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Context of 'May 21, 2003: New Law Allows Timber Industry Access to Millions of Acres'

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The United States begins a practice known as “rendition,” the official purpose of which is to bring suspected foreign criminals to justice. Suspects detained abroad are “rendered” to courts in the United States or other countries. In some cases they are transferred to countries with poor human rights records and tortured. Some are convicted, even put to death, without a fair trial. [Washington Post, 1/2/2005, pp. A01] The frequency of renditions will increase dramatically after the September 11 attacks (see After September 11, 2001). [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01]
Gore: "Go Grab His Ass" - The policy is proposed by Richard Clarke, head of the Counterterrorism Security Group, who is aware of a suspect he wants to have rendered. However, White House Counsel Lloyd Cutler opposes the policy, saying it violates international law, and demands a meeting with President Clinton to explain the issue to him. Clinton appears favorable to Cutler’s arguments, until Vice President Al Gore returns from a foreign trip. Gore listens to a recap of the arguments and comments: “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.” However, the first operation fails.
Comment by Clarke - Clarke will later write: “We learned that often things change by the time you can get a snatch team in place. Sometimes intelligence is wrong. Some governments cooperate with the terrorists. It was worth trying, however, because often enough we succeeded.” [Clarke, 2004, pp. 144]

Entity Tags: Richard A. Clarke, William Jefferson (“Bill”) Clinton, Albert Arnold (“Al”) Gore, Jr., Lloyd Cutler

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Dan Burton.Dan Burton. [Source: US House of Representatives]Dan Burton (R-IN), the chairman of the House Government Reform Committee, releases edited transcripts of taped White House conversations between then-President Bill Clinton and Israel’s then-prime minister, Ehud Barak (see Late August, 2001). President Bush’s counsel Alberto Gonzales decided to break with decades of tradition in releasing private conversations between a former president and a head of state, and gave Burton the tapes as part of Burton’s investigation into Clinton’s last-minute pardon of Marc Rich, a commodities trader who had fled the US ahead of tax evasion and fraud charges. Burton and other conservatives have charged that Clinton pardoned Rich at the behest of Rich’s wife Denise, a Clinton presidential library contributor, possibly in return for the contributions, or even sexual favors. However, the tapes indicate that one reason Clinton pardoned Rich was a request made by Barak. On December 11, 2000, Barak said to Clinton, “One last remark. There is an American Jewish businessman living in Switzerland and makes a lot of philanthropic contributions to Israeli institutions and activities and education.” Rich had “violated certain rules of the game in the United States,” Barak said, and wanted Clinton to consider pardoning him. Clinton replied, “I know about that case because I know his ex-wife. If your ex-wife wants to help you, that’s good.” Barak asked Clinton again on January 8, 2001, when Clinton called Rich’s case “bizarre” and said, “It’s best that we not say much about that.” In a third conversation, which took place just days before Clinton left office, Clinton said that such a pardon has “almost no precedent in American history,” and told Barak that he was pondering whether or not to allow Rich to return to the US if pardoned. [New York Times, 8/21/2001; Salon, 2/7/2002; Dean, 2004, pp. 85-86] Clinton, angered by the selective editing of the transcripts in an apparent effort to mischaracterize the Rich pardon, will request that all of the relevant portions of the transcripts be released; the White House will refuse and classify the rest of the transcripts (see Late August, 2001).

Entity Tags: House Committee on Government Reform, Bush administration (43), Alberto R. Gonzales, Dan Burton, Ehud Barak, Marc Rich, William Jefferson (“Bill”) Clinton, Denise Rich

Timeline Tags: Civil Liberties

Marc Rich.Marc Rich. [Source: Huffington Post]Former president Bill Clinton reacts angrily to edited transcripts of private conversations with former Israeli prime minister Ehud Barak, in which Barak requested that Clinton pardon fugitive American financier Marc Rich (see August 21, 2001 and Early September, 2001). The transcripts were edited and released to the public by House Government Reform Committee chairman Dan Burton (R-IN) as part of his investigation into whether Clinton acted improperly in pardoning Rich. After reading the transcripts, Clinton thinks that Burton has selectively edited them, and giving a false impression of the nature and content of the conversations between himself and Barak. Clinton asks the White House, which had provided Burton with copies of the tapes of the conversations, to release all of the relevant portions of the transcripts, which he says will portray the conversations in a different light. But the White House refuses, saying the remaining portions of the transcripts are now classified. [Dean, 2004, pp. 85-86]
'Hating Bill Clinton' - The classification of the documents is quite sudden. Earlier in the month, a White House spokesperson said that the release of the Clinton-Barak transcripts was nothing more than part of their efforts to make more information available to Congress. “The excerpts were not classified,” the spokesperson said. “The decision to make the documents available was entirely consistent with past practice. You don’t just slap Top Secret on a whole document.” However, some observers dispute this. “Given the secrecy that the Bush-Cheney administration has pursued, it’s inconceivable that they would turn this information over if it affected President Bush,” says Phil Schiliro, the Democratic staff director for the House Government Reform Committee, which is trying in vain to secure information from the White House about the Cheney Energy Task Force. Lynne Weil, the press secretary for the Senate Foreign Relations Committee, calls the sudden decision to classify the previously unclassified transcripts “highly unusual.” She adds, “People who have worked for the Foreign Relations Committee for years can’t recall the last time such a thing happened.” The National Security Archives’s Tom Blanton welcomed the original disclosure of the conversations, but says it came not from a sudden desire for transparency from the Bush administration, but from a desire to smear Clinton. The Bush administration passionately believes in secrecy, a belief rooted in its collective ideology, says Blanton. When asked why that same ideological concern didn’t extend to the Clinton-Barak transcripts, Blanton replies that the question ignores “a rather more focused version of that ideology that’s about hating Bill Clinton.”
Violation of Procedure - Typically, the Bush administration turns down requests such as Burton’s for private presidential conversations. However, White House counsel Alberto Gonzales decided to turn them over. At that point, Clinton could have attempted to block the release of the transcripts by invoking executive privilege, a move that may have cast him in a poor light politically. But the events as carried out by Burton and the White House—breaking with precedent to release potentially embarrassing transcripts, edit those transcripts to make their contents appear more damning than they actually are, then retroactively classify the remainder of the transcripts—is highly unusual. [Salon, 2/7/2002; Dean, 2004, pp. 85-86]

Entity Tags: Energy Task Force, Ehud Barak, Bush administration (43), Alberto R. Gonzales, William Jefferson (“Bill”) Clinton, Tom Blanton, National Security Archives, Phil Schiliro, Senate Foreign Relations Committee, Marc Rich, House Committee on Government Reform, Lynne Weil, Dan Burton

Timeline Tags: Civil Liberties

Dan Burton (R-IN), the chairman of the House Government Reform Committee, asks for more than twelve sets of internal Justice Department documents that detail purported fund-raising abuses by the 1996 presidential campaign of Bill Clinton and Al Gore. Burton also wants documents relating to the FBI’s use of mob informants by its Boston office, where evidence indicates that the office literally let the informants get away with murder and suppressed evidence that allowed an innocent man to go to prison. Burton’s request causes a dilemma for the White House. On the one hand, President Bush and Vice President Cheney have given explicit instructions for staffers to resist such calls for information. On the other hand, when Burton had delved into the questions surrounding Clinton’s last-minute pardons, Bush had already given him unprecedented access to Clinton’s private conversations (see August 21, 2001). Burton immediately released edited transcripts of the tapes (see August 21, 2001). The administration ponders whether or not to release the documents, and in the process perhaps further impugn Clinton, or to refuse, preserving their standard of executive privilege. It will eventually come down on the side of secrecy (see December 13, 2001). [Dean, 2004, pp. 85-86]

Entity Tags: William Jefferson (“Bill”) Clinton, Richard (“Dick”) Cheney, US Department of Justice, Ehud Barak, Albert Arnold (“Al”) Gore, Jr., Bush administration (43), Dan Burton, George W. Bush, Federal Bureau of Investigation, House Committee on Government Reform

Timeline Tags: Civil Liberties

The Bush administration solves the dilemma surrounding a request by Congressman Dan Burton (R-IN) for documents from the Clinton administration (see Early September, 2001) by placing secrecy and executive privilege above a chance to potentially attack Clinton. Burton has tucked the request for the Clinton documents in with another request on a far more serious matter, possible malfeasance by an FBI office. President Bush instructs Attorney General John Ashcroft not to turn over the documents on either case, explaining that turning over the documents would violate the “national interest” by giving Congress documents related to “prosecutorial decision making.” Burton, the Republican and Democratic members of the House Government Reform Committee, and editorial writers and commentators around the country criticize the administration over the refusal to turn over the documents, particularly the FBI information. The White House adds fuel to the controversy by claiming, both on this day and in a January 2002 letter from White House counsel Alberto Gonzales, that the refusal is consistent with long-standing Justice Department policy (see January 10, 2002). The committee will secure an opinion from eminent Constitutional scholar Professor Charles Tiefer, who will show that the White House’s argument is flatly wrong. [Dean, 2004, pp. 85-88]
'Your Guy's Acting Like a King' - An infuriated Burton confronts a lower-level Justice Department official sent to testify about the government’s position: “We’ve got a dictatorial president and a Justice Department that does not want Congress involved. Your guy’s acting like he’s king.” In his official comments, Burton accuses the Bush administration of setting a “terrible, terrible precedent” in the name of executive power. “This is not a monarchy,” Burton says. “The legislative branch has oversight responsibilities to make sure there is no corruption in the executive branch.” In the Senate, Charles Grassley (R-IA) agrees with Burton. “Anything that limits legitimate Congressional oversight is worrisome,” he says. “This move needs to be carefully scrutinized, particularly in an atmosphere where Congress is giving the Justice Department additional powers and authority.”
Politics over Principles - But the storm of Congressional criticism will have little lasting effect. In 2007, author Charlie Savage will write: “[P]olitics defeated… principles. Most Republicans were unwilling to challenge Bush, and many Democrats opposed Burton’s probes of the Clinton campaign fund-raising, so few members of either party were interested in fighting the White House about it. And because Bush’s first invocation of [executive privilege] was done in part to protect Clinton and the Democrats, the gesture seemed principled rather than self-serving. It was tactically brilliant.” [Savage, 2007, pp. 98]
Administration Later Turns Over Documents - After the media controversy, the administration quietly, and without public acknowledgment, will provide the FBI material to the committee. The committee’s final report on the FBI investigation will conclude with six pages of withering criticism of the administration’s fallacious claim to executive privilege. However, as former Nixon White House counsel John Dean will note in 2004, the criticism from the committee is essentially meaningless to the White House, because it will garner no attention from the media and thereby cost the administration no political capital. And while some observers cannot understand why the administration would take such a hardline stand on an issue that lacks any implications for national security, the public interest, or the protection of ongoing criminal investigations, Dean will write that “it makes absolute sense if the administration’s aim is total information control.” He adds: “Accordingly, its policy remains to employ executive privilege aggressively, as long as the political price is not too high. If this administration is given a second term, there will be no price too high to expand this presidential privilege, enabling the executive branch to remain completely unaccountable.” [Dean, 2004, pp. 85-88]
Court Upholds Bush Actions - In 2003, a district court will uphold the Bush administration’s refusal to turn over the documents to Burton’s committee (see March 28, 2003).

Entity Tags: John Dean, House Committee on Government Reform, Dan Burton, Clinton administration, Bush administration (43), Charles Tiefer, Charlie Savage, Federal Bureau of Investigation, George W. Bush

Timeline Tags: Civil Liberties

White House counsel Alberto Gonzales issues a letter stating that the administration’s refusal to turn over documents about possible FBI malfeasance to Dan Burton (R-IN), the chairman of the House Government Reform Committee, is consistent with long-standing Justice Department policy. Gonzales’s assertion will be disputed by the Committee, based on an assessment by law Professor Charles Tiefer of the University of Baltimore (see December 13, 2001). [Dean, 2004, pp. 87]

Entity Tags: Federal Bureau of Investigation, Alberto R. Gonzales, Dan Burton, US Department of Justice, Bush administration (43)

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 pdf file; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]

Entity Tags: Geneva Conventions, George W. Bush, Colin Powell, Lawrence Wilkerson, William Howard Taft IV, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

The Salt Pit, a secret CIA prison near Kabul, Afghanistan.The Salt Pit, a secret CIA prison near Kabul, Afghanistan. [Source: Space Imaging Middle East]President George Bush signs a secret order authorizing the CIA to set up a network of secret detention and interrogation centers outside the United States where high value prisoners can be interrogated “with unprecedented harshness.” [Newsweek, 5/24/2004] This takes place shortly after February 7, 2002, when Bush declared that al-Qaeda and Taliban prisoners were not subject to the Geneva Convention (see February 7, 2002). The first secret CIA prison will begin operating in Thailand in March 2002 (see March 2002).

Entity Tags: George W. Bush, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A new interrogation unit arrives at the Bagram Collection Point (BCP), the improvised interrogation and holding facility at Bagram Air Force Base (see October 2001). The unit is headed by Lieutenant Carolyn Wood (see January 22, 2003-May 8, 2003), who leads a 13-man unit from the 525th Military Intelligence Brigade at Fort Bragg, NC. Wood’s unit is augmented by six Arabic-speaking reservists from the Utah National Guard. Many in the group, consolidated under Company A of the 519th Military Intelligence Battalion, are counterintelligence specialists with no background in interrogation. Only two of the soldiers have ever questioned actual prisoners. The training they receive is ad hoc and minimal. The noncommissioned officer in charge of the interrogators, Staff Sergeant Steven Loring, will later tell investigators, “There was nothing that prepared us for running an interrogation operation” like the one at Bagram. Nor are the rules of engagement clear. The platoon uses the standard interrogations guide, Section 34-52 of the Army Fleld Manual, and an order from Defense Secretary Rumsfeld to treat prisoners “humanely” and, when possible, within the strictures of the Geneva Conventions. But when President Bush determines in February 2002 that the Conventions do not apply to Taliban and al-Qaeda captives (see February 7, 2002), the interrogators decide they “could deviate slightly from the rules,” in the words of Utah reservist Sergeant James Leahy. “There was the Geneva Conventions for enemy prisoners of war, but nothing for terrorists,” Leahy will tell Army investigators. And the detainees, senior intelligence officers say, are to be considered terrorists until proved otherwise. One group of soldiers is later dubbed “the Testosterone Gang”; they decorate their tent with a Confederate flag, spend large amounts of time bodybuilding, and quickly earn a reputation as some of the most brutal of the soldiers at Bagram. [New York Times, 5/20/2005]

Entity Tags: US Department of the Army, Carolyn A. Wood, Donald Rumsfeld, Steven Loring, George W. Bush, James Leahy

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

On the day before Thanksgiving, the Bush administration releases proposed rule changes that would lead to increased logging of federal forests for commercial or recreational activities by giving local forest managers the authority to open up the forests to development without requiring environmental impact assessments and without specific standards to maintain local fish and wildlife populations. Administration officials claim the changes are needed because existing rules—approved by the Clinton administration two months before Bush took office—are unclear, in addition to being costly and difficult to implement. Critics charge the changes are aimed at pleasing the timber industry at the expense of forest ecosystems. The proposed changes would affect roughly 192 million acres of US forests and grasslands. [Seattle Post-Intelligencer, 11/27/2002; CBS News, 11/27/2002] The proposal closely follows the timber industry’s wish list—a “coincidence” according to the Forest Service. [Native Forest Network, 11/27/2002 pdf file]

Entity Tags: US Forest Service, Bush administration (43)

Timeline Tags: US Environmental Record

Interior Secretary Gale A. Norton, Agriculture Secretary Ann M. Veneman, and Council on Environmental Quality (CEQ) Chairman James L. Connaughton meet with President Bush to discuss the implementation of the administration’s “Healthy Forest Initiative.” After the meeting, they announce proposed changes that would expedite the approval of “fuels treatment” projects (forest thinning) by weakening the review process and restricting public input. [US Department of Interior, 12/11/2002; Associated Press, 12/11/2002] Critics say the changes would make it easier for the timber industry to cut the larger, more fire resistant trees, making the forests more vulnerable to wildfires. They also charge that the proposed rules would allow logging interests to override local concerns. [Natural Resources Defense Council, 12/11/2002] Mike Francis, a forest specialist with the Wilderness Society, commenting on the proposed rule changes, tells the Associated Press, “Those are nothing more than administration’s typical desires to cut the public out of forest decisions. This administration doesn’t like what the public wants to do with their forests.” [Associated Press, 12/11/2002]

Entity Tags: James L. Connaughton, George W. Bush, Gale A. Norton, Ann M. Veneman, Bush administration (43)

Timeline Tags: US Environmental Record

In a front-page article, the Washington Post reports on the US intelligence program of rendition (see 1993) and reveals that US agents are using “stress and duress” techniques to interrogate captives detained in Afghanistan. Persons being held in the CIA interrogation center at Bagram Air Base who refuse to cooperate “are sometimes kept standing or kneeling for hours in black hoods or spray-painted goggles,…. held in awkward, painful positions and deprived of sleep with a 24-hour bombardment of lights’ subject to what are known as ‘stress and duress’ techniques,” the article says. [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Each of the ten current national security officials who were interviewed for the article “defended the use of violence against captives as just and necessary.” [Washington Post, 12/26/2002] It quotes one official who reasons: “If you don’t violate someone’s human rights some of the time, you probably aren’t doing your job…. I don’t think we want to be promoting a view of zero tolerance on this.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Likewise, another official acknowledges that “our guys may kick them around a little bit in the adrenaline of the immediate aftermath.” A different source comments, with reference to the medical services provided for captives, that “pain control [in wounded patients] is a very subjective thing.” [Washington Post, 12/26/2002] Finally, in a very explicit remark, one of the officials interviewed by the Post, who is described as being directly involved in the rendition of captives, explains the program’s logic: “We don’t kick the [expletive] out of them. We send them to other countries so they can kick the [expletive] out of them.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] After the report is published, Maj. Stephen Clutter, the deputy spokesman at Bagram, denies the allegations (see December 29, 2002), claiming that the Washington Post article was “false on several points, the first being that there is no CIA detention facility on Bagram.” He says, “The accusation of inhumane treatment is something that I can clearly refute. The things that they talked about, the inhumane conditions… are things that do not go on here.” [Agence France-Presse, 12/29/2002]

Entity Tags: Stephen Clutter

Timeline Tags: Torture of US Captives

Human Rights Watch writes to President Bush about the allegations of torture reported in the Washington Post (see December 26, 2002), asking that the allegations be investigated immediately. [Human Rights Watch, 12/26/2002; BBC, 12/26/2002; CBC News, 12/27/2002; Washington Post, 12/28/2002; Human Rights Watch, 5/7/2004] White House spokesman Scott McClellan denies that US interrogation practices violate international law and indicates no interest on the part of the administration to investigate the allegations. “We are not aware we have received the letter.… [W]e believe we are in full compliance with domestic and international law, including domestic and international law dealing with torture.” He adds that combatants detained by the US are always treated “humanely, in a manner consistent with the third Geneva Convention.” [Washington Post, 12/28/2002]

Entity Tags: Human Rights Watch, Scott McClellan, George W. Bush

Timeline Tags: Torture of US Captives

A US military spokesman for Bagram, Maj. Steve Clutter, says allegations reported in the Washington Post (see December 26, 2002) are unfounded. He claims that the Post article was “false on several points, the first being that there is no CIA detention facility on Bagram.” He says, “The accusation of inhumane treatment is something that I can clearly refute. The things that they talked about, the inhumane conditions… are things that do not go on here.” [Agence France-Presse, 12/29/2002] “There is a facility run by the US Army, however, there is absolutely no evidence to suggest that persons under control of the US Army have been mistreated,” he explains. “A doctor examines them daily. They have access to medical care 24 hours a day, seven days a week. They have dental care. They sleep in a warm facility and have three meals a day that are prepared according to Islamic cultural and religious norms. When they arrive, they go through an interview process to determine whether they are enemy combatants or have information that can help us prevent terrorist attacks against Americans or attacks against US forces. During this interview process, they are treated as humanely as possible. We routinely allow visits, about once a week, from the International Committee of the Red Cross to ensure their treatment is humane. If they are deemed to be enemy combatants or pose a danger, they become detainees. If they are not, they are ultimately released.” [Reuters, 12/28/2002]

Entity Tags: Stephen Clutter

Timeline Tags: Torture of US Captives

Carolyn Wood.Carolyn Wood. [Source: CBC]On January 22, 2003, Capt. Carolyn A. Wood receives a Bronze Star for “exceptional meritorious service” as the head of military intelligence interrogators at Bagram. She and her small platoon of 15 interrogators from the 519th Military Intelligence Battalion returned from Afghanistan to their base at Fort Bragg, North Carolina earlier in the month. On May 8, 2003, Wood receives her second Bronze Star. [Knight Ridder, 8/21/2004] Wood was previously in charge of the US air base at Bagram, where detainees have alleged torture and where at least two detainees died as a result of physical abuse (see November 30-December 3, 2002) (see December 26, 2002) (see December 5-9, 2002). Wood and her battalion will be redeployed to Iraq and handle interrogations at the Abu Ghraib prison while abuses go on there (see July 15, 2003). She will implement nearly the same interrogation rules used in Bagram (see July 15, 2003).

Entity Tags: Carolyn A. Wood

Timeline Tags: Torture of US Captives, War in Afghanistan

President Bush delivers his State of the Union address and describes his rollbacks as environmental protections. He talks about his “Healthy Forest Initiative” (see May 21, 2003) and the issues of energy independence and air pollution, stressing his administration’s disfavor with “command-and-control regulations.” Bush does not mention the issue of clean water. [Natural Resources Defense Council, 1/28/2003; US President, 2/3/2003]

Entity Tags: George W. Bush

Timeline Tags: US Environmental Record

In a televised address to the nation, shortly before the US officially begins its invasion of Iraq, President George W. Bush justifies the need to use military force. He asserts that the US has “pursued patient and honorable efforts to disarm the Iraqi regime without war,” but that Iraq “has uniformly defied Security Council resolutions demanding full disarmament.” He maintains that Iraq “continues to possess and conceal some of the most lethal weapons ever devised” and “has aided, trained, and harbored terrorists, including operatives of al-Qaeda.… Today, no nation can possibly claim that Iraq has disarmed.” Bush then gives Saddam Hussein an ultimatum, warning the Iraqi leader that if he and his sons do not leave Iraq within 48 hours, the US will use military force to topple his government. The choice is his, Bush says. “Should Saddam Hussein choose confrontation, the American people can know that every measure has been taken to avoid war, and every measure will be taken to win it.” He assures Iraqis that the US will liberate them and bring them democracy and warns Iraq’s military not to destroy its country’s oil wells or obey orders to deploy weapons of mass destruction. As to the issue of war crimes, Bush says: “War crimes will be prosecuted, war criminals will be punished and it will be no defense to say, ‘I was just following orders.’” [US President, 3/24/2003]

Entity Tags: George W. Bush

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

US District Court Judge Gladys Kessler, appointed to the bench by former President Bill Clinton, rules that the Bush administration is within the law in refusing to release documents pertaining to pardons issued by Clinton to Congress (see August 21, 2001 and December 13, 2001). Judicial Watch president Tom Fitton accuses Kessler of endorsing the Bush administration’s claim of executive privilege in order to protect Clinton’s reputation. The White House hails the ruling, and spokesman Scott McClellan notes that the courts have now recognized that the privilege “applies to former, current, and future presidents.” In 2007, author and reporter Charlie Savage will write that the ruling hands “the Bush-Cheney legal team another victory in its bid to expand the White House’s power to keep its inner workings secret.” [Savage, 2007, pp. 99]

Entity Tags: Charlie Savage, Bush administration (43), Clinton administration, Gladys Kessler, Tom Fitton, Scott McClellan

Timeline Tags: Civil Liberties

The Department of Interior informs Congress that it has decided to settle a lawsuit filed years ago by the state of Utah over the Bureau of Land Management’s policy of rejecting drilling and mining projects in areas under review for wilderness protection. The decision withdraws protected status for 3 million acres of land in Utah. Without designation as a Wilderness Area, portions of the Red Rock Canyons in southern Utah could be open to logging, oil and gas drilling, mineral extraction, road-building and other development. A federal appeals court had previously ruled against the state on all but one count and consequently the lawsuit’s status had been moribund since 1998. [USA Today, 4/11/2003] But in March, Utah made an amendment to its complaint, thus reopening the case and providing the Bush administration with an opportunity to make a “settlement.” Environmental groups say the settlement is the outcome of a deal made between Interior Secretary Gale Norton and Utah Governor Mike Leavitt behind closed-doors. [USA Today, 4/11/2003; Salt Lake Tribune, 4/20/2003; Salt Lake Tribune, 5/6/2003; Salt Lake Tribune, 6/18/2003; Wilderness Society, 4/28/2004] In addition to the settlement, the Bush administration stops congressional reviews of Western lands for wilderness protection, capping wilderness designation at 22.8 million acres nationwide. [USA Today, 4/11/2003]

Entity Tags: US Congress, US Department of Interior, Mike Leavitt, Bush administration (43), Gale A. Norton

Timeline Tags: US Environmental Record

The House of Representatives passes the Healthy Forests Restoration Act of 2003 by a vote of 256 to 170 as part of the Bush administration’s “Healthy Forests Initiative.” (see November 27, 2002) (see December 11, 2002). [US Department of the Interior, 5/30/2003] The legislation, introduced by Rep. Scott McInnis, relaxes requirements for the removal of small underbrush and trees on 20 million acres of forestland vulnerable to wildfires. The bill, dubbed the “‘Healthy Stealthy’ Act” by critics, removes important environmental safeguards and reduces public participation and judicial review, [Reuters, 5/22/2003] facilitating the timber industry’s access to 192 million acres. The measure also increases the industry’s subsidies by $125 million. [Alternet, 5/19/2003]

Entity Tags: Scott McInnis, Bush administration (43)

Timeline Tags: US Environmental Record

President Bush issues a proclamation to mark the United Nations International Day in Support of Victims of Torture. Bush states that the US is “committed to the worldwide elimination of torture and we are leading this fight by example.” He vows to prosecute torture and to prevent any “other cruel and unusual punishment.” The CIA’s chief lawyer, Scott Muller, complains to the White House that Bush’s statement could cause CIA interrogators, authorized by Bush to torture suspected al-Qaeda members (see February 7, 2002), to fear that they could be used as scapegoats by the administration. White House officials reassure Muller that despite Bush’s words, the administration still supports the CIA’s torture of prisoners. [New York Times, 5/3/2009]

Entity Tags: Scott Muller, Bush administration (43), George W. Bush, Central Intelligence Agency

Timeline Tags: Torture of US Captives

President George Bush names Utah Governor Mike Leavitt as administrator of the Environmental Protection Agency (EPA), replacing Christie Todd Whitman who resigned in June. [US President, 8/18/2003] Leavitt was at the center of a controversy a couple of months ago for a back-room deal he made with Interior Secretary Gale Norton to suspend wilderness studies on millions of acres of Utah lands (see April 11, 2003). He supports replacing mandatory pollution controls with voluntary compliance programs for polluting industries and is a strong backer of the administration’s policy of shifting environmental regulation to the states. [Washington Times, 8/12/2003] During his term as governor, US Magnesium, a magnesium-processing company on the western side of the Great Salt Lake, earned the place as the nation’s worst polluter. Leavitt says that he and Bush “have a like mind and a like heart” on environmental policy. [Salt Lake Tribune, 8/12/2003] Environmentalists condemn the nomination noting that aside from Leavitt’s strong opposition to a plan to store nuclear waste on a Utah Indian reservation, the governor has a very poor environmental record. “Mike Leavitt has no credentials, no understanding and no political willpower to protect America’s clean air, clean water and clean land,” Marc Clemens, chapter coordinator for the Utah Sierra Club, tells the Salt Lake Tribune. [Salt Lake Tribune, 8/12/2003]

Entity Tags: Mike Leavitt, Environmental Protection Agency, George W. Bush

Timeline Tags: US Environmental Record

Interior Secretary Gale Norton signs a legal opinion by Deputy Solicitor Roderick Walston reversing the interpretation of the agency’s previous solicitor-general, John Leshy, who had ruled in 1996 that the 1872 Mining Law limits each 20-acre mining claim on federal land to a single five-acre waste site. As a result of Norton’s decision, mining companies will be permitted to dump unlimited amounts of toxic waste on public lands, threatening surrounding waterways, wildlife, and the health of local human populations. The Bush administration and the mining industry have argued that the Clinton-era opinion caused a significant reduction in US minerals exploration, mine development and mining jobs since 1997. “It created an atmosphere of uncertainty and when you are making investments of hundreds of millions of dollars, uncertainty is not something you want to face,” explains Assistant Interior Secretary Rebecca Watson. “We anticipate we will now see more development and exploration for mining.” The decision was praised by the mining industry. “This is good news,L Russ Fields, executive director of the Nevada Mining Association. “The old opinion did create a lot of uncertainty for our industry.” [Associated Press, 10/10/2003]

Entity Tags: Bush administration (43), Gale A. Norton, John Leshy, Roderick Walston

Timeline Tags: US Environmental Record

President Bush signs into law the “Healthy Forest Restoration Act,” (see May 21, 2003) aimed at reducing environmental and judicial review of forest-thinning fire-prevention programs in national forests. The law—modeled on President Bush’s “Healthy Forest Initiative”—almost doubles the federal budget for forest-thinning projects to $760 million. [White House, 12/3/2003; Associated Press, 12/4/2003; Los Angeles Times, 12/4/2003] The bill axes a requirement that any proposed US Forest Service (USFS) program that may adversely affect endangered plants or animals be reviewed by the Fish and Wildlife Service or the National Marine Fisheries Service. Under the new law, reviews will instead be performed by USFS biologists or other land-management agencies. Marty Hayden, legislative director for Earthjustice, says the measure removes important checks and balances. “The conflict of interest is that the agency whose top job is to do the logging will make this decision, rather than the agency whose top job is to protect threatened or endangered species,” he explains. [Los Angeles Times, 12/4/2003] Critics of the bill argue that it will make it easier for timber companies to log large fire-resistant trees in remote parts of the forest and ignore the needs of at-risk communities who need help clearing flammable brush from the immediate areas surrounding their homes and property. Sean Cosgrove, a forest expert with the Sierra Club, tells CNN: “The timber industry fought real hard for this bill for a reason and it’s not because they want to remove brush and chaparral. Through and through this thing is about increasing commercial logging with less environmental oversight.” Overall, critics say, the law reduces environmental review, limits citizen appeals, pressures judges to quickly handle legal challenges to logging plans, and facilitates access for logging companies to America’s 20 million acres of federal forests. [Associated Press, 12/3/2003; Natural Resources Defense Council, 12/3/2003; Associated Press, 12/4/2003]

Entity Tags: George W. Bush, US Forest Service, Bush administration (43)

Timeline Tags: US Environmental Record

Interior Secretary Gale Norton says her department intends to increase the number of permits granted each year for gas drilling on public lands in Wyoming’s Powder River Basin from 1,000 to 3,000 and “streamline” the permit review process. The decision is a response to complaints by energy companies that the review process for drilling permits on federal property is three times as long as that for drilling on private and state-owned lands. Critics warn that the quicker permit approval process will come at the expense of thorough environmental impact assessments. Drilling for gas wells in the northeastern Wyoming basin requires pumping groundwater to release the natural gas trapped in coal seams. This often causes the wells of local residents to run dry. [Associated Press, 1/22/2004]

Entity Tags: US Department of Interior, Bush administration (43), Gale A. Norton

Timeline Tags: US Environmental Record

The Bureau of Land Management (BLM) auctions off oil and gas leases for 14 parcels of federal land located near Dinosaur Monument in Colorado and Utah. The leases—totaling some 5,000 acres—include areas that were previously identified by the agency as having wilderness quality but which lost their protected status as part of a settlement between the state of Utah and the BLM (see April 11, 2003). A number of the leases—some selling for as little as $5 per acre—are purchased by contributors to President Bush’s 2004 reelection campaign. [Salt Lake Tribune, 2/14/2004; Washington Post, 3/1/2004] According to the Environmental Working Group, the area includes seven Mexican spotted owl habitats, 12 golden eagle habitats and four peregrine falcon habitats. [Washington Post, 3/1/2004; Environmental Working Group, 12/31/2005]

Entity Tags: Bush administration (43), Kathleen Clarke

Timeline Tags: US Environmental Record

The US Fish and Wildlife Service acknowledges that the Pacific fisher, a rare relative of weasels, otters and minks, is at risk of extinction and warrants federal protection, but says that the agency lacks the funds needed to adequately protect the species. The Fish and Wildlife Service says it will make the animal a candidate for listing as threatened or endangered under the Endangered Species Act. The Pacific fisher’s status will be reviewed annually until it is either added to the list or until the species’ population recovers to a level that no longer warrants federal protection. Critics complain that not only is the federal government failing in its obligation to protect endangered species, but it is pursuing policies that damage its habitat, such as the Bush administration’s forest preservation policies that encourage increased logging (see December 3, 2003). [Associated Press, 4/9/2004]

Entity Tags: Bush administration (43), US Fish and Wildlife Service

Timeline Tags: US Environmental Record

Lt. Col. Tucker Mansager tells reporters that the media will not be permitted access to secret detention facilities in Afghanistan, claiming that to do so would violate the prisoners’ rights under the Geneva Conventions. However in February 2002, the administration had denied “prisoner of war” status to all Taliban and al-Qaeda fighters captured in Afghanistan (see February 7, 2002) on grounds they were “illegal combatants.” Since then, the US has maintained that these prisoners are not protected by the Conventions. Nonetheless, Mansager explains: “Part of… spirit [of the Geneva Conventions] is to ensure that the persons under confinement are not subject to any kind of exploitation. It is the coalition’s position that allowing media into the facilities would compromise that protection.” [Reuters, 5/19/2004]

Entity Tags: Tucker Mansager

Timeline Tags: Torture of US Captives

The Washington Post reveals the existence of a secret August 2002 memo from the Justice Department. This memo advised the White House that torturing al-Qaeda terrorists in captivity “may be justified,” and that international laws against torture “may be unconstitutional if applied to interrogations” conducted in the US war on terrorism (see August 1, 2002). The legal reasoning was later used in a March 2003 report by Pentagon lawyers assessing interrogation rules governing the military detention center at Guantanamo Bay (see March 6, 2003). Bush officials say that despite the memo, it has abided by the Geneva Conventions and other international treaties proscribing torture (see February 7, 2002). The incidents at Abu Ghraib, where numerous Iraqi prisoners were tortured, maimed, and sometimes murdered, were not policy, officials say. Human rights organizations and civil libertarians are appalled at the memo. “It is by leaps and bounds the worst thing I’ve seen since this whole Abu Ghraib scandal broke,” says Tom Malinowski of Human Rights Watch. “It appears that what they were contemplating was the commission of war crimes and looking for ways to avoid legal accountability. The effect is to throw out years of military doctrine and standards on interrogations.” A senior Pentagon official says that the Judge Advocate Generals (JAGs) were quick to challenge the Justice Department opinion when it was promoted by the Pentagon. “Every flag JAG lodged complaints,” the official says. A senior military attorney says of the memo: “It’s really unprecedented. For almost 30 years we’ve taught the Geneva Convention one way. Once you start telling people it’s okay to break the law, there’s no telling where they might stop.” [Washington Post, 6/8/2004] Attorney General John Ashcroft tells the Senate Judiciary Committee that he will not discuss the contents of the August 2002 memo, nor turn it over to the committee. “I believe it is essential to the operation of the executive branch that the president has the opportunity to get information from the attorney general that is confidential,” he says. [Washington Post, 6/8/2004]

Entity Tags: Senate Judiciary Committee, Bush administration (43), Geneva Conventions, John Ashcroft, Tom Malinowski, US Department of Justice, Judge Advocate General Corps, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

To demonstrate that President Bush has never authorized torture against prisoners, the White House declassifies and releases a large number of internal documents, including the February 7, 2002 memo (see February 7, 2002) signed by Bush, and documents, inter alia from Gen. James T. Hill, showing that the US military interrogators were seeking more aggressive interrogation techniques. The disclosures are made, according to Alberto R. Gonzales, because the government “felt that it was harmful to this country, in terms of the notion that perhaps we may be engaging in torture.” [Washington Post, 6/23/2004]

Entity Tags: George W. Bush, Bush administration (43), Alberto R. Gonzales, James T. Hill

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Deputy Defense Secretary Gordon England, who for a year has advocated that the US issue clear rules about detention and interrogation of terror suspects (see Summer 2005), calls a meeting of three dozen Pentagon officials, including the vice chief and top uniformed lawyer for each military branch. England wants to discuss a proposed new directive defining the US military’s detention policies. The secretaries of the Army, Navy, and Air Force are present, as are generals from each branch of service and a number of military lawyers, including Naval General Counsel Alberto Mora. The agenda is set by Matthew Waxman, the deputy assistant secretary for detainee affairs. Waxman says that the president’s general statement that detainees should be treated humanely “subject to military necessity” (see February 7, 2002) has left US military interrogators and others unsure about how to proceed with detainees. Waxman has proposed making it official Pentagon policy to treat detainees in accordance with Common Article III of the Geneva Conventions, which bars cruel, inhuman, and degrading treatment, as well as “outrages against human dignity.” The standard has already been in effect since the Geneva Conventions were first put into place over 50 years ago, and US military personnel are trained to follow it. In 2007, the Washington Post will observe, “That was exactly the language… that [Vice President] Cheney had spent three years expunging from US policy.” Mora will later recall of the meeting, “Every vice chief came out strongly in favor, as did every JAG,” or Judge Advocate General.
Opposition - Every military officer supports the Waxman standard, but two civilians oppose it: Stephen Cambone, the undersecretary of defense for intelligence, and William Haynes, the Pentagon’s general counsel and a close associate of Cheney’s chief counsel, David Addington. Cambone and Haynes argue that the standard will limit the US’s “flexibility” in handling terror suspects, and it might expose administration officials to charges of war crimes. If Common Article III becomes the standard for treatment, then it might become a crime to violate it.
War Crimes Questions - An exasperated Mora points out that whether the proposal is adopted or not, the Geneva Conventions are already solidly part of both US and international law. Any serious breach is in legal fact a war crime. Mora reads from a copy of the US War Crimes Act, which already forbids the violation of Common Article III. It is already the law, Mora emphasizes, and no one is free to ignore it. Waxman believes his opponents are isolated, and issues a draft of DOD Directive 2310, incorporating the Geneva-based language.
Browbeating Waxman - Within a few days, Addington and Lewis “Scooter” Libby, Cheney’s chief of staff, bring Waxman in for a meeting. The meeting goes poorly for Waxman. Addington ridicules the vagueness of the Geneva ban on “outrages upon personal dignity,” saying it leaves US troops timid in the face of unpredictable legal risk. Waxman replies that the White House policy is far more opaque, and Addington accuses him of trying to replace the president’s decision with his own. Mora later says, “The impact of that meeting is that Directive 2310 died.” Shortly thereafter, Waxman will leave the Pentagon for a post at the State Department. [New Yorker, 2/27/2006; Washington Post, 6/25/2007]

Entity Tags: Alberto Mora, David S. Addington, Lewis (“Scooter”) Libby, William J. Haynes, War Crimes Act, Matthew Waxman, Gordon England, Richard (“Dick”) Cheney, US Department of Defense, Geneva Conventions, Stephen A. Cambone

Timeline Tags: Torture of US Captives, Civil Liberties

Douglas Feith.Douglas Feith. [Source: Whodidit.org]Law professor Phillippe Sands interviews Douglas Feith, the former undersecretary of defense for policy and one of the key architects of the Iraq invasion. [Vanity Fair, 5/2008] Feith is joining the School of Foreign Service at Georgetown University as a lecturer. [Washington Post, 5/25/2006] Feith discusses his great pride in his part in the administration’s decision to ignore the Geneva Conventions’ restrictions on interrogating prisoners (see February 7, 2002). Feith says that Geneva merely got in the way of the US doing what it needed to do with regards to the detainees. Since al-Qaeda and Taliban operatives did not function under Geneva, he argues, the US did not need to, either. Feith says that between his arguments and the contempt the civilians in the White House and the Pentagon held for the military officers who stood by the Geneva restrictions, the decision was made to set Geneva aside when circumstances warranted. It was never a matter of questioning Geneva’s status as international law, but deciding to whom and in what circumstances the conventions apply.
Catch 22 - Sands writes that according to Feith’s (and eventually the administration’s) rationale: “Geneva did apply to the Taliban, but by Geneva’s own terms Taliban fighters weren’t entitled to POW status, because they hadn’t worn uniforms or insignia. That would still leave the safety net provided by the rules reflected in Common Article 3—but detainees could not rely on this either, on the theory that its provisions applied only to ‘armed conflict not of an international character,’ which the administration interpreted to mean civil war. This was new. In reaching this conclusion, the Bush administration simply abandoned all legal and customary precedent that regards Common Article 3 as a minimal bill of rights for everyone.… I asked Feith, just to be clear: Didn’t the administration’s approach mean that Geneva’s constraints on interrogation couldn’t be invoked by anyone at Guantanamo? ‘Oh yes, sure,’ he shot back. Was that the intended result?, I asked. ‘Absolutely.… That’s the point.‘… As he saw it, either you were a detainee to whom Geneva didn’t apply or you were a detainee to whom Geneva applied but whose rights you couldn’t invoke.”
Impact on Interrogations - When asked about the difference for the purpose of interrogation, Sands will write: “Feith answered with a certain satisfaction, ‘It turns out, none. But that’s the point.’ That indeed was the point. The principled legal arguments were a fig leaf. The real reason for the Geneva decision, as Feith now made explicit, was the desire to interrogate these detainees with as few constraints as possible.” Reflecting on that time, Feith says with obvious relish, “This year I was really a player.” Sands asks Feith if he ever worried that the Geneva decision might have eroded the US’s moral authority. Feith’s response is blunt: “The problem with moral authority [is] people who should know better, like yourself, siding with the _ssholes, to put it crudely.” [Vanity Fair, 5/2008]

Entity Tags: Phillippe Sands, Geneva Conventions, Douglas Feith, Al-Qaeda, Georgetown University, Taliban

Timeline Tags: Torture of US Captives, Civil Liberties

Secretary of Interior Gale Norton resigns. In her resignation letter to President Bush she thanks him and praises him for “great work in the face of hurricanes, record-setting wildfires and droughts, acrimonious litigation, and expanded post 9/11 security responsibilities.” [CNN, 3/10/2006] Norton, who has been criticized by environmental groups for opening public lands up to timber (see December 11, 2002), mining, and oil and gas interests (see April 11, 2003, October 8, 2003, and January 21, 2004), will be hired as a key legal advisor for Royal Dutch Shell PLC in December. [New West, 12/27/2006]

Entity Tags: George W. Bush, Royal Dutch/Shell, Gale A. Norton

Timeline Tags: US Environmental Record

Daniel Dell’Orto.Daniel Dell’Orto. [Source: US Department of Defense]Shortly after the Supreme Court rules that the Geneva Conventions apply to detainees suspected of terrorist affiliations (see June 30, 2006), the Bush administration publicly agrees to apply the Conventions to all terrorism suspects in US custody, and the Pentagon announces that it is now requiring all military officials to adhere to the Conventions in dealing with al-Qaeda detainees. The administration says that from now on, all prisoners in US custody will be treated humanely in accordance with the Conventions, a stipulation that would preclude torture and “harsh interrogation methods.” Until the ruling, the administration has held that prisoners suspected of terrorist affiliations did not have the right to be granted Geneva protections (see February 7, 2002). Lawyer David Remes, who represents 17 Guantanamo detainees, says, “At a symbolic level, it is a huge moral triumph that the administration has acknowledged that it must, under the Supreme Court ruling, adhere to the Geneva Conventions. The legal architecture of the war on terror was built on a foundation of unlimited and unaccountable presidential power, including the power to decide unilaterally whether, when and to whom to apply the Geneva Conventions.” But in the wake of the ruling the administration is pressuring Congress to introduce legislation that would strip detainees of some of the rights afforded them under the Conventions, including the right to free and open trials, even in a military setting. “The court-martial procedures are wholly inappropriate for the current circumstances and would be infeasible for the trial of these alien enemy combatants,” says Steven Bradbury, the acting chief of the Justice Department’s Office of Legal Counsel. Bradbury and Daniel Dell’Orto, the Defense Department’s principal deputy attorney general, have repeatedly urged lawmakers to limit the rights of detainees captured in what the administration terms its war on terrorism. Dell’Orto says Congress should not require that enemy combatants be provided lawyers to challenge their imprisonment. Congressional Democrats have a different view. Senate Judiciary Chairman Patrick Leahy (D-VT) says, “I find it hard to fathom that this administration is so incompetent that it needs kangaroo-court procedures to convince a tribunal of United States military officers that the ‘worst of the worst’ imprisoned at Guantanamo Bay should be held accountable” for crimes. “We need to know why we’re being asked to deviate from rules for courts-martial.” [Washington Post, 7/12/2006]

Entity Tags: US Department of Justice, US Supreme Court, US Department of Defense, Patrick J. Leahy, Al-Qaeda, Daniel J. Dell’Orto, David Remes, Geneva Conventions, Office of Legal Counsel (DOJ), Steven Bradbury

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

Two senior Bush administration officials reflect on the executive order denying any Geneva Convention protections to Taliban and al-Qaeda detainees (see February 7, 2002). Jack Goldsmith, formerly head of the Office of Legal Counsel (OLC) at the Justice Department, says: “To conclude that the Geneva Conventions don’t apply—it doesn’t follow from that, or at least it shouldn’t, that detainees don’t get certain rights and certain protections. There are all sorts of very, very good policy reasons why they should have been given a rigorous legal regime whereby we could legitimatize their detention. For years there was just a giant hole, a legal hole of minimal protections, minimal law.” Lawrence Wilkerson, the chief of staff for Secretary of State Colin Powell, recalls: “Based on what the secretary and [State Department legal adviser William] Taft were telling me, I think they both were convinced that they had managed to get the president’s attention with regard to what they thought was the governing document, the Geneva Conventions. I really think it came as a surprise when the February memo was put out. And that memo, of course, was constructed by [Cheney chief counsel David] Addington, and I’m told it was blessed by one or two people in OLC. And then it was given to [Vice President] Cheney, and Cheney gave it to the president. The president signed it.” [Vanity Fair, 2/2009]

Entity Tags: Lawrence Wilkerson, Jack Goldsmith

Timeline Tags: Civil Liberties

Karen Greenberg, the executive director of the Center on Law and Security at the New York University School of Law, asks when the Obama administration intends on closing down the detention facility at Bagram Air Force Base (see October 2001). The facility has been the site of repeated torture and brutalization of prisoners (see January 2002, March 15, 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, December 26, 2002, Beginning 2003, February 2003, Spring 2003, October 2004, and May 20, 2005). Greenberg calls it a “far grimmer and more important American detention facility” than Guantanamo.
Little Information on Prisoners - Greenberg is unable to elicit specific information about how many prisoners are currently incarcerated at Bagram, who they are, where they are from, how they are classified—prisoners of war, enemy combatants, “ghost” detainees—how they are being treated, what human rights organizations have access to them, or what, if any, legal proceedings they have been put through. “It turns out that we can say very little with precision or confidence about that prison facility or even the exact number of prisoners there,” she writes. “News sources had often reported approximately 500-600 prisoners in custody at Bagram, but an accurate count is not available. A federal judge recently asked for ‘the number of detainees held at Bagram Air Base; the number of Bagram detainees who were captured outside Afghanistan; and the number of Bagram detainees who are Afghan citizens,’ but the information the Obama administration offered the court in response remains classified and redacted from the public record. We don’t even know the exact size of the prison or much about the conditions there, although they have been described as more spartan and far cruder than Guantanamo’s in its worst days. The International Committee of the Red Cross has visited the prison, but it remains unclear whether they were able to inspect all of it. A confidential Red Cross report from 2008 supposedly highlighted overcrowding, the use of extreme isolation as a punishment technique, and various violations of the Geneva Convention.”
Plans to Expand Facility - Greenberg says that the government is planning a large expansion of the Bagram facility, which is envisioned as holding up to 1,100 prisoners. She recommends:
bullet The administration stop being secretive about Bagram and release complete information on the prisoners being held there, or at the very least admit why some information cannot be released. “Otherwise, the suspicion will always arise that such withheld information might be part of a cover-up of government incompetence or illegality.”
bullet The reclassification of all detainees as “prisoners of war” who are protected under the Geneva Conventions. “Currently, they are classified as enemy combatants, as are the prisoners at Guantanamo, and so, in the perverse universe of the Bush administration, free from any of the constraints of international law. The idea that the conventions are too ‘rigid’ for our moment and need to be put aside for this new extra-legal category has always been false and pernicious, primarily paving the way for the use of ‘enhanced interrogation techniques.’”
bullet The rejection of the idea of “ghost prisoners” at Bagram or anywhere else. “The International Committee of the Red Cross must be granted access to all of the prisons or prison areas at Bagram, while conditions of detention there should be brought into accordance with humane treatment and standards.”
bullet The re-establishment of a presumption of innocence. “The belief that there is a categorical difference between guilt and innocence, which went by the wayside in the last seven years, must be restored. All too often, the military brass still assumes that if you were rounded up by US forces, you are, by definition, guilty. It’s time to change this attitude and return to legal standards of guilt.”
Greenberg concludes: “In the Bush years, we taught the world a series of harmful lessons: Americans can be as cruel as others. Americans can turn their backs on law and reciprocity among nations as efficiently as any tribally organized dictatorship. Americans, relying on fear and the human impulse toward vengeance, can dehumanize other human beings with a fervor equal to that of others on this planet. It’s time for a change. It’s time, in fact, to face the first and last legacy of Bush detention era, our prison at Bagram Air Base, and deal with it.” [TomDispatch (.com), 3/5/2009]

Entity Tags: Bush administration (43), Geneva Conventions, Obama administration, Karen Greenberg

Timeline Tags: Torture of US Captives

Georgetown University law professor Jonathan Turley writes of the “interesting” statement then-President Bush made in the days preceding the US invasion of Iraq. Bush told the Iraqi military and its citizenry, “War crimes will be prosecuted, war criminals will be punished, and it will be no defense to say, ‘I was just following orders’” (see March 17, 2003). Turley also notes Bush’s statement against torture made three months after the invasion (see June 26, 2003). According to Turley, “Bush gave a standard that showed that he and his administration knew that there is no ‘good faith defense’ in committing war crimes.” [Jonathan Turley, 4/29/2009]

Entity Tags: George W. Bush, Jonathan Turley

Timeline Tags: Torture of US Captives

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