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

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The NSA, working with British intelligence, begins secretly intercepting and reading millions of telegraph messages between US citizens and international senders and recipients. The clandestine program, called Operation Shamrock and part of a larger global surveillance network collectively known as Echelon (see April 4, 2001 and Before September 11, 2001), begins shortly after the end of World War II, and continues through 1975, when it is exposed by the “Church Committee,” the Senate investigation of illegal activities by US intelligence organizations (see April, 1976). (Campbell 7/25/2000) The program actually predates the NSA, originating with the Armed Forces Security Agency (AFSA) then continuing when that turned into NSA (see 1952). (Ponder 5/13/2006) The program operates in tandem with Project Minaret (see 1967-1975). Together, the two programs spy on both foreign sources and US citizens, especially those considered “unreliable,” such as civil rights leaders and antiwar protesters, and opposition figures such as politicians, diplomats, businessmen, trades union leaders, non-government organizations like Amnesty International, and senior officials of the Catholic Church. The NSA receives the cooperation of such telecommunications firms as Western Union, RCA, and ITT. (Campbell 7/25/2000) (Those companies are never required to reveal the extent of their involvement with Shamrock; on the recommendations of Defense Secretary Donald Rumsfeld and presidential chief of staff Dick Cheney, in 1975 President Ford extends executive privilege to those companies, precluding them from testifying before Congress.) (Ponder 5/13/2006) In the 1960s, technological advances make it possible for computers to search for keywords in monitored messages instead of having human analysts read through all communications. In fact, the first global wide-area network, or WAN, is not the Internet, but the international network connecting signals intelligence stations and processing centers for US and British intelligence organizations, including the NSA, and making use of sophisticated satellite systems such as Milstar and Skynet. (The NSA also builds and maintains one of the world’s first e-mail networks, completely separate from public e-mail networks, and highly secret.) At the program’s height, it operates out of a front company in Lower Manhattan code-named LPMEDLEY, and intercepts 150,000 messages a month. In August 1975, NSA director Lieutenant General Lew Allen testifies to the House of Representatives’ investigation of US intelligence activities, the Pike Committee (see January 29, 1976), that “NSA systematically intercepts international communications, both voice and cable.” He also admits that “messages to and from American citizens have been picked up in the course of gathering foreign intelligence,” and acknowledges that the NSA uses “watch lists” of US citizens “to watch for foreign activity of reportable intelligence interest.” (Campbell 7/25/2000) The Church Committee’s final report will will call Shamrock “probably the largest government interception program affecting Americans ever undertaken.” (Church Committee 4/23/1976) Shortly after the committee issues its report, the NSA terminates the program. Since 1978, the NSA and other US intelligence agencies have been restrained in their wiretapping and surveillance of US citizens by the Foreign Intelligence Surveillance Act (see 1978). Admiral Bobby Ray Inman, who will become the NSA’s director in 1977, and who testifies before the Church Committee as director of Naval Intelligence, will later say that he worked actively to help pass FISA: “I became convinced that for almost anything the country needed to do, you could get legislation to put it on a solid foundation. There was the comfort of going out and saying in speeches, ‘We don’t target US citizens, and what we do is authorized by a court.’” (Ponder 5/13/2006) Shamrock is considered unconstitutional by many US lawmakers, and in 1976 the Justice Department investigates potential criminal offenses by the NSA surrounding Shamrock. Part of the report will be released in 1980; that report will confirm that the Shamrock data was used to further the illegal surveillance activities of US citizens as part of Minaret. (Campbell 7/25/2000)
bullet After 9/11, the NSA will once again escalate its warrantless surveillance of US citizens, this time monitoring and tracking citizens’ phone calls and e-mails (see After September 11, 2001). It will also begin compiling an enormous database of citizens’ phone activities, creating a “data mine” of information on US citizens, ostensibly for anti-terrorism purposes (see October 2001).

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

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

The National Security Agency (NSA) is founded. It is the successor to the State Department’s “Black Chamber” and other military code-breaking and eavesdropping operations dating back to the earliest days of telegraph and telephone communications. It will eventually become the largest of all US intelligence agencies, with over 30,000 employees at its Fort Meade, Maryland, headquarters. It focuses on electronic surveillance, operating a large network of satellites and listening devices around the globe. More even than the CIA, the NSA is the most secretive of US intelligence organizations, (New York Times 12/16/2005) The agency will remain little known by the general public until the release of the 1998 film Enemy of the State, which will portray the NSA as an evil “Big Brother” agency spying on Americans as a matter of course. (Ensor 3/31/2001) After it is disclosed during the 1970s that the NSA spied on political dissenters and civil rights protesters, the NSA will be restricted to operating strictly overseas, and will be prohibited from monitoring US citizens within US borders without special court orders. (New York Times 12/16/2005)

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

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

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

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)

After Richard Nixon wins the presidency (see November 5, 1968), he orders a review of the Sentinel anti-ballistic missile program (see September 18, 1967). It is suspended and later reintroduced in a more modest form under the moniker “Safeguard.” Nixon says the program will protect “our land-based retaliatory forces against a direct attack by the Soviet Union.” Safeguard has serious conception and design flaws, and is never completely deployed; when the 1972 Anti-Ballistic Missile Treaty is signed with the Soviet Union (see May 26, 1972), the program is scaled back and eventually terminated by Congress. Author Stephen Schwartz will later write that the Sentinel/Safeguard program is “the only time that Congress has successfully voted down a major strategic nuclear weapons program supported by the executive branch.” (Schwartz 1998, pp. 286-288; Federation of American Scientists 1/15/2008)

Impelled in part by anti-ballistic missiles deployed in both the US and the Soviet Union (see September 18, 1967 and 1969-1976), the two nuclear superpowers begin the first round of Strategic Arms Limitation Talks, later known as SALT I. The negotiations are designed to limit both anti-ballistic missile systems and offensive nuclear arsenals. An agreement will be signed three years later (see May 26, 1972 and May 26, 1972). (Federation of American Scientists 1/15/2008)

The NSA, following up on its successful pilot program of satellite-based intelligence gathering called “Canyon” (see 1968), develops a much more sophisticated satellite surveillance program called “Rhyolite.” Rhyolite, later renamed “Aquacade,” is a breakthrough in the world of signal intelligence (sigint). Most importantly, it can monitor microwave transmissions, used extensively by the Soviet Union for its most secure transmissions. Its possibilities, says one insider, are “mind-blowing.” Britain’s own security agency, GCHQ, is a full party to Rhyolite/Aquacade. Former Army sigint officer Owen Lewis recalls in 1997, “When Rhyolite came in, the take was so enormous that there was no way of handling it. Years of development and billions of dollars then went into developing systems capable of handling it.” The NSA will pass much of the information it gathers to the GCHQ for transcription and analysis. Subsequently, the NSA will deploy new and even more sophisticated surveillance systems, code-named “Chalet” and “Vortex.” In doing so, it constructs numerous listening stations on friendly foreign soil, including the Menwith Hill facility that will later become a linchpin of the satellite surveillance program known as Echelon (see February 27, 2000). The new programs will revitalize the lapsed sigint alliance between the US, Britain, Canada, Australia, and New Zealand (see July 11, 2001). (Urban 7/17/1997)

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)

1974 New York Times headline.1974 New York Times headline. [Source: New York Times]The Central Intelligence Agency (CIA) has repeatedly, and illegally, spied on US citizens for years, reveals investigative journalist Seymour Hersh in a landmark report for the New York Times. Such operations are direct violations of the CIA’s charter and the law, both of which prohibit the CIA from operating inside the United States. Apparently operating under orders from Nixon officials, the CIA has conducted electronic and personal surveillance on over 10,000 US citizens, as part of an operation reporting directly to then-CIA Director Richard Helms. In an internal review in 1973, Helms’s successor, James Schlesinger, also found dozens of instances of illegal CIA surveillance operations against US citizens both past and present (see 1973). Many Washington insiders wonder if the revelation of the CIA surveillance operations tie in to the June 17, 1972 break-in of Democratic headquarters at Washington’s Watergate Hotel by five burglars with CIA ties. Those speculations were given credence by Helms’s protests during the Congressional Watergate hearings that the CIA had been “duped” into taking part in the Watergate break-in by White House officials.
Program Beginnings In Dispute - One official believes that the program, a successor to the routine domestic spying operations during the 1950s and 1960s, was sparked by what he calls “Nixon’s antiwar hysteria.” Helms himself indirectly confirmed the involvement of the Nixon White House, during his August 1973 testimony before the Senate Watergate investigative committee (see August 1973).
Special Operations Carried Out Surveillance - The domestic spying was carried out, sources say, by one of the most secretive units in CI, the special operations branch, whose employees carry out wiretaps, break-ins, and burglaries as authorized by their superiors. “That’s really the deep-snow section,” says one high-level intelligence expert. The liaison between the special operations unit and Helms was Richard Ober, a longtime CI official. “Ober had unique and very confidential access to Helms,” says a former CIA official. “I always assumed he was mucking about with Americans who were abroad and then would come back, people like the Black Panthers.” After the program was revealed in 1973 by Schlesinger, Ober was abruptly transferred to the National Security Council. He wasn’t fired because, says one source, he was “too embarrassing, too hot.” Angleton denies any wrongdoing.
Supposition That Civil Rights Movement 'Riddled' With Foreign Spies - Moscow, who relayed information about violent underground protesters during the height of the antiwar movement, says that black militants in the US were trained by North Koreans, and says that both Yasser Arafat, of the Palestinian Liberation Organization, and the KGB were involved to some extent in the antiwar movement, a characterization disputed by former FBI officials as based on worthless intelligence from overseas. For Angleton to make such rash accusations is, according to one member of Congress, “even a better story than the domestic spying.” A former CIA official involved in the 1969-70 studies by the agency on foreign involvement in the antiwar movement says that Angleton believes foreign agents are indeed involved in antiwar and civil rights organizations, “but he doesn’t know what he’s talking about.”
'Cesspool' of Illegality Distressed Schlesinger - According to one of Schlesinger’s former CIA associates, Schlesinger was distressed at the operations. “He found himself in a cesspool,” says the associate. “He was having a grenade blowing up in his face every time he turned around.” Schlesinger, who stayed at the helm of the CIA for only six months before becoming secretary of defense, informed the Department of Justice (DOJ) about the Watergate break-in, as well as another operation by the so-called “plumbers,” their burglary of Daniel Ellsberg’s psychiatrist’s office after Ellsberg released the “Pentagon Papers” to the press. Schlesinger began a round of reforms of the CIA, reforms that have been continued to a lesser degree by Colby. (Some reports suggest that CIA officials shredded potentially incriminating documents after Schlesinger began his reform efforts, but this is not known for sure.) Intelligence officials confirm that the spying did take place, but, as one official says, “Anything that we did was in the context of foreign counterintelligence and it was focused at foreign intelligence and foreign intelligence problems.”
'Huston Plan' - But the official also confirms that part of the illegal surveillance was carried out as part of the so-called “Huston plan,” an operation named for former White House aide Tom Charles Huston (see July 26-27, 1970) that used electronic and physical surveillance, along with break-ins and burglaries, to counter antiwar and civil rights protests, “fomented,” as Nixon believed, by so-called black extremists. Nixon and other White House officials have long denied that the Huston plan was ever implemented. “[O]bviously,” says one government intelligence official, the CIA’s decision to create and maintain dossiers on US citizens “got a push at that time.…The problem was that it was handled in a very spooky way. If you’re an agent in Paris and you’re asked to find out whether Jane Fonda is being manipulated by foreign intelligence services, you’ve got to ask yourself who is the real target. Is it the foreign intelligence services or Jane Fonda?” Huston himself denies that the program was ever intended to operate within the United States, and implies that the CIA was operating independently of the White House. Government officials try to justify the surveillance program by citing the “gray areas” in the law that allows US intelligence agencies to encroach on what, by law, is the FBI’s bailiwick—domestic surveillance of criminal activities—when a US citizen may have been approached by foreign intelligence agents. And at least one senior CIA official says that the CIA has the right to engage in such activities because of the need to protect intelligence sources and keep secrets from being revealed.
Surveillance Program Blatant Violation of Law - But many experts on national security law say the CIA program is a violation of the 1947 law prohibiting domestic surveillance by the CIA and other intelligence agencies. Vanderbilt University professor Henry Howe Ransom, a leading expert on the CIA, says the 1947 statute is a “clear prohibition against any internal security functions under any circumstances.” Ransom says that when Congress enacted the law, it intended to avoid any possibility of police-state tactics by US intelligence agencies; Ransom quotes one Congressman as saying, “We don’t want a Gestapo.” Interestingly, during his 1973 confirmation hearings, CIA Director Colby said he believed the same thing, that the CIA has no business conducting domestic surveillance for any purpose at any time: “I really see less of a gray area [than Helms] in that regard. I believe that there is really no authority under that act that can be used.” Even high-level government officials were not aware of the CIA’s domestic spying program until very recently. “Counterintelligence!” exclaimed one Justice Department official upon learning some details of the program. “They’re not supposed to have any counterintelligence in this country. Oh my God. Oh my God.” A former FBI counterterrorism official says he was angry upon learning of the program. “[The FBI] had an agreement with them that they weren’t to do anything unless they checked with us. They double-crossed me all along.” Many feel that the program stems, in some regards, from the long-standing mistrust between the CIA and the FBI. How many unsolved burglaries and other crimes can be laid at the feet of the CIA and its domestic spying operation is unclear. In 1974, Rolling Stone magazine listed a number of unsolved burglaries that its editors felt might be connected with the CIA. And Senator Howard Baker (R-TN), the vice chairman of the Senate Watergate investigative committee, has alluded to mysterious links between the CIA and the Nixon White House. On June 23, 1972, Nixon told his aide, H.R. Haldeman, “Well, we protected Helms from a hell of a lot of things.” (Hersh 12/22/1974 pdf file)

Bella Abzug.Bella Abzug. [Source: Spartacus Educational]Staffers from the Church Committee (see April, 1976), slated with investigating illegal surveillance operations conducted by the US intelligence community, approach the NSA for information about Operation Shamrock (see 1945-1975). The NSA ostensibly closes Shamrock down the very same day the committee staffers ask about the program. Though the Church Committee focuses on a relatively narrow review of international cables, the Pike Committee in the House (see January 29, 1976) is much more far-ranging. The Pike Committee tries and fails to subpoena AT&T, which along with Western Union collaborated with the government in allowing the NSA to monitor international communications to and from the US. The government protects AT&T by declaring it “an agent of the United States acting under contract with the Executive Branch.” A corollary House subcommittee investigation led by Bella Abzug (D-NY)—who believes that Operation Shamrock continues under a different name—leads to further pressure on Congress to pass a legislative remedy. The Ford administration’s counterattack is given considerable assistance by a young lawyer at the Justice Department named Antonin Scalia. The head of the Office of Legal Counsel, Scalia’s arguments in favor of continued warrantless surveillance and the unrestricted rights and powers of the executive branch—opposed by, among others, Scalia’s boss, Attorney General Edward Levi—do not win out this time; Ford’s successor, Jimmy Carter, ultimately signs into law the Foreign Intelligence Surveillance Act (see 1978). But Scalia’s incisive arguments win the attention of powerful Ford officials, particularly Chief of Staff Donald Rumsfeld and Rumsfeld’s assistant, Dick Cheney. (Dubose and Bernstein 2006, pp. 36-37) Scalia will become a Supreme Court Justice in 1986 (see September 26, 1986).

Senator Frank Church.Senator Frank Church. [Source: Wally McNamee / Corbis]A Senate committee tasked to investigate the activities of US intelligence organizations finds a plethora of abuses and criminal behaviors, and recommends strict legal restraints and firm Congressional oversight. The “Church Committee,” chaired by Senator Frank Church (D-ID), a former Army intelligence officer with a strong understanding of the necessity for intelligence-gathering, notes in its final report that the CIA in particular had been overly cooperative with the Nixon administration in spying on US citizens for political purposes (see December 21, 1974); US intelligence agencies had also gone beyond the law in assassination attempts on foreign government officials in, among other places, Africa, Latin America, and Vietnam. Church himself accused the CIA of providing the White House with what, in essence, is a “private army,” outside of Congressional oversight and control, and called the CIA a “rogue elephant rampaging out of control.” The committee will reveal the existence of hitherto-unsuspected operations such as HT Lingual, which had CIA agents secretly opening and reading US citizens’ international mail, and other operations which included secret, unauthorized wiretaps, dossier compilations, and even medical experiments. For himself, Church, the former intelligence officer, concluded that the CIA should conduct covert operations only “in a national emergency or in cases where intervention is clearly in tune with our traditional principles,” and restrain the CIA from intervening in the affairs of third-world nations without oversight or consequence. CIA director William Colby is somewhat of an unlikely ally to Church; although he does not fully cooperate with either the Church or Pike commissions, he feels that the CIA’s image is badly in need of rehabilitation. Indeed, Colby later writes, “I believed that Congress was within its constitutional rights to undertake a long-overdue and thoroughgoing review of the agency and the intelligence community. I did not share the view that intelligence was solely a function of the Executive Branch and must be protected from Congressional prying. Quite the contrary.” Conservatives later blame the Church Commission for “betray[ing] CIA agents and operations,” in the words of American Spectator editor R. Emmett Tyrrell, Jr, referencing the 1975 assassination of CIA station chief Richard Welch in Greece. The chief counsel of the Church Committee accuses CIA defenders and other conservatives of “danc[ing] on the grave of Richard Welch in the most cynical way.” It is documented fact that the Church Commission exposed no agents and no operations, and compromised no sources; even Colby’s successor, George H.W. Bush, later admits that Welch’s death had nothing to do with the Church Committee. (In 1980, Church will lose re-election to the Senate in part because of accusations of his committee’s responsibility for Welch’s death by his Republican opponent, Jim McClure.) (Mooney 11/5/2001; History Matters Archive 3/27/2002; Assassination Archives and Research Center 11/23/2002)
Final Report Excoriates CIA - The Committee’s final report concludes, “Domestic intelligence activity has threatened and undermined the Constitutional rights of Americans to free speech, association and privacy. It has done so primarily because the Constitutional system for checking abuse of power has not been applied.” The report is particularly critical of the CIA’s successful, and clandestine, manipulation of the US media. It observes: “The CIA currently maintains a network of several hundred foreign individuals around the world who provide intelligence for the CIA and at times attempt to influence opinion through the use of covert propaganda. These individuals provide the CIA with direct access to a large number of newspapers and periodicals, scores of press services and news agencies, radio and television stations, commercial book publishers, and other foreign media outlets.” The report identifies over 50 US journalists directly employed by the CIA, along with many others who were affiliated and paid by the CIA, and reveals the CIA’s policy to have “their” journalists and authors publish CIA-approved information, and disinformation, overseas in order to get that material disseminated in the United States. The report quotes the CIA’s Chief of the Covert Action Staff as writing, “Get books published or distributed abroad without revealing any US influence, by covertly subsidizing foreign publicans or booksellers.…Get books published for operational reasons, regardless of commercial viability.…The advantage of our direct contact with the author is that we can acquaint him in great detail with our intentions; that we can provide him with whatever material we want him to include and that we can check the manuscript at every stage…. [The agency] must make sure the actual manuscript will correspond with our operational and propagandistic intention.” The report finds that over 1,000 books were either published, subsidized, or sponsored by the CIA by the end of 1967; all of these books were published in the US either in their original form or excerpted in US magazines and newspapers. “In examining the CIA’s past and present use of the US media,” the report observes, “the Committee finds two reasons for concern. The first is the potential, inherent in covert media operations, for manipulating or incidentally misleading the American public. The second is the damage to the credibility and independence of a free press which may be caused by covert relationships with the US journalists and media organizations.”
CIA Withheld Info on Kennedy Assassination, Castro Plots, King Surveillance - The committee also finds that the CIA withheld critical information about the assassination of President John F. Kennedy from the Warren Commission, information about government assassination plots against Fidel Castro of Cuba (see, e.g., November 20, 1975, Early 1961-June 1965, March 1960-August 1960, and Early 1963); and that the FBI had conducted a counter-intelligence program (COINTELPRO) against Dr. Martin Luther King, Jr. and the Southern Christian Leadership Conference. Mafia boss Sam Giancana was slated to testify before the committee about his organization’s ties to the CIA, but before he could testify, he was murdered in his home—including having six bullet wounds in a circle around his mouth. Another committee witness, union leader Jimmy Hoffa, disappeared before he could testify. Hoffa’s body has never been found. Mafia hitman Johnny Roselli was murdered before he could testify before the committee: in September 1976, the Washington Post will print excerpts from Roselli’s last interview, with journalist Jack Anderson, before his death; Anderson will write, “When [Kennedy assassin Lee Harvey] Oswald was picked up, the underworld conspirators feared he would crack and disclose information that might lead to them. This almost certainly would have brought a massive US crackdown on the Mafia. So Jack Ruby was ordered to eliminate Oswald.” (Anderson’s contention has not been proven.) The murders of Giancana and Roselli, and the disappearance and apparent murder of Hoffa, will lead to an inconclusive investigation by the House of the assassinations of Kennedy and King. (Spartacus Educational 12/18/2002)
Leads to FISA - The findings of the Church Committee will inspire the passage of the Foreign Intelligence Surveillance Act (FISA) (see 1978), and the standing committees on intelligence in the House and Senate. (Assassination Archives and Research Center 11/23/2002)
Simultaneous Investigation in House - The Church Committee operates alongside another investigative body in the House of Representatives, the Pike Committee (see January 29, 1976).
Church Committee Smeared After 9/11 - After the 9/11 attacks, conservative critics will once again bash the Church Committee; former Secretary of State James Baker will say within hours of the attacks that the Church report had caused the US to “unilaterally disarm in terms of our intelligence capabilities,” a sentiment echoed by the editorial writers of the Wall Street Journal, who will observe that the opening of the Church hearings was “the moment that our nation moved from an intelligence to anti-intelligence footing.” Perhaps the harshest criticism will come from conservative novelist and military historian Tom Clancy, who will say, “The CIA was gutted by people on the political left who don’t like intelligence operations. And as a result of that, as an indirect result of that, we’ve lost 5,000 citizens last week.” (Haines 1/20/2003)

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. (Tien 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)

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). (Walden 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)

About 500 Iranian students take over the American Embassy in Tehran and hold 52 Americans hostage for 444 days. The Mujahedeen-e Khalq (MEK) is one of the groups that supports the take-over. (US Department of State 4/30/2003; PBS 1/15/2006)

Michael Barnes.Michael Barnes. [Source: Covington and Burling]Representative Michael Barnes (D-MD) is targeted by the NSA’s Echelon satellite surveillance program on orders from Reagan administration officials. Barnes, an outspoken opponent of Reagan’s Central American policies, had phone conversations with Nicaraguan officials intercepted and recorded, including one conversation between Barnes and the foreign minister of Nicaragua. Barnes learns of the surveillance after White House officials, apparently attempting to discredit Barnes, leaks transcripts of the taped conversations to reporters. CIA director William Casey shows Barnes a Nicaraguan embassy cable reporting a meeting between embassy staff and one of Barnes’s aides; Casey demands that Barnes fire the aide. Barnes refuses, noting that the aide had visited the embassy on legitimate business concerning international affairs. Barnes will say in 1995, “I was aware that NSA monitored international calls, that it was a standard part of intelligence gathering. But to use it for domestic political purposes is absolutely outrageous and probably illegal.” Former senator Dennis DeConcini (R-AZ) says he worries about the NSA spying on US citizens: “It has always worried me. What if that is used on American citizens? It is chilling. Are they listening to my private conversations on my telephone?” (Poole 8/15/2000)

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

President Ronald Reagan issues Executive Order 12333, which directs the US intelligence community to provide foreign intelligence data to the White House. The order reads in part, “[A]gencies are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General.” It establishes rules of conduct for the intelligence agencies, and mandates a certain level of Congressional oversight. (Executive Order 12333 -- United States intelligence activities 4/5/2007) It also establishes the basis for what are later called “National Security Letters.” These NSLs, originally envisioned for use to compile information in hunts for foreign criminals and suspected terrorists, will later be used by the administration of George W. Bush to order US booksellers, librarians, employers, Internet providers, and others to turn over records and information they compile on US citizens, with strict adjuncts against allowing those targeted for surveillance to know about the NSLs and with virtually no government oversight (see October 25, 2005). (Gellman 11/6/2005) It does not, as some have later asserted, directly prohibit the assassination of targeted foreign subjects—i.e. terrorist suspects and even foreign leaders—though it does restrict the use of assassination by US government operatives to certain very restricted circumstances centered around critical aspects of national security. (Parks 11/2/1989 pdf file)

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

Margaret Thatcher.Margaret Thatcher. [Source: UK Parliament]British prime minister Margaret Thatcher, displeased with two of her ministers for challenging her on unidentified policy matters, requests that they be placed under electronic surveillance. Because it is illegal for British intelligence to monitor its own citizens, the operation is handed over to the CSE, Canada’s national security agency. (Johnson 1/19/2006; Janczewski and Colarik 2007, pp. 454) According to former CSE spy Mike Frost, who will publicly discuss the matter in 2000, Thatcher “had two ministers that she said ‘…weren’t onside.’” Thatcher, says Frost, “wanted to find out, not what these ministers were saying, but what they were thinking. So my boss, as a matter of fact, went to McDonald House in London and did intercept traffic from these two ministers.” Why CSE and not British intelligence? Because for the British to monitor their own government members would be illegal—so instead, they farm out such activities to their allies. “The British Parliament now have total deniability,” Frost says. “They didn’t do anything. They know nothing about it. Of course they didn’t do anything; we did it for them.” Frost will say there is no way to pin any blame or criminal charges on anyone in the British government. “The British Parliament now has total deniability,” Frost says. “They didn’t do anything… we did it for them.” (ZDNet 2/25/2000; Kroft 2/27/2000)

Strategic Defense Initiative logo.Strategic Defense Initiative logo. [Source: United States Missile Defense Agency]President Reagan announces his proposal for the Strategic Defense Initiative (SDI, later nicknamed “Star Wars”), originally conceived two years earlier (see 1981). SDI is envisioned as a wide-ranging missile defense system that, if it works, will protect the United States from nuclear attacks from the Soviet Union or other countries with ballistic missiles, essentially rendering nuclear weapons, in Reagan’s words, “impotent and obsolete.” Reagan says, “I call upon the scientific community in our country, those who gave us nuclear weapons, to turn their great talents now to the cause of mankind and world peace, to give us the means of rendering these nuclear weapons impotent and obsolete.” Soviet leader Yuri Andropov’s response is unprececented in its anger (see March 27, 1983); Soviet Ambassador Anatoly Dobrinyn says SDI will “open a new phase in the arms race.” (PBS 2000; Scoblic 2008, pp. 129)
US Hardliners 'Ecstatic' - Hardliners in and out of the Reagan administration are, in author J. Peter Scoblic’s characterization, “ecstatic, seeing SDI as the ultimate refutation of [the principle of] mutual assured destruction and therefore of the status quo, which left [the US] unable to seek victory over the Soviet Union.” The day after the speech, Senator Barry Goldwater (R-AZ) sends Reagan a one-sentence letter: “That was the best statement I have heard from any president.”
'Less Suicidal' Adjunct to First Strike - Scoblic will write that if SDI is implemented as envisioned, “[a]lthough the Soviets would still be able to inflict enough damage that a first strike by the United States would be suicidal, it would be ‘less suicidal’ to the extent that such a concept made sense, which some Reagan officials believed it did. In short, SDI was a better adjunct to a first strike than it was a standalone defense. That made it critically destabilizing, which is why missile defense had been outlawed by [earlier treaties] in the first place.” (Scoblic 2008, pp. 129-130)

The US announces that the Soviet Union has established a large early-warning radar system near the city of Krasnoyarsk. The installation violates the 1972 ABM Treaty (see May 26, 1972), which requires that such installations be located near the nation’s border and oriented outward. It is possible that the Soviet radar installation is built in response to the US’s recent decision to violate the ABM treaty by developing a missile defense system (see March 23, 1983). (Federation of American Scientists 1/15/2008)

US President Ronald Reagan publicly claims to end aid to the contras in accordance with a congressional ban. However his administration continues the support, leading to the Iran-Contra scandal. (BBC 6/5/2004; Columbia Encyclopedia. Sixth edition 2005)

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

National Security Adviser Robert McFarlane, speaking for the Reagan administration, proposes a new, “broad” interpretation of the US-Soviet Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972) on national television. McFarlane proposes that space-based and mobile systems and components based on “other physical principles,” i.e. lasers, particle beams, etc., should be developed and tested, but not deployed. (The traditional, “narrow” interpretation of the treaty is more restrictive.) Days later, President Reagan announces that while he and his administration support this “broad” interpretation, as a matter of national policy, the US’s Strategic Defense Initiative (see March 23, 1983) will continue to observe the more traditional interpretation. (Federation of American Scientists 1/15/2008)

Gorbachev and Reagan at the Reykjavik summit.Gorbachev and Reagan at the Reykjavik summit. [Source: Ronald Reagan Library]President Reagan and Soviet Premier Mikhail Gorbachev meet in Reykjavik, Iceland, for a second summit, to follow on the success of their first meeting almost a year before (see November 16-19, 1985). They base their discussion on Gorbachev’s January proposals of deep cuts in the two nations’ nuclear arsenals (see January 1986).
Elimination of All Nuclear Weapons by 1996 - Gorbachev and his negotiators begin by reiterating Gorbachev’s proposals for a 50 percent cut in all nuclear weapons, deep reductions in Soviet ICBMs, and the elimination of all European-based intermediate nuclear weapons. Reagan and his negotiators counter with a proposal for both sides to destroy half of their nuclear ballistic missiles in the next five years, and the rest to be destroyed over the next five, leaving both sides with large arsenals of cruise missiles and bomber-based weapons. Gorbachev ups the ante, proposing that all nuclear weapons be destroyed within 10 years. Reagan responds that it would be fine with him “if we eliminated all nuclear weapons,” implicitly including all tactical nuclear weapons in Europe and everywhere else. Gorbachev says, “We can do that,” and Secretary of State George Shultz says, “Let’s do it.”
Agreement Founders on SDI - The heady moment is lost when the two sides fail to reach an agreement on SDI—the Americans’ “Star Wars” missile defense system (see March 23, 1983). Gorbachev cannot accept any major reductions in nuclear weapons if the US has a viable missile defense system; Reagan is convinced that SDI would allow both sides to eliminate their nuclear weapons, and offers the SDI technology to the Soviets. Gorbachev finds Reagan’s offer naive, since there is no guarantee that future presidents would honor the deal. Reagan, in another example of his ignorance of the mechanics of the US nuclear program (see April 1981 and After), does not seem to realize that even a completely effective SDI program would not defend against Soviet cruise missiles and long-range bombers, and therefore would not end the threat of nuclear destruction for either side. Author J. Peter Scoblic will later write, “[SDI] would have convinced the Soviet Union that the United States sought a first-strike capability, since the Americans were so far ahead in cruise missile and stealth bomber technology.” Gorbachev does not ask that the US abandon SDI entirely, but simply observe the terms of the 1972 Anti-Ballistic Missile treaty (see May 26, 1972) and confine SDI research to the laboratory. Reagan refuses. Gorbachev says that if this is the US’s position, then they would have to “forget everything they discussed.” Foreign Minister Eduard Shevardnadze breaks in, saying that the two nations are “so close” to making history that “if future generations read the minutes of these meetings, and saw how close we had come but how we did not use these opportunities, they would never forgive us.” But the agreement is not to be.
Participants' Reactions - As Shultz later says, “Reykjavik was too bold for the world.” Shultz tells reporters that he is “deeply disappointed” in the results, and no longer sees “any prospect” for a third summit. Gorbachev tells reporters that Reagan’s insistence on retaining SDI had “frustrated and scuttled” the opportunity for an agreement. Gorbachev says he told Reagan that the two countries “were missing a historic chance. Never had our positions been so close together.” Reagan says as he is leaving Iceland that “though we put on the table the most far-reaching arms control proposal in history, the general secretary [Gorbachev] rejected it.” Scoblic will later write, “In the end, ironically, it was Reagan’s utopianism, hitched as it was to a missile shield, that preserved the status quo.” (Cannon 10/13/1986; Scoblic 2008, pp. 140-142)
Hardline Sabotage - One element that contributes to the failure of the negotiations is the efforts to undermine the talks by hardline advisers Richard Perle and Ken Adelman, who tell Reagan that confining SDI to research facilities would destroy the program. Perle and Adelman are lying, but Reagan, not knowing any better, believes them, and insists that SDI remain in development. (Scoblic 2008, pp. 143-144)
Going Too Far? - Reagan’s negotiators, even the most ardent proponents of nuclear reduction, are shocked that he almost agreed to give up the US’s entire nuclear arsenal—with Shultz’s encouragement. British Prime Minister Margaret Thatcher and French President Francois Mitterand are horrified at the prospect, given that NATO’s nuclear arsenal in Europe is the only real counterweight to the huge Red Army so close to the borders of Western European nations. (Scoblic 2008, pp. 140-142)
Failure of Trust - The US-Soviet talks may well have foundered on an inability of either side to trust the other one to the extent necessary to implement the agreements. During the talks, Soviet aide Gyorgy Arbatov tells US negotiator Paul Nitze that the proposals would require “an exceptional level of trust.” Therefore, Arbatov says, “we cannot accept your position.” (Savranskaya and Blanton 3/12/2008)

Strom Thurmond.Strom Thurmond. [Source: US Government]Former Lockheed software manager Margaret Newsham, who worked at the Menwith Hill facility of the NSA’s Echelon satellite surveillance operation in 1979, says she heard a real-time phone intercept of conversations involving senator Strom Thurmond (R-SC). She was shocked, she recalls, because she thought only foreign communications were being monitored. Newsham, who was fired from Lockheed after she filed a whistleblower lawsuit alleging fraud and waste, tells the chairman of the House Intelligence Committee, Louis Stokes (D-OH), of the overheard conversations. In July, Capital Hill staffers will leak the story to the Cleveland Plain Dealer. Thurmond says he doesn’t believe Newsham’s story, but his office admits that it has previously received reports that Thurmond had been a target of NSA surveillance. Thurmond will decline to press for an investigation, and the reason for the surveillance has never been revealed. (Kroft 2/27/2000; Poole 8/15/2000)

A lawsuit against the FBI’s investigation of a sixth-grade boy and his school project to create an “encyclopedia of the world” is stopped when an appeals court rules that the agency is shielded by the “state secrets” privilege (see March 9, 1953). Unable to secure information from the FBI as to why it investigated him, the child had therefore “failed to sustain his burden of proof [and] the cause of action was properly dismissed.” (Siegel 2008, pp. 197)

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

Russian President Boris Yeltsin proposes that the US and Russia engage in a “joint” global defense system that would supplant the US-only Strategic Defense Initiative (see March 23, 1983 and January 29, 1991). He says that Russia will continue to honor the US-Soviet Anti-Ballistic Missile Treaty (see May 26, 1972), and proposes that all existing anti-satellite (ASAT) programs be eliminated and banned. (Federation of American Scientists 1/15/2008)

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

President-elect Bill Clinton announces that his administration rejects the idea of a US-only space-based defense system (see March 23, 1983 and January 29, 1991) and would instead support the development of what he calls “a limited missile defense system within the strict framework” of the ABM Treaty (see May 26, 1972). He announces that his administration also supports the development and deployment of theater missile defense (TMD) systems “to protect our troops from short- and medium-range missiles.” (Federation of American Scientists 1/15/2008)

Mohammed Fazazi.Mohammed Fazazi. [Source: Heise.de]Radical Moroccan imam Mohammed Fazazi gives weekly sermons at the Al-Quds mosque in Hamburg, Germany, which is attended by key members of the 9/11 plot, including Mohamed Atta, Marwan Alshehhi, Ziad Jarrah, and Ramzi bin al-Shibh (see Early 1996 and (April 1, 1999)). The mosque first opens in 1993. Fazazi, who also makes videotapes that are watched by Islamist radicals throughout Europe, strongly believes that democracy and Western values must be rejected by Muslims living in the West, who should respect only their own Koranic laws. He often preaches that European countries are conducting a war against Islam and that “smiting the head of the infidels” is the duty of all Muslims, mandated by God. (Vidino 2006, pp. 225-6) In one videotaped sermon, he says, “The Jews and crusaders must have their throats slit.” (Finn 9/11/2002) In another sermon in early 2001, he will suggest that all non-Muslims in the world should be killed (see Early 2001). In the late 1990s, Fazazi, a Moroccan citizen, also starts preaching at a mosque in Morocco near where his family lives. But he will continue to preach at Al-Quds until late 2001 (see Mid-September-Late 2001). He is believed to be the spiritual leader of the Moroccan violent militant group Salafia Jihadia, and he will later be convicted in Morocco for his part in bombings in Casablanca (see May 16, 2003). (Vidino 2006, pp. 225-6)

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

The Clinton administration rejects the Reagan/Bush “broad interpretation” of the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972 and October 6-11, 1985) in favor of the narrow, “traditional” interpretation. A senior government official informs Congress that “it is the position of the Clinton administration that the ‘narrow,’ or ‘traditional,’ interpretation of the ABM Treaty is the correct interpretation and, therefore, that the ABM Treaty prohibits the development, testing, and deployment of sea-based, air-based, space-based, and mobile land-based ABM systems and components without regard to technology utilized.” (Federation of American Scientists 1/15/2008)

Yeltsin and Clinton share a laugh.Yeltsin and Clinton share a laugh. [Source: Associated Press / BBC]US President Bill Clinton and Russian President Boris Yeltsin issue a joint statement that they have “agreed on the fundamental importance of preserving the viability and integrity of the ABM Treaty” (see May 26, 1972). In the statement, Clinton and Yeltsin state: “Both sides have an interest in developing and fielding effective theater missile defense systems on a cooperative basis. The presidents agree that the two sides will conduct a joint exercise of theater missile defenses and early warning. This exercise would contribute to providing a basis for US and Russian forces to operate together, for example, in peacekeeping operations.” (Federation of American Scientists 1/15/2008)

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)

Said Chedadi.Said Chedadi. [Source: Agence France-Presse]Beginning in 1995, Barakat Yarkas, head of an al-Qaeda cell in Madrid, Spain, begins traveling frequently to Britain. Yarkas is being constantly monitored by Spanish intelligence (see 1995 and After) and they learn that his cell is raising money for the Islamist militants in Chechnya who are fighting the Russian army there. Yarkas and fellow cell member Said Chedadi solicit funds from Arab business owners in Madrid and then take the cash to radical imam Abu Qatada in London. Abu Qatada is coordinating fundraising efforts, and from June 1996 onwards, he is also working as an informant for British intelligence, although just how long and how closely he works for them is unclear (see June 1996-February 1997). (Irujo 2005, pp. 64-65) According to a later Spanish government indictment, Yarkas makes over 20 trips from Spain to Britain roughly between 1995 and 2000. He mostly meets with Qatada and Abu Walid, who an indictment will later call Abu Qatada’s right-hand man. From 1998 onwards, Spanish militant Jamal Zougam also travels occasionally to London to meet with Qatada. Investigators later suspect he travels with Yarkas on at least one of these trips. (Burrell 11/21/2001; Lazaro 7/8/2005) From 1996 to 1998, an informant named Omar Nasiri informs on Abu Qatada and Walid for British intelligence (see Summer 1996-August 1998). Nasiri sometimes passes phones messages between the both of them and al-Qaeda leader Abu Zubaida, and also reveals that Walid has been to al-Qaeda training camps in Afghanistan. (Nasiri 2006, pp. 265-282) Waild, a Saudi, apparently will be killed in Chechnya in 2004. (Cobain and O'Murchu 10/3/2006) In February 2001, British police will raid Abu Qatada’s house and find $250,000, including some marked “for the Mujaheddin in Chechnya” (see February 2001). However, he will not be arrested, and it is not clear if he and/or Yarkas continue raising money for Chechnya after the raid. Chedadi will later be sentenced to eight years and Zougam will get life in prison for roles in the 2004 Madrid train bombings (see October 31, 2007). (Agence France-Presse 1/26/2006)

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

President Clinton issues Executive Order 12949, which marginally extends the powers of the Justice Department to conduct warrantless surveillance of designated targets, specifically suspected foreign terrorists. Perhaps the most controversial aspect of the order comes in the first section, which reads, “Pursuant to section 302(a)(1) of the [Foreign Intelligence Surveillance] Act [FISA], the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.” (US President 2/9/1995) As with then-president Jimmy Carter’s own May 1979 order extending the Justice Department’s surveillance capabilities (see May 23, 1979), after George W. Bush’s warrantless domestic wiretapping program will be revealed in December 2005 (see December 15, 2005), many of that program’s defenders will point to Clinton’s order as “proof” that Clinton, too, exercised unconstitutionally broad powers in authorizing wiretaps and other surveillance of Americans. These defenders will point to the “physical search” clause in Clinton’s order to support their contention that, if anything, Clinton’s order was even more egregrious than anything Bush will order. This contention is false. (50 U.S.C. 1802(a); Think Progress 12/20/2005) Under FISA, the Attorney General must certify that any such physical search does not involve the premises, information, material, or property of a United States person.” That means US citizens or anyone inside the United States. Clinton’s order does not authorize warrantless surveillance or physical searches of US citizens. (US President 2/9/1995; Think Progress 12/20/2005)

US President Bill Clinton and Russian President Boris Yeltsin issue a joint statement announcing that they endorse a set of principles for negotiating the deployment of “theater missile defense” systems (TMD), designed for protection from intermediate-range ballistic missiles (IRBMs) and smaller “tactical” or “battlefield” nuclear weapons. TMD systems will not be designed and implemented in a manner that poses a serious threat to either side’s nuclear arsenals. They both agree that the 1972 ABM Treaty (see May 26, 1972) “does not apply to theater missile defense systems that may simply have a theoretical capability against some strategic missiles but which would not be militarily significant in the context of operational considerations.” They agree that “theater missile defense systems will not be deployed by the sides for use against each other,” and that “the scale of deployment—in number and geographic scope—of theater missile defense systems by either side will be consistent with theater missile defense programs confronting that side.” The two nations will develop their respective TMD systems “on a cooperative basis.” (Federation of American Scientists 1/15/2008)

In 1995, a Spanish intelligence agency begins monitoring Moutaz Almallah as it starts monitoring the al-Qaeda Madrid cell led by Barakat Yarkas (see 1995 and After). Almallah is considered Yarkas’s main assistant and also is the “political chief” of the cell. In 1998, Almallah and Yarkas were photographed at an airport in Spain meeting with Mohamed Bahaiah, known to be a courier for bin Laden. Judge Baltasar Garzon leads the investigation. (Escriva and Marraco 3/2/2005; BBC 3/24/2005) In November 1995, Spanish police officer Ayman Maussili Kalaji, a Spanish citizen originally from Syria, sells an apartment to Almallah. Kalaji will later admitting to having a long time acquaintance with Almallah. Kalaji has a suspicious background, including a connection to Soviet espionage, and at some point he serves as Garzon’s bodyguard (see May 16, 2005). (Mugica 8/22/2005) In November 2001, Garzon will arrest Yarkas and the main figures in his cell, but Almallah will not be arrested (see November 13, 2001). (Escriva and Marraco 3/2/2005) Almallah 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. In 2005, a police commissioner will request the arrest of police officer Kalaji, but a judge will deny the request (see May 16, 2005).

Spanish intelligence is monitoring an al-Qaeda cell in Madrid led by Barakat Yarkas (see 1995 and After). By late 1995, Spanish authorities discover the cell members are taking part in a variety of criminal acts, including credit card theft, stealing bank account numbers, and selling stolen cars. Some of the money raised is being used to send recruits to al-Qaeda training camps in Afghanistan. However, the authorities are content to merely watch this criminal activity and collect information. None of the cell members will be arrested until after 9/11, six years later. (Irujo 2005, pp. 23-40)

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

Rachid Ramda.Rachid Ramda. [Source: Public domain]The London Times publishes one of the first Western newspaper articles about Osama bin Laden. The article says, “A Saudi Arabian millionaire is suspected of channeling thousands of pounds to Islamic militants in London which may have bankrolled French terrorist bombings.” Bin Laden is referred to as “Oussama ibn-Laden.” It says that he sent money to Rachid Ramda, editor in chief of Al Ansar, the London-based newsletter for the radical Algerian militant group the GIA. However, government sources say that the money ostensibly for the newsletter was really used to fund a wave of militant attacks in France in 1995 (see July-October 1995). Ramda was arrested in London on November 4, 1995 at the request of the French government. (Macintyre and Tendler 1/5/1996) Two other people working as editors on the Al Ansar newsletter in 1995, Abu Qatada and Mustafa Setmarian Nasar, will later be found to be important al-Qaeda leaders (see June 1996-1997 and October 31, 2005). It will take ten years for Britain to extradite Ramda to France. He will be tried in France in 2005 and sentenced to life in prison for his role in the 1995 French attacks. (BBC 10/26/2007) Bin Laden may have met with Ramda while visiting Britain in 1994 (see 1994). It will later be revealed that the 1995 attacks in France were led by an Algerian government mole (see July-October 1995), and the GIA as a whole was run by a government mole (see October 27, 1994-July 16, 1996).

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).

The French intelligence service Direction Générale de la Sécurité Extérieure (DGSE) is aware that radical Muslims appear to be traveling through Turkey on their way to training in a third country, presumably Afghanistan. DGSE informer Omar Nasiri will later comment: “[T]he DGSE had noticed a lot of men were disappearing from France, men who were under surveillance. They would attend the radical mosques every day and then, suddenly, they were gone. They went to Turkey and disappeared. A few months later they would be back at the mosques in France, but no one knew where they had been in the meantime. The DGSE thought they were at the training camps.” (Nasiri 2006, pp. 96) Turkish intelligence is also aware militants transit Turkey at this time and informs German intelligence (see 1996). Several of the 9/11 hijackers will also transit Turkey (see Late November-Early December 1999).

The War Crimes Act (HR 3680) becomes Public Law No: 104-192. It prohibits Americans—top officials and soldiers alike—from committing “grave breaches” of the Geneva Conventions. It states: “Whoever, whether inside or outside the United States, commits a grave breach of the Geneva Conventions,” provided that the perpetrator or the victim is a member of the US military or a national of the US, “shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.” (Alter 11/5/2001)

Senior al-Qaeda operatives establish a front company called Maram in Istanbul, Turkey, as a travel agency and import-export business. Investigators will later say they suspect that the company may be involved in efforts to obtain material for nuclear weapons and that it provides money and other assistance to radicals traveling between Europe and training camps in Afghanistan. Turkish intelligence and several foreign agencies are aware that militants transit Turkey at this time and some of them are under surveillance (see 1996, 1995-2000, and Mid-1996), but it is unclear whether Maram itself is monitored. The company, which receives a donation of US$ 1.25 million from Saudi businessman Yassin al-Qadi (see January-August 1998), is established by Mamdouh Mahmud Salim, one of al-Qaeda’s founding members (see August 11-20, 1988), who is said to have a history of moving money and shopping for weapons for the organization. A few months later he transfers shares in the company to two other men. One is Wael Hamza Julaidan, a Saudi businessman also said to be a founder of al-Qaeda; the US will officially designate Julaidan a financial supporter of al-Qaeda in 2002 (see September 6, 2002). The other transferee is Mohammed Bayazid, another founder of al-Qaeda and a US citizen who was arrested in the US in 1994 and then let go (see December 16, 1994). (Frantz 9/19/2002) For a time before November 1998, toll records for the Illinois office of the Benevolence International Foundation (BIF) show telephone contact with a number in Turkey associated with Bayazid. Phone records indicate Bayazid moves to Turkey around April 1998. (USA v. Benevolence International Foundation and Enaam M. Arnaout 4/29/2002, pp. 16-17 pdf file) US intelligence has been interested in BIF’s ties to al-Qaeda since at least 1993 (see 1993 and 1998), but apparently misses its links to Maram while the company is still open. After Salim is arrested in Germany in 1998 (see September 16, 1998), the company clears out its offices. A neighbor says, “I just came one morning and saw the office was empty. Nobody knows what happen[ed].” (Frantz 9/19/2002)

A lieutenant general meets with Qwest CEO Joe Nacchio and Dean Wandry, who heads Qwest’s government business unit. According to documents filed in 2006 by Nacchio concerning his trial on insider trading charges (see October 12, 2007), the general “told Mr. Wandry that he ran the largest telecom operation in the world, he had looked at Qwest’s network, and he wanted to use it for government purposes.” The general in question could be NSA Director Kenneth Minihan, who will be replaced in 1999 by another lieutenant general, Michael Hayden, but neither Minihan nor Hayden will comment on the allegation. Many former intelligence officials will say that it is likely Minihan who met with Nacchio and Wandry. Nacchio’s court documents indicate that he and Wandry agree to work with the general. Nacchio is not allowed to announce the contract publicly, but according to the court documents, he “understood at the time this was the beginning of a relationship which had enormous potential for future work. This proves increasingly true as time went on.” By 1999 Qwest is working extensively with the NSA. Minihan is particularly concerned about the potential of “cyberwarfare” by foreign governments, terrorist organizations, drug cartels, and organized crime, a prospect which he felt the NSA is unprepared. He particularly worries about Russia and China; in June 1998, he will testify are training personnel in potential cyber-attacks. “These opportunists, enabled by the explosion of technology and the availability of inexpensive, secure means of communication, pose a significant threat to the interests of the United States and its allies,” Minihan will state. In 2007, a former senior NSA official will say that the agency felt those groups knew US privacy laws all too well and were capable of using those laws against the NSA and other intelligence agencies. He will say, “There was such a nuanced understanding of how to tie us in knots and use American law against us, that there were certainly pockets of people saying, ‘We’ve got to be assertive; we’ve got to be more aggressive on this.’” Hayden, Minihan’s successor, will be particularly willing to push agency operations to the edge of legality. After 9/11, Hayden will say, “We’re pretty aggressive within the law. As a professional, I’m troubled if I’m not using the full authority allowed by law.” (Harris 11/2/2007) The NSA will approach Qwest will a similar offer in the months before 9/11 (see February 2001).

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)

Thieves snatch a passport from a car driven by a US tourist in Barcelona, Spain, which later finds its way into the hands of would-be hijacker Ramzi Bin al-Shibh. Bin al-Shibh allegedly uses the name on the passport in the summer of 2001 as he wires money to pay flight school tuition for Zacarias Moussaoui in Oklahoma (see July 29, 2001-August 3, 2001). After 9/11, investigators will believe the movement of this passport shows connections between the 9/11 plotters in Germany and a support network in Spain, made up mostly by ethnic Syrians. “Investigators believe that the Syrians served as deep-cover mentors, recruiters, financiers and logistics providers for the hijackers—elite backup for an elite attack team.” (Rotella 1/14/2003) Mohamed Atta travels to Spain twice or three times in 2001 (see January 4-10, 2001, July 8-19, 2001, and September 5, 2001), perhaps to make contact with members of this Spanish support team.

Princess Diana at a mine field in Angola in 1997.Princess Diana at a mine field in Angola in 1997. [Source: Tim Graham / Corbis]The NSA admits that US intelligence agencies possess 1,056 pages of classified information regarding Britain’s Princess Diana. British tabloids portray the documents as rife with salacious information on Diana’s “most intimate love secrets” about her relationship with Egyptian billionaire Dodi al-Fayed, but the actual documentation may not be so lurid. The NSA recently denied a Freedom of Information request from the Internet news service APB Online about information it has collected on Diana, who died in a tragic car accident in 1997. (It is unclear whether US intelligence has any unreleased information about the circumstances of Diana’s death. (Sheheri and Sauter 11/30/1998; Loeb 12/12/1998) The NSA has denied monitoring Diana on the night of her death, an allegation raised by The Observer in 2006.) (MSNBC 12/11/2006) In the two-page letter denying the request, the NSA admits to possessing a “Diana file,” but refuses to divulge what is in that file. A US intelligence official says the information is made up of conversations between other people who mentioned Diana; the references to Diana in those intercepted conversations are “incidental.” The official says Diana was never a particular target of the NSA’s Echelon surveillance program. However, the NSA has classified 124 pages of the “Diana documents” as top secret “because their disclosure could reasonably be expected to cause exceptionally grave damage to the national security.” According to a recent report by the European Parliament, the NSA routinely monitors virtually “all e-mail, telephone and fax communications… within Europe” (see July 11, 2001). Intelligence expert Steven Aftergood of the Federation of American Scientists says “the US and our allies promiscuously collect electronic communications around the world. Whether the descriptions of Echelon are accurate or not, that much is definitely true.” Some believe that lurid snippets of information leaked to the British press regarding Diana’s affair with Fayed, and her ambivalent relationship with Prince Charles, may have come from Echelon wiretaps and surveillance. Another FAS scientist, John Pike, says the NSA and other US intelligence agencies may have been monitoring Diana to protect her from terrorist attacks. Pike says it is also possible she may have been monitored because of her involvement in banning land mines, a position opposed by the Pentagon. (Sheheri and Sauter 11/30/1998; Loeb 12/12/1998) Former NSA official Wayne Madsen will say in 2000, “[W]hen NSA extends the big drift net out there, it’s possible that they’re picking up more than just her conversations concerning land mines. What they do with that intelligence, who knows?” (Kroft 2/27/2000) In August 1999, the NSA will deny another Freedom of Information request about its “Diana file” from the British newspaper The Guardian. (Hencke and Evans 8/6/1999)

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

President Clinton signs the National Missile Defense Act of 1999 (NMDA), which states in its entirety, “It is the policy of the United States to deploy as soon as is technologically possible an effective National Missile Defense system capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).” The NMDA mandates that the US will deploy some sort of missile defense system (see March 23, 1983 and January 29, 1991), but Clinton will refuse to order the system’s deployment in 2000, in part because it has failed its tests and in part because to deploy the system would require the US to withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972), a move Clinton is unwilling to make. Clinton will acknowledge that the US makes its own national security decision, but will add, “We can never afford to overlook the fact that the actions and reactions of others in this increasingly interdependent world do bear on our security.” (US Senate 7/22/1999; White House 7/22/1999; Scoblic 2008, pp. 173-174)

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). (Gorham 1/29/2006)

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

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. (Golden and van Natta 3/17/2004; Townsend et al. 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. (Williams 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. (Bennetto 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).

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

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 (Kroft 2/27/2000) which exploded over Lockerbie, Scotland in 1988, killing 270 people. (Cody 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.” (Coulthart 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). (Kroft 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.” (Kroft 2/27/2000)

President Clinton considers building a radar facility as part of a proposed national missile defense system. Clinton’s legal advisers have told him that he could “interpret” the 1972 Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972) to allow such a facility, even though the treaty clearly prohibits any moves towards a missile defense system. Clinton later authorizes the construction of a radar facility in Alaska, but leaves the bulk of the decision-making to the next administration. (Agence France-Presse 6/21/2000; Savage 2007, pp. 67) Clinton’s successor, George W. Bush, will withdraw from the treaty entirely (see December 13, 2001).

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

Texas Governor George W. Bush, the Republican candidate for president, accepts his party’s nomination for president during the Republican National Convention in Philadelphia. During his speech, he declares his intent to move the United States away from observing “outdated” treaties such as the 1972 Anti-Ballistic Missile Treaty with Russia (see May 26, 1972). “Now is the time,” he says, “not to defend outdated treaties, but to defend the American people.” Less than a year after taking office, Bush will unilaterally withdraw the US from the treaty (see December 13, 2001). (Savage 2007, pp. 140)

Italian counterterrorist authorities monitor a summit of leading Islamist militants near Bologna. Attendees at the meeting, which is arranged through an extremist mosque in Milan called the Islamic Cultural Institute, include:
bullet Mahmoud Es Sayed, a close associate of al-Qaeda second in command Ayman al-Zawahiri (see Before Spring 2000). He had recently been sent by al-Zawahiri to revise the militant network in northern Italy (see Summer 2000).
bullet Abdulsalam Ali Abdulrahman, a section chief with Yemen’s Political Security Organization (PSO—roughly equivalent to the FBI). Es Sayed and Abdulrahman are overheard discussing an attack using aircraft on their way to the summit, indicating they have foreknowledge of 9/11 (see August 12, 2000). The two of them will be recorded a few months later discussing trying to get some of their associates into the US (see February 2001). In 2002, Abdulrahman will be arrested and sent to the US-run prison in Guantanamo, Cuba (see September 2002).
bullet Ayub Usama Saddiq Ali, an Islamic Jihad leader and another close associate of al-Zawahiri’s. Ali was convicted of murder in Egypt but fled to Germany and was granted political asylum there in 1999. Future 9/11 hijacker Ziad Jarrah called him once in 1999 and will call him again in August 2001 (see November 7, 1999 and August 4, 2001).
bullet Mohammed Fazazi, the spiritual leader of the Moroccan group Salafia Jihadia, which will be responsible for a 2003 attack in Casablanca (see May 16, 2003). Fazazi is also the imam at Hamburg’s Al-Quds mosque, which is attended by the core cell of future 9/11 hijacker pilots, including Jarrah (see Early 1996 and (April 1, 1999)). Fazazi’s presence indicates a further connection between the cell in Milan, which is under heavy surveillance by Italian authorities (see 2000), and the cell in Hamburg, but this link will not be exploited to prevent 9/11. (Vidino 2006, pp. 230)

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). (Rotella 4/14/2004; Fuchs 4/29/2004; Fuchs 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. (Johnson et al. 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).

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). (Leopold 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. (Lichtblau, Risen, and Shane 12/16/2007)

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. (Rotella 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)

Future 9/11 hijacker Mohamed Atta makes a short trip to Spain and Germany. On January 4, 2001, he flies from Miami, Florida, to Madrid, Spain. He has allegedly been in the US since June 3, 2000, learning to fly in Florida with fellow 9/11 hijacker Marwan Alshehhi. (Morgan, Kidwell, and Corral 9/22/2001) Spanish authorities will later say Atta meets Barakat Yarkas, head of a Spanish al-Qaeda cell, on the trip. After Yarkas is arrested in late 2001, an interview with him by a high court judge will indicate that “numerous lines to Sept. 11 principals passed through [him].” (Sennott 8/4/2002) Atta also makes a brief visit to Hamburg, Germany, at this time. One college student acquiantance of his, an Egyptian named Nader el-Abd, will later recall seeing Atta at this time. “I asked him where he had been,” el-Abd will say. “He said he was looking for somewhere to do his PhD.” (Fouda and Fielding 2003, pp. 133-134) Atta returns to the US on January 10 (see January 10, 2001). He will make a second trip to Spain in July of this year (see July 8-19, 2001).

Deputy National Security Advisor Stephen Hadley (R) and Deputy Secretary of Defense Paul Wolfowitz (L) speak to reporters in Moscow after taking part in negotiations with Russia regarding an anti-ballistic missile shield on May 11, 2001.Deputy National Security Advisor Stephen Hadley (R) and Deputy Secretary of Defense Paul Wolfowitz (L) speak to reporters in Moscow after taking part in negotiations with Russia regarding an anti-ballistic missile shield on May 11, 2001. [Source: Yuri Kochetkov/ Corbis]While still campaigning to become president, George W. Bush frequently argued the US should build an anti-ballistic missile shield (see October 12, 2000). After Bush is made president, the development of such a shield and getting out of the Anti-Ballistic Missile (ABM) Treaty the US has signed that would prevent such a shield, becomes the top US security priority (see May 26, 1972 and December 13, 2001). Senior officials and cabinet members make it their top agenda item in meetings with European allies, Russia, and China. Five Cabinet-level officials, including Condoleezza Rice, travel to Moscow to persuade Russia to abandon the ABM Treaty. Undersecretary of Defense Douglas Feith is there on September 10 to make the same case. (Cirincione 9/5/2004)
Ballistic Missiles 'Today's Most Urgent Threat' - In a major speech given on May 1, 2001, Bush calls the possible possession of missiles by rogue states “today’s most urgent threat.” (New York Times 5/2/2001) In a June 2001 meeting with European heads of state, Bush names missile defense as his top defense priority and terrorism is not mentioned at all (see June 13, 2001). It will later be reported that Rice was scheduled to give a major speech on 9/11, in which, according to the Washington Post, she planned “to promote missile defense as the cornerstone of a new national security strategy, and [made] no mention of al-Qaeda, Osama bin Laden, or Islamic extremist groups.” However, the speech will be cancelled due to the 9/11 attacks (see September 11, 2001). (Wright 4/1/2004)
Criticism and Controversy - Bush’s missile shield stance is highly controversial. For instance, in July 2001 a Guardian article is titled, “US Defies Global Fury Over Missile Shield.” (New York Times 5/2/2001) Domestic critics suggest the missile shield could start a new arms race and cost over $500 billion. (Ferraro 5/3/2001)
Diverting Attention from Terrorism - Some argue that Bush’s missile focus is diverting attention from terrorism. For instance, Sen. Carl Levin (D-MI) tells Defense Secretary Donald Rumsfeld at a June 2001 hearing that the US is spending too much money on missile defense and not “putting enough emphasis on countering the most likely threats to our national security… like terrorist attacks.” (Cirincione 9/5/2004) On September 5, 2001, New York Times columnist Maureen Dowd writes: “And why can George W. Bush think of nothing but a missile shield? Our president is caught in the grip of an obsession worthy of literature” and notes that “sophisticated antimissile interceptors can’t stop primitive, wobbly missiles from rogue nations, much less germ warfare from terrorists.” (Dowd 9/5/2001) On September 10, 2001, Sen. Joseph Biden (D-DE) warns that if the US spends billions on missile defense, “we will have diverted all that money to address the least likely threat, while the real threats come into this country in the hold of ship, or the belly of a plane.” In 2004, a San Francisco Chronicle editorial will suggest that if the Bush administration had focused less on the missile shield and had “devoted more attention, more focus and more resources to the terrorist threat, the events of Sept. 11 might have been prevented.” (Cirincione 9/5/2004)

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. (Harris 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. (Greenwald 10/15/2007)

Joseph Nacchio.Joseph Nacchio. [Source: publicity photo via Business Week]Qwest CEO Joe Nacchio meets with NSA officials in Fort Meade, Maryland, to discuss two topics of mutual interest: a $100 million infrastructure upgrade that Qwest, one of the US’s largest telecommunications firms, can perform for the agency, and another topic that remains classified. (The meeting will be revealed in heavily redacted court documents released six years later—see October 12, 2007). Observers believe the discussion is about the NSA’s warrantless wiretapping program of US citizens, which the government will conceal for years (see December 15, 2005), and which the Bush administration will insist did not come about until after the 9/11 attacks (see December 17, 2005). Nacchio meets with NSA officials to discuss the agency’s “Groundbreaker” project (see February 2001), which the NSA will later claim is merely a modernization and upgrade of its technological infrastructure. A June 2006 lawsuit against AT&T over that firm’s cooperation with the NSA alleges that “Groundbreaker” is part of a secret domestic surveillance operation. According to the court documents, Nacchio and the NSA are unable to agree on an unrevealed topic of discussion; after that disagreement, the NSA will withdraw its “Groundbreaker” contract from consideration for Qwest. Nacchio, according to the documents, believes that the unrevealed topic of discussion involves illegal and inappropriate actions. He asks the agency officials whether “a warrant or other legal process had been secured.” The NSA officials, according to the documents, have a “disinclination on the part of the authorities to use any legal process,” leading Nacchio to conclude that “the requests violated the privacy requirements of the Telecommunications Act.” When Nacchio refuses to cooperate with the NSA, the agency withdraws its offer of the “Groundbreaker” contract. (Juliano 10/12/2007; Marketwatch 10/13/2007) James F.X. Payne, the former chief of Qwest’s government business unit, will later tell investigators, “There was a feeling also that the NSA acted as agents for other government agencies.” (Harris 11/2/2007) In 2007, the New York Times will reveal that Qwest refuses to give the NSA access to its most localized communications switches, carrying largely domestic phone calls. The arrangement would have permitted neighborhood-by-neighborhood surveillance of phone traffic without a court order. (Lichtblau, Risen, and Shane 12/16/2007) The NSA has more success with other companies—and has enjoyed a long and fruitful relationship with Qwest as well (see February 2001).

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.” (Leopold 1/17/2006)

Neoconservative journalist Lawrence Kaplan argues that the US must withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972) and immediately begin development of a new missile defense system (see March 23, 1983 and January 29, 1991). “[M]issile defense is about preserving America’s ability to wield power abroad,” Kaplan writes. “It’s not about defense. It’s about offense. And that’s exactly why we need it.” (Scoblic 2008, pp. 176)

CIA case officer Valerie Plame Wilson (see 1997), returning to duty from maternity leave and now going by her married name, is one of two officers assigned to the Iraq desk of the counterproliferation division (CPD). Plame Wilson’s job involves extensive covert operational responsibility. She supervises and coordinates NOCs (nonofficial covered officers) in several areas of the globe, helping plan and execute operations to recruit Iraqi nationals as CIA assets, focusing on graduate students, scientists, and businessmen, hoping to find information about Iraq’s secretive quest for unconventional weapons parts and technologies. Shortly after the 9/11 attacks, Plame Wilson is made the chief of operations of the Iraq branch of CPD. That branch is renamed the “Joint Task Force on Iraq,” or JTFI. (Wilson 2007, pp. 365-366)

One of the approximately 30 radomes at the Echelon station in Menwith Hill, England. A radome covers an antenna to protect it from the weather and disguise the direction it is pointing.One of the approximately 30 radomes at the Echelon station in Menwith Hill, England. A radome covers an antenna to protect it from the weather and disguise the direction it is pointing. [Source: Matt Crypto / Public domain]The BBC reports on advances in electronic surveillance. The US’s global surveillance program, Echelon, has become particularly effective in monitoring mobile phones, recording millions of calls simultaneously and checking them against a powerful search engine designed to pick out key words that might represent a security threat. Laser microphones can pick up conversations from up to a kilometer away by monitoring window vibrations. If a bug is attached to a computer keyboard, it is possible to monitor exactly what is being keyed in, because every key on a computer has a unique sound when depressed. (BBC 4/4/2001) Furthermore, a BBC report on a European Union committee investigation into Echelon one month later notes that the surveillance network can sift through up to 90 percent of all Internet traffic, as well as monitor phone conversations, mobile phone calls, fax transmissions, net browsing history, satellite transmissions and so on. Even encryption may not help much. The BBC suggests that “it is likely that the intelligence agencies can crack open most commercially available encryption software.” (BBC 5/29/2001)

President Bush gives a speech at the National Defense University outlining what he calls a “new strategic framework” for the nation’s strategic defense policy. “This afternoon, I want us to think back some 30 years to a far different time in a far different world,” he tells his listeners. “The United States and the Soviet Union were locked in a hostile rivalry.… Our deep differences were expressed in a dangerous military confrontation that resulted in thousands of nuclear weapons pointed at each other on hair-trigger alert. Security of both the United States and the Soviet Union was based on a grim premise: that neither side would fire nuclear weapons at each other, because doing so would mean the end of both nations.” Bush is referring to the concept of “mutual assured destruction,” or MAD, which has driven the policies of the US and the former Soviet Union since the 1950s. “We even went so far as to codify this relationship in a 1972 ABM [Anti-Ballistic Missile] Treaty (see May 26, 1972), based on the doctrine that our very survival would best be insured by leaving both sides completely open and vulnerable to nuclear attack,” he says.
A Different Threat - Times have now changed: “Today, the sun comes up on a vastly different world.… Today’s Russia is not yesterday’s Soviet Union.… Yet, this is still a dangerous world, a less certain, a less predictable one. More nations have nuclear weapons and still more have nuclear aspirations. Many have chemical and biological weapons. Some already have developed… ballistic missile technology.… And a number of these countries are spreading these technologies around the world. Most troubling of all, the list of these countries includes some of the world’s least-responsible states. Unlike the Cold War, today’s most urgent threat stems not from thousands of ballistic missiles in the Soviet hands, but from a small number of missiles in the hands of these states, states for whom terror and blackmail are a way of life.” Bush cites the example of Iraq’s Saddam Hussein, who, he says, could have forced a very different outcome to the 1991 Gulf War (see January 16, 1991 and After) had he “been able to blackmail with nuclear weapons.” Hussein is an exemplar of today’s hate-driven dictators, Bush asserts: “Like Saddam Hussein, some of today’s tyrants are gripped by an implacable hatred of the United States of America. They hate our friends, they hate our values, they hate democracy and freedom and individual liberty. Many care little for the lives of their own people. In such a world, Cold War deterrence is no longer enough.”
ABM Treaty Now a Hindrance to US Security - “To maintain peace, to protect our own citizens and our own allies and friends, we must seek security based on more than the grim premise that we can destroy those who seek to destroy us,” Bush says. “Today’s world requires a new policy, a broad strategy of active non-proliferation, counter proliferation and defenses.… We need new concepts of deterrence that rely on both offensive and defensive forces. Deterrence can no longer be based solely on the threat of nuclear retaliation.… We need a new framework that allows us to build missile defenses to counter the different threats of today’s world. To do so, we must move beyond the constraints of the 30-year-old ABM Treaty. This treaty does not recognize the present, or point us to the future. It enshrines the past. No treaty that prevents us from addressing today’s threats, that prohibits us from pursuing promising technology to defend ourselves, our friends and our allies is in our interests or in the interests of world peace.… We can, and will, change the size, the composition, the character of our nuclear forces in a way that reflects the reality that the Cold War is over.” Bush is heralding his intention of withdrawing from the 1972 ABM Treaty (see December 13, 2001). Bush says of the treaty: “We should leave behind the constraints of an ABM Treaty that perpetuates a relationship based on distrust and mutual vulnerability. This Treaty ignores the fundamental breakthroughs in technology during the last 30 years. It prohibits us from exploring all options for defending against the threats that face us, our allies and other countries. That’s why we should work together to replace this Treaty with a new framework that reflects a clear and clean break from the past, and especially from the adversarial legacy of the Cold War.” (Bush 5/1/2001; CNN 5/1/2001; Scoblic 2008, pp. 171-172)
An Old Response to a New Threat - Author J. Peter Scoblic later calls Bush’s rationale “disingenuous.” He explains: “Conservatives had wanted to field missile defenses ever since the Soviet Union had developed ICBMs.… But somewhat paradoxically, following the collapse of the Soviet Union—and with it the likelihood of of a missile attack—conservative calls for missile defense increased” (see September 27, 1994). (Scoblic 2008, pp. 171-172) Joseph Cirincione of the Carnegie Endowment for International Peace calls Bush’s proposal “tragically mistaken.” (PBS 5/1/2001) Senator John Kerry (D-MA), an outspoken opponent of Bush’s foreign policies, says: “This is essentially a satisfy-your-base, political announcement. It serves no other purpose.” (Sanger 5/1/2001)

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

A warrant is issued for the arrest of Mohamed Atta in the state of Florida. On April 26, Atta had been stopped in a random inspection near Fort Lauderdale, Florida, and given a citation for having no driver’s license (see April 26, 2001). He failed to show up for his May 28 court hearing, resulting in the arrest warrant. After this, Atta will fly all over the US using his real name, and even flies to Spain and back in July (see July 8-19, 2001), but is never stopped or questioned. The police apparently never try to find him. (Wall Street Journal 10/16/2001; Australian Broadcasting Corporation 11/12/2001) Atta will be stopped for speeding in July, but apparently his arrest warrant will not have been added to the police database by then (see July 5, 2001). Three other future 9/11 hijackers are also stopped for speeding in the US (see April 1, 2001, August 1, 2001, and September 9, 2001). Curiously, on the day of 9/11, a woman claiming to be Atta’s wife will go to a Florida courthouse and attempt to clear this from Atta’s record, but Atta does not have a wife (see September 11, 2001).

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

According to a statement later made by 9/11 plot facilitator Ramzi bin al-Shibh under interrogation, at this time he is to courier operational details that are too sensitive to trust to telephone or e-mail to 9/11 hijacker Mohamed Atta. He arranges a meeting with Atta in Kuala Lumpur, Malaysia, and travels there on a genuine Saudi passport in the name of Hasan Ali al-Assiri. While in Kuala Lumpur, bin al-Shibh applies for a Yemeni passport, but Atta does not show up and bin al-Shibh travels to Bangkok. Atta fails to come to Bangkok as well and bin al-Shibh then flies to Amsterdam and travels to Hamburg by train. In Hamburg he purchases a plane ticket to Spain, where he finally meets Atta (see July 8-19, 2001). (9/11 Commission 8/21/2004, pp. 5 pdf file) However, the reliability of such statements by detainees is questioned due to the methods used to extract them (see June 16, 2004). Another of the hijackers, Khalid Almihdhar, is in Malaysia around this time, but it is not clear whether he and bin al-Shibh meet (see June 2001).

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.” (Leopold 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. (Ensor 3/31/2001)

The movements of John O’Neill, the FBI manager responsible for tracking Osama bin Laden, appear to mirror those of the 9/11 hijackers and their associates while they are in Spain. Associates of the hijackers gather in Granada, in southern Spain, at the beginning of July (see July 6, 2001 and Shortly After). O’Neill arrives in Spain with some friends on July 5 and stays in Marbella until at least July 8. For at least part of the time in Marbella he is accompanied by Mark Rossini, an FBI agent currently detailed to Alec Station, the CIA’s bin Laden unit, who translates for O’Neill in Spain and whose friend lets O’Neill use his beach house. (Weiss 2003, pp. 340-2; Wright 2006, pp. 316-7, 344-5) (Note: Marbella and Granada are both in the southern Spanish province of Andalusia, but are about 120 miles apart.) Lead hijacker Mohamed Atta then arrives in Madrid on July 8, leaving on July 9. (9/11 Commission 7/24/2004, pp. 244) O’Neill and Rossini arrive in Madrid on July 9 and O’Neill gives a speech to the Spanish Police Foundation there on July 10. (O'Neill 7/10/2001; Weiss 2003, pp. 340-2) After leaving Madrid, Atta travels to Catalonia, where he meets Ramzi bin al-Shibh and possibly other associates (see July 8-19, 2001). The authors of The Cell, one of whom—John Miller—was a close friend of O’Neill’s, will say O’Neill also visits the same part of Catalonia to make a speech at some point on his trip to Spain (note: it is unclear whether this is just a garbled account of his speech in Madrid, or whether he made two speeches). They will also say that he and Atta even stay at the same hotel, the Casablanca Playa in the small town of Salou, but at different times. (Miller, Stone, and Mitchell 2002, pp. 289-90, 293) O’Neill leaves Spain on July 16, so he and his girlfriend Valerie James would probably be in the Salou area at around the same time as Atta, bin al-Shibh, and their associates. (Weiss 2003, pp. 340-2) The overlap between the 9/11 operatives on the one hand and O’Neill and Rossini on the other is usually ignored in media accounts, but the episode in Salou is mentioned in The Cell, which indicates it is a mere coincidence. (Miller, Stone, and Mitchell 2002, pp. 289-90)

At the same time as Mohamed Atta and one of his associates, Ramzi bin al-Shibh, meet in the north of Spain to finalize the details of the 9/11 plot (see July 8-19, 2001), other al-Qaeda operatives hold a parallel meeting in Granada, in the south of the country. Spanish authorities are monitoring some of these operatives, at least, and overhear their discussions. On July 6, the Spanish intercept a call from Mamoun Darkazanli, an associate of Atta’s from Germany, to Barakat Yarkas, head of an al-Qaeda affiliate in Spain, in which Darkazanli says that he has arrived in Granada. Yarkas tells Darkazanli that he has arrived in the city on July 10. They are joined by Al Jazeera reporter Tayseer Allouni and possibly Mohammed Haydar Zammar, a relative of Allouni’s wife and associate of Atta and Darkazanli from Germany. The Spanish later overhear a conversation in which Yarkas discusses Zammar’s movements at this time. Spanish authorities will later doubt that these four operatives actually meet Atta and bin al-Shibh in Spain, but will suspect a connection between the two meetings, especially as Yarkas seems to have made preparations for the other meeting (see Before July 8, 2001). (Rotella 1/14/2003; Miles 2005, pp. 305-313)

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. (Olmedo 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)). (Frantz 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. (Olmedo 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. (Johnson and Crawford 4/7/2004; Shrader 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. (Johnson et al. 3/19/2004) Calls possibly related to the meeting’s organization were overheard (see Before July 8, 2001). (Rotella 4/14/2004; Rotella 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. (Shrader 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. (Dillon 11/20/2001; Rotella 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). (Rotella 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). (Dillon 11/20/2001; Rotella 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).

Ramzi bin al-Shibh.Ramzi bin al-Shibh. [Source: US Department of State]German authorities notify their Spanish counterparts of a trip by Ramzi bin al-Shibh to Spain, where he meets an associate, lead 9/11 hijacker Mohamed Atta (see July 8-19, 2001). Presumably, the notification is before or soon after the trip, but the original news report merely says, “Despite the fact that the German authorities informed Spain of Ramzi’s trip, the meeting in which the 11 September attacks were finalized was not detected.” Several of bin al-Shibh’s German associates are known to have been under surveillance around this time (see 1996, November 1, 1998-February 2001, and May 22, 2000), and, if the article if correct, this indicates that bin al-Shibh’s movements are also being monitored by German intelligence. Spanish authorities are monitoring some operatives who may interact with Atta and bin al-Shibh in Spain (see Before July 8, 2001 and July 8-19, 2001), but the Spanish apparently do not conduct surveillance of the two men. (BBC Worldwide Monitoring 12/2/2004)

Glyn Ford.Glyn Ford. [Source: British Labour Party]The European Parliament releases its final report on its findings about the secretive US surveillance program known as Echelon. The report, two years in the making, exhaustively details many of Echelon’s surveillance capabilities, and lists many of Echelon’s surveillance stations around the world. One of the more interesting sections of the report concerns its apparent use on behalf of US corporations. According to the report, Echelon—operated by the NSA as a highly classified surveillance program ostensibly for tracking terrorist threats and activities by nations hostile to the West—is also being used for corporate and industrial espionage, with information from the program being turned over to US corporations for their financial advantage. The report gives several instances of Echelon’s use by corporations. One is the use of Echelon to “lift… all the faxes and phone calls” between the European aircraft manufacturer Airbus and Saudi Arabian Airlines; that information was used by two American companies, Boeing and McDonnell Douglas, to outflank Airbus and win a $6 billion contract. The report also alleges that the French company Thomson-CSF lost a $1.3 billion satellite deal to Raytheon the same way. Glyn Ford, the MP who commissioned the report, says he doesn’t have a problem with Echelon itself, but in the way it is being used. “Now, you know, if we’re catching the bad guys, we’re completely in favor of that… What we’re concerned about is that some of the good guys in my constituency don’t have jobs because US corporations got an inside track on—on some global deal.” (Bamford 11/14/1999; Kroft 2/27/2000; Asser 7/6/2000; European Parliament 7/11/2001) In 1977, the US government began providing Echelon-based intelligence to US corporations (see 1977). In April 2001, New Zealand journalist Nicky Hager testified about Echelon’s use by US allies for corporate and economic purposes (see April 2001), and former CIA director James Woolsey confirmed that US surveillance programs were used to benefit US corporations (see March 2000).

Near the end of his visit to Spain in July 2001 (see July 8-19, 2001), future 9/11 hijacker Mohamed Atta sends a cell phone text message to three friends in Hamburg, Germany. The message reads: “Salam (greetings). This is for you, Abbas, and Mounir. Hasn’t the time come to fear God’s word. Allah. I love you all. Amir.” The message is sent to Said Bahaji, so he is the “you.” “Mounir” is Mounir El Motassadeq. “Abbas” is Abbas Tahir, a Sudanese friend of Ziad Jarrah’s who author Terry McDermott says is one of the Hamburg group. Atta signs the message “Amir” because he is generally known as Mohamed el-Amir in Germany. The information about this message will come from the BKA (German intelligence). It will be unknown if the BKA finds the message before or after 9/11. (McDermott 2005, pp. xi, 225, 303, 328)

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

Ayub Usama Saddiq Ali.Ayub Usama Saddiq Ali. [Source: Marco Stepniak / Bild]Future 9/11 hijacker Ziad Jarrah telephones Ayub Usama Saddiq Ali, an imam and an Islamic Jihad leader wanted for murder in Egypt. No details about the call are known except that it lasts 13 minutes. Jarrah also called Ali in November 1999 (see November 7, 1999). Ali was convicted of murder in Egypt in 1996, but he fled to Muenster, Germany, and received political asylum there in October 1999. Also in October 1999, Ali was on a published list of the Egyptian government’s most wanted terrorists (see October 2, 1999), and he is said to be a close associate of al-Qaeda second in command Ayman al-Zawahiri. Jarrah’s two phone calls to Ali will be mentioned in a classified 2002 FBI report about the 9/11 hijackers, but it is unclear how or when the FBI learns about the calls. (Federal Bureau of Investigation 1/11/2002; Vidino 2006, pp. 230; Engelberg and Brekenkamp 3/10/2011)
Ali Attended a Monitored Terror Summit in Italy - On August 12, 2000, Ali attended a terrorist summit in Bologna, Italy, that lasted for several days and was monitored by the Italian government (see August 12, 2000 and Shortly After). Also attending the summit were Mahmoud Es Sayed, another close associate of al-Zawahiri (see Before Spring 2000) and Yemeni government official Abdulsalam Ali Abdulrahman. On their way to the summit, Es Sayed and Abdulrahman were overheard discussing an attack using aircraft, indicating they have some level of foreknowledge of the 9/11 attacks (see August 12, 2000). Also attending the summit was Mohammed Fazazi, the imam of the Al-Quds mosque in Hamburg, Germany, that Jarrah and other members of the al-Qaeda Hamburg cell regularly attend (see Early 1996 and (April 1, 1999)). Fazazi will be convicted of a role in a bombing in Casablanca, Morocco, in 2003 (see May 16, 2003). The summit was organized by the Islamic Cultural Institute, which is the epicenter of an al-Qaeda cell in Milan, Italy, that was heavily monitored by the Italian government at the time (see 2000). (Vidino 2006, pp. 230) It is not known if the Italian government warned the German government of Ali’s presence at this summit, or if Ali was monitored by anyone in Germany after it.
Asylum Status Later Stripped - Beginning in 2007, the German government will attempt to strip Ali of his asylum status because of his link to Islamic Jihad. He will lose that status in 2011, but is not subsequently deported from Germany. (Deutsche Presse-Agentur (Hamburg) 3/9/2011; Engelberg and Brekenkamp 3/10/2011)

Mohamed Atta stayed at the Las Vegas Econolodge.Mohamed Atta stayed at the Las Vegas Econolodge. [Source: Chris Farina/Corbis]The lead hijackers meet in Las Vegas for a summit a few weeks before 9/11. Investigators will believe that this is the “most crucial planning in the United States,” but will not understand why the hijackers choose Vegas, since they are all living on the East Coast at this time (see March 2001-September 1, 2001 and August 6-September 9, 2001). One senior official will speculate, “Perhaps they figured it would be easy to blend in.” (van Natta, and Zernike 11/4/2001) At least three of the plot leaders are in Las Vegas at this time. Hani Hanjour and Nawaf Alhazmi fly from Dulles Airport to Los Angeles on an American Airlines Boeing 757, the same sort of plane they hijack on 9/11, and then continue to Las Vegas. Mohamed Atta also flies to Las Vegas from Washington National Airport. This is his second trip to Vegas, which was also previously visited by some of the other hijackers (see May 24-August 14, 2001). A few weeks earlier, Atta had traveled to Spain, possibly with some of the other hijackers, to finalize the plans for the attack with their associate Ramzi bin al-Shibh (see July 8-19, 2001). (US District Court for the Eastern District of Virginia, Alexandria Division 7/31/2006, pp. 1, 17, 21 pdf file; US District Court for the Eastern District of Virginia, Alexandria Division 7/31/2006, pp. 57-8 pdf file) Alhazmi will later be recalled by a hotel employee, who will say she ran into him at the Days Inn. According to her later account, he is “cold and abrupt,” in Vegas on “important business,” and will soon be traveling to Los Angeles. He asks for a list of Days Inns in Los Angeles, but does not want a reservation to be made. He also claims to be from Florida, although he is only thought to have spent a week there (see June 19-25, 2001). (Puit and Kalil 10/26/2001) A close associate of the hijackers, Ramzi bin al-Shibh, will later say in a 2002 interview that Ziad Jarrah, Marwan Alshehhi, and Khalid Almihdhar are also present in Vegas at this time. (Fouda and Fielding 2003, pp. 137) Newsweek calls Vegas an “odd location” and comments: “They stayed in cheap hotels on a dreary stretch of the Strip frequented by dope dealers and $10 street hookers. Perhaps they wished to be fortified for their mission by visiting a shrine to American decadence. Or maybe they just wanted a city that was easy to reach by air from their various cells in Florida, New Jersey and San Diego.” (Thomas 10/15/2001)

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. (Johnson and Crawford 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).

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

Said Bahaji at his 1999 wedding.Said Bahaji at his 1999 wedding. [Source: Public domain]Members of Mohamed Atta’s Hamburg al-Qaeda cell leave Germany for Pakistan. Said Bahaji flies out of Hamburg on September 3, 2001, using his real name. (Crewdson, Swanson, and Simpson 2/25/2003) German intelligence already has Bahaji under surveillance, and German border guards are under orders to report if he leaves the country, yet the border guards fail to note his departure (see September 3, 2001). (Schrom and Laabs 2/2/2003) German agents later discover two other passengers on the same flight traveling with false passports who stay in the same room with Bahaji when they arrive in Karachi, Pakistan. (McDermott 9/1/2002) Investigators now believe his flight companions were Ismail Bin Murabit (a.k.a. Ismail Ben Mrabete) and Labed Ahmed (a.k.a. Ahmed Taleb), both Algerians in their late 40s. Three more associates—Mohammed Belfatmi, an Algerian extremist from the Tarragona region of Spain, and the brothers Mohammad Sarwar Joia and Patrick Joia—also travel on the same plane. (Crewdson, Swanson, and Simpson 2/25/2003; Crewdson, Swanson, and Simpson 2/25/2003) Ramzi bin al-Shibh flies out of Germany on September 5 and stays in Spain a few days before presumably heading for Pakistan (see September 5, 2001). (McDermott 9/1/2002) Some of these men are reported to meet in Karachi around this time, possibly with others (see September 4-5, 2001).

Several al-Qaeda operatives connected to the 9/11 plot appear to have a meeting in Karachi, possibly to finalize details related to the plot. Some of the operatives arrive from Germany, via Istanbul, by plane (see September 3-5, 2001). They include Said Bahaji, an associate of the hijackers, Afghan brothers Mohammad Sarwar Joya and Patrick Joya, an Algerian named Mohammed Belfatmi who also just arrived on the same Istanbul to Karachi leg of the flight as the others. Belfatmi is said to have had a role in arranging a meeting in Spain between 9/11 hijacker Mohamed Atta and would-be hijacker Ramzi bin al-Shibh (see July 8-19, 2001). Men known as Abdellah Hosayni and Ammar Moul are also on the flight from Germany. However, these last two apparently are traveling under false identities, and it will later be reported that they are really Ismail Bin Murabit (a.k.a. Ismail Ben Mrabete) and Labed Ahmed (a.k.a. Ahmed Taleb). An informer later says both Murabit and Ahmed attended the same al-Qaeda training camp as Bahaji. All five of these men - Bahaji, Murabit, Ahmed, the Joya brothers, and Belfatmi - stay in the same hotel once they arrive in Karachi. (Behar 10/30/2001; MacVicar 10/31/2001; Crewdson, Swanson, and Simpson 2/25/2003) Ahmed is suspected by German investigators of having a “major role” in preparations for 9/11. (MacVicar 10/31/2001) A Pakistani newspaper will say that, “It was, in all probability, a meeting to tie up loose ends before the countdown to the attack.” (John 8/7/2003) Khalid Shaikh Mohammed and Hambali are in Karachi at this time, although it is unclear whether they meet with Bahaji and the others (see Early September 2001). The Joya brothers, who are apparently under surveillance by German police around this time, return to Istanbul on October 5 and 16. In Germany in late October, Patrick Joya will even talk to a reporter and admit recently traveling to Pakistan. (Behar 10/30/2001; MacVicar 10/31/2001; Crewdson, Swanson, and Simpson 2/25/2003) What happens to the Joya brothers after this time is unclear. Ahmed will later be arrested in the same raid that nabs al-Qaeda leader Abu Zubaida, and he will be sent to the US-run Guantanamo prison (see March 28, 2002).

According to a later report by Agence France-Presse, Spanish prosecutor Pedro Rubira says that 9/11 hijacker Mohamed Atta is in Madrid, Spain, on this day. (Agence France Presse 6/1/2005) He previously met co-conspirator Ramzi bin al-Shibh in Spain in July (see July 8-19, 2001) and bin al-Shibh is in Madrid at this time (see September 5, 2001). (MSNBC 12/11/2001; McDermott 2005, pp. 230) However, there are no other known reports of Atta being in Madrid in September 2001. For example, no such trip is mentioned in the 9/11 Commission report (although the Agence France-Presse article comes one year after the 9/11 Commission’s report). (9/11 Commission 7/24/2004)

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

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

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