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Context of 'November 13, 2007: CIA Claims It Accidentally Lied to Moussaoui Court and Lawyers about Interrogation Videotapes'

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Future 9/11 hijackers Mohamed Atta, Marwan Alshehhi, and Waleed Alshehri are seen flying small aircraft at an airport in Oklahoma, and Zacarias Moussaoui is there at the same time. This is according to a 2002 FBI document about the 9/11 attacks. The document notes that “several employees” at Million Air, located at Wiley Post Airport in Bethany, Oklahoma, see Atta, Alshehhi, and Alshehri on the same Beechcraft Duchess aircraft at the same time. Furthermore, Moussaoui is seen there in the same timeframe, although the FBI report will not mention if Moussaoui is ever seen with the other three. The employees cannot give exact dates when these people are seen, but all the visits are in the six months leading up to 9/11 and two visits are said to take place after August 4, 2001. [Federal Bureau of Investigation, 4/19/2002]
Other Local Connections - Moussaoui takes flying lessons in Norman, Oklahoma, which is about 30 miles away from Bethany, from February to June 2001. Apparently he stays there most of the time until early August (see February 23-June 2001). Atta and Alshehhi visited the flight school in Norman in July 2000 (see July 2-3, 2000). A motel owner will later claim that around August 1, 2001, he saw Moussaoui, Atta, and Alshehhi together at his motel. The location of the motel is not specified, except that it is about 28 miles from Norman and off Highway 40, which runs about five miles south of Bethany (see August 1, 2001). [LA Weekly, 8/2/2002]
Why No Mention in Moussaoui Trial? - Several years after 9/11, US officials will charge Moussaoui with a role in the 9/11 attacks. Strangely, these sightings in Oklahoma will never be mentioned in the trial, even though almost no evidence is put forward in the trial physically linking Moussaoui to any of the 9/11 hijackers in the US (see May 3, 2006).

Entity Tags: Marwan Alshehhi, Federal Bureau of Investigation, Mohamed Atta, Waleed Alshehri, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Immediately after learning of Zacarias Moussaoui’s suspicious behavior, Minneapolis FBI agent Harry Samit, one of the agents who arrests Moussaoui (see August 16, 2001), suspects he is preparing to hijack an airliner. He writes to a colleague, “That’s pretty ominous and obviously suggests some sort of hijacking plan.” [St. Paul Pioneer Press, 4/4/2006] Interviews with Moussaoui after his arrest will reinforce the Minneapolis FBI’s suspicions that he is involved in a wider terrorist plot against airliners (see August 16-17, 2001). And after interviewing Moussaoui’s associate Hussein al-Attas as well (see August 16, 2001), Samit is unequivocally “convinced… a hundred percent that Moussaoui [is] a bad actor, [is] probably a professional mujaheddin and this [is] not a joyride, that he [is] completely bent on the use of this aircraft for destructive purposes.” [US Department of Justice, 11/2004, pp. 114-5, 120-2 pdf file] In the main initial memo from Samit to other FBI units, Samit describes Moussaoui as “extremely evasive” and “extremely agitated.” Samit also writes that Moussaoui appeared to by lying when he denied he had weapons training. Samit says, “Minneapolis believes that Moussaoui is an Islamic extremist preparing for some future act in furtherance of radical fundamentalist goals.” Samit expresses his belief Moussaoui is planning something with a 747-400. He is aware Moussaoui’s plan probably involves co-conspirators and writes “Moussaoui, al-Attas, and others yet unknown are conspiring to commit violations of [Federal anti-terrorism statutes],” and “there is reason to believe that Moussaoui and al-Attas are part of a larger international radical fundamentalist group.” Samit even suspects Moussaoui of two of the offenses he will eventually be charged with and plead guilty to (see April 22, 2005). The e-mail accompanying the main memo concludes, “[p]lease let me know a soon as [the Department] gives the go-ahead. We’re all counting on you!” [US Department of Justice, 11/2004, pp. 120-2 pdf file; Minneapolis Star Tribune, 6/4/2006]

Entity Tags: Zacarias Moussaoui, FBI Headquarters, Harry Samit, Hussein al-Attas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI spokesman Rex Tomb says that it will take time for criminal proceedings to commence against the people thought to be responsible for 9/11: “There’s going to be a considerable amount of time before anyone associated with the attacks is actually charged.” He continues, “To be charged with a crime, this means we have found evidence to confirm our suspicions, and a prosecutor has said we will pursue this case in court.” In mid-August 2007 Zacarias Moussaoui will be the only person charged in connection with 9/11 in the US, being sentenced to life in prison in spring 2006 (see May 3, 2006), but it is unclear if he was involved in the 9/11 plot or a planned follow up plot (see January 30, 2003). Osama bin Laden will not be charged in connection with his alleged participation (see June 6, 2006 and August 28, 2006). [Wired News, 9/27/2001]

Entity Tags: Rex Tomb, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A Washington Post article hints at the US government’s use rendition and torture. It refers to four suspects out of the hundreds arrested in the US—Zacarias Moussaoui, Nabil al-Marabh, Ayub Ali Khan, and Mohammed Azmath—who may actually have links to al-Qaeda (see October 20, 2001). The article quotes an “experienced FBI agent involved in the investigation,” who says: “We are known for humanitarian treatment, so basically we are stuck.… Usually there is some incentive, some angle to play, what you can do for them. But it could get to that spot where we could go to pressure… where we won’t have a choice, and we are probably getting there.” The article goes on to mention: “Among the alternative strategies under discussion are using drugs or pressure tactics, such as those employed occasionally by Israeli interrogators, to extract information. Another idea is extraditing the suspects to allied countries where security services sometimes employ threats to family members or resort to torture.” [Washington Post, 10/21/2001] Although it is little known in the US at the time, the CIA has already been renditioning suspects to countries known for practicing torture (see September 23, 2001), and has made arrangements with NATO countries to increase the number of such renditions (see October 4, 2001). Azmath and Khan will later be cleared of al-Qaeda ties and released (see October 20, 2001). Al-Marabh will be deported to Syria under mysterious circumstances and rearrested by the Syrian government (see Spring 2004). Moussaoui will be sentenced to life in prison in the US (see May 3, 2006).

Entity Tags: Mohammed Azmath, Federal Bureau of Investigation, Nabil al-Marabh, Syed Gul Mohammad Shah, Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The CIA videotapes interrogations of high-value al-Qaeda detainees. The interrogations of at least two detainees are taped. One of the detainees is Abu Zubaida, who helped run a training camp in Afghanistan (see March 28, 2002 and Mid-May 2002 and After). [Central Intelligence Agency, 12/6/2007] Another is Abd al-Rahim al-Nashiri, chief of al-Qaeda operations in the Arabian peninsula (see Early October 2002 and (November 2002)). [New York Times, 12/8/2007] The tapes run to a “couple hundred hours,” and mostly show 24 hour a day coverage of Zubaida in his cell. However, some portions show aggressive interrogations, including waterboarding. According to one source, full transcripts are not made, although summaries are drafted and sent back to CIA headquarters. [Fox News, 12/13/2007; Washington Post, 12/18/2007] Another source says the opposite, “A detailed written transcript of the tapes’ contents—apparently including references to interrogation techniques—was subsequently made by the CIA.” [Newsweek, 12/11/2007] However, after tapes of Zubaida and al-Nashiri’s interrogations are destroyed in 2005 (see November 2005), some tapes are still in existence (see September 19 and October 18, 2007), suggesting that either not all tapes of their interrogations are destroyed, or that one or more other detainees are videotaped. Another detainee whose interrogations may be taped is Ramzi bin al-Shibh, because he is the most important remaining al-Qaeda leader who is captured during this time period (see June 13-September 25, 2000 and September 11, 2002). In addition, at least one audio recording is also made. [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file] According to a statement by CIA Director Michael Hayden, the interrogations are recorded because “new” procedures are used during the interrogations and the tapes are “meant chiefly as an additional, internal check on the program in its early stages.” The videotaping apparently ends in 2002. [Central Intelligence Agency, 12/6/2007] Another reason for the videotaping is said to be Abu Zubaida’s poor medical condition - he was shot several times during the operation to capture him. An intelligence official will later say, “There were concerns that there be a record of his medical treatment and condition in the event that he died.” [CBS News, 12/13/2007] However, there are various allegations these detainees are tortured (see Mid-May 2002 and After, June 16, 2004, Shortly After September 6, 2006, and March 10-April 15, 2007). Some of the tapes are destroyed in 2005 (see November 2005) and there will be a media and political outcry when this is revealed in 2007 (see December 6, 2007).

Entity Tags: Abd al-Rahim al-Nashiri, Michael Hayden, Ramzi bin al-Shibh, Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Jose Rodriguez.Jose Rodriguez. [Source: CIA]Jose Rodriguez, formerly chief of the CIA’s Latin American division, is appointed head of its rapidly expanding Counterterrorist Center. The appointment surprises some, as Latin America is not at the heart of global counterterrorism efforts and Rodriguez, who cannot speak Arabic, has no experience in the Middle East. In addition, Rodriguez was removed from his position in 1997, after he tried to get the government of the Dominican Republic to drop charges against a person described as a “friend,” and was criticized by the CIA Office of Inspector General for showing a “remarkable lack of judgment” over the affair. [International Herald Tribune, 12/8/2007] CIA officer Gary Berntsen, who served under Rodriguez as a station chief in an unnamed South American country, will be critical of him in a 2005 book. When Berntsen, an officer with a wealth of counterterrorism experience, took up his position in South America following the bombing of the USS Cole in October 2000, Rodriguez greeted him “by saying that he had heard about my successful record of conducting counterterrorism operations, but that would not, repeat not, be my primary mission as a Chief of Station in South America. He stated categorically that he wanted me to conduct normal foreign intelligence collection against traditional targets and no, repeat no, counterterrorism. I was stunned. Had this man been living in a cave the last two years?” Berntsen was also surprised when, after 9/11, he received a message from CIA headquarters asking for volunteers to fight terrorism, and then a message from Rodriguez ordering all Latin American station chiefs not to volunteer. Berntsen will comment: “I didn’t understand… he was ordering me and other highly skilled officers in Latin America not to step forward? Had this guy taken leave of his senses? In a time of national tragedy was he still thinking of how to protect his Division?” [Berntsen and Pezzullo, 2005, pp. 69, 71] Rodriguez’s identity is supposedly secret until the summer of 2007, shortly before he retires from the agency. [Associated Press, 8/8/2007] Rodriguez will be put in charge of the Directorate of Operations in 2004, but will become involved in a scandal over the destruction of videotapes of detainee interrogations (see November 2005 and December 6, 2007). [International Herald Tribune, 12/8/2007]

Entity Tags: Gary Berntsen, Central Intelligence Agency, Counterterrorist Center, Jose Rodriguez, Jr.

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The government reveals in a closed-door court hearing that recent interrogations of top al-Qaeda prisoners indicate that Zacarias Moussaoui may have been part of a plot to hijack a fifth plane on the day of 9/11, perhaps with the White House as its target. This is in contrast to the government’s original accusation that Moussaoui was to be the “20th hijacker” on Flight 93. Because Moussaoui does not have a security clearance, he cannot see the classified evidence against him, but he later learns of this “fifth-jet theory” while reading a transcript of the hearing that was not thoroughly redacted. [CNN, 8/8/2003; Time, 10/19/2003] At Moussaoui’s 2006 trial (see March 6-May 4, 2006), the prosecution will support the fifth jet theory—which Moussaoui both admits (see March 27, 2006) and denies (see April 22, 2005)—arguing that he engaged in parallel conduct with the hijackers (see February 23-August 16, 2001) and was supported by the same people (see July 29, 2001-August 3, 2001 and June 13-September 25, 2000). The theory is also supported by the hearsay of what one of the hijackers reportedly told a relative. In February 2001, Khalid Almihdhar told a cousin that Osama bin Laden was planning to launch five attacks against the US (see Late October 2000-July 4, 2001). But during interrogations, some captured al-Qaeda leaders will reportedly insist that Moussaoui was only a back-up (see November 20, 2002), while others will claim that he was part of a follow-up operation (see Before 2008).

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The first details of the interrogation of alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) are leaked to the press and appear in the Washington Post. At least some of the information appears to come from a report on KSM’s interrogation drafted four days ago. According to the Post article, KSM claims that Zacarias Moussaoui, an al-Qaeda operative arrested in the US in August 2001 (see August 16, 2001), was not part of the 9/11 plot and was scheduled for a follow-up attack. He also says that Moussaoui was helped by Jemaah Islamiyah leader Hambali and Yazid Sufaat, one of Hambali’s associates. KSM reportedly says Sufaat attempted to develop biological weapons for al-Qaeda, but failed because he could not obtain a strain of anthrax that could be dispersed as a weapon. This information appears to be based on a CIA report of KSM’s interrogation drafted on March 24, which discussed KSM’s knowledge of Moussaoui’s stay in Malaysia, where he met both Hambali and Sufaat (see March 24, 2003). The Post notes that if KSM’s claim about Moussaoui were true, this could complicate the prosecution of Moussaoui. For example, it quotes former prosecutor Andrew McBride saying that “on the death penalty, it is quite helpful to Moussaoui.” [Washington Post, 3/28/2003] During the Moussaoui trial, the statement about Moussaoui’s non-involvement in the 9/11 operation will be submitted to the jury as a part of a substitution for testimony by KSM. [US District Court for the Eastern District of Virginia, 7/31/2006 pdf file] Moussaoui will escape the death penalty by one vote (see May 3, 2006). During this month, KSM is in CIA custody and is waterboarded 183 times over five days (see After March 7, 2003 and April 18, 2009). The claim about Moussaoui is not the full truth, as a communications intercept between KSM and his associate Ramzi bin al-Shibh in July 2001 showed that KSM was considering Moussaoui for the 9/11 plot (see July 20, 2001).

Entity Tags: Andrew McBride, Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

Kean (left) and Hamilton (right) of the 9/11 Commission.Kean (left) and Hamilton (right) of the 9/11 Commission. [Source: Doug Mills / New York Times]The 9/11 Commission does not receive video or audio recordings of interrogations of detainees thought to know something about the 9/11 plot (see Spring-Late 2002), even though it is unhappy with the amount and quality of information it is getting from detainees (see Summer 2003) and has a series of meetings with CIA officials to improve access (see November 5, 2003-January 2004). The CIA will indicate that the Commission never asks for the tapes, saying it “went to great lengths to meet the requests of the 9/11 Commission,” and that one of the reasons that the tapes are not destroyed until after the Commission releases its final report in 2004 is so that it could have the tapes, if it so desires. [New York Times, 12/8/2007] However, when the tapes’ destruction is revealed in late 2007 (see November 2005 and December 6, 2007), former 9/11 Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will dispute this, saying that in hours of negotiations and discussions with the CIA and written requests they make it clear they want all material connected to the interrogations of the relevant detainees. [International Herald Tribune, 12/8/2007] Kean will say, “They knew what they had and they didn’t give it to us.” [ABC News, 12/7/2007] Hamilton will say, “The CIA certainly knew of our interest in getting all the information we could on the detainees, and they never indicated to us there were any videotapes… Did they obstruct our inquiry? The answer is clearly yes. Whether that amounts to a crime, others will have to judge.” [International Herald Tribune, 12/8/2007]

Entity Tags: Thomas Kean, Central Intelligence Agency, Lee Hamilton, 9/11 Commission

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Entity Tags: Zacarias Moussaoui, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

By November 2005, when the CIA destroys videotapes of the interrogations of al-Qaeda leaders Abu Zubaida and Abd al-Rahim al-Nashiri (see November 2005), there are numerous reasons to not destroy them, some of them possibly legal requirements. [New York Times, 12/8/2007]
bullet In February 2003, Porter Goss, chairman of the House Intelligence Committee in 2003, Congressperson Jane Harman, the top Democrat on the committee, requested that the videotapes be preserved (see February 2003).
bullet Beginning in 2003 and continuing through 2005, White House officials, including White House deputy chief of staff Harriet Miers, requested that the videotapes be preserved (see Between 2003-Late 2005).
bullet In 2003, Justice Department lawyers also advised the CIA to preserve the videotapes (see 2003).
bullet Beginning in 2003, lawyers in the Zacarias Moussaoui trial have requested access to evidence of interrogations of al-Qaeda leaders like Zubaida. The CIA twice misinformed the judge in the trial about the existence of the videotapes (see May 7-9, 2003 and November 3-14, 2005). The trial will not be concluded until mid-2006 (see May 3, 2006).
bullet In September 2004, a judge rules the CIA has to preserve all records about the treatment of detainees overseas, as part of a lawsuit filed by the American Civil Liberties Union. The videotapes of Zubaida and al-Nashiri would clearly qualify, since both are held overseas (see September 15, 2004).
bullet Beginning in May 2005, Sen. Jay Rockefeller of the Senate Intelligence Committee asked the CIA to preserve over 100 documents about the CIA interrogation program. One of the documents requested is a report about the videotapes of interrogations and their possible illegality (see May-September 2005).
bullet In June and July 2005, two judges ordered the CIA to preserve all evidence relevant to detainees being held in Guantanamo prison. The interrogation videotapes are indirectly relevant because the cases of some detainees hinge on their alleged ties to Zubaida (see June-July 2005).
bullet In the summer of 2005, Director of National Intelligence John Negroponte met with CIA Director Porter Goss and “strongly advised” him not to allow the videotapes to be destroyed (see Summer 2005).
bullet The videotapes are also needed for a trial of Jose Padilla, who is indicted in November 2005 (see November 22, 2005).
An unnamed official familiar with the case will comment, “Everybody from the top on down told them not to do it and still they went ahead and did it anyway.” [Los Angeles Times, 12/9/2007] Despite this, many later reports will indicate that the National Clandestine Service (NCS), the CIA unit that takes the decision to destroy the tapes, believes the advice about their destruction is ambiguous. NCS head Jose Rodriguez will be said to feel he never gets a straight answer to the question of whether the tapes should be destroyed, despite extensive correspondence about the issue at the CIA. [Newsweek, 12/11/2007; Newsweek, 12/24/2007] A former intelligence official will say, “They never told us, ‘Hell, no.’ If somebody had said, ‘You cannot destroy them,’ we would not have destroyed them.” [New York Times, 12/11/2007]

Entity Tags: Central Intelligence Agency, Jose Rodriguez, Jr., Abd al-Rahim al-Nashiri, Abu Zubaida, National Clandestine Service

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

On November 3, 2005, Leonie Brinkema, the judge in the Zacarias Moussaoui trial, asks the CIA about recordings of interrogations of detainees who are related to the Moussaoui case. Eleven days later, the CIA again incorrectly claims to prosecutors in that trial that it has no such recordings. The CIA made a similar claim in 2003 (see May 7-9, 2003), but in fact the CIA secretly videotaped detainee interrogations in 2002 (see Spring-Late 2002). Some of these videotapes are destroyed this month (see November 2005), however it is unknown if the destruction takes place before or after this date. In late 2007, the CIA will reveal that it did have some videotapes after all and prosecutors will finally be able to view some of them (see September 19 and October 18, 2007). But it will also be revealed that most of the videotapes were destroyed (see December 6, 2007). Prosecutors will later claim that neither the video nor the audio recordings contained material relevant to the Moussaoui trial, and some of the content of the interrogations was provided during discovery. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007]

Entity Tags: Leonie Brinkema, Zacarias Moussaoui, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline, Civil Liberties

The Justice Department files in US District Court in Alexandria a list of 89 questions for potential jurors in the forthcoming death penalty trial of al-Qaeda conspirator Zacarias Moussaoui. Months earlier Moussaoui pleaded guilty to all terrorism charges against him, but promised to fight the death penalty (See April 22, 2005). The Justice Department’s questions include requests for very specific biographical information, and queries about whether the individual socializes with people of Arab descent. They also cover such things as their religious beliefs and practices, and their views about Islam, the US government, and the death penalty. According to legal experts, the level of detail is extraordinary and indicates the high stakes of the prosecution. [Associated Press, 11/28/2005; Washington Post, 11/29/2005] Two days later, lawyers representing Moussaoui submit an even more extensive list to the trial judge, with 306 questions. These include asking potential jurors about their personal response to the 9/11 attacks, and their opinions of other high-profile FBI investigations such as Waco and Ruby Ridge. A sixth of the questions probe their attitudes to the death penalty. There are also questions about their work history over the previous 15 years, and whether they have ever worked for the government or a government contractor. [Associated Press, 11/30/2005; CNN, 12/1/2005] The jury selection process will involve 500 potential jurors being summoned to the Alexandria courthouse on February 6, 2006 to fill in questionnaires, then returning starting a week later to be questioned by the judge. The process is expected to take a month, which is far longer than most cases at the Alexandria courthouse. [Associated Press, 12/29/2005; Washington Post, 12/29/2005] Moussaoui’s trial will commence on March 6, 2006, and two months later he will be sentenced to life imprisonment for his role in the 9/11 attacks. [Guardian, 3/7/2006; BBC, 5/4/2006]

Entity Tags: US Department of Justice, Zacarias Moussaoui, US District Court Eastern District of Virginia

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Following the destruction of videotapes made by the CIA showing the interrogation of al-Qaeda detainees (see Spring-Late 2002 and November 2005), the CIA’s Office of General Counsel conducts a review of the circumstances of destruction, as well as any other investigations and preservation obligations at the time the tapes were destroyed. Although the review’s conclusions are not known, the existence of the review is made public in a Justice Department letter obtained by the Associated Press after news of the tapes’ destruction breaks in 2007 (see December 6, 2007). [Associated Press, 12/8/2007] There is no indication that any action is taken against Jose Rodriguez, who will later be said to be the CIA officer responsible for the tapes’ destruction (see After November 2005).

Entity Tags: Office of General Counsel (CIA), Central Intelligence Agency, John Rizzo

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Zacarias Moussaoui.Zacarias Moussaoui. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui becomes the first and only person charged in direct connection with the 9/11 attacks to stand trial in the US. [Associated Press, 3/17/2006] He was preparing to hijack an aircraft and fly it into a target when he was arrested 26 days before 9/11 (see August 16, 2001 and April 22, 2005). Although there has been disagreement whether Moussaoui was to take part in the actual attack of 9/11 or a follow-up plot (see January 30, 2003), the prosecution alleges that Moussaoui had information related to the attacks (see August 16, 2001) and facilitated them by lying and not disclosing everything he knew to the FBI. He is charged with six counts, including conspiracy to commit acts of terrorism and conspiracy to commit aircraft piracy. [US District Court for the Eastern District of Virginia, Alexandria Division, 12/11/2001 pdf file] The trial receives much media coverage and the highlights include the playing of United 93’s cockpit recorder (see April 12, 2006), a row over a government lawyer coaching witnesses (see March 13, 2006), and testimony by FBI agent Harry Samit (see March 9 and 20, 2006), former FBI assistant director Michael Rolince (see March 21, 2006), and Moussaoui himself (see March 27, 2006). Moussaoui is forced to wear a stun belt, controlled by one of the marshalls, under his jumpsuit. The belt is to be used if Moussaoui lunges at a trial participant. [New York Times, 4/17/2006] He has already pleaded guilty (see April 22, 2005) and the trial is divided into two phases; in the first phase the jury decides that Moussaoui is eligible for the death penalty, but in the second phase it fails to achieve unanimity on whether Moussaoui should be executed (see May 3, 2006). [Associated Press, 4/3/2006; New York Times, 4/17/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11.Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11. [Source: Mirrorpix(.com)]Against the will of his defense attorneys, Zacarias Moussaoui takes the stand at his trial (see March 6-May 4, 2006) and claims that he was supposed to fly a fifth plane on 9/11. He says the plane would have targeted the White House and one of the muscle hijackers would have been shoe-bomber Richard Reid (see December 22, 2001). However, he claims not to have known the details of the other hijackings, only that the WTC would be hit. He does not mention any other collaborators aside from Reid, who has already been sentenced to a long prison term. When the prosecution asks him whether he lied to FBI investigators so the plan could go forward he replies, “That’s correct.” An Associated Press expert calls this, “a stunning revelation that would help prosecutors rather than him.” [Associated Press, 3/27/2006] In what the New York Times calls a “bizarre moment,” the defense team, aware of the damage this admission could do, subject Moussaoui to tough questioning and the chief prosecutor objects that one of the defense attorneys is badgering his own client. [New York Times, 4/17/2006]
Uncertainty over Fifth Jet - There is some dispute over whether Moussaoui was indeed to have flown a fifth plane (see January 30, 2003 and Before 2008). Following the testimony, the defense reads statements made by al-Qaeda leaders who are in custody, but are not permitted to testify at the trial (see May 14, 2003 and March 22, 2005). The statements say that Moussaoui was not part of 9/11, but a follow-up operation. [Associated Press, 3/28/2006; US District Court for the Eastern District of Virginia, 7/31/2006 pdf file] However, these statements were obtained using torture (see June 16, 2004). The government later concedes that there is no evidence linking Richard Reid to 9/11. [Associated Press, 4/20/2006]
"Complete Fabrication" - Moussaoui had denied being part of 9/11 before the trial (see April 22, 2005). By the end of the trial he will do so again, calling the confession he makes on this day “a complete fabrication.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui, Richard C. Reid

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui on his way to the Supermax prison.Zacarias Moussaoui on his way to the Supermax prison. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui is sentenced to life in prison for his role in the 9/11 attacks. A jury sentences him to six consecutive life terms without the possibility of parole. A single juror votes against the death penalty for one of the three counts for which Moussaoui is eligible to receive the death sentence (see March 6-May 4, 2006). For the other two counts, the vote is 10-2. According to the foreman of the jury, the lone dissenter did not identify his or herself to the other jurors during deliberations and consequently they could not discuss the person’s reasons for opposing the death penalty. “But there was no yelling. It was as if a heavy cloud of doom had fallen over the deliberation room, and many of us realized that all our beliefs and our conclusions were being vetoed by one person,” the foreman explains to the Washington Post. “We tried to discuss the pros and cons. But I would have to say that most of the arguments we heard around the deliberation table were [in favor of the death penalty]… Our sense was this was a done deal for that person and whoever that person is, they were consistent from the first day and their point of view didn’t change.” [Washington Post, 5/12/2006] As a result of the vote, Moussaoui will not be executed and instead will serve six life sentences at the Supermax prison in Florence, Colorado. A day after the sentencing, on May 5, Moussaoui files a motion to withdraw his guilty plea. He says that his March 27 testimony that he was supposed to have hijacked a fifth plane on September 11 and fly it into the White House “was a complete fabrication.” At sentencing the judge told him, “You do not have a right to appeal your convictions, as was explained to you when you plead guilty. You waived that right.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

In mid-September 2007, the CIA informs the prosecution team from the 2006 Zacarias Moussaoui trial that it has one video recordings of a high-ranking detainee interrogation. The CIA had previously claimed it had no video recordings of any interrogations when in fact it did (see May 7-9, 2003 and November 3-14, 2005). The CIA then initiates a review and unearths another video and an audio recording several days later. The prosecutors will subsequently inform the judge, but say that the error did not influence the outcome of the trial, as Moussaoui pleaded guilty, but the death penalty was not imposed. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007] Lawyers who prosecuted Zacarias Moussaoui view these two videotapes and listen to the one audiotape. The names of the one to three detainees who were recorded are not known. [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file] However, they were enemy combatants that could not testify at the trial, and substitutions for testimony were submitted in the trial on behalf of five enemy combatants: Khalid Shaikh Mohammed, Mustafa Ahmed al-Hawsawi, Khallad bin Attash, Hambali, and Mohamed al-Khatani. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007] Shortly after this, the CIA discloses that it had destroyed some similar videotapes in 2005 (see November 2005 and December 6, 2007). Apparently this indicates some videotapes have survived the destruction.

Entity Tags: Central Intelligence Agency, Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

The CIA “erroneously” misled the court and the lawyers involved in the ongoing prosecution of 9/11 suspect Zacarias Moussaoui (see April 22, 2005), it admits in a letter released today. In court declarations on May 9, 2003 and on November 14, 2005, the CIA stated it had no recordings of interrogations of “enemy combatants.” Now it admits it had two video tapes and one audio tape. Moussaoui’s lawyers want the tapes as part of his defense. The federal prosecutors say they just recently learned of the tapes, but they have been assured by the CIA that the tapes have no bearing on Moussaoui’s case, and no one on the tapes mentions either Moussaoui or the 9/11 plot. The prosecutors assert that, while the CIA errors are “unfortunate,” no harm was done to Moussaoui, who pled guilty and is serving a life sentence for his complicity in the attacks (see May 3, 2006). The letter, which has been heavily censored for public consumption, reads in part, “We bring the errors to the court’s attention… as part of our obligation of candor to the court.… The government will promptly apprise the court of any further developments.” [Reuters, 11/13/2007]

Entity Tags: Central Intelligence Agency, Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

In a statement released by CIA Director Michael Hayden, the CIA admits that it has destroyed videotapes of interrogations of two detainees, Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002 and November 2005). [Central Intelligence Agency, 12/6/2007] The statement is apparently released to preempt a New York Times article on the verge of publication that would have revealed the destruction. [Washington Post, 12/7/2007] The fact that the CIA had videoed detainee interrogations was made public a few weeks previously (see November 13, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file] According to several former intelligence officials, there is concern that the tapes could have set off controversies about the legality of the interrogations and generated a backlash in the Middle East. [New York Times, 12/8/2007] Numerous political figures condemn the destruction in strong terms. For example, Senator Edward Kennedy (D-MA) says, “We haven’t seen anything like this since the 18½-minute gap in the tapes of President Richard Nixon,” and, “What would cause the CIA to take this action? The answer is obvious—coverup.” Senator Richard Durbin (D-IL) says, “What is at stake here goes to the heart of the rule of law and justice in America.” Human rights activists are also angry, and an Amnesty International spokesman says, “It falls into a pattern of measures that have been taken that obstruct accountability for human rights violations.” [CBS News, 12/7/2007; ABC News, 12/7/2007] Both the Justice Department and the CIA’s Inspector General initiate preliminary inquiries. The House and Senate intelligence committees also start investigations. [Los Angeles Times, 12/9/2007]

Entity Tags: Edward M. (“Ted”) Kennedy, Richard (“Dick”) Durbin, Senate Intelligence Committee, Central Intelligence Agency, Michael Hayden, Amnesty International

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

Chairman of the Senate Intelligence Committee Jay Rockefeller (D-WV) says that he did not know about the destruction of CIA videos of detainee interrogations (see November 2005 and December 6, 2007). [US Congress, 12/7/2007] This contradicts a statement by CIA Director Michael Hayden saying that, “Our oversight committees also have been told that the videos were, in fact, destroyed.” [Central Intelligence Agency, 12/6/2007] The CIA says that the committee was informed of the destruction in November 2006, but, “A review of the November 2006 hearing transcript finds no mention of tapes being destroyed.” [US Congress, 12/7/2007] The House Intelligence Committee was apparently informed in March 2007. [CBS News, 12/7/2007] However, the committee will say to Hayden that, “The notification came in the form of an offhand comment you made in response to a question,” and, “We do not consider this to be sufficient notification.” [US Congress, 12/7/2007] There is also a dispute over what happened when the committees were first informed of the videos’ existence. Hayden says, “The leaders of our oversight committees in Congress were informed of the videos years ago and of the Agency’s intention to dispose of the material.” [Central Intelligence Agency, 12/6/2007] Some political leaders were informed of the tapes in 2003, but urged that they not be destroyed (see November 2005).

Entity Tags: Senate Intelligence Committee, Michael Hayden, House Intelligence Committee, John D. Rockefeller, Central Intelligence Agency

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

President George Bush says he was unaware that the CIA had videotaped detainee interrogations. The CIA had videotaped some interrogations in 2002 (see Spring-Late 2002), but the tapes were destroyed in late 2005 (see November 2005), and this was disclosed five days previously (see December 6, 2007). Bush says, “My first recollection of whether the tapes existed or whether they were destroyed was when [CIA Director] Michael Hayden briefed me.” [ABC News, 12/11/2007] Bush took an interest in information coming from one of the detainees who was videotaped, Abu Zubaida (see Late March 2002), and normally a president would be informed about activities like the detainee interrogations. However, there appears to have been a long-standing deliberate policy of keeping Bush out of the loop regarding aggressive interrogation methods to protect him from any adverse consequences that might arise (see April 2002 and After).

Entity Tags: George W. Bush, Michael Hayden

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Jose Padilla (see May 14, 2007), convicted in August 2007 of conspiring to assist terrorist organizations such as al-Qaeda, is sentenced for his crimes. Padilla was not charged with plotting to detonate a radioactive “dirty bomb,” as Bush administration officials have long alleged (see June 10, 2002). He is sentenced to over 17 years in prison, but is not sentenced to life in prison, as Judge Marcia Cooke could have given him. Cooke gives Padilla some credit for his detention in a US naval brig, and agrees that he was subjected to what she calls “harsh conditions” and “extreme environmental stresses” while there. “I do find that the conditions were so harsh for Mr. Padilla… they warrant consideration in the sentencing in this case,” she rules. Padilla does not get credit for time served. Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), are also convicted; Hassoun receives over 15 years in prison and Jayyousi is sentenced to over 12 years. Cooke says that the prosecution failed to prove that either defendant was responsible for any specific acts of terrorism. “There is no evidence that these defendants personally maimed, kidnapped, or killed anyone in the United States or elsewhere,” she rules. The reactions from the defendants’ lawyers and family members are mixed. “I feel good about everything. This is amazing,” says Padilla’s mother, Estela Lebron. Hassoun’s lawyer, Jeanne Baker, calls the verdict “a defeat for the government.” And Jayyousi’s lawyer, William Swor, says: “The government has not made America any safer. It has just made America less free.” [Associated Press, 1/22/2008] Padilla will serve his prison sentence at a so-called “supermax” prison facility in Colorado. Domestic terrorists such as Terry Nichols, convicted of conspiring to bomb a federal building in Oklahoma City (see Late 1992-Early 1993 and Late 1994), “Unabomber” Ted Kaczynski (see April 3, 1996), and al-Qaeda operative Zacarias Moussaoui (see April 22, 2005) are also held at this facility. [Jurist, 4/19/2008]

Entity Tags: Marcia Cooke, William Swor, Kifah Wael Jayyousi, Jeanne Baker, Adham Amin Hassoun, Al-Qaeda, Jose Padilla, Estela Lebron, Bush administration (43)

Timeline Tags: Torture of US Captives

Following the release of a set of Bush administration memos about torture (see April 16, 2009) and the discovery that militant training camp facilitator Abu Zubaida was waterboarded 83 times in one month (see April 18, 2009), some commentators recall comments made by former CIA officer John Kiriakou.
Kiriakou's Media Blitz - In late 2007, shortly after the CIA admitted destroying videos of Zubaida (see November 2005 and December 6, 2007), Kiriakou toured media outlets, saying that Zubaida had only been waterboarded once (see December 10, 2007 and December 11, 2007). New York Times reporter Brian Stelter writes the most comprehensive treatment of Kiriakou’s “media blitz,” in an article entitled “How ‘07 ABC Interview Tilted a Torture Debate.” He points out that Kiriakou’s claim of only one waterboarding was “repeated by dozens of broadcasts, blogs, and newspapers” and “quickly ricocheted around the media.” This despite the fact that Kiriakou was not present at the black site where Zubaida was interrogated, and only learned of his treatment from reading accounts from the field. This injected the claim of one waterboarding into the public debate without the CIA having to make it itself. When asked about the false claim, CIA spokesman Paul Gimigliano replies: “This agency did not publicly disclose the frequency with which the waterboard was used, noting only that it was employed with three detainees. If reporters got that wrong, they weren’t misled from here.”
Waterboarding Was Necessary - In addition, Kiriakou said that at the time it did produce results and he had thought it was necessary then, statements that were repeated and amplified around the media. The net effect of his interjection in the debate was to make the torture seem much less harsh than it really was, diverting criticism away from the CIA. [New York Times, 4/28/2009]
CIA Media Plant? - Numerous other commentators will make similar points. For example, in a piece entitled “John Kiriakou: CIA Media Plant?” Foreign Policy magazine commentator Annie Lowery says: “It all seems a bit strange to me, and leads to one obvious possibility: John Kiriakou—telegenic and well-spoken John Kiriakou, who never went to jail for blasting state secrets on television—was told the story to tell and released onto an unsuspecting public. It’s an impression the CIA will have difficulty dulling now.” [Foreign Policy, 4/28/2009]
Kiriakou Admits He Was Wrong - In 2010, Kiriakou will publish a book and in it he will mention in passing that his earlier claims were wrong. He did not take part in Zubaida’s interrogation and he was wrong about Zubaida being only waterboarded one time, and about him freely confessing afterwards. He will claim that he was a dupe used by the CIA to promote disinformation, writing, “In retrospect, it was a valuable lesson in how the CIA uses the fine arts of deception even among its own.” [Foreign Policy, 1/26/2010]

Entity Tags: John Kiriakou, Paul Gimigliano, Brian Stelter, Central Intelligence Agency, Annie Lowery

Timeline Tags: Complete 911 Timeline

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