are listed below. The first two operatives listed are definitely present; it is less certain that the others are there:
bullet Future 9/11 hijacker Mohamed Atta. [El Mundo (Madrid), 9/30/2001]
bullet Ramzi bin al-Shibh, an associate of Atta from Hamburg, arrives in Spain on July 9, and stays until July 16. Spanish authorities are notified of his arrival in the country by German intelligence (see (Around July 9, 2001)). [New York Times, 5/1/2002]
bullet Some reports say that 9/11 hijacker Marwan Alshehhi attends, although if he does, he may use a false identity, as US immigration has no records of his departure or return. [El Mundo (Madrid), 9/30/2001; US Department of Justice, 5/20/2002]
bullet The Spanish newspaper La Vanguardia will later report that 9/11 hijackers Waleed and Wail Alshehri meet Atta on July 16. [Associated Press, 9/27/2001] However, there will be no mention of them attending the meeting in some other accounts. For example, their attendance will not be mentioned in the relevant section of the 9/11 Commission Report. [9/11 Commission, 7/24/2004, pp. 243-5]
bullet Amer el-Azizi. [Wall Street Journal, 4/7/2004; Associated Press, 1/23/2005] El-Azizi, who seems to have made preparations for the meeting, is under surveillance at this time, as Spanish authorities are listening in on his phone calls. [Wall Street Journal, 3/19/2004] Calls possibly related to the meeting’s organization were overheard (see Before July 8, 2001). [Los Angeles Times, 4/14/2004; Los Angeles Times, 4/29/2004] Spanish judge Baltasar Garzon will later indict el-Azizi for helping plan 9/11 and say that he assisted the plotters by arranging accommodation for them and acting as a courier. However, US officials will be less certain of his involvement. [Associated Press, 1/23/2005] His arrest shortly after 9/11 will be frustrated by Spanish intelligence (see October 2001 and Shortly After November 21, 2001) and he will go on to be involved in the 2004 Madrid bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004).
bullet Barakat Yarkas, head of an al-Qaeda-linked cell in Spain. [New York Times, 11/20/2001; Los Angeles Times, 1/14/2003]
bullet Mohammed Belfatmi. Belfatmi is an associate of Yarkas, and lives near the hotels where Atta and bin al-Shibh stay. He will flee Europe just before 9/11 with Said Bahaji, a member of the al-Qaeda cell in Hamburg (see September 3-5, 2001). [Los Angeles Times, 1/14/2003; BBC Worldwide Monitoring, 12/2/2004]
bullet Mamoun Darkazanli and Mohammed Haydar Zammar, associates of Atta’s from Germany.
bullet Al Jazeera reporter Tayseer Allouni.
bullet Said Bahaji, a member of the al-Qaeda cell in Hamburg. According to Spanish investigators, Bahaji is with Atta the entire time, and they both stay at the Monica Hotel. [Fouda and Fielding, 2003, pp. 137]
bullet 9/11 mastermind Khalid Shaikh Mohammed (KSM). In 2002, Al Jazeera journalist Yosri Fouda will allegedly interview bin al-Shibh and KSM together before either of them are arrested (see April, June, or August 2002). Neither bin al-Shibh nor KSM will discuss any details of the meeting with Fouda, including who attended. KSM will neither confirm nor deny he was there. However, in a 2003 book, Fouda will claim that, according to Spanish investigators, the initial attendees are Atta, bin al-Shibh, Bahaji, and a fourth man who might be KSM. They are later joined by Alshehhi and two unnamed others. [Fouda and Fielding, 2003, pp. 137]
However, there is a parallel meeting in Granada, in the south of Spain, at this time, and Yarkas, Darkazanli, Zammar, and Allouni may only be at that meeting, and may not meet Atta and bin al-Shibh in person (see July 6, 2001 and Shortly After). [New York Times, 11/20/2001; Los Angeles Times, 1/14/2003] After being captured, bin al-Shibh will deny meeting anyone other than Atta while in Spain. [9/11 Commission, 7/24/2004, pp. 243-5] However, questions will be raised about the quality of information obtained from detainees due to the methods—including torture—used to extract it (see June 16, 2004). The movements of Atta and his associates in Spain are apparently mirrored by those of FBI agents John O’Neill and Mark Rossini (see July 5-16, 2001).

Entity Tags: Mamoun Darkazanli, Wail Alshehri, Marwan Alshehhi, Khalid Shaikh Mohammed, Mohamed Atta, Mohammed Haydar Zammar, Amer el-Azizi, Yosri Fouda, Mohammed Belfatmi, Tayseer Allouni, Ramzi bin al-Shibh, Said Bahaji, Barakat Yarkas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui writes the phone number of Amer el-Azizi in his notebook. El-Azizi is a Spain-based militant who is linked to 9/11 mastermind Khalid Shaikh Mohammed (see (November 2001)) and is thought to have helped set up a meeting between Mohamed Atta and Ramzi bin al-Shibh in Spain in July 2001 (see Before July 8, 2001 and July 8-19, 2001). It is unclear when the number is written in Moussaoui’s notebook or what type of contact there is between Moussaoui and el-Azizi, if any. [Wall Street Journal, 4/7/2004] However, the connection to el-Azizi does not appear to be mentioned at Moussaoui’s trial (see March 6-May 4, 2006), even though it would be one of very few pieces of evidence potentially tying Moussaoui to the 9/11 plot. The reason for this is unclear. El-Azizi’s arrest shortly after 9/11 will be frustrated by Spanish intelligence (see October 2001 and Shortly After November 21, 2001) and he will go on to be involved in the 2004 Madrid bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Amer el-Azizi, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

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

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

NSA Director Michael Hayden briefs the House Intelligence Committee on the NSA’s efforts to combat terrorism. Though the NSA is already working on a domestic wiretapping program to spy, without warrants, on US citizens (see Early 2002), Hayden does not mention the program to the committee members, but merely discusses the ramifications of President Reagan’s Executive Order 12333 (see December 4, 1981 and September 13, 2001) on NSA functions. He does not mention that Reagan’s executive order forbids warrantless surveillance of US citizens “unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power.” On October 11, committee member Nancy Pelosi (D-CA) will write to Hayden expressing her concerns about the warrantless nature of the NSA wiretaps (see October 11, 2001). [Washington Post, 1/4/2006]

Entity Tags: National Security Agency, House Intelligence Committee, Michael Hayden, Nancy Pelosi, Terrorist Surveillance Program, Ronald Reagan

Timeline Tags: Civil Liberties

Serhane Abdelmajid Fakhet.Serhane Abdelmajid Fakhet. [Source: Spanish Interior Ministry]Serhane Abdelmajid Fakhet, later considered one of about three masterminds of the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), is already being monitored by Spanish intelligence. On this day, he is photographed with Barakat Yarkas, leader of al-Qaeda’s main cell in Spain. Yarkas will be arrested for an alleged role in the 9/11 attacks less than a month later (see November 13, 2001). [El Mundo (Madrid), 8/16/2005] Fakhet had been under surveillance since 2000. [Irujo, 2005, pp. 182-186] He will allegedly blow himself up not long after the bombings (see 9:05 p.m., April 3, 2004). There are allegations that he was an informant at least by 2003 (see Shortly After October 2003). Also seen in the pictures are Yusuf Galan, another member of Yarkas’s cell who will be arrested with Yarkas and later convicted (see September 26, 2005), and Mouhannad Almallah, who has been under surveillance since at least 1998. Almallah will later be sentenced to 12 years in prison for a role in the Madrid bombings (see October 31, 2007). [El Mundo (Madrid), 10/27/2004]

Entity Tags: Serhane Abdelmajid Fakhet, Centro Nacional de Inteligencia, Barakat Yarkas, Mouhannad Almallah, Yusuf Galan

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

When investigators search the home of Amer el-Azizi, a known al-Qaeda operative, they find an e-mail address that connects him to 9/11 mastermind Khalid Shaikh Mohammed (KSM). El-Azizi helped arrange a meeting between lead hijacker Mohamed Atta and an associate, Ramzi bin al-Shibh, in the run-up to 9/11 (see July 8-19, 2001), although he was monitored by Spanish authorities at the time (see Before July 8, 2001) and arrested in Turkey in 2000 (see October 10, 2000). His arrest shortly after 9/11 will be frustrated by Spanish intelligence (see October 2001 and Shortly After November 21, 2001) and he will go on to be involved in the 2004 Madrid bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004). An indictment released in 2004 will say, “A fundamental document… connects Amer el-Azizi directly with those responsible for the terrorist attacks of Sept. 11, 2001, and concretely with Khalid Shaikh Mohammed via the e-mail address identified as Safar86@usa.net.” The e-mail address “was being used by an individual who facilitated trips for al-Qaeda members in direct connection with [KSM], organizer of the attacks.” A detainee will also later say that el-Azizi was in contact with the 9/11 plotters via e-mail. [Los Angeles Times, 4/29/2004] After 9/11, however, when the Spanish want to indict el-Azizi, the US will be reluctant to turn the information over to them, and it will take six months to get it. Despite this, problems persist in information sharing between the US and Spain and this has an impact on prosecutions (see Mid-2002-June 1, 2006). [Wall Street Journal, 5/4/2004]

Entity Tags: Amer el-Azizi, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

On November 13, 2001 Spanish police arrest cell leader Barakat Yarkas and ten other alleged members of his cell. Spanish police, led by judge Baltasar Garzon, appear confident that they have smashed the al-Qaeda presence in Spain (see November 13, 2001). However, a number of likely suspects are left at large:
bullet Moutaz Almallah. Spanish police will later say that he had contacts with Yarkas as far back as 1995, the year police began to monitor Yarkas. He is said to have served as the “political chief” of Yarkas’s cell. He and Yarkas were seen meeting with an al-Qaeda courier in 1998. He will move to London in 2002 to live with radical imam Abu Qatada (see August 2002). He will be arrested in 2005 for a role in the Madrid bombings but has yet to be tried (see August 2002). Curiously, in 1995, a police officer who also served as Garzon’s bodyguard, sold Almallah an apartment and stayed friends with him (see November 1995). [El Mundo (Madrid), 3/2/2005; BBC, 3/24/2005]
bullet Amer el-Azizi, who may have had a role in the 9/11 plot, is able to flee a police raid due to a tip-off from Spanish intelligence (see Shortly After November 21, 2001).
bullet Jamal Zougam, even though he has been under suspicion since 2000, and has been tied to al-Qaeda-linked imam Abu Qatada and Mohammed Fazazi, who preached at the mosque attended by the 9/11 hijackers (see 2000-Early March 2004). [New York Times, 11/20/2001; Irujo, 2005, pp. 162-164] A French investigator had warned Spanish intelligence in June 2001 that Zougam was an important Islamist militant in a number of countries and that he should be arrested (see June 2001). Zougam’s Madrid apartment was searched by police on August 10, 2001, and investigators found phone numbers of three other members of the cell, plus a video of mujaheddin fighters in Chechnya. [Associated Press, 3/17/2004]
bullet Serhane Abdelmajid Fakhet. Spanish intelligence began monitoring him in 2000 for his links to other members of the cell. He was photographed with Yarkas in October 2001 (see October 19, 2001). [Irujo, 2005, pp. 182-186] Another informant who later appears as a protected witness will claim that Fakhet was also a government informant (see Shortly After October 2003).
bullet Said Chedadi is arrested, but is later released. He had been monitored traveling to London with Yarkas and giving money to Qatada. He will go on to have a role in the Madrid bombings (see 1995-February 2001). He also is roommates with Dris Chebli up until Chebli is arrested in June 2003 (see April-June 2003). [New York Times, 11/14/2001; El Mundo (Madrid), 10/27/2004]
El-Azizi flees overseas, but allegedly instructs the other cell members not arrested to constitute new cells in Madrid and Morocco. Fakhet becomes a leader of the new cells. Even though the vast majority of those not arrested remain under surveillance, including Fakhet and Zougam (see Shortly Before March 11, 2004), they are able to stage the March 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). Fakhet will blow himself up shortly after those bombings, while Zougam will get life in prison for his role. El-Azizi has yet to be captured. Yarkas and most of the others arrested with him will be convicted for al-Qaeda ties in 2005 and given prison terms (see 7:37-7:42 a.m., March 11, 2004). [Irujo, 2005, pp. 165-174] A Spanish investigator will later call Yarkas the mastermind of the Madrid bombings even though he was in prison since 2001, because virtually all of the bombers were connected to him in some way. “It is very clear to me, that if by mastermind we mean the person who has put the group together, prepared the group, trained it ideologically, sent them to Afghanistan to be prepared militarily for terrorism, that man is [Yarkas], without any doubt.” [New York Times, 10/26/2004]

Entity Tags: Centro Nacional de Inteligencia, Baltasar Garzon, Serhane Abdelmajid Fakhet, Amer el-Azizi, Moutaz Almallah, Jamal Zougam, Said Chedadi, Barakat Yarkas

Timeline Tags: Complete 911 Timeline

The Spanish intelligence agency CESID (later renamed CNI) frustrates the arrest of a senior member of al-Qaeda in Europe, Amer el-Azizi, by Spanish police. Most members of the cell of which el-Azizi was a member were arrested shortly before, but el-Azizi had avoided the round-up by fleeing abroad (see October 2001). After returning to Spain, he again falls under police surveillance, but, according to Spanish police union head Jose Manuel Sanchez Fornet, his arrest is prevented by “interference” from CESID. Fornet will later say that a police recording made at this time shows two CESID agents going to el-Azizi’s house. This alerts el-Azizi that he is under surveillance and he flees his home. [El Mundo (Madrid), 4/29/2004] El-Azizi then remains in Spain for some weeks, selling his car to an associate. When his apartment is searched, police find more than a dozen bags with radical Islamic books and videos. They also find videos of bin Laden on his computer and pamphlets from groups like Hamas. [Wall Street Journal, 3/19/2004; Wall Street Journal, 4/7/2004; Los Angeles Times, 4/29/2004] El-Azizi was arrested and released twice before (see October 10, 2000). He helped plan a meeting for Mohamed Atta just before 9/11 (see Before July 8, 2001 and July 8-19, 2001), and will go on to be involved in the Madrid train bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Centro Nacional de Inteligencia, Amer el-Azizi, Jose Manuel Sanchez Fornet

Timeline Tags: Complete 911 Timeline

In early September 2001, an Egyptian militant named Rabei Osman Sayed Ahmed moves from Germany to Spain. By December, Spanish officials open an investigation about him after noticing he is in frequent contact with other Islamist militants. One month later, Spanish investigators notify German officials that they have Ahmed under surveillance and request information about his background. Ahmed apparently is aware he is under surveillance and tries to keep a low profile. [Washington Post, 11/14/2004] But through him, investigators led by judge Baltasar Garzon begin monitoring other militants he meets. In May 2002, they start tapping the phones of Fouad el Morabit and Basel Ghalyoun. In June, they realize Ahmed is in contact with Serhane Abdelmajid Fakhet, who has already been under surveillance since 2000 (see October 19, 2001). They also learn at some point that he is in contact with the brothers Moutaz and Mouhannad Almallah. Investigators lose track of el Morabit a near the end of 2002 when he changes phones. They also lose track of Ghalyoun aroun the same time because his conversations apparently are not interesting enough. Ahmed also moves to France. [El Mundo (Madrid), 7/31/2005] However, in early 2003, investigators begin monitoring an apartment where all the suspects mentioned live or meet (see January 4, 2003). All of them will later be accused of being key players in the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Rabei Osman Sayed Ahmed, Serhane Abdelmajid Fakhet, Mouhannad Almallah, Basel Ghalyoun, Baltasar Garzon, Fouad el Morabit, Moutaz Almallah

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

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

William Howard Taft IV.William Howard Taft IV. [Source: PBS]William Howard Taft IV, the State Department’s chief legal adviser, responds to John Yoo’s January 9,2002, memo (see January 9, 2002) saying that Yoo’s analysis is “seriously flawed.” Taft writes: “In previous conflicts, the United States has dealt with tens of thousands of detainees without repudiating its obligations under the [Geneva] Conventions. I have no doubt we can do so here, where a relative handful of persons is involved.” [Newsweek, 5/24/2004] Applying the Geneva Conventions, according to Taft, would demonstrate that the United States “bases its conduct on its international legal obligations and the rule of law, not just on its policy preferences.” Taft ends with a scorching criticism. “Your position is, at this point, erroneous in its substance and untenable in practice. Your conclusions are as wrong as they are incomplete. Let’s talk.” [Le Monde (Paris), 10/25/2004]

Entity Tags: William Howard Taft IV, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).

Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

White House lawyer Alberto Gonzales completes a draft memorandum to the president advising him not to reconsider his decision (see January 18-25, 2002) declaring Taliban and al-Qaeda fighters ineligible for prisoner of war status as Colin Powell has apparently recommended. [US Department of Justice, 1/25/2004 pdf file; Newsweek, 5/24/2004] The memo recommends that President Bush accept a recent Office of Legal Counsel (OLC) memo saying that the president has the authority to set aside the Geneva Conventions as the basis of his policy (see January 9, 2002). [Savage, 2007, pp. 146]
Geneva No Longer Applies, Says Gonzales - Gonzales writes to Bush that Powell “has asked that you conclude that GPW [Third Geneva Convention] does apply to both al-Qaeda and the Taliban. I understand, however, that he would agree that al-Qaeda and the Taliban fighters could be determined not to be prisoners of war (POWs) but only on a case-by-case basis following individual hearings before a military board.” Powell believes that US troops will be put at risk if the US renounces the Geneva Conventions in relation to the Taliban. Rumsfeld and his chairman of the Joint Chiefs of Staff, Gen. Richard B. Myers, allegedly agree with Powell’s argument. [New York Times, 10/24/2004] But Gonzales says that he agrees with the Justice Department’s Office of Legal Counsel, which has determined that the president had the authority to make this declaration on the premise that “the war against terrorism is a new kind of war” and “not the traditional clash between nations adhering to the laws of war that formed the backdrop for GPW [Geneva Convention on the treatment of prisoners of war].” Gonzales thus states, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Newsweek, 5/24/2004] Gonzales also says that by declaring the war in Afghanistan exempt from the Geneva Conventions, the president would “[s]ubstantially [reduce] the threat of domestic criminal prosecution under the War Crimes Act [of 1996]” (see August 21, 1996). The president and other officials in the administration would then be protected from any future “prosecutors and independent counsels who may in the future decide to pursue unwarranted charges.” [New York Times, 5/21/2004; Newsweek, 5/24/2004]
Memo Actually Written by Cheney's Lawyer - Though the memo is released under Gonzales’s signature, many inside the White House do not believe the memo was written by him; it has an unorthodox format and a subtly mocking tone that does not go with Gonzales’s usual style. A White House lawyer with direct knowledge of the memo later says it was written by Cheney’s chief lawyer, David Addington. Deputy White House counsel Timothy Flanigan passed it to Gonzales, who signed it as “my judgment” and sent it to Bush. Addington’s memo quotes Bush’s own words: “the war against terrorism is a new kind of war.” [Washington Post, 6/24/2007]
Powell 'Hits the Roof' over Memo - When Powell reads the memo (see January 26, 2002), he reportedly “hit[s] the roof” and immediately arranges for a meeting with the president (see January 25, 2002). [Newsweek, 5/24/2004]

Entity Tags: George W. Bush, Office of Legal Counsel (DOJ), Geneva Conventions, Alberto R. Gonzales, Colin Powell, David S. Addington, Al-Qaeda, Taliban, Richard B. Myers

Timeline Tags: Torture of US Captives, Civil Liberties

Joseph Wilson and Valerie Plame Wilson.Joseph Wilson and Valerie Plame Wilson. [Source: Haraz N. Ghanbari / Associated Press]Officials in the CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) decide to send former ambassador Joseph Wilson to Niger to investigate allegations that Iraq sought to procure uranium from that country. Wilson’s wife, Valerie Plame Wilson, a senior CPD officer (see April 2001 and After), relays the request to him explaining that “there’s this crazy report” asserting that Iraq made a deal with Niger on the sale of a large quantity of uranium. [US Congress, 7/7/2004] Shortly afterwards, she sends an overseas cable requesting concurrence with the agency’s decision to send her husband to Niger (see February 13, 2002). She writes, “[B]oth State and [the Department of Defense] have requested additional clarification and indeed, the vice president’s office just asked for background information” (see (February 13, 2002)). [US Congress, 7/7/2004]

Entity Tags: Counterproliferation Division, Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson

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

Abu Zubaida injured, shortly after his arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Abu Zubaida injured, shortly after his arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]After al-Qaeda leader Abu Zubaida is captured on March 28, 2002 (see March 28, 2002), the CIA takes control of his detention and interrogation, but there is no legal clarity over just how aggressive his interrogation can be for several months. [Tenet, 2007, pp. 241] Thereforem the CIA asks the White House “what the legal limits of interrogation are,” according to Justice Department lawyer John Yoo. [Washington Post, 6/25/2007] CIA Director George Tenet will write in his 2007 book: “Now that we had an undoubted resource in our hands—the highest-ranking al-Qaeda official captured to date—we opened discussions within the National Security Council as to how to handle him, since holding and interrogating large numbers of al-Qaeda operatives had never been part of our plan.… We wondered what we could legitimately do to get that information. Despite what Hollywood might have you believe, in situations like this you don’t call in the tough guys, you call in the lawyers. It took until August to get clear guidance on what Agency officers could legally do.” [Tenet, 2007, pp. 241] This is a reference to an August 1, 2002 Justice Department memo legally justifying the use of some interrogations generally deemed to be torture (see August 1, 2002). But it appears Zubaida was subjected to the most extreme interrogation methods the US used, such as waterboarding, well before August 2002 (see Mid-May 2002 and After). However, during this period of uncertainty and into 2003, the CIA gets advice from Michael Chertoff, head of the Justice Department’s criminal division at the time, about which techniques are likely legal and which ones are not (see 2002-2003).

Entity Tags: Michael Chertoff, Abu Zubaida, George J. Tenet, Central Intelligence Agency, John C. Yoo

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In the days following the capture of al-Qaeda operative Abu Zubaida (see March 28, 2002), a group of top White House officials, the National Security Council’s Principals Committee, begins a series of meetings that result in the authorization of specific torture methods against Zubaida and other detainees. The top secret talks and meetings eventually approve such methods to be used by CIA agents against high-value terrorism suspects. The US media will not learn of this until six years later (see April 9, 2008). The Principals Committee meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Dick Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Tenet’s successor, Porter Goss, will also participate in the meetings. Sometimes deputies attend in place of their superiors. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but also approves the use of “combined” interrogation techniques on suspects who prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions are so detailed that the Principals Committee virtually choreographs the sessions down to the number of times CIA agents can use specific tactics. [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] The Principals Committee also ensures that President Bush is not involved in the meetings, thereby granting him “deniability” over the decisions, though Bush will eventually admit to being aware of the decisions (see April 11, 2008). The Principals Committee, particularly Cheney, is described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. [Associated Press, 4/10/2008]
Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of Zubaida in late March 2002 (see Late March through Early June, 2002 and March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. He is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is allegedly uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004 and April - June 2002). The CIA briefs the Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. After Zubaida is waterboarded (see April - June 2002), CIA officials tell the White House that he provided information leading to the capture of two other high-level al-Qaeda operatives, Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003) and Ramzi bin al-Shibh (see Late 2002 and May 2002-2003). The committee approves of waterboarding as well as a number of “combined” interrogation methods, basically a combination of harsh techniques to use against recalcitrant prisoners.
The 'Golden Shield' - The committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” In August 2002, Justice Department lawyers in the Office of Legal Counsel will write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public knowledge. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. Tenet demands White House approval for the use of the methods, even after the Justice Department issues its so-called “Golden Shield” memo explicitly authorizing government interrogators to torture suspected terrorists (see August 1, 2002). Press sources will reveal that Tenet, and later Goss, convey requests for specific techniques to be used against detainees to the committee (see Summer 2003). One high-ranking official will recall: “It kept coming up. CIA wanted us to sign off on each one every time. They’d say: ‘We’ve got so and so. This is the plan.’” The committee approves every request. One source will say of the discussions: “These discussions weren’t adding value. Once you make a policy decision to go beyond what you used to do and conclude it’s legal, [you should] just tell them to implement it.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] In April 2008, law professor Jonathan Turley will say: “[H]ere you have the CIA, which is basically saying, ‘We’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it.’ So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] A former senior intelligence official will say, “If you looked at the timing of the meetings and the memos you’d see a correlation.” Those who attended the dozens of meetings decided “there’d need to be a legal opinion on the legality of these tactics” before using them on detainees. [Associated Press, 4/10/2008]
Ashcroft Uneasy at White House Involvement - Ashcroft in particular is uncomfortable with the discussions of harsh interrogation methods that sometimes cross the line into torture, though his objections seem more focused on White House involvement than on any moral, ethical, or legal problems. After one meeting, Ashcroft reportedly asks: “Why are we talking about this in the White House? History will not judge this kindly.” However, others in the discussions, particularly Rice, continue to support the torture program. Even after Jack Goldsmith, the chief of the Justice Department’s Office of Legal Counsel (OLC), withdraws the “Golden Shield” memo and after Powell begins arguing that the torture program is harming the image of the US abroad, when CIA officials ask to continue using particular torture techniques, Rice responds: “This is your baby. Go do it.”
Reaction after Press Learns of Meetings - After the press learns of the meetings (see April 9, 2008), the only person involved who will comment will be Powell, who will say through an assistant that there were “hundreds of [Principals Committee] meetings” on a wide variety of topics and that he is “not at liberty to discuss private meetings.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008]

Entity Tags: Office of Legal Counsel (DOJ), Porter J. Goss, US Department of Justice, Ramzi bin al-Shibh, Richard (“Dick”) Cheney, Principals Committee, Khalid Shaikh Mohammed, Jack Goldsmith, John Ashcroft, Bush administration (43), Al-Qaeda, Abu Zubaida, Central Intelligence Agency, Colin Powell, Condoleezza Rice, George W. Bush, George J. Tenet, Donald Rumsfeld, Jonathan Turley, National Security Council

Timeline Tags: Torture of US Captives, Civil Liberties

Accused al-Qaeda operative Abu Zubaida, having been tortured for months in a secret CIA prison in Thailand (see April - June 2002), has had a respite from the intensive interrogations he was initially subjected to. Now, though, the interrogations begin again, being what Zubaida will later recall as “more intens[e] than before.”
Intensified Interrogations - Zubaida will later tell officials of the International Committee of the Red Cross (ICRC): “Two black wooden boxes were brought into the room outside my cell. One was tall, slightly higher than me and narrow. Measuring perhaps in area [3 1/2 by 2 1/2 feet by 6 1/2 feet high]. The other was shorter, perhaps only [3 1/2 feet] in height. I was taken out of my cell and one of the interrogators wrapped a towel around my neck, they then used it to swing me around and smash me repeatedly against the hard walls of the room. I was also repeatedly slapped in the face.… I was then put into the tall black box for what I think was about one and a half to two hours. The box was totally black on the inside as well as the outside.… They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”
In the Box - Zubaida will give detailed recollections of his time in the box: “After the beating I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box, I think I may have slept or maybe fainted. I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress. I was then placed again in the tall box. While I was inside the box loud music was played again and somebody kept banging repeatedly on the box from the outside. I tried to sit down on the floor, but because of the small space the bucket with urine tipped over and spilt over me.… I was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before. I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week. During this time the whole procedure was repeated five times. On each occasion, apart from one, I was suffocated once or twice and was put in the vertical position on the bed in between. On one occasion the suffocation was repeated three times. I vomited each time I was put in the vertical position between the suffocation. During that week I was not given any solid food. I was only given Ensure to drink. My head and beard were shaved everyday. I collapsed and lost consciousness on several occasions. Eventually the torture was stopped by the intervention of the doctor. I was told during this period that I was one of the first to receive these interrogation techniques, so no rules applied. It felt like they were experimenting and trying out techniques to be used later on other people.” Author Mark Danner will note that, according to the ICRC report, Zubaida’s impression of being a “guinea pig” is accurate. Some of the techniques used on him will not be reported again—the weeks of sitting in shackles, the coffin-sized boxes. Other techniques, such as the waterboarding, the permanent shackling, the “cold cell,” the incessant loud music and noise, will be used frequently on later captives, as will the constant light and the repeated beatings and physical abuse.
Everything Authorized by Senior CIA, White House Officials - Danner will remind readers that the CIA interrogators never acted alone or with any degree of independence. Everything that is done and said to Zubaida is monitored by other officials on-site—guards, interrogators, doctors—and by senior CIA officials in Washington. CIA interrogator John Kiriakou will later tell a reporter: “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him. Or I’m going to shake him. Or I’m gonna make him stay up for 48 hours.’ Each one of these steps… had to have the approval of the deputy director for operations. So before you laid a hand on him, you had to send in the cable saying, ‘He’s uncooperative. Request permission to do X.’ And that permission would come.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the agency got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard.… No one wanted to be the guy who accidentally did lasting damage to a prisoner.” Danner also notes that shortly after Zubaida’s capture, the CIA briefed top White House officials, including Vice President Dick Cheney, National Security Adviser Condoleezza Rice, and Attorney General John Ashcroft, who, ABC News will later report, “then signed off on the [interrogation] plan” (see April 2002 and After and July 2002). During this time the White House is working with Justice Department officials to produce the so-called “golden shield” memo (see August 1, 2002) that will, supposedly, protect the White House and CIA from criminal charges. Even after the memo’s adoption, CIA Director George Tenet continues to tell top White House officials about the specific procedures being used on Zubaida and other prisoners, including techniques such as waterboarding, to ensure that the White House considered them legal. As ABC will later report, the briefings of principals were so detailed and frequent that “some of the interrogation sessions were almost choreographed.” [New York Review of Books, 3/15/2009]

Entity Tags: John Kiriakou, Abu Zubaida, Al-Qaeda, Central Intelligence Agency, International Committee of the Red Cross, Richard (“Dick”) Cheney, Mark Danner

Timeline Tags: Torture of US Captives

Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). [Public Record, 2/22/2009]

Entity Tags: US Department of State, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, Central Intelligence Agency, US Department of Justice, Condoleezza Rice, Geneva Conventions, David S. Addington, Richard (“Dick”) Cheney, George W. Bush, US Department of Defense

Timeline Tags: Civil Liberties

CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file; BBC, 4/23/2009] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Entity Tags: Condoleezza Rice, George J. Tenet, Office of Legal Counsel (DOJ), US Department of Justice, Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Jay Bybee.Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 pdf file] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see April 2002 and After). [ABC News, 4/9/2008]
Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007]
Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004]
Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004]
Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156]
Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004]
Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007]
Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004]
Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004).
Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007]

Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel (DOJ), David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith

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

Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised - Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. [Washington Post, 12/9/2007]
Restrictions on Information - Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” [CNN, 12/13/2007]
Secret Interrogations Already Underway - The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” [MSNBC, 9/13/2007]

Entity Tags: Porter J. Goss, Senate Intelligence Committee, Pat Roberts, Nancy Pelosi, John D. Rockefeller, Jane Harman, Central Intelligence Agency, George J. Tenet, House Intelligence Committee, Daniel Robert (“Bob”) Graham

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, US Department of Justice, Mohamed al-Khatani, Michael E. Dunlavey, David S. Addington, Diane E. Beaver, Central Intelligence Agency, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Donald Rumsfeld, John Rizzo, George W. Bush

Timeline Tags: Torture of US Captives, Civil Liberties

Two days after General Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel’s (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lieutenant Colonel Jerald Phifer, Director J2, sends a memo, to Major General Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008] In 2009, Senator Carl Levin (D-MI) will write (see April 21, 2009) that Dunlavey’s request is sparked by recent reports on the use of SERE training techniques for interrogation purposes (see January 2002 and After and April 16, 2002). [Huffington Post, 4/21/2009]
Three Categories of Techniques - The memo states, “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to 30 days; sensory deprivation and hooding; 20-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees’ phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008]
Desire to Extract More Information from Detainee - The request is prompted in part by military intelligence’s belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al-Khatani is a person in… whom we have considerable interest,” Dell’Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” [Washington File, 6/23/2004]
JAG Officer Concludes Tactics are Legal - The same day, a staff judge advocate, Lieutenant Colonel Diane E. Beaver, reviews Phifer’s proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, General James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” [US Department of Defense, 10/11/2002 pdf file] Beaver concludes that since President Bush had decided that all the detainees “are not protected by the Geneva Conventions” (see January 18-25, 2002, February 7, 2002), all of the desired techniques are allowable because “no international body of law directly applies.” [Savage, 2007, pp. 178]

Entity Tags: Rick Baccus, George W. Bush, James T. Hill, Carl Levin, Daniel J. Dell’Orto, Diane E. Beaver, Michael E. Dunlavey, Mohamed al-Khatani

Timeline Tags: Torture of US Captives

Assistant Attorney General William Moschella informs the ranking members of the House and Senate Intelligence committees of the administration’s use of potentially unconstitutional data mining and electronic surveillance programs after the 9/11 attacks. Moschella tells the lawmakers, “The president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. One such program is the Novel Intelligence from Massive Data (NIMD) initiative (see After September 11, 2001). Moschella echoes the claims of National Security Agency director Michael Hayden and other administration officials, saying that the Foreign Intelligence Surveillance Act (FISA), which allows the government to obtain warrants to conduct domestic eavesdropping or wiretapping, “could not have provided the speed and agility required for the early-warning detection system.” [National Journal, 1/20/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002). Moschella informs the lawmakers of none of this.

Entity Tags: Senate Intelligence Committee, William E. Moschella, Michael Hayden, Bush administration (43), Foreign Intelligence Surveillance Act, Novel Intelligence from Massive Data, House Intelligence Committee

Timeline Tags: Civil Liberties

Said Berraj will be considered closely involved in the Madrid train bombings plot (see 7:37-7:42 a.m., March 11, 2004), and frequently runs errands for Serhane Abdelmajid Fakhet, one of about three masterminds of the bombings. He was briefly arrested in Turkey in 2000 while meeting with several of the other bombers (see October 10, 2000). In 2003, he regularly meets with Spanish intelligence agents. It is not clear if or when he stops meeting with them. And up until the bombings he also works for a security company owned by a former policeman. He flees Spain two days before the bombing. He has yet to be found. [El Mundo (Madrid), 1/15/2007] A different informant named Abdelkader Farssaoui, a.k.a. Cartagena, will later testify under oath as a protected witness that he accidentally sees Fakhet and Berrai meeting with his handlers in 2003, suggesting that Fakhet is an informant as well (see Shortly After October 2003).

Entity Tags: Abdelkader Farssaoui, Said Berraj, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

The wife of Mouhannad Almallah gives a statement against her husband to police. She says that he systematically beats her. She also accurately describes in detail his Islamist militant ties:
bullet She says that militants regularly met at her apartment. She and her husband have just moved, and militant continue to meet at their new apartment on Virgen del Coro street in Madrid.
bullet She says that her husband lived with Serhane Abdelmajid Fakhet for a month in December 2002. Mustapha Maymouni, Fakhet’s brother-in-law, visited as well. They moved when they felt they were suspected by police.
bullet She saw her husband open several boxes and noticed they contained books and videos about Osama bin Laden.
bullet Her husband and his brother, Moutaz Almallah, strongly suspect their phones are being monitored. Moutaz lives in London but frequently visits Spain (see August 2002).
bullet She describes four particularly important meetings held in her apartment beginning in November 2002. Moutaz and Mouhannad Almallah, Fakhet, and Mayoumi attended all the meetings. Basel Ghalyoun attended the fourth one. In these meetings, they always speak of attack and jihad. They talk about bin Laden, but refer to him as “Emir.”
bullet Sometimes her husband Mouhannad and Fakhet discuss Amer el-Azizi, who fled a police raid in November 2001 (see Shortly After November 21, 2001). She finds out they helped him escape Spain dressed as a woman. El-Azizi is believed to be linked to the 9/11 attacks (see Before July 8, 2001).
bullet Both Mouhannad and Fakhet remain in contact with el-Azizi by e-mail. Her husband’s brother Moutaz does as well.
bullet She occasionally sees her husband with Jamal Ahmidan, alias “El Chino.”
Police apparently take her warnings seriously because they begin monitoring her apartment in March 2003 (see January 17, 2003-Late March 2004). Most of these people—Fakhet, el-Azizi, Ghalyoun, and both Almallah brothers—are already under surveillance (see December 2001-June 2002). [El Mundo (Madrid), 7/28/2005] All of the people she mentions are believed to have important roles in the 2004 Madrid bombings (see 7:37-7:42 a.m., March 11, 2004), except for Maymouni, who will be arrested and jailed later in 2003 for having a pivotal role in the May 2003 Casablanca bombings (see May 16, 2003).

Entity Tags: Basel Ghalyoun, Amer el-Azizi, Jamal Ahmidan, Serhane Abdelmajid Fakhet, Mouhannad Almallah, Moutaz Almallah, Osama bin Laden, Mouhannad Almallah’s wife, Mustapha Maymouni

Timeline Tags: Complete 911 Timeline

Beginning around January 2003, Spanish authorities discover that a group of Islamist militants living in Madrid are committing a variety of crimes. Barakat Yarkas, the head of the al-Qaeda cell in Madrid, was arrested with some associates in November 2001 (see November 13, 2001) and this group is largely led by other associates who were not arrested then (see November 13, 2001). Police learn members of this group are creating false passports for other militants, and stealing cars and selling them in Morocco to raise money for their militant activities. [El Mundo (Madrid), 8/10/2005] A number of them are drug dealers. For instance, Jamal Ahmidan, who begins associating with Serhane Abdelmajid Fakhet and many of the other militants in 2003, leads a group of about six drug dealers. For example, in December 2003, Ahmidan shoots someone in the leg for failing to pay for the drugs he had given him. And mere days before the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), he flies to the Spanish island of Mallorca to organize a sale of hashish and Ecstasy. Three of the seven men who blow themselves up in April 2003 with Fakhet and Ahmidan are believed to be drug dealers as well (see 9:05 p.m., April 3, 2004). [Los Angeles Times, 5/23/2004; El Mundo (Madrid), 2/12/2006; New York Times Magazine, 11/25/2007] In fact, Spanish authorities have observed militants committing various crimes to fund their activities since 1995, but they continue to merely gather intelligence and none of them are ever arrested for these crimes (see Late 1995 and After). This pattern continues, and none of the militants will be arrested for obvious criminal activity until after they commit the Madrid bombings.

Entity Tags: Serhane Abdelmajid Fakhet, Jamal Ahmidan

Timeline Tags: Complete 911 Timeline

The Navy’s general counsel, Alberto Mora, is angered at the lack of response to his attempts to persuade the Pentagon to stop abusing prisoners at Guantanamo and is particularly frustrated with the Pentagon’s general counsel, William J. Haynes (see December 20, 2002 and January 9, 2003 and After). Mora decides to take a step that he knows will antagonize Haynes, who always warns subordinates never to put anything controversial in writing or in e-mail messages. Mora delivers an unsigned draft memo of his objections to Haynes, and tells him that he intends to “sign it out” that afternoon—thereby making it an official document—unless the harsh interrogation techniques at Guantanamo stop. Mora’s memo describes the interrogations at Guantanamo as “at a minimum cruel and unusual treatment, and, at worst, torture.”
'Working Group to Be Created - Haynes calls Mora later that day with good news: Defense Secretary Donald Rumsfeld is suspending his authorization of the disputed interrogation techniques (see December 2, 2002) and is appointing a “working group” of lawyers from all branches of the armed forces to develop new interrogation guidelines. Mora will be a part of that working group. An elated Mora begins working with the group of lawyers to discuss the constitutionality and effectiveness of various interrogation techniques. In 2006, he will say that he felt “no one would ever learn about the best thing I’d ever done in my life.”
Mora Outmaneuvered - But Haynes has outmaneuvered Mora. A week later, Mora sees a lengthy classified document that negates every argument he has made. Haynes has already solicited a second, overarching opinion from John Yoo, a lawyer at the Justice Department’s Office of Legal Counsel, that supersedes Mora’s working group (see January 9, 2002). Mora is astonished (see January 23-Late January, 2003). He will later learn that the working group’s report will be forced to comply with Yoo’s legal reasoning. In fact, the group’s final report is never completed—though the draft report, which follows Yoo’s memo, is signed by Rumsfeld without Mora’s knowledge. [New Yorker, 2/27/2006] Mora later says that while Yoo’s memo displays a “seeming sophistication,” it is “profoundly in error,” contradicting both domestic law and international treaties. Mora and the other “dissident” members of the working group are led to believe that the report has been abandoned. [Savage, 2007, pp. 181] He will learn about Rumsfeld’s signature on the draft report while watching C-SPAN in mid-2004. [New Yorker, 2/27/2006; Savage, 2007, pp. 189]

Entity Tags: US Department of Defense, US Department of Justice, Alberto Mora, John C. Yoo, Office of Legal Counsel (DOJ), Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Beginning on January 17, 2003, Spanish police begin monitoring an apartment on Virgen de Coro street in Madrid owned by the brothers Moutaz and Mouhannad Almallah. Moutaz owns it but lives in London, so Mouhannad is the landlord and works there every day as well. Police were tipped off about the house earlier in the month by Mouhannad’s estranged wife. She revealed that a group of Islamist militants are regularly meeting there (see January 4, 2003). [El Mundo (Madrid), 8/10/2005] Both Almallah brothers ties to known al-Qaeda figures such as Barakat Yarkas and radical imam Abu Qatada, and Moutaz moved to London in August 2002 to live with Qatada (see August 2002). In 2007, an unnamed Spanish police officer testifying in the Madrid bombings trial will give details about the surveillance of the apartment. He will call it an important place for both meetings and recruitment. The police note that both brothers travel frequently to and from London and also regularly call London. These calls are usually followed by calls to the Middle East or North Africa. Police are aware that Moutaz has no job in London and is in the circle of people around Abu Qatada (although Abu Qatada himself was arrested in late 2002 see (see October 23, 2002)). Basel Ghalyoun and Fouad el Morabit live at the apartment and frequently meet there with Mouhannad Almallah and Serhane Abdelmajid Fakhet. [El Mundo (Madrid), 3/21/2007] Ghalyoun will later admit that in early 2003, Fakhet began to “talk of carrying out an attack in Spain, making jihad…” He will say that others attending jihad meetings at the apartment in 2003 include Arish Rifaat and Rabei Osman Sayed Ahmed. [El Mundo (Madrid), 10/15/2005] Mohammed Larbi ben Sellam is also frequently seen there. [El Mundo (Madrid), 9/28/2004] The surveillance intensifies in subsequent months, and soon the apartment is monitored with video as well (see Spring 2003 and After). Police will keep watching the apartment until arrests are made after the March 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). Rifaat, Fakret, and others will allegedly blow themselves up shortly after the Madrid bombings (see 9:05 p.m., April 3, 2004). There are allegations Fakret was an informant (see Shortly After October 2003). Mouhannad Almallah, Ghalyoun, ben Sellam, and el Morabit will be convicted in 2007 and each sentenced to 12 years for roles in the bombings (see October 31, 2007). Ahmed will be convicted of different charges in Italy (see October 31, 2007). Curiously, when the apartment is raided shortly after the Madrid bombings, two documents belonging to police officer Ayman Maussili Kalaji will be found inside. Kalaji will admit to having a friendship with Moutaz Almallah dating back at least to 1995 (see May 16, 2005).

Entity Tags: Moutaz Almallah, Rabei Osman Sayed Ahmed, Mouhannad Almallah, Serhane Abdelmajid Fakhet, Mohammed Larbi ben Sellam, Mouhannad Almallah’s wife, Basel Ghalyoun, Abu Qatada, Fouad el Morabit, Barakat Yarkas, Arish Rifaat

Timeline Tags: Complete 911 Timeline

The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). [New Yorker, 2/27/2006]

Entity Tags: William J. Haynes, David S. Addington, Alberto Mora, John C. Yoo, Mary L. Walker, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Defense, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Jay Bybee, the head of the Office of Legal Counsel (OLC) and the signatory on a number of memos authorizing torture and expanded presidential powers (see March 13, 2002 and August 1, 2002), is confirmed by the Senate to become a federal appeals court judge. The Senate Judiciary Committee scheduled Bybee’s confirmation hearing for the same day that Secretary of State Colin Powell was slated to give his presentation to the UN on Iraq’s weapons of mass destruction (see February 5, 2003); most of the committee’s Democrats choose to watch Powell’s presentation, thus only friendly Republican Senators are in the hearing. Bybee is confirmed easily. [Savage, 2007, pp. 182]

Entity Tags: Senate Judiciary Committee, Jay S. Bybee, Colin Powell, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), is stepping down to become a federal judge (see February 5, 2003). White House counsel Alberto Gonzales and Vice President Cheney’s lawyer, David Addington, want OLC lawyer John Yoo to take Bybee’s place. But Attorney General John Ashcroft, miffed at Yoo’s bureaucratic maneuvers to give the White House a direct connection into the department and cut Ashcroft out of the loop, refuses. Yoo resigns in the summer of 2003 and resumes his position as a law professor at the University of California at Berkeley. Instead, Ashcroft and the White House will choose Jack Goldsmith to head the OLC (see October 6, 2003). Goldsmith seems a perfect replacement for Yoo—the two had coauthored one Wall Street Journal op-ed that claimed treaties were not binding on the US, and another Journal op-ed claiming that President Bush had the right to unilaterally withdraw the US from the Anti-Ballistic Missile Treaty (see May 26, 1972). Goldsmith was also a supporter of the administration’s military commissions program, noting that the need for “swift justice” was transcendant. [Savage, 2007, pp. 182]

Entity Tags: Jay S. Bybee, Alberto R. Gonzales, Jack Goldsmith, John C. Yoo, Office of Legal Counsel (DOJ), John Ashcroft, David S. Addington, US Department of Justice

Timeline Tags: Civil Liberties

The Justice Department’s Office of Legal Counsel (OLC) sends a classified memo to Attorney General John Ashcroft. The contents remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the use of information collected in the course of classified foreign intelligence activities. [American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo may concern a just-released Senate report condemning the Justice Department’s misuse of the Foreign Intelligence Surveillance Act (see February 25, 2003).

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

Timeline Tags: Civil Liberties

Antonio Toro.Antonio Toro. [Source: EFE]Rafa Zouhier, an informant for Spain’s Civil Guard, tells his handler that two of his associates, Emilio Suarez Trashorras and Trashorras’s brother-in-law Antonio Toro, are illegally selling explosives from a mine in the Asturias region of Spain. Toro had recently been released from prison. Zouhier’s handler, known only by the alias “Victor,” includes the information in a report in March 2003 and sends it to higher-ups. He mentions that the people Zouhier referred to have 150 kilograms of explosives ready to sell. [El Mundo (Madrid), 4/9/2007] He reveals the two even asked him how to make bombs which could be set off by cell phone, and says they have been illegally selling explosives since 2001. In June 2003, police conduct a surprise inspection of the mine where Trashorras works, and they begin surveilling both of them, even though Trashorras, Toro, and Toro’s wife are all also government informants (see June 18, 2004 and September 2003-February 2004). [Expatica, 9/1/2004; Expatica, 11/22/2004] Later in the year, Trashorras, Toro, and others will sell large quantities of explosives to Jamal Ahmidan, alias “El Chino,” which will be used in the March 2004 Madrid train bombings (see September 2003-February 2004). Those bombs will be timed to explode using cell phones (see 7:37-7:42 a.m., March 11, 2004). For some reason, this sale is not detected, even though Toro and Trashorras are being monitored. Victor will reveal what Zouhier told him in 2007 court testimony. He did not mention it in several earlier testimonies, and will claim he “forgot.” [El Mundo (Madrid), 4/9/2007] Zouhier will eventually be convicted and sentenced to more than ten years in prison, on the grounds that he knew about the deal between Ahmidan and Trashorras and did not tell his handler about that as well. Zouhier claims that he did, but is unable to provide any proof. [El Mundo (Madrid), 4/9/2007; MSNBC, 10/31/2007]

Entity Tags: Rafa Zouhier, Antonio Toro, Emilio Suarez Trashorras, Jamal Ahmidan, “Victor”

Timeline Tags: Complete 911 Timeline

A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]

Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

The new head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, sends a classified memo to Deputy Attorney General James Comey. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns classified foreign intelligence activities (see February 25, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file] (The ACLU has Goldsmith as the author of the memo, even though he is not nominated for the OLC slot until May 2003 [Savage, 2007, pp. 183] , and will not be confirmed for the position until five months after that (see October 6, 2003). The reason for the apparent discrepancy is not immediately discernible.)

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

Timeline Tags: Civil Liberties

In April 2003, Spanish police alert judge Baltasar Garzon to the existence of an Islamist militant cell in Madrid. Garzon has generally led al-Qaeda related investigations in Spain. An intelligence report to Garzon details a cell led by Mustapha Maymouni. Its assistant leaders are said to be Driss Chebli, Serhane Abdelmajid Fakhet, and the brothers Hassan and Mohammed Larbi ben Sellam. The cell is linked to the radical Takfir Wal Hijra movement and the Moroccan Islamic Combatant Group (MICG). The MICG is said to be led by Amer el-Azizi, who escaped arrest in Spain (see Shortly After November 21, 2001), and an international arrest warrant has been issued for him. The cell has links to el-Azizi as well. In fact, the wife of one of the cell members recently told the authorities that Fakhet and others are staying in contact with el-Azizi by e-mail (see January 4, 2003), a lead that apparently is not pursued. In May 2003, suicide bombings in Casablanca, Morocco, kill 45, and the MICG is quickly identified as the group behind the attacks. Maymouni had gone to Morocco just before the bombings and is arrested there later in May (see Late May-June 19, 2003). On June 25, 2003, Chebli is arrested in Spain for his links to the Casablanca bombings. He will later be accused of a minor role in the 9/11 plot and sentenced to six years in prison (see September 26, 2005). However, the others are not arrested at this time. The police who are monitoring Fakhet will later say they do not understand why Fakhet at least was not arrested after the Casablanca bombings due to his link to Maymouni, who is his brother-in-law. Authorities will claim he was not arrested because there was no evidence he was involved in any plot. [El Mundo (Madrid), 3/3/2007] However, this cell is being monitored by a variety of means, including the use of an informant named Abdelkader Farssaoui, a.k.a. Cartagena (see October 2002-June 2003). Even before the Casablanca bombings, Farssaoui tells his handlers that this cell is discussing launching attacks in Morocco and Spain. [El Mundo (Madrid), 10/18/2004] Furthermore, a 2002 report said that Fakhet was preparing for “violent action” (see 2002). Farssaoui will later claim that he came across evidence that Fakhet was also an informant (see Shortly After October 2003). Fakhet will take over leadership of the group after Maymouni’s arrest and will lead most of them in carrying out the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Takfir Wal Hijra, Moroccan Islamic Combatant Group, Serhane Abdelmajid Fakhet, Mustapha Maymouni, Mohammed Larbi ben Sellam, Driss Chebli, Abdelkader Farssaoui, Amer el-Azizi, Baltasar Garzon, Hassan ben Sellam

Timeline Tags: Complete 911 Timeline

The Casa de Spain was one of the bombed buildings in Casablanca.The Casa de Spain was one of the bombed buildings in Casablanca. [Source: Associated Press]Twelve suicide bombers attack five targets in Casablanca, Morocco, including a Jewish cultural center. Forty-five people are killed, including most of the bombers. Moroccan authorities link the bombers to the Moroccan Islamic Combatant Group (MICG), which is allegedly linked to al-Qaeda. After the attacks, Moroccan officials sentence two surviving bombers to death and round up thousands of people suspected of having ties to terrorism. [PBS Frontline, 1/25/2005] The suspected mastermind, Saad al-Houssaini, has extensive al-Qaeda ties and lived in Afghanistan for four years before 9/11. He will be captured in 2007. [Washington Post, 7/7/2007] The leader of the MICG is said to be Amer el-Azizi, who has links to the 9/11 attacks and the 2004 Madrid train bombings (see Before July 8, 2001 and Before March 11, 2004). [New Yorker, 7/26/2004] Some of the other leaders of the bombings are also said to be linked to the 2004 Madrid bombings (see 7:37-7:42 a.m., March 11, 2004). Also, Mohammed Fazazi, a radical imam who preached at the Hamburg mosque attended by some of the 9/11 hijackers, will be convicted for a role in the bombings (see 1993-Late 2001). [Irujo, 2005, pp. 241-242]

Entity Tags: Moroccan Islamic Combatant Group, Mohammed Fazazi, Al-Qaeda, Amer el-Azizi, Saad al-Houssaini

Timeline Tags: Complete 911 Timeline

CIA officials ask for reauthorization of the controversial harsh interrogation methods (see April 2002 and After and August 1, 2002) that had been withdrawn (see December 2003-June 2004) after the revelation of abuse and torture at Iraq’s Abu Ghraib prison (see November 5, 2003). The CIA has captured a new al-Qaeda suspect in Asia, and top agency officials ask the National Security Council Principals Committee—Vice President Dick Cheney, National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, CIA Director George Tenet, Secretary of State Colin Powell, and Attorney General John Ashcroft—for permission to use extreme methods of interrogation against the new detainee. Rice, who chairs the Principals Committee, says: “This is your baby. Go do it.” [ABC News, 4/9/2008] The name of the new suspect captured in Asia is not mentioned, but Hambali is captured in Thailand in August 2003 (see August 12, 2003), and he is the only prominent al-Qaeda figure arrested that summer. He is considered one of al-Qaeda’s most important leaders. There are some reports that he is one of only about four prisoners directly waterboarded by the US (see Shortly After August 12, 2003).

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Al-Qaeda, Colin Powell, Condoleezza Rice, George J. Tenet, John Ashcroft, Hambali, National Security Council, Donald Rumsfeld

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Jamal Ahmidan.Jamal Ahmidan. [Source: Spanish Interior Ministry]Jamal Ahmidan, alias “El Chino,” has a long history of drug dealing in Spain. In 2000, he returned to his home country of Morocco and was arrested on murder charges there. In July 2003, he is released and returns to Spain. He continues to deal drugs, but he allegedly became a radical Islamist while in prison as well. He soon meets Serhane Abdelmajid Fakhet, the leader of a group of Islamist militants in Madrid, and joins their group. But the group is being heavily monitored and soon Ahmidan is being monitored as well. For instance, Spanish police notice that Fakhet sometimes uses a car owned by Ahmidan’s relatives (see Spring 2003 and After). The wife of one of the militants also informs for the police and reports on Ahmidan (see January 4, 2003). Ahmidan will prove to be the key link between the militants and a group of drug dealers (who are mostly also government informants) that supply the explosives enabling the militants to conduct the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). [El Pais (Spain), 3/8/2007]

Entity Tags: Jamal Ahmidan, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

Senator John D. Rockefeller.Senator John D. Rockefeller. [Source: ViewImages.com]John D. Rockefeller (D-WV), the ranking member of the Senate Intelligence Committee, learns of the secret NSA warrantless wiretapping program against US citizens (see Early 2002) in a secret briefing for himself, the chairman of the committee, and the chairman and ranking member of the House Intelligence Committee. Hours later, Rockefeller sends a handwritten letter to Vice President Cheney expressing his concerns about the potential illegality of the program, concerns he apparently expressed in the briefing as well. Rockefeller will not release the letter publicly until December 19, 2005, four days after the New York Times publishes an article revealing the program’s existence (see December 15, 2005). Disturbed both by the information he was given and the information that was obviously being withheld, Rockefeller writes in part: “Clearly the activities we discussed raise profound oversight issues.… Given the security restrictions associated with this information, and my inability to consult staff or counsel on my own [Cheney had prohibited Rockefeller and the three other lawmakers in the briefing from consulting with their staff experts], I feel unable to fully evaluate, much less endorse these activities. As I reflected on the meeting today, and the future we face, John Poindexter’s TIA [Total Information Awareness (see March 2002)] project sprung to mind, exacerbating my concern regarding the direction the administration is moving with regard to security, technology, and surveillance. Without more information and the ability to draw on any independent legal or technical expertise, I simply cannot satisfy lingering concerns raised by the briefing we received.” [Democratic Party, 12/19/2005; Savage, 2007, pp. 115] Rockefeller also notes that he is not at liberty to do anything about his concerns, since he is legally bound to obey the secrecy rules the White House has invoked, but he wants his concerns noted. [Savage, 2007, pp. 116] It is unclear whether Rockefeller ever receives a reply. Rockefeller is apparently unaware of evidence showing that domestic surveillance may have begun well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: New York Times, Richard (“Dick”) Cheney, John D. Rockefeller, John Poindexter, Total Information Awareness, National Security Agency

Timeline Tags: Civil Liberties

Carmen Toro.Carmen Toro. [Source: Spanish Interior Ministry]In September 2003, Emilio Suarez Trashorras, Rafa Zouhier, Antonio Toro, his wife Carmen Toro, Rachid Aglif, Jamal Ahmidan (alias “El Chino”), and Mohammed Oulad Akcha meet at a McDonald’s restaurant in Madrid. The first five people are linked to a mine in the Asturias region of Spain and have no Islamist militant background. Ahmidan and Akcha are members of a group of Islamist militants and are meeting the others to buy explosives stolen from the mine. Ahmidan goes to Asturias at least five times from December 2003 to February 2004 to work out the explosives deal. He, Akcha, and others in their militant group will then use the explosives in the March 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). Interestingly, at least four of the five—Trashorras, Zouhier, and both Toros—are government informants at the time. Supposedly, none of them tell their handlers about this explosives deal. [El Mundo (Madrid), 6/10/2004] However, Zouhier will later claim that he repeatedly told his handler about the deal. He will say: “I told them. I mentioned all the suspicions I had regarding the explosives. In 2003 I warned that ‘these people want to sell 150 kilos’. I told them 1,000 times.” [Agence France-Presse, 2/28/2007] His handler, known by the alias Victor, will initially dispute this, but in 2007 he will finally admit that Zouhier did tell him in March 2003 that Trashorras and Antonio Toro were dealing in stolen explosives and had 150 kilograms of explosives ready to sell. Zouhier even passed on that they asked him about using cell phones as detonating devices. Police then began monitoring Trashorras and Toro (see March 2003). Trashorras, Zouhier, and Aglif will eventually be sentenced to various prison terms, while the Toros will be acquitted. Trashorras will get life in prison (see October 31, 2007).

Entity Tags: Rachid Aglif, Rafa Zouhier, Jamal Ahmidan, Carmen Toro, Antonio Toro, Emilio Suarez Trashorras, Mohammed Oulad Akcha

Timeline Tags: Complete 911 Timeline

Since late 2002, Abdelkader Farssaoui, a.k.a. Cartagena, has been informing on a group of Islamist militants for the Spanish police and the intelligence agency UCI (see September 2002-October 2003). He is an imam and is highly trusted by the other members of the group. He attends all their secret meetings. In October 2003, he attends another meeting by this group that starts around 11:00 p.m. and ends at six in the morning. As usual, he starts the meeting by leading the group in prayer. Then Madrid train bombings mastermind Serhane Abdelmajid Fakhet speaks for a long time. For the first time, Fakhet calls for martyrs. He says that it is not enough to just be a mujaheddin, but martyrs are needed for action in Madrid. All the people in the group, including Farssaoui, reply that they are ready to be martyrs. Farssaoui is so worried about this meeting that he immediately contacts his police handlers the next day and tells them what happened. But the police do not seem overly concerned. Farssaoui will later tell him that his handlers, led by police inspector Mariano Rayon, tell him that Fakhet’s group talks big, but will never actually do anything. (This is in spite of the fact that several members of the group were arrested several months earlier for alleged involvement in a series of bombings in Morocco (see Late May-June 19, 2003).) Farssaoui is told to immediately leave Madrid for another assignment. He does, thus ending his connection to the bombers. It is later believe that this meeting marks the moment the group begins to go operational with an attack plan, which will result in the bombing of trains in Madrid several months later (see 7:37-7:42 a.m., March 11, 2004). Farssaoui says that his handlers forbid him to share what he learns with judge Baltasar Garzon, who is leading investigations into al-Qaeda related cases in Spain. The testimony Farssaoui will give in 2007 will contradict some details of earlier testimony he gave in the same trial, but he will claim that it took him time to find courage to tell the whole truth. [El Mundo (Madrid), 10/21/2004; El Mundo (Madrid), 2/13/2006; El Mundo (Madrid), 3/7/2007; ABC (Spain), 3/7/2007]

Entity Tags: Mariano Rayon, Abdelkader Farssaoui, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

Jack Goldsmith succeeds Jay Bybee as the head of the Justice Department’s Office of Legal Counsel (OLC). The OLC essentially performs two functions: advising the executive branch on the legal limits of presidential power, and crafts legal justifications for the actions of the president and the executive branch. Goldsmith, who along with fellow Justice Department counsel and law professor John Yoo, is seen as one of the department’s newest and brightest conservative stars. But instead of aiding the Bush administration in expanding the power of the executive branch, Goldsmith will spend nine tumultuous months battling the White House on issues such as the NSA’s warrantless wiretapping program, the administration’s advocacy of torture in the interrogation of terrorism suspects, and the extralegal detention and military tribunals of “enemy combatants.” Goldsmith will find himself at odds with Yoo, the author of two controversial OLC memos that grant the US government wide latitude in torturing terror suspects (see January 9, 2002 and August 1, 2002), with White House counsel and future attorney general Alberto Gonzales, and with the chief aide to Vice President Dick Cheney, David Addington, who along with Cheney is one of the strongest advocates of the so-called “unitary executive” theory of governance, which says the president has virtually unlimited powers, especially in the areas of national security and foreign policy, and is not always subject to Congressional or judicial oversight. Within hours of Goldsmith’s swearing-in, Goldsmith receives a phone call from Gonzales asking if the Fourth Geneva Convention, which protects civilians in war zones such as Iraq, covers terrorists and insurgents as well. Goldsmith, after intensive review with other lawyers in and out of the Justice Department, concludes that the conventions do indeed apply. Ashcroft concurs. The White House does not. Goldsmith’s deputy, Patrick Philbin, says to Goldsmith as they drive to the White House to meet with Gonzales and Addington, “They’re going to be really mad. They’re not going to understand our decision. They’ve never been told no.” Philbin’s prediction is accurate; Addington is, Goldsmith recalls, “livid.” The physically and intellectually imposing Addington thunders, “The president has already decided that terrorists do not receive Geneva Convention protections. You cannot question his decision.” Addington refuses to accept Goldsmith’s explanations. Months later, an unmollified Addington will tell Goldsmith in an argument about another presidential decision, “If you rule that way, the blood of the hundred thousand people who die in the next attack will be on your hands.” These initial encounters set the tone for Goldsmith’s stormy tenure as head of the OLC. Goldsmith will lead a small group of administration lawyers in what New York Times Magazine reporter Jeffrey Rosen calls a “behind-the-scenes revolt against what [Goldsmith] considered the constitutional excesses of the legal policies embraced by his White House superiors in the war on terror,” Goldsmith will resign in June of 2004 (see June 17, 2004). [New York Times Magazine, 9/9/2007]

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, Office of Legal Counsel (DOJ), John C. Yoo, Jack Goldsmith, David S. Addington, Alberto R. Gonzales, National Security Agency, Jay S. Bybee, John Ashcroft, Jeffrey Rosen

Timeline Tags: Civil Liberties

A new audiotape thought to contain a message from Osama bin Laden is broadcast by Al Jazeera. On the 31-minute tape the speaker says that the US occupation of Iraq, a “new Crusader campaign against the Islamic world,” is bogged down in the “quagmires of the Tigris and Euphrates” and suffering mounting casualties from guerrillas. He also compares supporters in Iraq to great Muslim warriors of the past and forbids them from working with the Ba’ath party. After describing democracy as “the religion of ignorance,” he addresses the question of Palestine, and attacks the “road map” for peace between Israel and Palestine as well as Palestinian leader Mahmoud Abbas, saying he is similar to Afghani President Hamid Karzai. He highlights US financial losses and budget deficits after 9/11, and would also apparently like to fight in Iraq: “God knows, if I could find a way to get to your battlefields, I would not hesitate.” [Associated Press, 10/19/2003; Laden, 2005, pp. 207-211] He also says, “We reserve the right to respond at the opportune moment and place against all of the countries participating in this unjust war, in particular: Great Britain, Spain, Australia, Poland, Japan, and Italy.” [Irujo, 2005, pp. 257] Bin Laden had not specially threatened Spain in any previous speeches. According to a Spanish investigator, the Madrid al-Qaeda cell hears the speech, notices this, and begins planning an attack in Spain the next day. This will result in the Madrid train bombings only five months later (see 7:37-7:42 a.m., March 11, 2004). [Benjamin and Simon, 2005, pp. 10] However, some evidence suggests the cell was already planning a bombing from about late 2002. [Associated Press, 4/10/2004]

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

Imam Abdelkader Farssaoui, a.k.a. Cartagena, will testify under oath as a protected witness in 2007 that he was an informant and informed on a group of the 2004 Madrid train bombers from 2002 to 2003 (see September 2002-October 2003). He informed for the UCIE, a police unit dealing with terrorism. The group he watches is led by Serhane Abdelmajid Fakhet, who will later be considered one of about three top leaders of the bomb plot. Farssaoui moves from Madrid in October 2003 and stops informing on Fakhet’s group (see October 2003). But not long after that, he is back in Madrid and claims that he sees Fakhet go by on a moped with close associate named Said Berraj. He follows them, and sees Fakhet meeting with two UCIE officers who used to be his handlers at the same spot where he used to meet them. He does not see Berraj and assumes he has gone to the bathroom or something like that. The next day he asks his handler if Fakhet is an informant too, and his handler dodges the question. Farssaoui is wearing a motorcycle helmet and is not spotted. He keeps this information to himself until after the bombings. [El Mundo (Madrid), 3/7/2007; ABC (Spain), 3/7/2007] Berraj is said to be Fakhet’s assistant, and other sources will confirm that Berraj was a government informant in 2003. Berraj will flee Spain two days before the bombings and has not been seen since. [El Mundo (Madrid), 1/15/2007] About one month after the bombings, Fakhet will be killed with six of the other bombers after police surround their hideout (see 9:05 p.m., April 3, 2004).

Entity Tags: Abdelkader Farssaoui, Unidad Central de Informacion Exterior, Said Berraj, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

Allekema Lamari.Allekema Lamari. [Source: Spanish Interior Ministry]The Spanish intelligence agency Centro Nacional de Inteligencia (CNI) warns in a report that Barakat Yarkas’s al-Qaeda cell has reconstituted itself (see November 13, 2001) and is planning a new attack in Spain. It specifically warns that Allekema Lamari and Serhane Abdelmajid Fakhet are leading the new effort and are planning an attack on an unknown but significant target. This warning is based on comments Lamari made to his close associates. [Irujo, 2005, pp. 243] The warning is accurate; Lamari and Fakhet will be two of the leaders of the Madrid bombings in March 2004 (see 7:37-7:42 a.m., March 11, 2004). In retrospect, it is not surprising that Spanish intelligence is aware of such a warning, because at least two of the bomb plotters are actually government informants, and one of them is close to Lamari and another is close to Fakhet (see 7:37-7:42 a.m., March 11, 2004). But surprisingly, no action appears to be taken. Neither Fakhet, Lamari, nor any other members of their group are arrested before the bombings. A government informant will later claim under oath as a protected witness that Fakhet also was a government informant (see Shortly After October 2003). Mariano Rayon, head of the CNI, will later say, “We concluded that there was a certain and immediate threat against Spain or Spanish interests abroad.” The threat level was already high, but it was raised to “very high.” [ABC (Spain), 5/3/2007]

Entity Tags: Serhane Abdelmajid Fakhet, Centro Nacional de Inteligencia, Allekema Lamari, Mariano Rayon

Timeline Tags: Complete 911 Timeline

Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, Hussein Mohssein Mata al-Zayiadi, and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] They are repeatedly punched and attacked by Staff Sgt. Ivan L. Frederick, Spc. Charles Graner, and other MPs (see Evening November 7, 2003). The MPs then take out their cameras to take pictures of the seven naked men and begin putting them in humiliating poses, often placing themselves in the picture as well, smiling. Graner makes them climb on top of each other to form a human pyramid, as is reported by Spc. Sabrina Harman. [Washington Post, 5/22/2004; Rolling Stone, 7/28/2004] “They put us two on the bottom, two on top of them, and two on top of those and on top,” Al-Zayiadi will say. [Washington Post, 5/21/2004] “The pyramid lasted about 15 to 20 minutes,” according to Harman. [Washington Post, 5/22/2004] The prisoners are also made to crawl on hands and knees with MPs riding on their backs. [Rolling Stone, 7/28/2004] “They were sitting on our backs like riding animals,” Al-Zayiadi says. Meanwhile, others are taking photographs. [Washington Post, 5/21/2004] Frederick then takes hold of the prisoner whom he has singled out for additional punishment and motions him to masturbate. “I grabbed his arm by the elbow, put it on his genitals and moved it back and forth with an arm motion, and he did it.” [Los Angeles Times, 10/21/2004] He makes another detainee do the same. “I lifted his hood and gave him a hand gesture, telling him to keep doing it himself.” [New York Times, 10/21/2004] Spc. Matthew Wisdom, who complained to his team leader Sgt. Robert Jones earlier in the evening about the treatment of the detainees, returns to Tier 1A to find a naked detainee being forced to masturbate in front of another naked detainee on his knees before him. “I saw two naked detainees,” Wisdom will later recall, “one masturbating to another kneeling with its mouth open. I thought I should just get out of there. I didn’t think it was right.” [New Yorker, 5/10/2004] According to Wisdom, Frederick says to him: “Look what these animals do when we leave them alone for two seconds.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Meanwhile, Pfc. Lynndie England makes sexually suggestive comments “in a somewhat sarcastic, fun tone of voice,” according to Wisdom. [Los Angeles Times, 8/5/2004] “I heard Pfc. England shout out, ‘He’s getting hard.’” [New Yorker, 5/10/2004] Again Wisdom leaves the building to tell Sgt. Jones, who assures him the “problem [will] be addressed and dealt with,” [Los Angeles Times, 8/5/2004] and Wisdom assumes that the problem will be taken care of. [New Yorker, 5/10/2004] Others, meanwhile, are lined up and forced to masturbate. These facts are corroborated by photographs that show the MPs laughing as they look on. [Rolling Stone, 7/28/2004] Al-Zayiadi later identifies himself in one of these pictures. “They told my friend to masturbate and told me to masturbate also, while they were taking pictures,” he says. [Washington Post, 5/21/2004] In the end, Al-Zayiadi says they are tossed naked but still hooded into a cell. “They opened the water in the cell and told us to lay face down in the water and we stayed like that until the morning, in the water, naked, without clothes.” [Washington Post, 5/21/2004] One of the seven prisoners is likely Haydar Sabbar Abed who says he was originally arrested for not carrying his ID card. After being involved in a fight with an Iraqi prison employee in one of the tent camps, he is taken to the Hard Site. He later recalls: “They cut off our clothes and… told us to masturbate towards this female soldier. But we didn’t agree to do it, so they beat us.” He also says: “They made us act like dogs, putting leashes around our necks. They’d whistle and we’d have to bark like dogs. We thought they were going to kill us.” [BBC, 8/4/2004] The next day, Wisdom asks for and is granted a transfer to a job elsewhere in the prison. Although he and Sgt. Jones say they have been angered by the abuse, they do little more than mildly confront their colleagues with their objections. [Los Angeles Times, 8/5/2004] To the detainees, the experience has been harrowing. Al-Yasseri will later call it a “night which we felt like 1,000 nights.” “I was trying to kill myself,” says Al-Zayiadi, “but I didn’t have any way of doing it.” [Rolling Stone, 7/28/2004] Gen. George Fay will also describe these incidents in his report (see August 25, 2004), which he concludes was an the affair of MPs alone. He states that military intelligence “involvement in this abuse has not been alleged nor is it likely.” However, one of the pictures taken that night, depicting the “human pyramid,” is later used as a screen saver for a computer in the Hard Site. The screen saver is later seen by a female military intelligence interrogator, but she states, according to Gen. Fay, that she did not report the picture because she did not see it again. The same interrogator, Fay will report, had a “close personal relationship” with Staff Sgt. Frederick, [US Department of Defense, 8/23/2004 pdf file] one of the main instigators of the abuse that night.

Entity Tags: Javal Davis, Ivan L. Frederick II, Jeremy C. Sivits, Matthew Wisdom, Shannon K. Snider, Hussein Mohssein Mata Al-Zayiadi, Lynndie England, Nori al-Yasseri, Mustafa, Haydar Sabbar Abed, George R. Fay, Haidar, New Yorker, Hashiem, Ahmed, Charles Graner, Ahzem, Sabrina Harman, Robert Jones II

Timeline Tags: Torture of US Captives

Jack Goldsmith, the new head of the Justice Department’s Office of Legal Counsel (see October 6, 2003), finds himself embroiled in a huge, if secretive, controversy over Justice Department lawyer John Yoo’s torture memos (see January 9, 2002 and January 25, 2002). Yoo, who wrote the original memos over former OLC chief Jay Bybee’s signature, had placed the OLC in the position of asserting that torture can indeed be used against terror suspects. Goldsmith disagrees, feeling that Yoo’s definitions of torture are far too narrow and give far too much latitude to US interrogators. He also believes that Yoo’s assertions of near-unchecked presidential power to authorize torture—at the direct expense of Congressional and judicial oversight—has no legal basis. And, Goldsmith worries, the opinions could be interpreted as a clumsy, “tendentious” attempt to protect Bush officials from criminal charges. The conflict between Goldsmith and Yoo will cost the two men their friendship. “I was basically taking steps to fix the mistakes of a close friend, who I knew would be mad about it,” Goldsmith will recall in 2007. “We don’t talk anymore, and that’s one of the many sad things about my time in government.” Goldsmith decides to withdraw the follow-up March 2003 torture memo, and tells White House officials they cannot rely on it any longer. Actually doing so proves a tricky business. [New York Times Magazine, 9/9/2007]
'Serious, Serious Problems' - Goldsmith will say in September 2007: “As soon as I absorbed the opinions I realized… that my reaction to them was a big problem. The Office of Legal Counsel rarely overturns its prior opinions, and even more rarely does so within an administration, and even more rarely than that, in the same administration about something this important. I didn’t find any precedent for it. And I did not want to do anything to affect either the programs or the underlying opinions. But they were serious, serious problems, and I knew if and when I was asked to stand by them that I would have a very hard time doing so.” [Newsweek, 9/8/2007]
Pressure from Abu Ghraib Scandal - The legal and bureaucratic niceties of withdrawing the memos become moot when, in April 2004, the Abu Ghraib scandal breaks (see Mid-April 2004), and when in June 2004, the first memo is leaked to the media. “After the leak, there was a lot of pressure on me within the administration to stand by the opinion,” he later says, “and the problem was that I had decided six months earlier that I couldn’t stand by the opinion.” [New York Times Magazine, 9/9/2007] “I had determined that the analysis was flawed,” he will recall. “But I hadn’t determined the underlying techniques were illegal. After Abu Ghraib, there was enormous pressure for me to stand by the decisions… and I couldn’t do so. I had already made up my mind many months earlier and I wasn’t about to change it. But I struggled for several days with what the consequences might be of withdrawing the opinion, because I wasn’t in the position to make an independent ruling on the other techniques. I certainly didn’t think they were unlawful, but I couldn’t get an opinion that they were lawful either. So I struggled to repudiate the flawed opinion while not causing massive disruption and fright throughout the counterterrorism world related to interrogation. And I ultimately decided that I had to withdraw those and under suspicions, stand by it, because it was so thoroughly flawed.” [Newsweek, 9/8/2007]
White House Resists Change - Though Goldsmith has the support of his boss, Attorney General John Ashcroft, Ashcroft’s deputy, James Comey, and his own deputy, Patrick Philbin, he knows the White House will fight the withdrawal. Goldsmith will decide to issue the withdrawal and then resign his position (see June 17, 2004), effectively forcing the administration to either quietly accept the withdrawal, or fight it and make his resignation a media circus. “If the story had come out that the US government decided to stick by the controversial opinions that led the head of the Office of Legal Counsel to resign, that would have looked bad,” he later recalls. “The timing was designed to ensure that the decision stuck.” Vice President Dick Cheney’s chief aide, David Addington, among other White House officials, is furious over the withdrawal of the torture opinion (interestingly, White House counsel and future attorney general Alberto Gonzales will modify his own opposition to the withdrawals later, telling Goldsmith in 2007, “I guess those opinions really were as bad as you said”). [New York Times Magazine, 9/9/2007]
Expansion of Presidential Power - Addington asks Goldsmith incredulously, “Why are you trying to give away the president’s power?” Like Cheney, Addington believes, in Goldsmith’s words, “that the very act of asking for Congress’s help would imply, contrary to the White House line, that the president needed legislative approval and could not act on his own. The president’s power would diminish, Addington thought, if Congress declined its support once asked, especially if it tried to restrict presidential power in some way. Congress had balked, during the month after 9/11, at giving the president everything he had asked for in the Congressional authorization to use force and the Patriot Act. Things would only be worse in 2004 and beyond, Addington believed.” Addington’s two questions are always, Goldsmith writes, “‘Do we have the legal power to do it ourselves?’ (meaning on the president’s sole authority), and ‘Might Congress limit our options in ways that jeopardize American lives?’” While Goldsmith and his colleagues agree that the president has the power, and that seeking Congressional approval might tie the White House’s hands more so than the administration is willing to accept, Goldsmith worries that an unfavorable Supreme Court decision would undercut Bush’s authority much more so than any restrictions passed by a compliant, Republican-led Congress. Addington sees things in very simple terms: ”“We’re going to push and push and push until some larger force makes us stop,” Addington says on several occasions. Addington tells Goldsmith, “Now that you’ve withdrawn legal opinions that the president of the United States has been relying on, I need you to go through all of [the OLC terror memos] and let me know which ones you still stand by.” Goldsmith will do just that, further angering Addington. [Savage, 2007, pp. 184; Slate, 9/11/2007]
Absolute Power Required to Defend Nation - Goldsmith later writes: “He and, I presumed, his boss viewed power as the absence of constraint. These men believed that the president would be best equipped to identify and defeat the uncertain, shifting, and lethal new enemy by eliminating all hurdles to the exercise of his power. They had no sense of trading constraint for power. It seemed never to occur to them that it might be possible to increase the president’s strength and effectiveness by accepting small limits on his prerogatives in order to secure more significant support from Congress, the courts, or allies. They believed cooperation and compromise signaled weakness and emboldened the enemies of America and the executive branch. When it came to terrorism, they viewed every encounter outside the innermost core of most trusted advisers as a zero-sum game that if they didn’t win they would necessarily lose.” [Slate, 9/11/2007]

Entity Tags: John Ashcroft, John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), James B. Comey Jr., David S. Addington, Patrick F. Philbin, Alberto R. Gonzales, Bush administration (43), Daniel Levin, Jack Goldsmith, US Department of Justice

Timeline Tags: Civil Liberties

Jack Goldsmith, the embattled head of the Justice Department’s Office of Legal Counsel (OLC) (see October 6, 2003), finds himself again mired in a conflict with Vice President Dick Cheney’s hardline chief aide, David Addington. Goldsmith has already fought with Addington over Goldsmith’s decision to withdraw the OLC’s support for the administration’s memos justifying torture (see December 2003-June 2004). Now Goldsmith and Addington are at odds over the policies governing the detention and trial of suspected terrorists. The spark for this conflict is the January 2004 Supreme Court decision to review the detention of US citizen and suspected “enemy combatant” Yaser Esam Hamdi (see January 9, 2004). Goldsmith suggests going to Congress to have that body pass legislation declaring such detention legal, reasoning that the Supreme Court would be less likely to rule against the administration if Congress had authorized such detention policies. Addington, who like his boss does not accept the idea that Congress has any business interfering in such policy decisions, refuses to countenance the idea, and Goldsmith’s proposal goes nowhere. In June 2004, the Supreme Court approves the detention policies but put modest legal restrictions on the administration’s ability to detain citizens without trial. Goldsmith, this time with deputy solicitor general Paul Clement, again suggests going to Congress; once again, Addington refuses. The White House, Goldsmith later says, continues to operate as if it could avoid any adverse decisions from the Supreme Court. When the Court issues its decision in the Hamdan case (see November 8, 2004), rejecting the administration’s policy of trying terror suspects in military tribunals without Congressional approval, and upholding the preeminence of the Third Geneva Convention in protecting the rights of accused terror detainees—including al-Qaeda suspects—the decision has a shattering effect on the Bush administration’s legal arguments towards detaining and trying those suspects. Goldsmith believes the Court’s decision is “legally erroneous” but has huge political consequences. Now detainees at Guantanamo Bay have more legal rights than ever before, and for the first time, the specter of war-crimes charges against Bush officials becomes a real possibility. Goldsmith later says that it is in these arguments, more than in the battles over domestic wiretapping or interrogation techniques, that Addington’s attempts to expand presidential power actually backfires. Goldsmith is later vindicated when, in September 2006, one of the last acts of the Republican-led Congress will give the administration every power the administration had asked for, authorizing the military commissions that the Court had rejected. The Bush administration could have avoided a damaging Court decision by working with Congress beforehand. “I’m not a civil libertarian, and what I did wasn’t driven by concerns about civil liberties per se,” he says in a 2007 interview. “It was a disagreement about means, not ends, driven by a desire to make sure that the administration’s counterterrorism policies had a firm legal foundation.” [New York Times Magazine, 9/9/2007]

Entity Tags: US Department of Justice, Yaser Esam Hamdi, US Supreme Court, Paul Clement, Al-Qaeda, Bush administration (43), David S. Addington, Jack Goldsmith, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

The Supreme Court accepts the habeas case of Yaser Esam Hamdi. For two years, Hamdi has been in detention and has been barred from seeing an attorney, and all the while not having any information about charges against him or of an upcoming trial. “I didn’t know what was going on. Really, I didn’t know anything,” Hamdi later recalls. “I was just in a big question mark, and I didn’t know any answers to any questions.” [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi, US Supreme Court

Timeline Tags: Torture of US Captives, Civil Liberties

Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel (see October 6, 2003), is astonished at the open contempt displayed by White House officials over dealing with Congress and the restraints imposed by the Foreign Intelligence Surveillance Act (FISA). Though Goldsmith agrees with the aims of the administration in battling terrorism, and agrees with the administration that FISA may present undue restraint on conducting terror investigations, he is shocked at the cavalier manner in which the administration ignores the law and the constitutional mandates for Congressional oversight. “We’re one bomb away from getting rid of that obnoxious [FISA] court,” White House aide David Addington tells Goldsmith. Addington, the chief aide to Vice President Dick Cheney, and other Bush officials treat FISA the same way they treated other laws they disdained, Goldsmith later recalls: “They blew through them in secret based on flimsy legal opinions that they guarded closely so no one could question the legal basis for the operations,” he will write in his 2007 book “The Terror Presidency” (see September 9, 2007). [New York Times Magazine, 9/9/2007]

Entity Tags: Jack Goldsmith, Bush administration (43), David S. Addington, Foreign Intelligence Surveillance Act, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Civil Liberties

Spanish judge Baltasar Garzon renews permission to wiretap the phones of Serhane Abdelmajid Fakhet, considered to be one of about three masterminds of the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) that will occur one month later. Interestingly, in the application for renewal, Fakhet is linked to the Casablanca bombings of May 2003 (see May 16, 2003). His brother-in-law Mustapha Maymouni was arrested in Morocco and is being imprisoned there for a role in the bombings at this time (see Late May-June 19, 2003). Fakhet is also linked in the application to Zouhaier ben Mohamed Nagaaoui, a Tunisian believed to be on the Spanish island of Ibiza and preparing for a suicide attack on a ship, following instructions from al-Qaeda. Nagaaoui is also said to be linked to the Casablanca bombings. Further, he has links to a number of Islamist militant groups and had undergone weapons and explosives training. [El Mundo (Madrid), 7/30/2005] Around the same time, Garzon also renews the wiretapping of some other Madrid bombers such as Jamal Zougam. [El Mundo (Madrid), 9/28/2004] It is not known what later becomes of Nagaaoui.

Entity Tags: Serhane Abdelmajid Fakhet, Baltasar Garzon, Mustapha Maymouni, Zouhaier ben Mohamed Nagaaoui, Jamal Zougam

Timeline Tags: Complete 911 Timeline

Jamal Ahmidan is a member of the Islamist militant cell who has arranged to buy the explosives for the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). He is also a drug dealer, and is purchasing the explosives from Emilio Suarez Trashorras and some others who are generally both drug dealers and government informants. His phone is being monitored by Spanish intelligence. On February 28, he calls Othman El Gnaoui, another member of the militant cell, and says that he will need a van to transport something. The next day, Ahmidan is in the Spanish region of Asturias to help pick up the over 100 kilograms of explosives used in the bombings. He drives a stolen white Toyota Corolla and travels with a Renault Kangoo van and a Volkswagen Golf. Trashorras and Mohammed Oulad Akcha (another member of the militant cell) drive the other vehicles. The three vehicles drive the explosives to Madrid in what will later be popularly dubbed the “caravan of death.” Ahmidan makes about 15 calls on his monitored phone during the several hour journey, many of them to El Gnaoui. While he does not explicitly talk on the phone about moving explosives, he does make clear to El Gnaoui that he and two other vehicles are moving something to Madrid. He is stopped for speeding along the way by police, but the trunk of his car is not checked. He gives the police officer a false identification. [El Mundo (Madrid), 8/23/2004]

Entity Tags: Othman El Gnaoui, Jamal Ahmidan, Emilio Suarez Trashorras, Mohammed Oulad Akcha

Timeline Tags: Complete 911 Timeline

Chuck Rosenberg.Chuck Rosenberg. [Source: Associated Press / Charles Dharapak]Vice President Dick Cheney challenges objections to the White House’s secret, warrantless surveillance program (see Early 2002) by Justice Department officials. Cheney makes his objections during a meeting attended by high-level White House and Justice Department officials, but this does not come to light until a 2007 testimony by Deputy Attorney General James Comey (see May 15, 2007). [Washington Post, 6/7/2007] (Comey will step down from his post in mid-2005.) [Law.com, 4/21/2005] The White House meetings take place one day before White House officials journey to Attorney General John Ashcroft’s hospital room to try to force Ashcroft to give his approval for the NSA-managed surveillance program (see March 10-12, 2004). Ashcroft will refuse to give his approval. Cheney’s key role in leading what the Washington Post calls “a fierce internal battle over the legality of the warrantless surveillance program” is not known until Comey’s 2007 testimony. The White House meeting, held to discuss Justice Department objections to the NSA program, is attended by Cheney, White House counsel and future attorney general Alberto Gonzales, Cheney’s chief counsel David Addington, and others. Comey will testify that at the time, eight Justice Department officials are prepared to resign if the White House doesn’t back down on forcing the department to sign off on the program. Those officials include FBI director Robert Mueller, US attorney Chuck Rosenberg of the northern Virginia district, and Office of Legal Counsel head Jack Goldsmith. [Washington Post, 6/7/2007]

Entity Tags: Washington Post, US Department of Justice, Robert S. Mueller III, John Ashcroft, Alberto R. Gonzales, Chuck Rosenberg, David S. Addington, Richard (“Dick”) Cheney, James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

Attorney General John Ashcroft is visited by a squad of top White House and Justice Department officials just hours after Ashcroft underwent emergency surgery for severe, acute pancreatis, and is still recuperating in intensive care. The White House officials attempt to persuade the barely lucid Ashcroft to give his formal approval for the secret National Security Agency warrantless wiretapping surveillance program (see Early 2002), which requires the Justice Department to periodically review and approve it. [National Public Radio, 5/15/2007; Washington Post, 5/16/2007; Washington Post, 6/7/2007; Associated Press, 6/7/2007]
Comey, Goldsmith Rush to Head Off Aides - Deputy Attorney General James Comey testifies to the incident before the Senate Judiciary Committee over three years later (see May 15, 2007). Comey will recall that he and Ashcroft had decided not to recertify the surveillance program due to their concerns over its legality and its lack of oversight. On March 9, Ashcroft was rushed to the hospital with severe pancreatis. As per Justice Department procedures, Comey became acting attorney general for the duration of Ashcroft’s incapacity. The next night, just hours after Ashcroft underwent emergency surgery for the removal of his gallbladder, Comey receives an urgent phone call from Ashcroft’s aide, David Ayres, who himself has just spoken with Ashcroft’s wife Janet. Ayres tells Comey that White House counsel Alberto Gonzales and White House chief of staff Andrew Card are en route to Ashcroft’s hospital room to pressure Ashcroft to sign off on the program recertification. A furious Comey telephones FBI director Robert Mueller, and the two, accompanied by aides, race separately through the Washington, DC streets with sirens wailing to reach Ashcroft’s hospital room; they beat Gonzales and Card to the room by a matter of minutes. “I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that,” Comey will testify, and will add that to him, Ashcroft appears “pretty bad off.” En route, Mueller instructs the security detail protecting Ashcroft not to allow Card or Gonzales to eject Comey from the hospital room. Card and Gonzales enter just minutes later. [Washington Post, 5/16/2007; PBS, 5/16/2007] “And it was only a matter of minutes that the door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card,” Comey will testify. “They came over and stood by the bed, greeted the attorney general very briefly, and then Mr. Gonzales began to discuss why they were there—to seek his approval for a matter.” [National Public Radio, 5/15/2007] Gonzales is holding an envelope containing an executive order from Bush. He tells Ashcroft that he needs to sign off on the order, thereby giving the wiretapping program Justice Department authorization to continue unabated. Comey will testify that Ashcroft “lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me. [Ashcroft then adds] ‘But that doesn’t matter, because I’m not the attorney general. There is the attorney general,’” pointing at Comey. Gonzales and Card leave the room without ever acknowledging Comey’s presence. “I was angry,” Comey will recall. “I thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me.” [Washington Post, 5/16/2007; Washington Post, 6/7/2007] “That night was probably the most difficult night of my professional life, so it’s not something I forget,” Comey will testify. [PBS, 5/16/2007] Goldsmith is also in the room; like Comey, Goldsmith receives a phone call alerting him to Gonzales’s and Card’s visit, and like Comey, Goldsmith races through the Washington streets to arrive at Ashcroft’s room minutes before Gonzales and Card arrive. He, too, is astonished at the brazen, callous approach taken by the two White House officials against Ashcroft, who he describes as laying in his darkened hospital room, with a bright light shining on him and tubes and wires protruding from his body. “Ashcroft, who looked like he was near death, sort of puffed up his chest,” Goldsmith later recalls. “All of a sudden, energy and color came into his face, and he said that he didn’t appreciate them coming to visit him under those circumstances, that he had concerns about the matter they were asking about and that, in any event, he wasn’t the attorney general at the moment; Jim Comey was. He actually gave a two-minute speech, and I was sure at the end of it he was going to die. It was the most amazing scene I’ve ever witnessed.” As Gonzales and Card leave the room, Goldsmith will recall, “Mrs. Ashcroft, who obviously couldn’t believe what she saw happening to her sick husband, looked at Gonzales and Card as they walked out of the room and stuck her tongue out at them. She had no idea what we were discussing, but this sweet-looking woman sticking out her tongue was the ultimate expression of disapproval. It captured the feeling in the room perfectly.” [New York Times Magazine, 9/9/2007] After Gonzales and Card leave the room, Comey asks Mueller to instruct the security detail not to let any more visitors into the room, except for family, without Mueller’s approval, apparently in order to keep Gonzales and Card from attempting to return. [US Department of Justice, 8/14/2007]
Cheney or Bush Behind Visit? - The hospital visit is sparked by at least two events: a meeting of White House officials a day earlier, where Vice President Dick Cheney attempted to push reluctant Justice Department officials to approve the surveillance program (see March 9, 2004), and Comey’s own refusal to certify the legality of the surveillance, as noted above. [Washington Post, 6/7/2007] Some believe that the timing of the incident shows that Cheney is the one who ordered Gonzales and Card to go to Ashcroft’s hospital room; Comey personally informed Cheney of his decision not to give his approval to the program. Speculation about Cheney’s ordering of the visit cannot be confirmed, [National Journal, 7/7/2007; National Journal, 8/16/2007] though the New York Times states flatly in an op-ed that “Vice President Dick Cheney sent Mr. Gonzales and [Card] to Mr. Ashcroft’s hospital room to get him to approve the wiretapping.” [New York Times, 7/29/2007] Three years later, Goldsmith will tell Congress that he believes Bush himself authorized the visit (see October 2, 2007).
Meeting in the White House - Minutes after the incident in Ashcroft’s hospital room, Card orders Comey to appear at a late-night meeting at the White House; Comey refuses to go alone, and pulls Solicitor General Theodore Olson from a dinner party to act as a witness to the meeting. “Mr. Card was very upset and demanded that I come to the White House immediately. After the conduct I had just witnessed, I would not meet with him without a witness present,” Comey will testify. “[Card] replied, ‘What conduct? We were just there to wish him well.’ And I said again, ‘After what I just witnessed, I will not meet with you without a witness. And I intend that witness to be the solicitor general of the United States.’” On March 11, after an al-Qaeda bombing in Madrid kills over 200 people (see 7:37-7:42 a.m., March 11, 2004, Bush recertifies the program without the approval of the Justice Department. Comey responds by drafting a letter of resignation, effective March 12. “I couldn’t stay if the administration was going to engage in conduct that the Department of Justice had said had no legal basis,” he will testify. “I just simply couldn’t stay.” Comey is not the only one threatening to resign; he is joined by Ashcroft, Mueller, Ayres, Goldsmith, Justice Department official Patrick Philbin, and others, who all intend to resign en masse if Bush signs off on the surveillance program without Justice Department support. But Ayres persuades Comey to delay his resignation; in Comey’s words, Ayres “asked me something that meant a great deal to him, and that is that I not resign until Mr. Ashcroft was well enough to resign with me.” Instead of resigning on March 12, Bush meets separately with Comey and Mueller, and promises to make changes in the program (see March 12-Mid-2004). Those changes have never been disclosed, though some changes are later found to be the creation of a secret review court to oversee the surveillance court, and the clarification of what exactly constitutes “probable cause” for surveillance. Comey will testify,…“Director Mueller came to me and said that, ‘The president told me that the Department of Justice should get this where it wants to be—to do what the department thinks is right.’ And I took that mandate and set about to do that, and I accomplished that.” [Newsweek, 1/9/2006; National Public Radio, 5/15/2007; New York Times, 5/15/2007; Washington Post, 5/16/2007; PBS, 5/16/2007; Associated Press, 6/7/2007] Goldsmith recalls his surprise when Congress later approves the program and brings it somewhat under the supervision of the FISA court. “I was sure the government was going to melt down,” Goldsmith says in 2007. “No one anticipated they were going to reverse themselves.” [New York Times Magazine, 9/9/2007]
Did Gonzales Break the Law? - It is also possible that Gonzales and Card may have broken the law in discussing classified information in a public venue. “Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace,” says law professor Neal Katyal, a national security adviser under Bill Clinton. “The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power. And the NSA program is particularly sensitive. One government official familiar with the program notes, “Since it’s that program, it may involve cryptographic information,” some of the most highly protected information in the intelligence community. The law governing disclosure of classified information is quite strict, and numerous government and military officials have been investigated for potential violations in the past. “It’s the one you worry about,” says the government official. Katyal says that if Gonzales did indeed break the law, the Justice Department cannot run any investigation into the matter: “The fact that you have a potential case against the Attorney General himself calls for the most scrupulous and independent of investigations.” Many others are dismayed and confused by the contradictions between the absolute secrecy surrounding the program, and Gonzales’s and Card’s willingness to openly discuss it in such an insecure location, and in front of witnesses not cleared to hear details about the program—including Ashcroft’s wife, who is present in the room while the officials seek her husband’s signature. Former NSA general counsel Elizabeth Parker says not enough is known about the meeting to be sure whether or not the law was broken. “Obviously things can be discussed in ways that don’t divulge highly classified information,” she says. “The real issue is what is it about this program that is so classified that can’t allow it to be discussed in a Congressional setting, even a closed Congressional hearing. In order to have confidence in what this program is all about, one needs to understand better what the approach is and how it affects the rights of American citizens.”
'Horrible' Judgment - John Martin, who oversaw Justice’s counterintelligence division for 26 years, calls Gonzales’s and Card’s attempt to override Comey’s authority as acting attorney general as more than just “bad judgment.” Martin calls their judgement “horrible…they both knew or should have known that the Attorney General while he was so incapacitated had delegated his power to his deputy Jim Comey. Comey’s actions were heroic under the circumstances.” [Time, 5/17/2007]
Snow Dismisses Concerns - In May 2007, after Comey’s testimony to the Senate hits the media, White House press secretary Tony Snow dismisses any concerns about the inappropriateness of Gonzales’s and Card’s pressuring of Ashcroft in his hospital room, and skips over the fact that Comey, not Ashcroft, had the final authority of the Attorney General at the time. “Because he had an appendectomy, his brain didn’t work?” Snow will say of Ashcroft. “Jim Comey can talk about whatever reservations he may have had. But the fact is that there were strong protections in there, this program has saved lives and it’s vital for national security and furthermore has been reformed in a bipartisan way.” Judiciary Committee member Charles Schumer (D-NY) has a different take on the incident: “What happened in that hospital room crystallized Mr. Gonzales’ view about the rule of law: that he holds it in minimum low regard.” [Associated Press, 6/7/2007] Senate Democrats are preparing to introduce a resolution of no-confidence against Gonzales. [Time, 5/17/2007]

Entity Tags: National Security Agency, George W. Bush, Jack Goldsmith, James B. Comey Jr., John Ashcroft, Elizabeth Parker, Janet Ashcroft, Richard (“Dick”) Cheney, John Martin, David Ayres, Alberto R. Gonzales, Andrew Card, US Department of Justice, Charles Schumer, Theodore (“Ted”) Olson, Tony Snow, Robert S. Mueller III, Senate Judiciary Committee, Patrick F. Philbin, Neal Katyal

Timeline Tags: Civil Liberties

At around 7:00 a.m., Luis Garrudo Fernandez, a doorman for an apartment building in the town of Alcala de Henares, near Madrid, see three men behaving strangely near a white Renault Kangoo van parked near the local train station. The next day, he will tell the press, “When I saw them I thought they might be armed robbers or something like that… They were all covered up around their heads and necks, and it wasn’t even cold.” He gets close to one of them who is hurrying off towards the station. “All I could see was that he was wearing a white scarf around his neck and something covering the top of his head. You could only really see his eyes.” The others go to the back of the van and take out three big black rucksacks. Fernandez is unable to determine their ethnicity since he cannot see their faces clearly, but he suspects they are foreigners. Forty minutes later, bombs explode on four trains; the trains had started their journeys at the Alcala station (see 7:37-7:42 a.m., March 11, 2004). Fernandez soon tells a neighbor about the strange men. At 10:50 a.m., the neighbor calls the police. What the police find in the van will be the first lead in determining who is behind the train bombings. Fernandez claims the police soon come and inspect the van.
Immediately Told - He says they immediately tell him that they found bomb detonators and a cassette inside. The cassette contains exhortations from the Koran, but Fernandez will not remember them telling him anything about the cassette having an Arabic link. He is then driven to the police station, and on the way there a policeman tells him that he does not believe ETA, the Basque separatist group, is responsible. That evening at about 7:00 p.m., he is asked to look at a series of photographs of Arab suspects.
Contradictory Claim - However, this claim is later contradicted by a police report. While it is not denied that Fernandez gave the initial tip, the report says the van is not searched until about 3:30 p.m., after it has been moved to a different part of town. Eduardo Blanco, the police chief in Alcala de Henares, will later testify in support of the police report and will say that he is not told until that evening that detonators and an Arab cassette have been found in the vehicle. [Guardian, 3/13/2004; Daily Telegraph, 3/15/2004; Expatica, 7/6/2004; London Times, 7/7/2004] The discrepancy is important in determining just how quickly investigators begin to suspect Islamist militants and not ETA are behind the bombing.

Entity Tags: Luis Garrudo Fernandez, Euzkadi Ta Azkatasuna, Eduardo Blanco

Timeline Tags: Complete 911 Timeline

Multiple bombs destroyed this train in Madrid, Spain.Multiple bombs destroyed this train in Madrid, Spain. [Source: Rafa Roa/ Cover/ Corbis] (click image to enlarge)At about 7:40 a.m., four trains are bombed in Madrid, Spain, killing 191 people and injuring about 1,800 more. These are not suicide bombings, but were set by cell phone timers. Basque separatists are initially blamed, but evidence later points to people loosely associated with al-Qaeda. It will later be reported that 34 out of the 40 main people suspected or arrested for involvement in the bombings were under surveillance in Spain prior to the bombings (see Shortly Before March 11, 2004). Most of the bombers had never been to any training camps. In 2006, Spanish investigators will announce that the bombings were inspired by al-Qaeda, but not ordered or funded by al-Qaeda’s leadership. Specifically, the bombers are said to have been inspired by a speech allegedly given by Osama bin Laden in October 2003 (see October 19, 2003). [New Yorker, 7/26/2004; Associated Press, 3/9/2006] However, there will also be evidence against this that will not be refuted. For instance, the investigators will claim that all the key participants are either dead or in jail, but a number of them remain free overseas. For example, Amer el-Azizi is implicated in the Madrid bombings (see Before March 11, 2004), and he has links to well-known al-Qaeda figures such as Khalid Shaikh Mohammed (see (November 2001)), Ramzi bin al-Shibh (see Before July 8, 2001), and Zacarias Moussaoui (see Before August 16, 2001). In late 2002 or early 2003, el-Azizi is said to have met with Serhane Abdelmajid Fakhet, one of the key bombers, to discuss a bombing. He reportedly gave Fakhet permission to stage a bombing in the name of al-Qaeda, but it is unclear if he gave any funding or other assistance. [Associated Press, 4/10/2004; New Yorker, 7/26/2004] There are suggestions that el-Azizi was protected by Spanish intelligence (see Shortly After November 21, 2001), so the government may not be eager to highlight his involvement. Fakhet, considered one of the three masterminds of the bombings, may have been a government informant (see Shortly After October 2003). Many of the other plotters also appear to have been informants, and almost all the plotters were under surveillance before the bombings (see Shortly Before March 11, 2004). Former counterterrorism “tsar” Richard Clarke will say later in the month: “If we catch [bin Laden] this summer, which I expect, it’s two years too late. Because during those two years when forces were diverted to Iraq… al-Qaeda has metamorphosized into a hydra-headed organization with cells that are operating autonomously like the cells that operated in Madrid recently.” [USA Today, 3/28/2004] It will be noted that the 9/11 terrorist attacks in the US and the Madrid train bombings are separated by a total of 911 days. [MSNBC, 3/19/2004; Bloomberg, 4/22/2005]

Entity Tags: Osama bin Laden, Amer el-Azizi, Al-Qaeda, Richard A. Clarke, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

The white van, impounded in a police parking lot.The white van, impounded in a police parking lot. [Source: Libertad Digital]At 10:50 a.m. on March 11, 2004, Madrid police receive an eyewitness tip pointing them to a white van (see 7:00 a.m., March 11, 2004) left at one of the train stations that had been bombed about three hours earlier (see 7:37-7:42 a.m., March 11, 2004). One investigator will later say: “At the beginning, we didn’t pay too much attention to it. Then we saw that the license plate didn’t correspond to the van.” [New Yorker, 7/26/2004] Police determine that the van was stolen several days before. [El Mundo (Madrid), 4/23/2004] At about 2:00 p.m., police take the van away. Accounts conflict as to whether the van is searched that morning before it is moved or that afternoon after the move (see 7:00 a.m., March 11, 2004). [Guardian, 3/13/2004] Regardless, when it is searched investigators find a plastic bag containing bomb detonators. They also find a cassette tape containing recitations of the Koran. Investigators had immediately suspected ETA, a Basque separatist group, was behind the bombings, and in fact at 1:30 p.m. Spanish Interior Minister Angel Acebes publicly blames ETA for the bombings. But based on the evidence in the van they begin to suspect Islamist militants were behind it instead. [New Yorker, 7/26/2004; Vidino, 2006, pp. 294] That evening, traces of the explosive Goma-2 are also found in the van. This will further point the investigation away from the ETA, since that group has never been known to use that type of explosive (see (8:00 a.m.-Evening) March 11, 2004). [El Mundo (Madrid), 4/23/2004]

Entity Tags: Angel Acebes, Euzkadi Ta Azkatasuna

Timeline Tags: Complete 911 Timeline

Four Madrid trains were bombed on the morning of March 11, 2004 (see 7:37-7:42 a.m., March 11, 2004), and in the evening on the same day, Spanish Prime Minister Jose Maria Aznar calls the editors of Spain’s major newspapers and tells them that ETA, a Basque separatist group, is behind the attacks. In fact, so far there is no evidence suggesting ETA involvement in the bombings. However, investigators have found bomb detonators in a van near the sight of one of the bombings, and the van also has a cassette tape of the Koran in it, suggesting Islamist militants were behind the bombings (see 10:50 a.m.-Afternoon, March 11, 2004). At the same time, Spanish intelligence is wiretapping most of the top ETA leaders, and during the day they intercept calls between leaders expressing shock about the bombings. The bombings also do not fit with ETA’s modus operandi, which is to bomb government targets and avoid civilian casualties. Aznar is aware of all this, and even tells Jose Luis Rodriguez Zapatero, leader of the opposition party, about the van evidence in a phone call that same evening. But Aznar nonetheless insists that “there is no doubt who did the attacks,” and that ETA is to blame. There are nationwide elections scheduled in just three days, and polls show that Aznar’s successor, Mariano Rajoy of the conservative Popular Party, is leading Zapatero of the Socialist party by about five points. ETA has a long history of bombings in Spain, and Aznar himself survived an ETA car bomb in 1995. He has made the elimination of ETA his top priority. In fact, Aznar has planned a series of raids against ETA on March 12 in hopes that will help boost his party’s chances in the elections. If ETA is responsible, it will vindicate Aznar’s campaign against them and presumably boost his party’s chances in the election. [New Yorker, 7/26/2004]

Entity Tags: Mariano Rajoy, Jose Luis Rodriguez Zapatero, Euzkadi Ta Azkatasuna, Jose Maria Aznar

Timeline Tags: Complete 911 Timeline

After senior Justice Department officials object to the possible illegality of the National Security Agency’s secret domestic surveillance program, and refuse to sign off on its continued use, the program is suspended for several months while Justice Department officials conduct a secret audit of the program. Attorney General John Ashcroft will recertify the program at the end of the month (see Late March, 2004). The suspension is prompted by acting Attorney General James Comey’s refusal to approve the program when it comes up for its regular 45-day review, and a subsequent late-night hospital visit by White House officials Andrew Card and Alberto Gonzales to the hospital room of Attorney General John Ashcroft, where they unsuccessfully attempt to pressure Ashcroft, recuperating from surgery, to overrule Comey and approve the program (see March 10-12, 2004). Bush himself has personally reauthorized the program over 30 times since its inception after the 9/11 attacks (see Early 2002), and reauthorizes it himself after Comey and Ashcroft refuse to give it their approval. This reauthorization prompts a threat of mass resignations by Justice Department officials unless the program is brought under increased oversight. Bush will allow the Justice Department to recommend changes to the program, though those changes have never been made public. The Justice Department audits a selection of cases to see how the NSA is running the program, scrutinizing how NSA officials determine that they have probable cause to wiretap US citizens’ phones and e-mail accounts. The results of that audit have not been made public. When the program was first authorized by Bush’s executive order in early 2002, it was so secret that then-Deputy Attorney General Larry Thompson, who was active in most of the government’s most highly classified counterterrorism operations, was not given access to the program. That decision, among other elements of the program, led many Justice Department officials to worry that the program was operating outside of the Constitution and without proper oversight. Comey, Thompson’s successor, was eventually given authorization to take part in the program and to review intelligence data produced by it. Justice Department officials say that Comey takes part in overseeing the reforms that are put into place during the current audit. However, those reforms do not restrict the NSA’s authority to independently choose its eavesdropping targets, and NSA shift supervisors have the authority to decide for themselves whether there is enough evidence against a US citizen to warrant a secret wiretap. No one at the Justice Department or in the White House needs to be consulted before a wiretap is put into place. [New York Times, 12/31/2005]

Entity Tags: US Department of Justice, National Security Agency, Larry D. Thompson, Associated Press, James B. Comey Jr., John Ashcroft, Alberto R. Gonzales, George W. Bush, Andrew Card

Timeline Tags: Civil Liberties

Angel Acebes.Angel Acebes. [Source: Luis Magan / El Pais]At 4:00 p.m. on March 13, 2004, the day before national elections in Spain, Interior Minister Angel Acebes announces on television that Jamal Zougam and two other Moroccans have been arrested for suspected roles in the Madrid train bombings two days before (see 7:37-7:42 a.m., March 11, 2004). A day earlier, evidence found at one of the bomb sites was linked to Zougam (see March 12, 2004), and he had long been monitored for his Islamist militant links (see 2000-Early March 2004). Nonetheless, Acebes continues to suggest that ETA, a Basque separatist group, was behind the bombing instead. The ruling party has staked its reputation on its assertion that ETA is to blame. [New Yorker, 7/26/2004] That evening, the national public television station even changes its regular television programming to show a movie about Basque terrorism. [Australian, 11/2/2007] But by now the opposition Socialist Party is publicly accusing the government of lying about the investigation in order to stay in power. [New Yorker, 7/26/2004] Zougam will later be sentenced to life in prison for his role in the Madrid bombings. [Daily Mail, 11/1/2007]

Entity Tags: Euzkadi Ta Azkatasuna, Angel Acebes, Jamal Zougam

Timeline Tags: Complete 911 Timeline

Youssef Belhadj.Youssef Belhadj. [Source: Public domain]At 7:30 p.m., on March 13, 2004, the night before national elections in Spain, an anonymous phone caller tells a Madrid television station that there is a videotape related to the Madrid train bombings two days earlier (see 7:37-7:42 a.m., March 11, 2004) in a nearby trash can. The video is quickly found. It is not broadcast, but the government releases portions of its text to the media that evening. [Associated Press, 3/13/2004] A man on the tape identifies himself as Abu Dujan al-Afghani, and says he is the military spokesman for the “military wing of Ansar al-Qaeda” (ansar means partisan). [New York Times, 4/12/2004] Dressed in white burial robes and holding a submachine gun, he says: “We declare our responsibility for what happened in Madrid exactly two-and-a-half years after the attacks on New York and Washington. It is a response to your collaboration with the criminals Bush and his allies. This is a response to the crimes that you have caused in the world, and specifically in Iraq and Afghanistan, and there will be more, if God wills it.” [BBC, 3/14/2004; Irujo, 2005, pp. 327-342] Spanish Interior Minister Angel Acebes has been repeatedly blaming ETA, a Basque separatist group, for the bombings (see 10:50 a.m.-Afternoon, March 11, 2004 and March 12, 2004). He holds a press conference shortly after the videotape text is made public and encourages the public to be skeptical about the tape’s authenticity. [Observer, 3/14/2004] But more and more Spaniards doubt the official story. El Mundo, the largest newspaper in Madrid, criticizes “the more than dubious attitude of the government in relation to the lines of investigation.” The BBC publishes a story hours before the election is to begin and notes: “If ETA is to blame it would justify the [ruling Populist Party’s] hard line against the group and separatism in Spain. But if al-Qaeda is to blame, however, it would bring into question Spain’s decision to join the United States and Britain in the war on Iraq, something 90 percent of Spaniards opposed.” [BBC, 3/14/2004] The video actually was made by the bombers. A banner shown in the video is found in a safe house used by the bombers about a month later (see 9:05 p.m., April 3, 2004), suggesting the video was shot there. [New York Times, 4/12/2004] The spokesman will later be revealed to be Youssef Belhadj. Belhadj will be arrested in Belgium in 2005, extradited to Spain, and sentenced to prison for a role in the Madrid bombings. [Irujo, 2005, pp. 327-342; MSNBC, 10/31/2007]

Entity Tags: Euzkadi Ta Azkatasuna, Angel Acebes, Al-Qaeda, Youssef Belhadj

Timeline Tags: Complete 911 Timeline

On March 14, 2004, just three days after the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), Spain holds national elections. The opposition Socialist party wins. The Socialists go from 125 seats to 164 in the 350-seat legislature. The ruling Popular Party falls from 183 seats to 148. As a result, Socialist Jose Luis Rodriguez Zapatero replaces Jose Maria Aznar as Spain’s prime minister. Zapatero had pledged to withdraw Spain’s troops from the war in Iraq. In declaring victory, Zapatero again condemns the war in Iraq and reiterates his pledge to withdraw. He keeps his pledge and withdraws all of Spain’s troops over the next couple of months. [Associated Press, 3/15/2004; New Yorker, 7/26/2004]
Victory for Al-Qaeda? - Some will see this as a strategic victory for al-Qaeda. A treatise written by al-Qaeda leader Yusef al-Ayeri in late 2003 suggested the political utility of bombing Spain in order to force them to withdraw their troops from Iraq (see December 2003). For instance, an editor at the conservative Spanish newspaper ABC will later say, “I doubt whether anyone can seriously suggest that Spain has not acted in a way that suggests appeasement.”
Angry Voters - But Spanish voters may not have voted out of fear of being attacked again because of its Iraq commitment so much as anger at the ruling party for attempting to hide evidence linking the bombing to al-Qaeda and falsely blaming Basque separatists instead (see Evening, March 11, 2004, March 12, 2004, 4:00 p.m., March 13, 2004). [New Yorker, 7/26/2004] For instance, the Guardian will report, “The spectacular gains made by [the Socialist party] were in large part a result of the government’s clumsy attempts at media manipulation following the Madrid bombs on Thursday.… The party had just three days to avoid the charge that it had attracted the bombers by supporting a war that was opposed by 90% of Spaniards.… There would have been a double bonus for the [Popular Party] if they could have successfully deflected the blame onto the Basque terrorist group, ETA. A central plank of the government’s election platform had been that [the Socialists] are ‘soft’ on Basque terrorism.” [Guardian, 3/15/2004]

Entity Tags: Yusef al-Ayeri, Al-Qaeda, Jose Luis Rodriguez Zapatero, Jose Maria Aznar

Timeline Tags: Complete 911 Timeline

The Popular Party led by Spanish Prime Minister Jose Maria Aznar is voted out of power on March 14, 2004 (see March 14, 2004). In December 2004, the incoming prime minister, Jose Luis Rodriguez Zapatero of the Socialist party, will claim that shortly after the election Aznar wiped out all computer records at the prime minister’s office from the period between the Madrid train bombings on March 11 (see 7:37-7:42 a.m., March 11, 2004) and the elections three days later. Zapatero will tell a parliamentary commission: “There was nothing, absolutely nothing… everything had been wiped. There is nothing from March 11 to March 14 in the prime minister’s office.” Only some paper documents remain. During those days, the ruling party strongly asserted that ETA, a Basque separatist group, was behind the bombings, even as investigators quickly uncovered overwhelming evidence that Islamist militants were the real culprits (see Evening, March 11, 2004, March 12, 2004, 4:00 p.m., March 13, 2004). Zapatero will accuse Aznar’s government of having tried to frame ETA for the bombings. “It was massive deceit,” he says. [Guardian, 12/14/2004]

Entity Tags: Euzkadi Ta Azkatasuna, Jose Maria Aznar, Jose Luis Rodriguez Zapatero

Timeline Tags: Complete 911 Timeline

Rafa Zouhier is an informant working for Spain’s Civil Guard. On March 16 and 17, 2004, he speaks to his handler, known by the alias Victor, and gives him vital leads that help break open the investigation into the Madrid train bombings on March 11 (see 7:37-7:42 a.m., March 11, 2004). He mentions that Jamal Ahmidan, alias “El Chino,” was a key member of the bomb plot. [Irujo, 2005, pp. 343-348] Then, according to phone transcripts, on March 17, 2004, he calls Victor again and correctly tells him the exact street where Ahmidan lives. Zouhier gives further details about what Ahmidan looks like, his car, his family, and so on. Seemingly, the police have enough information to find Ahmidan, but they do not attempt to go to his house. Nine days later, they will talk to Ahmidan’s wife and find out that he was there on March 17 and all the next day. Then, on the March 19, Ahmidan goes to the farm house he is renting where the bombs were built, which the police have yet to search (see March 18-26, 2004). After that, he goes to an apartment in the nearby town of Leganes, where most of the rest of the suspects are staying. So if police would have pursued the lead and then trailed Ahmidan, they would have been led to nearly all the main suspects. [El Mundo (Madrid), 7/3/2006] Police will arrest Zouhier on March 19 for not telling them more about the plot, and sooner. [El Mundo (Madrid), 4/9/2007] He will eventually be convicted and sentenced to more than 10 years in prison. [MSNBC, 10/31/2007]

Entity Tags: Jamal Ahmidan, Rafa Zouhier, “Victor”

Timeline Tags: Complete 911 Timeline

Emilio Suarez Trashorras, a police informant, is questioned about the Madrid train bombings that took place one week before (see 7:37-7:42 a.m., March 11, 2004). The previous day, another informant named Rafa Zouhier spoke to police and named Trashorras, Jamal Ahmidan, and others as key figures in the purchase of the explosives used in the bombings (see March 17, 2004). Trashorras and Zouhier allegedly did not tell their handlers about the explosives purchase before the bombings, so they are both arrested and eventually convicted for roles in the bombings (see October 31, 2007). Trashorras confesses much information to the police, including the role of Ahmidan and the fact that the bombs were built in a farm house Ahmidan is renting in the nearby town of Morata. Police already are aware of the house because some of the Madrid bombings suspects were monitored meeting there in 2002 and 2003 (see October 2002-June 2003), but it has not been searched since the bombings. By chance, on March 19, Ahmidan returns to the Morata house and has dinner there with his family. However, police still have not acted on Trashorras’s tip and gone to the house, so they miss Ahmidan. Also on March 19, police publicly announce the arrest of Trashorras, causing Ahmidan to finally go into hiding (see March 19, 2004). He goes to the bombers’ hideout in the town of Leganes, which could have led police to most of the other bombers. Hamid Ahmidan, Jamal Ahmidan’s cousin, answers questions about the house to police on March 21 and reveals that many of the bombers were there just before the bombing. But remarkably, police do not search the house until March 26. By that time, Ahmidan and the other bombers who lived there are no longer there. [El Mundo (Madrid), 2/12/2006; El Mundo (Madrid), 9/18/2006; El Mundo (Madrid), 3/25/2008] Ahmidan and many of the other key bomb suspects allegedly blow themselves up in Leganes in early April (see 9:05 p.m., April 3, 2004).

Entity Tags: Rafa Zouhier, Jamal Ahmidan, Emilio Suarez Trashorras, Hamid Ahmidan

Timeline Tags: Complete 911 Timeline

Mohamed Haddad.Mohamed Haddad. [Source: Public domain]Days after the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), multiple witnesses identify a Moroccan named Mohamed Haddad as one of the bombers. For instance, two witnesses claim to have seen him carrying a backpack on the day of the bombing near one of the bomb sites while in the company of two of the other bombers. Further, Haddad has many links to the other arrested bombers. For instance, he was arrested with two of the other bombers in Turkey in 2000 and then let go (see October 10, 2000). Haddad is arrested in Morocco on March 18, but then is soon released. Strangely, the Moroccan government allows him to continue to live in the Moroccan town of Tetouan, but do not allow him to travel or speak to any journalists. Also, Spanish authorities are not allowed to question him. The Madrid newspaper El Mundo will report on this unusual arrangement in September 2004. In August 2005, El Mundo will report that the situation is essentially unchanged. They will comment, “It has not been explained how the Moroccan police, who had arrested thousands of people for militant ties after the 2003 Casablanca bombings (see May 16, 2003), sometimes on scant evidence, leave a suspect at large who could not even prove where he was on the day of the train bombings.” The newspaper will also note that the Spanish government has not indicted Haddad. The article will conclude by asking, “How can it be a man like Haddad has not yet been charged?” [El Mundo (Madrid), 9/14/2004; El Mundo (Madrid), 8/1/2005] El Mundo will conclude that this “would mean that Haddad was an informer of [Moroccan intelligence] in Spain or that he knows things that the Moroccans do not want the Spaniards to know.” [El Mundo (Madrid), 1/19/2005]

Entity Tags: Mohamed Haddad

Timeline Tags: Complete 911 Timeline

Spanish police raid the apartment of Mouhannad Almallah, an Islamist militant suspected of involvement in the March 11, 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). The apartment is owned by his brother, Moutaz Almallah. Mouhannad is arrested, but Moutaz is not, since he has been living in Britain since 2002 (see August 2002). Police also raid another apartment on Virgen del Coro street in Madrid owned by Moutaz, where several other bombing suspects, Basel Ghalyoun and Fouad el Morabit, have lived.
Years of Surveillance - It is surprising police took so long to raid either apartment, since the Almallah brothers have been suspected militants for many years. [El Mundo (Madrid), 3/2/2005] Moutaz was considered the closest assistant to Barakas Yarkas, long-time head of an al-Qaeda cell in Madrid, and it appears he was monitored since 1995 because of his ties to Yarkas (see November 13, 2001). He also is known to have lived with the al-Qaeda-linked imam Abu Qatada in London in 2002 (see August 2002). Curiously, a police officer later suspected of a role in the Madrid bombings sold Moutaz an apartment in 1995 and then remained friends with him (see November 1995). [El Mundo (Madrid), 3/2/2005; BBC, 3/24/2005]
Wife's Tips Do Not Lead to Arrests - Mouhannad had been a suspect since 1998, when it was discovered that another member of Yarkas’s cell had filed a false document using Mouhannad’s name. Furthermore, in January 2003 Mouhannad’s estranged wife began informing against him and his militant associates (see February 12, 2003 and January 4, 2003). She exposed the brothers’ connections to many suspect militants, including Jamal Zougam, who was arrested just two days after the Madrid bombings (see 4:00 p.m., March 13, 2004). As a result of her tips, police had monitored the Virgen del Coro apartment for a year and were still monitoring it when the Madrid bombings took place (see January 17, 2003-Late March 2004). Mouhannad’s wife spoke to police five days after the bombings, reminding them of the link between Mouhannad and Zougam, so it is unclear why police waited 13 days to raid the Virgen del Coro apartment. [El Mundo (Madrid), 3/2/2005]
Let Go Despite Confessing Knowledge of Attack Plans - Mouhannad is finally arrested because two witnesses saw Ghalyoun, one of the two militants living in the Virgen del Coro apartment, near the Madrid trains when they were bombed. Mouhannad admits knowing Zougam, the main suspect. He says he had gone to Zougam’s shop to buy a charger for his phone. He says he knows Serhane Abdelmajid Fakhet, another prime suspect in the Madrid bombings, and that in the summer of 2003 Fakhet had proposed several times to “rob banks and jewelers” to finance an attack in Spain. Fakhet even told him that he wanted to go into police stations and kill as many people as possible. The police are also aware that Mouhannad’s brother Moutaz and Fakhet were in telephone contact until at least a few days before the bombings. Yet incredibly, on March 30, Mouhannad is “provisionally released,” while still be accused of having a link to the bombings. He continues to live openly in Madrid and is not rearrested. [El Mundo (Madrid), 3/2/2005; El Mundo (Madrid), 8/5/2005]
Possible Involvement in Planned New York Attack - In the apartment where Mouhannad had been living, police find a sketch of the Grand Central Station in New York with precise annotations, leading to suspicions that some militants in Spain were planning a New York attack. However, it will take investigators several months to analyze and understand the sketch, as it is on a computer disc and accompanied by highly specialized technical data. [El Mundo (Madrid), 3/2/2005] He will be rearrested in Madrid on March 18, 2005, two weeks after it is widely reported that possible plans for a New York attack were found in his apartment. [El Mundo (Madrid), 8/5/2005] In 2006, a Spanish police report will conclude that the Almallah brothers had such important roles in the Madrid bombings that the bombings “possibly would not have occurred” without them. [Reuters, 3/8/2007] Mouhannad will eventually be sentenced to 12 years in prison (see March 18-19, 2005).

Entity Tags: Mouhannad Almallah’s wife, Mouhannad Almallah, Fouad el Morabit, Serhane Abdelmajid Fakhet, Jamal Zougam, Moutaz Almallah, Basel Ghalyoun

Timeline Tags: Complete 911 Timeline

Police have concluded that Jamal Ahmidan, alias “El Chino,” is one of the main suspects in the March 11, 2004, Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). On March 25, Ahmidan’s wife Rosa begins fully cooperating with police. Two days later, someone calls her from the the telephone number 629247179. That same day, someone calls a man named Othman El Gnaoui from the same number. El Gnaoui is a close associate of Ahmidan. The same phone number is used to call the mobile phone number of a man named Abdelkader Kounjaa four times three days later. He is the brother of Abdennabi Kounjaa, one of the bombers hiding out with many of the other bombers in an apartment in the town of Leganes by this date (see 9:05 p.m., April 3, 2004). The police will later tell the judge in the Madrid bombings trial that the person using this phone to make all these calls was Ahmidan. But in fact, in 2005 the judge will learn from the phone company that the phone number actually belongs to the national police. Ahmidan’s wife Rosa will later say she does not remember who called her, and phone records show the call to her lasted less than a minute. These calls have never been explained, but they suggest the police knew where some of the suspects were hiding, took no action against them, and then tried to cover this up. [El Mundo (Madrid), 7/23/2007] Curiously, one day after the bombings, police stopped tapping the phones of Ahmidan and El Gnaoui even though evidence linked Ahmidan to the main suspect in the bombings that same day (see March 12, 2004). El Gnaoui will be arrested on March 30 and sentenced to life in prison for a role in the bombings (see March 30-31, 2004). [MSNBC, 10/31/2007]

Entity Tags: Jamal Ahmidan, Abdelkader Kounjaa, Othman El Gnaoui, Rosa Ahmidan

Timeline Tags: Complete 911 Timeline

The FBI issues a bulletin to state and local law enforcement agencies which states that terrorists may use cultural, artistic or athletic visas to slip into the United States undetected. This is followed by another bulletin one day later from the FBI and Department of Homeland Security warning of pending terrorist attacks on buses and trains in major cities during the summer. The uncorroborated intelligence cited by the warning indicates the possible use of a bomb made out of ammonium nitrate fertilizer and diesel fuel, similar to the one used in the Oklahoma City federal building attack. This intelligence, as well as the March 11, 2004, train bombings in Madrid (see 7:37-7:42 a.m., March 11, 2004), reportedly increases the level of concern that terrorists are planning an attack in the US. It is reported that the intelligence community believes that al-Qaeda has the full intent and capability to execute coordinated and deadly attacks on public transportation systems. [PBS, 4/2/2004] No such attacks occur. The warning apparently is given because a number of suspects are arrested in Britain who had been working on a fertilizer bomb, but they have been under surveillance and their fertilizer had been replaced with a harmless substance. In the thousands of hours of monitored conversations, none of them mentioned anything about bombing the US (see Early 2003-April 6, 2004). One day prior to the first alert, Charles Duelfer, the chief weapons inspector in Iraq, informed Congress that no WMD have been found to date. [MSNBC, 6/4/2007]

Entity Tags: Federal Bureau of Investigation, Charles Duelfer, US Department of Homeland Security

Timeline Tags: Complete 911 Timeline

Attorney General John Ashcroft recertifies the NSA’s warrantless wiretapping program as being within the law, three weeks after he and his deputy, James Comey, refused to certify it. The program had come under question in early 2004, when Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, wrote to Ashcroft and Comey expressing his doubts about the program’s legality (see September 9, 2007). For those three weeks, the program operated without Justice Department approval; President Bush personally recertified it himself, though it was suspended and subjected to an internal review (see March 12-Mid-2004). Ashcroft had previously refused to recertify the program while recuperating from surgery, despite pressure from White House officials Alberto Gonzales and Andrew Card (see March 10-12, 2004). Ashcroft, Comey, Goldsmith, and other Justice Department officials had even threatened to resign en masse if Bush recertified the program without their department’s support; Bush promised to revamp the program to address Ashcroft and Comey’s objections to the program, though what those changes are remains unclear. [Boston Globe, 5/16/2007; Associated Press, 6/7/2007]

Entity Tags: Andrew Card, Alberto R. Gonzales, George W. Bush, Jack Goldsmith, National Security Agency, James B. Comey Jr., US Department of Justice, John Ashcroft

Timeline Tags: Civil Liberties

At 11:00 a.m. on April 2, 2004, a security guard notices a plastic bag next to train tracks forty miles south of Madrid. The bag contains 26 pounds of the same type of explosives used in the March 11 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). The explosives are connected to a detonator by 450 feet of cable, but they lack a triggering mechanism. The tracks are for a high-speed rail line, and if the bomb had derailed a train, it could have killed more people than the March 11 bombings did. Three days earlier, workers surprised a group of men digging a hole on a nearby section of the same rail line. It is suggested that the bombers fled prematurely both times. The next day, at 6:05 p.m., the Madrid newspaper receives a fax from Abu Dujan al-Afghani taking credit for the failed bomb. This same person (whose real name is Youssef Belhadj) took credit for the Madrid bombings and was linked to the actual bombers (see 7:30 p.m., March 13, 2004). He says the bomb is meant to show that the group can attack at any time, and demands that Spain withdraw all its troops from Iraq and Afghanistan immediately (the new prime minster has already pledged to withdraw Spain’s troops from Iraq (see March 14, 2004)). Curiously, the fax is sent right when the key Madrid bombers are in the middle of a gun battle with Spanish police. They are killed several hours later (see 9:05 p.m., April 3, 2004). [BBC, 3/4/2004; Irujo, 2005, pp. 349-260; Vidino, 2006, pp. 302-303]

Entity Tags: Youssef Belhadj

Timeline Tags: Complete 911 Timeline

Abdelkader Farssaoui, a.k.a. Cartagena, served as a government informant from late 2001 to June 2003, informing on a group of the Madrid train bombers, including mastermind Serhane Abdelmajid Fakhet (see September 2002-October 2003). At 7:00 a.m. on April 3, 2004, about three weeks after the Madrid train bombing (see 7:37-7:42 a.m., March 11, 2004), Farssaoui is picked up by a police car where he is living in Almeria, Spain, and driven about 350 miles to Madrid. Around noon, he is taken to a meeting of police officers, some of whom he knows from his time as an informant.
Holed Up - He is told that Fakhet and many of the other bombers are holed up in an apartment in the nearby town of Leganes. A police chief named Guillermo Moreno asks him to visit them and find out exactly who is there. But Farssaoui is scared and refuses to go. He points out that he has not seen any of the bombers for almost a year, and if he suddenly shows up without explaining how he knew where they were hiding they will realize he is an informant and probably kill him. He overhears an agent of UCI, the Spanish intelligence agency, speaking about him on the phone, saying, “If this Moor talks, we are f_cked.” Farssaoui, a Moroccan, will reveal this under oath as a protected witness during the trial of the Madrid bombers in 2007. [El Mundo (Madrid), 3/7/2007]
Contradiction - This testimony will directly contradict earlier testimony by police inspector Mariano Rayon (one of Farssaoui’s handlers), who will claim the police only learn that the bombers are holed up in the Leganes apartment between 3:00 and 5:00 p.m. that day. The police will surround and attack the apartment that evening, killing seven of the bombers inside (see 9:05 p.m., April 3, 2004). Farssaoui will say he is very glad he did not go into the apartment, because if he did, “there would be eight dead people,” not just seven. [Libertad Digital, 3/7/2007]

Entity Tags: Guillermo Moreno, Abdelkader Farssaoui, Mariano Rayon, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

The March 2004 Madrid train bombings were not suicide bombings (see 7:37-7:42 a.m., March 11, 2004), and most of the key bombers remain in Spain, holed up in an apartment in the town of Leganes, near Madrid. By April 3, 2004, Spanish police are tipped off about the general location of the apartment from monitoring cell phone calls. Agents from the Spanish intelligence agency, the UCI, arrive near the apartment around 2:00 p.m. The head of the UCI unit on the scene will later say that he is told around this time that the specific floor where the suspects are has been pinpointed through phone intercepts, but he will not recall who tells him this. At about 5:00 p.m., one of the suspected bombers, Abdelmajid Boucher, goes outside to throw away the trash. He spots the plainclothes agents surrounding the house and runs away. The agents pursue him but he gets away. Presumably, he soon calls the other men in the apartment to let them know the police are outside. A gunfight breaks out between the police and the men in the apartment. [El Mundo (Madrid), 3/21/2007; El Mundo (Madrid), 3/21/2007] During the several hours of shooting, the bombers make a series of phone calls to relatives, telling them good-bye. They also allegedly somehow call radical imam Abu Qatada three times, even though he is being held in a maximum security prison in Britain, and get religious approval for their planned suicides (see Between 6:00 and 9:00 p.m., April 3, 2004). When police assault the apartment shortly after 9:00 p.m. that evening, the seven bombers still there are reportedly huddled together and blow themselves up (see 9:05 p.m., April 3, 2004). [New Yorker, 7/26/2004; Irujo, 2005, pp. 360-361] In late 2005, Boucher will be arrested while traveling through Serbia by train. He will be extradited to Spain and sentenced to 18 years in prison (see October 31, 2007). [Washington Post, 12/1/2005]

Entity Tags: Rachid Oulad Akcha, Serhane Abdelmajid Fakhet, Mohammed Oulad Akcha, Centro Nacional de Inteligencia, Jamal Ahmidan, Arish Rifaat, Abdennabi Kounjaa, Abu Qatada, Allekema Lamari, Abdelmajid Boucher

Timeline Tags: Complete 911 Timeline

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