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Context of 'October 2, 2002: CIA Deputy Director Tells Congress Agency Doubts British Africa-Uranium Claim'

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In mid-March 2002, Deputy CIA Director John E. McLaughlin informs senior members of the president’s national security team that the CIA is cutting back operations in Afghanistan. Presumably the CIA there are to be used in Iraq instead. [Washington Post, 10/22/2004] Newsweek will later report that around this time, “The most knowledgeable CIA case officers, the ones with tribal contacts, were rotated out.” The CIA station chief in Kabul, Afghanistan, a fluent Arabic speaker and intellectual, is replaced by a highly unpopular chief who admits to only having read one book on Afghanistan. [Newsweek, 8/28/2007] More CIA personnel will move from Afghanistan to Iraq in late 2002 and early 2003 (see Late 2002-Early 2003).

Entity Tags: Central Intelligence Agency, National Security Council, John E. McLaughlin

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, War in Afghanistan

Deputy Director of Central Intelligence John McLaughlin testifies before the Senate Select Committee on Intelligence. When asked by Senator Jon Kyl (R-AZ) whether he has read the British white paper (see September 24, 2002) on Iraq and whether he disagrees with any of its conclusions he responds: “[T]he one thing where I think they stretched a little bit beyond where we would stretch is on the points about Iraq seeking uranium from various African locations. We’ve looked at those reports and we don’t think they are very credible…” [US Congress, 7/7/2004]

Entity Tags: John E. McLaughlin, Jon Kyl

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

Senators Lindsey Graham (R-SC) and Jon Kyl (R-AZ) file an amicus curiae brief with the Supreme Court in the case of Hamdan v. Rumsfeld (see June 30, 2006) saying that because of the passage of the Detainee Treatment Act (DTA—see December 15, 2005), the Court no longer has jurisdiction over the case. Graham and Kyl argue their point by citing the “legislative history” of the DTA, in particular the official statements Graham and Kyl made during debate over the bill, and specifically an “extensive colloquy” between the two that appears in the Congressional Record for December 21, 2005. Graham and Kyl argue that this “colloquy,” which argues that Guantanamo prisoners have no rights under the standard of habeas corpus, stands as evidence that “Congress was aware” that the DTA would strip the Court of jurisdiction over cases that involve Guantanamo detainees. (The Senate included an amendment written by Graham, Kyl, and Carl Levin (D-MI) to the DTA that would reject habeas claims in future court cases, but does not apply retroactively to cases already filed, such as Hamdan.) However, Graham and Kyl never engaged in such a discussion on the floor of the Senate. Instead, they had the text inserted in the Record just before the law passed (see December 30, 2005), meaning that no one in Congress heard their discussion. The brief indicates that the discussion happened during the debate over the bill when it did not. The Record indicates that the discussion that did take place concerning the Hamdan case comes from Democrats, and explicitly state that the DTA has no bearing on the case. C-SPAN video coverage of the debate proves that Graham and Kyl never made those statements, and Senate officials confirm that the discussion was inserted later into the Record. But in their brief, Graham and Kyl state that “the Congressional Record is presumed to reflect live debate except when the statements therein are followed by a bullet… or are underlined.” The Record shows no such formatting, therefore, says the brief, it must have been live. The debate between Graham and Kyl is even written to make it appear as if it had taken place live, with Graham and Kyl answering each other’s questions, Kyl noting that he is nearing the end of his allotted time, and another senator, Sam Brownback (R-KS) apparently attempting to interject a question. Lawyers for the prosecution will strenuously object to the brief, and Justice Department defense lawyers will use the brief as a centerpiece for their argument that the Supreme Court should throw the case out. [US Supreme Court, 2/2006 pdf file; Slate, 3/27/2006; FindLaw, 7/5/2006] Former Nixon White House counsel John Dean will call the brief “a blatant scam,” and will accuse Graham and Kyl of “misle[ading] their Senate colleagues, but also sham[ing] their high offices by trying to deliberately mislead the US Supreme Court.… I have not seen so blatant a ploy, or abuse of power, since Nixon’s reign.… [Graham and Kyl] brazenly attempted to hoodwink the Court regarding the actions of Congress in adopting the DTA.” [FindLaw, 7/5/2006] Their efforts will not be successful, as the Supreme Court will ultimately rule against the Republican position in Hamdan vs. Rumsfeld (see June 30, 2006).

Entity Tags: John Dean, Detainee Treatment Act, US Department of Justice, US Supreme Court, Samuel Brownback, Jon Kyl, Lindsey Graham, Carl Levin

Timeline Tags: Torture of US Captives, Civil Liberties

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