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The envelope to the New York Post anthrax letter.The envelope to the New York Post anthrax letter. [Source: FBI]The 2006 book Hubris by Michael Isikoff and David Corn will reveal that, at some point in October 2001, “[Counterterrorism “tsar” Wayne] Downing, [Deputy Defense Secretary Paul] Wolfowitz, and other proponents of a war with Iraq thought they had yet more ammunition for the case against Saddam” Hussein in the form of the anthrax attacks (see October 5-November 21, 2001). Author Laurie Mylroie, who had long suggested Iraq was behind numerous terrorist attacks against the US and whose ideas are influential with Wolfowitz and other Bush administration officials (see October 2000 and Late July or Early August 2001), quickly asserts that Iraq is behind the anthrax attacks as well. “An early forensic test of the anthrax letters (which was later disputed) appeared to show that the anthrax spores were highly refined and ‘weaponized.’ To the Iraq hawks, the news was electric. ‘This is definitely Saddam!’ Downing shouted to several White House aides. One of these aides later recalled overhearing Downing excitedly sharing the news over the phone with Wolfowitz and [Douglas] Feith. ‘I had the feeling they were high-five-ing each other,’ the White House official said.” [Isikoff and Corn, 2006]

Entity Tags: Paul Wolfowitz, Laurie Mylroie, Douglas Feith, Wayne Downing

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, 2001 Anthrax Attacks

Vice President Cheney chairs a National Security Council meeting because President Bush is overseas. According to journalist Bob Woodward, who later interviews many participants in the meeting, the topic of the recent anthrax attacks is discussed (see October 5-November 21, 2001). CIA Director George Tenet suggests that al-Qaeda is behind the attacks. He also adds, “I think there’s a state sponsor involved. It’s too well thought out, the powder’s too well refined. It might be Iraq, it might be Russia, it might be a renegade scientist,” perhaps from Iraq or Russia. Vice President Cheney’s chief of staff I. Lewis Libby also suggests the anthrax attacks were state sponsored. “We’ve got to be careful on what we say. If we say it’s al-Qaeda, a state sponsor may feel safe and then hit us thinking they will have a bye because we’ll blame it on al-Qaeda.” Tenet replies, “I’m not going to talk about a state sponsor.” Vice President Cheney comments, “It’s good that we don’t, because we’re not ready to do anything about it.” [Woodward, 2002, pp. 244] No strong evidence will emerge tying the attacks to al-Qaeda or any state sponsor. The anthrax attacks still remain completely unsolved.

Entity Tags: George J. Tenet, Bob Woodward, National Security Council, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 2001 Anthrax Attacks

Senator John McCain (R-AZ) appears on the Late Show with David Letterman. Asked on how the recent US invasion of Afghanistan is progressing, McCain says, “I think we’re doing fine… The second phase… the second phase is Iraq. There is some indication, and I don’t have the conclusions, but some of this anthrax may—and I emphasize may—have come from Iraq.… If that should be the case, that’s when some tough decisions are gonna have to be made.” [Think Progress, 8/1/2008]

Entity Tags: John McCain

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

Former US soldier and UN weapons inspector Scott Ritter decries efforts to blame the recent anthrax attacks (see October 5-November 21, 2001) on the Iraqi government. Ritter was a UN weapons inspector in Iraq until 1998, when inspections stopped. He points out that during these inspections, Iraq’s biological weapons programs were completely dismantled. For instance, al Hakum, Iraq’s biological weapons production facility where all its anthrax was produced, was blown up and all its equipment was destroyed (see 1998). He also says that when Iraq did have an anthrax program, it exclusively used the Vollum strain of anthrax, whereas evidence already points to the likelihood that the anthrax attacks used the US-based Ames strain. Ritter concludes: “Those who have suggested that Iraq is the source of the anthrax used in the current attacks—including Richard Butler, a former chairman of the UN weapons inspection effort—merely fan the flames of fear and panic. There is no verifiable link whatever and it is irresponsible for someone of Mr Butler’s stature to be involved in unsubstantiated speculation.” [Guardian, 10/19/2001]

Entity Tags: Scott Ritter, Richard Butler

Timeline Tags: 2001 Anthrax Attacks

The Justice Department’s John Yoo and Robert Delahunty issue a memo to White House counsel Alberto Gonzales claiming President Bush has sweeping powers in wartime that essentially void large portions of the Constitution. The memo, which says that Bush can order military operations inside the US (see October 23, 2001), also says that Bush can suspend First Amendment freedoms: “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” It adds that “the current campaign against terrorism may require even broader exercises of federal power domestically.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]

Entity Tags: John C. Yoo, George W. Bush, Robert J. Delahunty, US Department of Justice, Alberto R. Gonzales

Timeline Tags: Civil Liberties

Wayne Allard.Wayne Allard. [Source: Publicity photo]General Ralph Eberhart, the commander of the North American Aerospace Defense Command (NORAD), appears before the Senate Armed Services Committee and gives NORAD’s account of the events of September 11 and the military’s response to the terrorist attacks that day, but the 9/11 Commission will later find that some of the information he provides is incorrect. [US Congress. Senate, 10/25/2001; 9/11 Commission, 7/29/2004; Farmer, 2009, pp. 248] Eberhart was at NORAD headquarters at Peterson Air Force Base, Colorado, and then went to NORAD’s operations center in Cheyenne Mountain when the 9/11 attacks were taking place. [9/11 Commission, 3/1/2004 pdf file; 9/11 Commission, 3/1/2004] NORAD released a timeline of its response to the hijackings on September 18 (see September 18, 2001) and Eberhart’s testimony is consistent with that account. [North American Aerospace Defense Command, 9/18/2001]
Eberhart Says Fighters Were Scrambled in Response to First Hijacking - During the hearing, Eberhart tells Senator Wayne Allard (R-CO) that after the Federal Aviation Administration (FAA) alerted NORAD to the first hijacking, of Flight 11 (see (8:37 a.m.) September 11, 2001), NORAD ordered two F-15 fighter jets to take off from Otis Air National Guard Base in Cape Cod, Massachusetts (see 8:46 a.m. September 11, 2001), “almost simultaneously to the first crash” at the World Trade Center (see 8:46 a.m. September 11, 2001). Eberhart says that after he learned a plane had hit the WTC, he was initially unsure if that plane was Flight 11. “I’m sitting there hoping that someone has made a mistake; there has been an accident; that this isn’t the hijacked airplane [that hit the WTC], because there is confusion,” he recalls. He says he was informed that “it was a light commuter airplane” that hit the WTC, although, he says, it “didn’t look like that was caused by a light commuter airplane.”
Fighters Didn't Have Enough Time to Stop Second Crash - Eberhart says the FAA notified NORAD that there was “a second hijacked plane”—referring to Flight 175—“somewhere in there,” but although the Otis fighters were “flying toward New York” after being scrambled, they were still eight minutes away from the city when Flight 175 crashed into the WTC at 9:03 a.m. (see 9:03 a.m. September 11, 2001). “Tragically, there was just too much distance between Otis and New York City to get there in time,” Eberhart comments.
Eberhart Says NORAD Learned Flight 77 Was Hijacked before It Crashed - Eberhart says the first documented instance NORAD has of the FAA notifying it about Flight 77, the third aircraft to be hijacked, was at 9:24 a.m. After the hearing, in responses submitted for the record, Eberhart adds that the FAA notified NORAD’s Northeast Air Defense Sector (NEADS) that Flight 77 “was headed towards Washington, DC.” NEADS, he states, “then passed this information to NORAD’s Air Warning Center and Command Center in Cheyenne Mountain, and to the Continental US NORAD Region’s Regional Air Operations Center.”
Fighters Were Scrambled Too Late to Prevent the Pentagon Attack - Eberhart says NORAD launched two F-16 fighters from Langley Air Force Base in Virginia “as soon as” the FAA alerted it to the hijacking of Flight 77 (see 9:24 a.m. September 11, 2001). However, he says, these fighters were still “approximately 13 minutes away from Washington, DC, when that tragic crash [at the Pentagon] occurred.”
Eberhart Is Unaware of Reason for FAA's Delay in Contacting NORAD - Senator Carl Levin (D-MI) tells Eberhart: “The timeline that we’ve been given is that at 8:55 on September 11, American Airlines Flight 77 began turning east, away from its intended course. And at 9:10, Flight 77 was detected by the FAA radar over West Virginia heading east. That was after the two planes had struck the World Trade Center towers. Then 15 minutes later, at 9:25, the FAA notified NORAD that Flight 77 was headed toward Washington.” In light of this, he asks, “[D]o you know why it took 15 minutes for the FAA to notify NORAD?” Eberhart replies: “I do not know, sir, why it took that amount of time for FAA. I hate to say it, but you’ll have to ask FAA.” Senator John Warner (R-VA), who has an extensive military background, tells Eberhart he is “a little bit stunned that you don’t know why that delay occurred.” He continues, saying, “I would have thought by now all of you in this chain would have gone back, rehearsed these things, figured out what happened, what went wrong, so that we ensure it won’t happen again.” In his responses submitted for the record, Eberhart suggests possible reasons for the delay, stating that after the FAA lost radar contact with Flight 77, it “began to receive calls from outside agencies with reports of a possible downed aircraft. Additionally, the loss of radio contact with the aircraft added to the confusion.” Consequently, he states, “I believe the FAA was faced with conflicting information, which hindered them from making an accurate assessment of the actual location of the aircraft.”
Eberhart Says NORAD Was Following Flight 93 before It Crashed - Eberhart says NORAD was aware of the problems with Flight 93, the fourth hijacked plane, before it crashed in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). He tells Allard that the FAA “knew before it deviated its flight pattern” that Flight 93 “was hijacked.” He says NORAD had been “trying to decide, initially, if that flight was going to continue west and if there was some other target for that flight. Was it Chicago? Was it St. Louis? And what might we do to launch an aircraft to intercept it.” But he says that after the FAA reacquired Flight 93 on radar, NORAD thought the plane “was headed probably for Washington, DC, but maybe New York.” He says NORAD decided at that time to keep the Otis and Langley fighters in place over New York and Washington. If another suspicious plane was approaching, he says, “our intent was to go out and meet that aircraft and destroy it if we needed to, if it entered either Washington, DC, or New York City airspace.” However, in his responses submitted for the record, Eberhart states that the “data/log entries received by NORAD from the FAA [after September 11] do not show a time or entry indicating the FAA specifically notified the Pentagon that United Airlines Flight 93 was hijacked.” He also states that NORAD “did not notify” the National Military Command Center (NMCC) at the Pentagon that Flight 93 had been hijacked.
9/11 Commission Disputes Some of Eberhart's Claims - Several claims Eberhart makes in the hearing will be contradicted by evidence uncovered by the 9/11 Commission during its investigation of the terrorist attacks. Whereas Eberhart says the military was first notified about the hijacking of Flight 77 at 9:24 a.m. and implies that this notification prompted the scrambling of fighters from Langley Air Force Base, according to John Farmer, the senior counsel to the 9/11 Commission, “[T]he first notification regarding American 77 occurred at 9:34, when it was reported ‘lost’” (see 9:34 a.m. September 11, 2001). [US Congress. Senate, 10/25/2001; Farmer, 2009, pp. 248-254] The notice NEADS received at 9:24 a.m., according to the 9/11 Commission Report, was the incorrect claim that Flight 11 “had not hit the World Trade Center and was heading for Washington, DC” (see 9:21 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 34] Consequently, Farmer will write, “the scramble of the Langley fighters did occur as an immediate reaction to a notification about hijacking, but that notification was not, as [Eberhart’s] testimony implies, a report that American 77 was hijacked, but the report that American 11 was still airborne and heading for Washington.” And while Eberhart claims the FAA told NEADS that Flight 77 was heading toward Washington, according to Farmer: “The FAA never notified NEADS that American 77 was heading for Washington, DC. There is no such notification recorded on any tape or in any log maintained at NEADS or at NORAD.” Furthermore, while Eberhart claims the military was following Flight 93 on radar before it crashed and was in position to shoot it down if it approached Washington, Farmer will write that “in fact, NEADS never located United 93 on radar, because the plane had already crashed by the time NEADS was notified.” [Farmer, 2009, pp. 251, 254-255]

Entity Tags: John W. Warner, Carl Levin, Ralph Eberhart, North American Aerospace Defense Command, Senate Armed Services Committee, Wayne Allard

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

October 26, 2001: USA Patriot Act Becomes Law

President Bush signs the Patriot Act into law.President Bush signs the Patriot Act into law. [Source: White House]President Bush signs the USA Patriot Act (see October 2, 2001) into law. The act’s provisions include:
bullet 1) Non-citizens can be detained and deported if they provide “assistance” for lawful activities of any group the government chooses to call a terrorist organization. Under this provision the secretary of state can designate any group that has ever engaged in violent activity as a terrorist organization. Representative Patsy Mink (D-HI) notes that in theory supporters of Greenpeace could now be convicted for supporting terrorism. [San Francisco Chronicle, 11/12/2001]
bullet 2) Immigrants can be detained indefinitely, even if they are found not to have any links to terrorism. They can be detained indefinitely for immigration violations or if the attorney general decides their activities pose a danger to national security. They need never be given a trial or even a hearing on their status. [San Francisco Chronicle, 9/8/2002]
bullet 3) Internet service providers can be ordered to reveal the websites and e-mail addresses that a suspect has communicated to or visited. The FBI need only inform a judge that the information is relevant to an investigation. [Village Voice, 11/26/2001; San Francisco Chronicle, 9/8/2002]
bullet 4) The act “lays the foundation for a domestic intelligence-gathering system of unprecedented scale and technological prowess.” [Washington Post, 11/4/2001] It allows the government to access confidential credit reports, school records, and other records, without consent or notification. [San Francisco Chronicle, 9/8/2002] All of this information can now be given to the CIA, in violation of the CIA’s mandate prohibiting it from spying within the US. [Village Voice, 11/26/2001]
bullet 5) Financial institutions are encouraged to disclose possible violations of law or “suspicious activities” by any client. The institution is prohibited from notifying the person involved that it made such a report. The term “suspicious” is not defined, so it is up to the financial institutions to determine when to send such a report.
bullet 6) Federal agents can easily obtain warrants to review a library patron’s reading and computer habits (see January 2002). [Village Voice, 2/22/2002] Section 215 allows the FBI to ask the Foreign Intelligence Surveillance Court (FISC) for an order to obtain documents relating to counterterrorism investigations without meeting the usual standard of legal “probable cause” that a crime may have been committed. Senator Russ Feingold (D-WI—see October 9, 2001) says that Section 215 can allow the FBI to “go on a fishing expedition and collect information on virtually anyone.” Librarians will make Section 215 the centerpiece of their objections to the Patriot Act, arguing that the government can now “sweep up vast amounts of information about people who are not suspected of a crime.” In 2005, one librarian will say, “It reminds me of the Red Scare of the 1950s.” However, some FBI officials find it easier to use provisions of Section 505, which expands the usage of so-called “national security letters” (see November 28, 2001). [Roberts, 2008, pp. 39-40]
bullet 7) The government can refuse to reveal how evidence is collected against a suspected terrorist defendant. [Tampa Tribune, 4/6/2003]
Passes with No Public Debate - The law passes without public debate. [Village Voice, 11/9/2001; Village Voice, 11/26/2001] Even though it ultimately took six weeks to pass the law, there were no hearings or congressional debates. [Salon, 3/24/2003] Congressman Barney Frank (D-MA) says: “This was the least democratic process for debating questions fundamental to democracy I have ever seen. A bill drafted by a handful of people in secret, subject to no committee process, comes before us immune from amendment” (see October 2-4, 2001 and October 24, 2001). [Village Voice, 11/9/2001] Only 66 congresspeople, and one senator, Feingold, vote against it. Few in Congress are able to read summaries, let alone the fine print, before voting on it. [Los Angeles Times, 10/30/2001] Feingold says, “The new law goes into a lot of areas that have nothing to do with terrorism and have a lot to do with the government and the FBI having a wish list of things they want to do.” [Village Voice, 11/9/2001] Supporters of the act point out that some of its provisions will expire in four years, but in fact most provisions will not expire. [Chicago Tribune, 11/1/2001]
Mounting Opposition - One year later, criticism of the law will grow. [San Francisco Chronicle, 9/8/2002] Dozens of cities will later pass resolutions criticizing the Patriot Act (see January 12, 2003).

Entity Tags: George W. Bush, USA Patriot Act, Foreign Intelligence Surveillance Court, US Congress, Patsy Mink, Russell D. Feingold, Barney Frank

Timeline Tags: Complete 911 Timeline, Civil Liberties

The US government no longer thinks al-Qaeda is behind the anthrax attacks (see October 5-November 21, 2001). The Washington Post reports in a front-page story: “Top FBI and CIA officials believe that the anthrax attacks… are likely the work of one or more extremists in the United States who are probably not connected to Osama bin Laden’s al-Qaeda terrorist organization, government officials said yesterday.” An unnamed senior official adds, “Everything seems to lean toward a domestic source… Nothing seems to fit with an overseas terrorist type operation.” The Post suggests neo-Nazi and/or right-wing hate groups could be behind it. [Washington Post, 10/27/2001] Not long after, the FBI releases a profile of the perpetrator of the anthrax attacks. He is suspected of being a lone, male domestic terrorist, with a scientific background and laboratory experience who could handle hazardous materials. [St. Petersburg Times, 11/10/2001]

Entity Tags: Central Intelligence Agency, Osama bin Laden, Federal Bureau of Investigation, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

Robert Bartley, conservative editor of The Wall Street Journal, writes an editorial in his newspaper strongly suggesting that Iraq is behind the recent anthrax attacks (see October 5-November 21, 2001). He cites former CIA Director James Woolsey, who says the possibility should be considered that “the attacks—whether perpetrated by bin Laden and his associates or by others—were sponsored, supported, and perhaps even ordered by Saddam Hussein.” He also draws on the controversial and eventually discredited theories of Laurie Mylroie, for instance claiming that Iraq was behind the 1993 WTC bombing (see February 26, 1993), and the controversial and eventually discredited reports that 9/11 hijacker Mohamed Atta met with an Iraqi spy in Prague. He concludes, “Saddam Hussein has the motive, means and opportunity to mount terrorism, and the anthrax attacks fit his modus operandi. There is plenty of reason to presume he’s behind the current attacks, with bin Laden and his al-Qaeda network as a front or ally. In any event, given his capabilities and intentions, he remains a threat to American lives as long as he’s at large.” [Wall Street Journal, 10/29/2001]

Entity Tags: Laurie Mylroie, Robert Bartley, James Woolsey

Timeline Tags: 2001 Anthrax Attacks

Deputy White House counsel Timothy Flanigan presents his subordinate, associate counsel Bradford Berenson, with a draft presidential order he has written establishing military tribunals for suspected terrorists. The draft order declares that President Bush is invoking his wartime powers as commander in chief to establish a system of military tribunals, sometimes called military commissions.
Commissions More 'Flexible' - In the White House’s view, military tribunals offer several advantages over either civilian court trials or military courts-martial, as is being discussed in the interagency working group on prosecuting terrorists at the State Department (see Shortly Before September 23, 2001). Civilian trials would be subject to public scrutiny and media spectacle, and would pose a problem of security risks. Military courts-martial are quite rigid in their procedures and rules of evidence. Military commissions, as envisioned by Flanigan and the two other White House lawyers who put together the scheme—Berenson and David Addington, the chief counsel for Vice President Cheney—would offer more “flexibility” for the use of evidence gathered either under battlefield conditions or in interrogations, evidence that might not meet the standards of either a court-martial or a civilian trial. And, as author Charlie Savage will later note, “commissions enhanced presidential power by concentrating the process in the executive branch alone.”
A 'Relic' - Savage will explain: “Under normal trials, Congress defines a crime and sets the sentence for it; the executive branch investigates and prosecutes people who are accused of committing the crime; and the judicial branch runs the trial, decides whether to admit evidence, determines whether the defendant is guilty or innocent, and hears any appeal. With a military commission, all these powers were collapsed into the hands of the armed forces and, ultimately, their commander in chief. Although fairly common in nineteenth-century conflicts, military commissions were a relic: They had not been used by the United States since World War II.”
Support from Justice Department Lawyer - Their work will be bolstered when Justice Department lawyer Patrick Philbin issues a secret memo declaring that the president has the inherent authority to order military commissions (see November 6, 2001). Flanigan, Berenson, and Addington never inform the interagency working group of their own work, although they made use of the working group’s research. Flanigan, Berenson, and Addington cite Philbin’s memo as the definitive word on the president’s authority. When President Bush announces the order establishing the commissions (see November 13, 2001), the order abruptly short-circuits the interagency working group and renders its work irrelevant. [Savage, 2007, pp. 134-135]

Entity Tags: Patrick F. Philbin, Bush administration (43), Bradford Berenson, Charlie Savage, George W. Bush, US Department of State, David S. Addington, Richard (“Dick”) Cheney, Timothy E. Flanigan

Timeline Tags: Civil Liberties

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

Entity Tags: Amer el-Azizi, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

In conjunction with the Federalist Society, the Heritage Foundation publishes a legal paper that appears to reflect much of the thinking at this time of prominent White House and Justice Department lawyers. The paper espouses the use of military commissions, arguing that this will offer the government several advantages. “In particular,” the paper’s authors argue, “trials before military tribunals need not be open to the general public and they may be conducted on an expedited basis, permitting the quick resolution of individual cases and avoiding the disclosure of highly sensitive intelligence material, which would have to be made public in an ordinary criminal trial.” The disadvantage of a normal trial would be that they would be limited by constitutional rules with regard to “what can be done to protect classified information.” In addition, in “federal district courts, the government has an obligation under Article III and the Sixth Amendment to conduct a ‘public trial’ and present to the jury, in open court, the facts on which it is relying to establish a defendant’s guilt.” But the authors do acknowledge that “[t]he use of military commissions with respect to individuals not regularly enrolled in a military force, represents a clear departure from normal legal processes and some of America’s most fundamental judicial traditions.” Surprisingly, the Geneva Conventions of 1949 are not mentioned even once. Almost in passing, the authors suggest an option that is to become reality. “[I]t is likely,” they write, “that the Supreme Court would allow the trial overseas by military commission of al-Qaeda members captured in Afghanistan, regardless of how it would treat defendants in this country.” [Rivkin, Casey, and Bartram, 11/5/2001; Rivkin, Casey, and Bartram, 11/5/2001] It is an indication that by this time the government contemplates using the US Naval Station at Guantanamo Bay, which is formally on Cuban soil, to accommodate suspected al-Qaeda and Taliban detainees.

Entity Tags: US Department of Justice, Geneva Conventions, Heritage Foundation, Federalist Society, Bush administration (43)

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

In a speech, President Bush refers to the 9/11 attacks as the “first attack,” and then discusses the recent anthrax attacks (see October 5-November 21, 2001). “The second attack against America came in the mail. We do not know whether this attack came from the same terrorists. We don’t know the origin of the anthrax. But whoever did this unprecedented and uncivilized act is a terrorist.” [New York Times, 11/8/2001]

Entity Tags: George W. Bush

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

William J. Haynes.William J. Haynes. [Source: US Defense Department]William J. Haynes, Defense Secretary Donald Rumsfeld’s general counsel, shows a draft of a presidential order establishing military commissions to Colonel Lawrence J. Morris, a judge advocate general (JAG) attorney with strong experience in military justice and the laws of war. Morris heads a Pentagon legal team that has so far been excluded from the discussion on how suspected terrorists should be prosecuted. Col. Morris is given just 30 minutes to read the draft but is not allowed to keep a copy or even take notes. The next day, the Army’s Judge Advocate General, Major General Thomas J. Romig, hastily convenes a meeting of Pentagon lawyers to prepare suggestions for improvement, with an eye on bringing the order closer to existing military legal standards. The final order, however, includes none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: Lawrence J. Morris, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: William J. Haynes, Colin Powell, George W. Bush, John Ashcroft, Condoleezza Rice, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]

Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper

Timeline Tags: Civil Liberties

Asif Kasi.Asif Kasi. [Source: New York Times / Jessica Kourkounis]The FBI investigates three Pakistani-born city officials in Chester, Pennsylvania, for possible roles in the recent anthrax attacks (see October 5-November 21, 2001). The three are Asif Kazi, an accountant in the city’s finance department, Dr. Irshad Shaikh, the city’s health commissioner, and his brother Dr. Masood Shaikh, who runs the city’s lead-abatement program. Kazi is in his city hall office when FBI agents burst in and interrogate him. He is questioned for hours about an unknown liquid he had been seen carrying out of his house. In fact, the dishwasher had broken down and he was bailing out his kitchen. Meanwhile, agents with drawn guns knock down the front door to his house while his wife is cooking in the kitchen. Dozens of boxes are carried out of the house. Agents in bioprotection suits also search the Shaikh brothers’ house and carry away their computers. None of the three ever had any connection to anthrax and none of them are arrested. The searches are national news for several days, severely damaging their reputations. Three days after the raid, an FBI agent tells the Washington Post that the raid did not pan out. The FBI learns that a disgruntled employee had called in a bogus tip. But the FBI never publicly clears them. [Washington Post, 11/15/2001; Newsweek, 8/4/2002; New York Times, 8/9/2008] Even a year later, an FBI spokesperson says the raids are still “a pending matter.” [Associated Press, 9/5/2002] Trouble for the three men will continue. The Shaikh brothers’ applications for US citizenship is blocked, their visas run out, and they both eventually have to leave the US. Kazi is already a US citizen, but he is put on a no-fly watch list. He is searched and interrogated for a couple of hours every time he travels in or out of the US. His name will finally be taken off the list in 2007. [New York Times, 8/9/2008]

Entity Tags: Asif Kazi, Masood Shaikh, Irshad Shaikh, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).

Entity Tags: George W. Bush, John Bellinger, Donald Rumsfeld, Colin Powell, Condoleezza Rice, David S. Addington, Alberto R. Gonzales, William J. Haynes, Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Civil Liberties

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives

President Bush’s order to establish military tribunals, or commissions, to try suspected terrorists (see November 13, 2001) is defended by Vice President Cheney, who tells reporters that the suspects subjected to such tribunals “don’t deserve to be treated as prisoners of war. They don’t deserve the same guarantees and safeguards we use for an American citizen.” Law professor Douglas Kmiec agrees. “This is the answer for what we’re dealing with: unlawful belligerents who do not come within our constitutional structure,” he says. “The president’s order is not extraordinary when one places it in the context of historic military campaigns.” Civil libertarians and administration critics disagree. Representative John Conyers (D-MI) says military commissions are based on the “thinnest legal precedents” and would “antagonize our allies and alienate the many legal immigrants in this country.” Law professor Anne-Marie Slaughter notes: “President Bush has said this is a war to bring terrorists to justice. So the real question is, what’s justice? That requires a fair trial and proof beyond a reasonable doubt, and that is not the aim of a military tribunal.” A better option, she says, would be convening an international war crimes tribunal. And law professor Joshua Rosenkranz says: “There is a natural temptation to hunker down whenever we are in crisis. But there is a danger that this hysteria-driven effort to protect to ourselves is weakening the foundations of our democracy.” [USA Today, 11/15/2001]

Entity Tags: Richard (“Dick”) Cheney, Anne-Marie Slaughter, Douglas Kmiec, Joshua Rosenkranz, John Conyers, George W. Bush

Timeline Tags: Civil Liberties

The UN Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, sends an urgent appeal to Washington regarding President Bush’s November 13 military order (see November 13, 2001). [BBC Radio 4, 7/13/2003]

Entity Tags: Param Cumaraswamy, Colin Powell, George W. Bush

Timeline Tags: Torture of US Captives

Suspected al-Qaeda operative Mohammed Saad Iqbal Madni (see Early January-January 9, 2002) flies from Pakistan to Jakarta, where he used to live as a teenager. He allegedly worked on a shoe bomb plot with Richard Reid (see December 22, 2001). [Washington Post, 3/11/2002] He will soon be arrested by Indonesian authorities at the request of the CIA (see Early January-January 9, 2002).

Entity Tags: Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives

Scorching criticism of President Bush’s Executive Order (see November 13, 2001) comes from the Center for National Security Studies, which says it “violates separation of powers as the creation of military commissions has not been authorized by the Congress and is outside the president’s constitutional powers.” The order is also an “unconstitutional attempt to suspend the writ of habeas corpus.” [Center for National Security Studies, 11/19/2001] Law professor Kathleen Clark similarly states: “These military tribunals are troubling in many respects, particularly in their denial of basic due process protection for defendants. But even apart from this question of civil liberties, this presidential order is unconstitutional because the president lacks the authority under the constitution and statutory law to create this kind of court.” [Center for Democracy and Technology, 11/19/2001]

Entity Tags: Kathleen Clark, Center for National Security Studies

Timeline Tags: Torture of US Captives, Civil Liberties

Justice Department lawyer John Yoo, an official with the Office of Legal Counsel (OLC), issues a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but its existence will be revealed in a June 2007 deposition filed in the course of an American Civil Liberties Union (ACLU) lawsuit. The memo is known to cover the War Crimes Act, the Hague Convention, the Geneva Conventions, the federal criminal code, and detainee treatment. [American Civil Liberties Union [PDF], 1/28/2009 pdf file] It is co-authored by OLC special counsel Robert Delahunty. [ProPublica, 4/16/2009]

Entity Tags: Robert J. Delahunty, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo, US Department of Justice

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

Salim Hamdan is captured in Afghanistan. [Guantanamo Military Commissions, 11/20/2007 pdf file] Hamdan is an Arab who has lived in Afghanistan for some time and has some knowledge about al-Qaeda and its operations there. He will later become well known after he is transferred to Guantanamo and engages in a series of legal battles to gain his freedom (see November 8, 2004 and June 30, 2006). [USA Today, 7/24/2008; Reuters, 7/24/2008] At some point, he is handed over to the FBI. However, agents for the bureau do not read him his Miranda rights. “Our policy at the time was not to read Miranda rights,” FBI special agent Robert Fuller will say in testimony at a US military commission hearing for Hamdan. Reuters will later write, “Similar warnings must be given to suspects in US military custody, and suspects overseas who may face US charges commonly receive warnings.” FBI special agent Stewart Kelley will say, “If they are a suspect, and they are detained, a Miranda is usually given.” [Reuters, 7/24/2008]

Entity Tags: Federal Bureau of Investigation, Salim Ahmed Hamdan, Stewart Kelley, Robert Fuller

Timeline Tags: Torture of US Captives

Salim Hamdan, a detainee with some knowledge about al-Qaeda who was captured in late November, takes FBI agents on two tours of facilities associated with al-Qaeda in Afghanistan. Hamdan and the agents twice drive around Kandahar in the months after his capture and he points out compounds owned by Osama bin Laden, including Tarnak Farms, and guest houses where al-Qaeda members could safely stay, which the agents take pictures of. Robert Fuller, one of the agents who accompanies Hamdan, will later say: “The first compound, when we arrived to it, it was destroyed. No roof was left.” The second compound is intact, and “in great shape,” according to Fuller. Hamdan also tells the FBI of his time at a training camp, but says he only stayed for a month and then returned to a guest house to be with his family. In addition, he identifies several high-ranking al-Qaeda officials and describes visits by bin Laden and other al-Qaeda figures to the camp. They gave speeches and “offered words of encouragement,” according to FBI agent Craig Donnachie. [USA Today, 7/24/2008; Reuters, 7/24/2008] Despite this co-operation, Hamdan will be transferred to Guantanamo, held there for years, and prosecuted in a military commission (see June 30, 2006).

Entity Tags: Robert Fuller, Craig Donnachie, Salim Ahmed Hamdan, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Two CIA agents, “Dave” and Johnny Michael Spann, are singling out prisoners for interrogation in an effort to determine their affiliations and backgrounds and screen them for possible links to al-Qaeda. Two television crews—from Reuters and the German station ARD—are present. John Walker Lindh has been pointed out to Spann as a Westerner, or at least someone who speaks English. Spann approaches Lindh and begins asking him questions: [London Times, 11/28/2001; Guardian, 12/1/2001; Newsweek, 12/6/2001]
Spann - “[Speaking to Lindh] Hey you. Right here with your head down. Look at me. I know you speak English. Look at me. Where did you get the British military sweater?” Lindh does not respond and Spann walks away. A few moments later, Northern Alliance soldiers approach Lindh and tighten the ropes around his elbows. A Northern Alliance officer kicks him lightly in the stomach. Later, Lindh is brought over to a blanket covering bare earth and pushed down so he sits cross-legged on the blanket. Spann then squats down on the edge of the blanket, and faces Lindh:
Spann - “[Speaking to Lindh] Where are you from? Where are you from? You believe in what you’re doing here that much, you’re willing to be killed here? How were you recruited to come here? Who brought you here? Hey! [He snaps his fingers in front of Lindh’s face. Lindh is unresponsive] Who brought you here? Wake up! Who brought you here to Afghanistan How did you get here? [Long pause] What, are you puzzled?” Spann kneels on the blanket and attempts to photograph Lindh with a digital camera.
Spann - “Put your head up. Don’t make me have to get them to hold your head up. Push your hair back. Push your hair back so I can see your face.” An Afghan soldier pulls Walker’s hair back, holding his head up for the picture.
Spann - “You got to talk to me. All I want to do is talk to you and find out what your story is. I know you speak English.” Dave then walks up and speaks with Spann.
Dave - “Mike!”
Spann - “[to Dave] Yeah, he won’t talk to me.”
Dave - “OK, all right. We explained what the deal is to him.”
Spann - “I was explaining to the guy we just want to talk to him, find out what his story is.”
Dave - “The problem is, he’s got to decide if he wants to live or die and die here. We’re just going to leave him, and he’s going to f_cking sit in prison the rest of his f_cking short life. It’s his decision, man. We can only help the guys who want to talk to us. We can only get the Red Cross to help so many guys.”
Spann - “[to Lindh] Do you know the people here you’re working with are terrorists and killed other Muslims? There were several hundred Muslims killed in the bombing in New York City. Is that what the Koran teaches? I don’t think so. Are you going to talk to us?” Walker does not respond.
Dave - “[to Spann] That’s all right man. Gotta give him a chance, he got his chance.” Spann and Dave stand and keep talking to each other.
Spann - “[to Dave] Did you get a chance to look at any of the passports?”
Dave - “There’s a couple of Saudis and I didn’t see the others.”
Spann - “I wonder what this guy’s got?” Walker is then taken back to the group of prisoners by an Afghan guard. [Newsweek, 12/6/2001]

Entity Tags: John Walker Lindh, Mike Spann, “Dave”

Timeline Tags: Torture of US Captives, War in Afghanistan

CIA agent “Dave”.CIA agent “Dave”. [Source: CNN/House of War]One of the prisoners who is being interrogated by the two CIA agents tells Mike Spann that he has come to Afghanistan “to kill” him. With that, the prisoner lunges towards him. At this point accounts differ over what happens. According to an early account, Mike Spann immediately shoots the prisoner and three others dead with his pistol before the nearby Taliban prisoners join the skirmish and “beat, kick, and bite” Spann to death. [London Times, 11/28/2001] In the other account, the prisoner who lunged towards Spann, used a grenade to blow him and Spann up, killing both of them immediately. [Guardian, 12/1/2001] “Dave,” the second CIA agent, then shoots at least one of the foreign Taliban fighters dead and flees the vicinity. He goes to General Dostum’s headquarters in the north side of the fort where he contacts the American embassy in Tashkent, Uzbekistan using a satellite phone borrowed from the German TV crew. He tells the embassy, “We have lost control of the situation. Send in helicopters and troops.” [Guardian, 12/1/2001] One witness later recalls, “David asked his superiors for choppers to be brought in, as well as ground troops to get everyone out. They sent about 40 American soldiers, but the choppers were too far away in Uzbekistan. David’s people offered to bring in gunships and bomb the Taliban. They would flatten the whole castle and kill us all. David told them twice they shouldn’t do that. They were really pressing for airstrikes and after three hours they started.” [London Times, 11/28/2001] Meanwhile, Dostum’s soldiers began to shoot indiscriminately at the rows of bound prisoners. Some are killed and as prisoners stand up and run for cover, more are shot in their flight. John Walker Lindh too tries to run but after two or three paces a bullet hits him in his right thigh and he falls to the ground. Unable to walk, with chaos all around him, Lindh pretends to be dead. He remains on the ground for the next twelve hours. The Taliban soldiers soon overpower their Northern Alliance captors, take their weapons and break into the arms depot located towards the center for the compound where they help themselves to Dostum’s mortars and rocket launchers. [London Times, 11/28/2001; Guardian, 12/1/2001; United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: Northern Alliance, Mike Spann, Taliban, “Dave”, John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

Christopher DeMuth.Christopher DeMuth. [Source: American Enterprise Institute]Deputy Secretary of Defense Paul Wolfowitz arranges for Christopher DeMuth, president of the neoconservative think tank The American Enterprise Institute (AEI), to create a group to strategize about the war on terrorism. The group DeMuth creates is called Bletchley II, named after a team of strategists in World War II. The dozen members of this secret group include:
bullet Bernard Lewis, a professor arguing that the US is facing a clash of civilizations with the Islamic world.
bullet Fareed Zakaria, a Newsweek editor and columnist.
bullet Mark Palmer, a former US ambassador to Hungary.
bullet Fouad Ajami, director of the Middle Eastern Studies Program at the Paul H. Nitze School of Advanced International Studies.
bullet James Wilson, a professor and specialist in human morality and crime.
bullet Ruel Marc Gerecht, a former CIA Middle East expert.
bullet Steve Herbits, a close consultant to Defense Secretary Donald Rumsfeld.
According to journalist Bob Woodward, the group comes to quick agreement after just two days of discussions and a report is made from their conclusions. They agree it will take two generations for the US to defeat radical Islam. Egypt and Saudi Arabia are the keys to the problems of the Middle East, but the problems there are too intractable. Iran is similarly difficult. But Iraq is weak and vulnerable. DeMuth will later comment: “We concluded that a confrontation with Saddam [Hussein] was inevitable. He was a gathering threat - the most menacing, active, and unavoidable threat. We agreed that Saddam would have to leave the scene before the problem would be addressed.” That is the key to transform the region. Vice President Dick Cheney is reportedly pleased with their report. So is National Security Adviser Condoleezza Rice, who finds it “very, very persuasive.” It is said to have a strong impact on President Bush as well. Woodward later notes the group’s conclusions are “straight from the neoconservative playbook.” [Woodward, 2006, pp. 83-85]

Entity Tags: Richard (“Dick”) Cheney, Steve Herbits, Paul Wolfowitz, Fareed Zakaria, Fouad Ajami, George W. Bush, Donald Rumsfeld, Condoleezza Rice, Mark Palmer, Reuel Marc Gerecht, Bernard Lewis, Christopher DeMuth, James Wilson

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

A USAMRIID technician opening one of the anthrax letters in December 2001.A USAMRIID technician opening one of the anthrax letters in December 2001. [Source: Agence France-Presse / Getty Images]A front-page Washington Post story suggests that the Ames strain of anthrax used in the recent anthrax attacks (see October 5-November 21, 2001) likely originated from USAMRIID, the US Army’s top biological laboratory at Fort Detrick, Maryland, and was shared with only a small number of other labs. USAMRIID gave it to the Battelle Memorial Institute, in Columbus, Ohio; the University of New Mexico Health Sciences Center, in Albuquerque, New Mexico; the Defense Research Establishment Suffield, in Canada; the US Army Dugway Proving Ground, in Utah; and the Chemical Defense Establishment at Porton Down, Britain. These in turn sent it to seven more labs, for a total of a dozen. But only five labs received the virulent form, and some of these may have received strains that were too old to have been the Anthrax used in the mailings, since it is known the anthrax used was two years old or less. [Washington Post, 11/30/2001; New York Times, 6/23/2002]

Entity Tags: United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

According to US military officials, the USS Bataan and USS Peleliu are used as prison ships to hold captives suspected of terrorist activities, including “American Taliban” John Walker Lindh (see December 14, 2001). Both vessels are operating in the Indian Ocean. The use of US naval vessels as prison ships is kept extremely secret; the press will not learn of the incidents for years, and even then, details will be sketchy. Questioned in 2004 about the use of US military ships as “floating prisons” (see June 2, 2008), Rear Admiral John Stufflebeem will say: “I don’t know the specifics. Central command determines for either medical considerations, for the protection of those individuals, for the isolation in the sense of not having forces that would try to come get somebody out of a detention center, for a security aspect, and obviously an interest to continue interrogation.” The US may also use ships in and around the British-controlled island of Diego Garcia, in the Indian Ocean, to hold prisoners indefinitely and “off the books.” And the US may use its ships for what is called “extraordinary rendition”—the secret transportation of prisoners to foreign countries where they can be interrogated and tortured in ways proscribed by US law. US and British officials will repeatedly deny the use of Diego Garcia in any such “floating incarcerations” or renditions. [Guardian, 6/2/2008] One reason for the use of naval vessels as prison ships may be necessity: the US is capturing scores of prisoners in Afghanistan, but the first detainee facilities at Guantanamo Bay, Cuba will not open until January 2002 (see January 11, 2002).

Entity Tags: John Walker Lindh, John Stufflebeem

Timeline Tags: Torture of US Captives

As soon as he hears the news of his son’s capture in Afghanistan, John Walker Lindh’s father immediately hires James Brosnahan, a well-respected lawyer, on behalf of his son. On December 3, Brosnahan faxes a letter to Secretary of State Colin Powell, Attorney General John Ashcroft, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet. He introduces himself as Lindh’s lawyer, expresses his wish to see him, and states: “Because [Lindh] is wounded and, based upon press reports, went for three days without food, I would ask that any further interrogation be stopped, especially if there is any intent to use it in any subsequent legal proceedings.” When Brosnahan receives no reply, he writes again, “I would ask that no further interrogation of my client occur until I have the opportunity to speak with him. As an American citizen, he has the right to counsel and, under all applicable legal authorities, I ask for the right to speak with my client as soon as possible.” On December 5, still having received no reply, he urges that “we have a conversation today.” Again, no reply comes. [Los Angeles Times, 3/23/2002; World Socialist Web Site, 3/27/2002; New Yorker, 3/3/2003]

Entity Tags: John Walker Lindh, George J. Tenet, Donald Rumsfeld, Colin Powell, John Ashcroft, James Brosnahan

Timeline Tags: Torture of US Captives, War in Afghanistan

The Holy Land Foundation is shut down and its assets are seized. Holy Land claimed to be the largest Muslim charity in the US. It claimed to raise millions for Palestinian refugees and denied any support for terrorism. In justifying the move, the US government presents evidence of ties between the Holy Land and Hamas. Much of this evidence dates back to 1993; the Associated Press titles a story on the closure, “Money Freeze A Long Time Coming.” [Associated Press, 12/5/2001] Holy Land offices in San Diego, California; Paterson, New Jersey; and Bridgeview, Illinois, are also raided. [CNN, 12/4/2001] The indictment says Holy Land has been “deeply involved with a network of Muslim Brotherhood organizations dedicated to furthering the Islamic fundamentalist agenda espoused by Hamas.” [Washington Post, 9/11/2004] Holy Land is represented by the powerful law firm of Akin, Gump, Strauss, Hauer & Feld. Three partners at Akin, Gump are very close to President Bush: George Salem chaired Bush’s 2000 campaign outreach to Arab-Americans; Barnett “Sandy” Kress was appointed by Bush as an “unpaid consultant” on education reform and has an office in the White House; and James Langdon is one of Bush’s closest Texas friends. [Boston Herald, 12/11/2001; Washington Post, 12/17/2001] The leaders of Holy Land will be charged with a variety of crimes in 2002 and 2004 (see December 18, 2002-April 2005).

Entity Tags: Hamas, Muslim Brotherhood, Akin, Gump, Strauss, Hauer & Feld, US Department of the Treasury, Holy Land Foundation for Relief and Development

Timeline Tags: Complete 911 Timeline

Michael Ledeen, an avid admirer of Machiavelli, argues in a piece published by National Review Online that the US must be “imperious, ruthless, and relentless” against the Muslim world until there has been “total surrender.” Any attempt on the part of the US to be “reasonable” or “evenhanded” will only empower Islamic militants, he asserts. He writes: “We will not be sated until we have had the blood of every miserable little tyrant in the Middle East, until every leader of every cell of the terror network is dead or locked securely away, and every last drooling anti-Semitic and anti-American mullah, imam, sheikh, and ayatollah is either singing the praises of the United States of America, or pumping gasoline, for a dime a gallon, on an American military base near the Arctic Circle.” [National Review, 12/7/2001] The piece is republished in the Jewish World Review four days later. [Jewish World Review, 12/11/2001]

Entity Tags: Michael Ledeen

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Tom Ridge, Director of Homeland Security, warns that terrorist strikes “could happen within the next few weeks.” Ridge states that “the quantity and level of threats… have reached a threshold where we should once again place the public on general alert.” He describes the terrorists as “shadow soldiers… a shadow enemy.” [MotherJones, 12/3/2001] Richard Reid does attempt to blow up an airplane with a shoe-bomb later in the month (see December 22, 2001).

Entity Tags: Tom Ridge, US Department of Homeland Security

Timeline Tags: Complete 911 Timeline

John Walker Lindh (see Late morning, November 25, 2001) is moved to a Navy ship, the USS Peleliu. When he arrives, he is still unable to walk and is suffering from dehydration, frostbite on his toes and mild hypothermia. Navy physicians treat Lindh with IV fluids, and on the same day, Haynes’ deputy, Paul W. Cobb Jr., tells Lindh’s lawyers: “I can inform you that John Walker is currently in the control of United States armed forces and is being held aboard USS Peleliu in the theater of operations. Our forces have provided him with appropriate medical attention and will continue to treat him humanely, consistent with the Geneva Convention protections for prisoners of war.” [Business Wire, 12/17/2001; ABC News, 12/19/2001] It is the first response James Brosnahan, head of Lindh’s defense team, receives to his letters, the first of which he sent on December 3 (see December 3-5, 2001).

Entity Tags: James Brosnahan, John Walker Lindh, Paul W. Cobb

Timeline Tags: Torture of US Captives, War in Afghanistan

The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton.The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton. [Source: Richard Smith]In mid-October 2001, investigators mistakenly believe that the anthrax letters were mailed from somewhere in West Trenton, New Jersey and are said to have narrowed down the location of the mailbox to a one square mile radius. [New York Times, 10/19/2001] But around December 2001, contamination at a New Jersey postal processing center indicates that the letters in the anthrax attacks (see October 5-November 21, 2001) had been mailed on one of a limited number of routes near Princeton, New Jersey. However, seven months pass before FBI investigators test hundreds of mailboxes and identify the mailbox where the letters were mailed from. Congressman Rush Holt (D-NJ), whose congressional district includes the area where the letters were mailed from, will later say that he was surprised by how slow and shoddy the investigation was. He will point out, “Within two days they could have dispatched 50 people to wipe all those mailboxes.” He will also say that he was surprised when anthrax was found in his Congressional office in October 2001, but investigators never returned to conduct systematic testing to trace the path of the anthrax spores. [New York Times, 8/4/2008] The FBI tests about 600 mailboxes for several weeks and finds and removes the right one in early August. It is located in Princeton, New Jersey, on the corner of Nassau and Bank Streets and opposite the Princeton University campus. [New York Times, 8/14/2002] However, there are doubts that the right mailbox was identified (see August 14, 2002).

Entity Tags: Rush Holt, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

On December 17, 2001, Hamas and Palestinian Islamic Jihad release a joint manifesto declaring, “Americans are the enemies of the Palestinian people [and] a target for future attacks.” The next day, Hamas leaders issues a statement declaring that “Americans [are] now considered legitimate targets as well as Israelis.” So far, Hamas has not followed through with this threat. However, in February 2003, top Hamas leader Sheikh Ahmed Yassin will called on Muslims to “threaten Western interests and strike them everywhere” in the event of a war in Iraq, which will begin one month later. [National Post, 10/18/2003] Despite these threats, known Hamas operatives will continue to live openly in the US. For instance, the US officially declared Mohammad Salah a terrorist in 1995 (see June 2-5, 2003), the FBI knew he was living openly in Chicago since late 1997, and yet he will not be indicted for crimes committed in the early 1990s until 2004 (see August 20, 2004).

Entity Tags: Palestinian Islamic Jihad, United States, Hamas

Timeline Tags: Complete 911 Timeline

Yazid Sufaat.Yazid Sufaat. [Source: FBI]Yazid Sufaat is arrested in Malaysia. Sufaat is a Malaysian who owns a condominum in Kuala Lumpur, Malaysia, where a January 2000 al-Qaeda summit was held (see January 5-8, 2000). He also graduated in 1987 from a California university with a degree in biological sciences. According to interrogations of Khalid Shaikh Mohammed, Hambali, and other captured prisoners, Sufaat was given the lead in developing chemical and biological weapons for al-Qaeda, but he apparently had been unable to buy the kind of anthrax he wanted for an attack. Zacarias Moussaoui, Mohamed Atta, and other al-Qaeda operatives appeared to have had an interest in crop dusters before 9/11. It has been suggested that this interest served to further Sufaat’s biological weapons plot. This would especially make sense in the case of Moussaoui, since he stayed with Sufaat in Sufaat’s Malaysia apartment for two months in late 2000 (see September-October 2000). The US will only be able to directly interview Sufaat on one brief occasion, in November 2002. [Washington Post, 3/28/2003; CNN, 10/10/2003; Chicago Tribune, 12/7/2003] Sufaat will be released in 2008. The Malaysian government will never try or charge him (see December 4, 2008).

Entity Tags: Zacarias Moussaoui, Yazid Sufaat, Al-Qaeda, Khalid Shaikh Mohammed, Mohamed Atta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” [American Prospect, 6/19/2005] CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. [Berntsen and Pezzullo, 2005, pp. 59-60, 297] The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Richard Blee, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The Justice Department’s John Yoo sends a classified memo to the Defense Department’s general counsel, William Haynes. The contents will not be made public, but the American Civil Liberties Union (ACLU) will eventually learn that the memo concerns possible criminal charges to be brought against an American citizen who is suspected of being a member of either al-Qaeda or the Taliban. The ACLU believes the memo discusses the laws mandating that US military personnel must adhere to the Uniform Code of Military Justice, and how those laws may not apply to military personnel during a so-called “undeclared war.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

Richard Reid’s shoe bomb.
Richard Reid’s shoe bomb. [Source: NEFA Foundation]British citizen Richard Reid is arrested for trying to blow up a Miami-bound jet using explosives hidden in his shoe. [Associated Press, 8/19/2002] Reid fails in his attempt to destroy the American Airlines jet because he is unable to detonate the explosives—he cannot get the fuse to light using matches, despite using up six of them before he is overpowered by the stewards and passengers. Authors Sean O’Neill and Daniel McGrory will comment, “Had Reid used a cheap disposable plastic cigarette lighter to ignite the fuse of his bomb, rather than a match that did not burn for long enough, forensic experts are sure there was enough plastic explosive in his boot to puncture the fuselage of Flight 63 and bring down the aircraft.” [O'Neill and McGrory, 2006, pp. 215-217, 236] The attack is supposed to be one of two simultaneous attacks, but Reid’s partner, Saajit Badat, backs out shortly before the bombing (see (December 14, 2001)). Reid will later plead guilty to all charges, and declare himself a follower of Osama bin Laden. [CBS News, 10/4/2002] He may have ties to Pakistan. [Washington Post, 3/31/2002] It is later believed that Reid and others in the shoe bomb plot reported directly to 9/11 mastermind Khalid Shaikh Mohammed (KSM). [CNN, 1/30/2003] It has been suggested that KSM has ties to the ISI, and that Reid is a follower of Ali Gilani, a religious leader believed to be working with the ISI (see January 6, 2002).

Entity Tags: Khalid Shaikh Mohammed, Daniel McGrory, Sean O’Neill, Richard C. Reid

Timeline Tags: Complete 911 Timeline

Wall Street Journal reporter Daniel Pearl writes stories about the ISI that will lead to his kidnapping and murder (see January 31, 2002).
bullet On December 24, 2001, he reports about ties between the ISI and a Pakistani organization, Ummah Tameer-e-Nau, that was working on giving bin Laden nuclear secrets before 9/11 (see 2000 and Mid-August 2001). [Wall Street Journal, 12/24/2001]
bullet A few days later, he reports that the ISI-supported militant organization Jaish-e-Mohammed still has its office running and bank accounts working, even though President Pervez Musharraf claims to have banned the group. The Jaish-i-Mohammed is connected to the Al Rashid Trust, one of the first entities whose assets were frozen by the US after 9/11 and through which funding may have passed on its way to the hijackers in the US (see Early August 2001 and September 24, 2001). “If [Pearl] hadn’t been on the ISI’s radarscope before, he was now.” [Wall Street Journal, 12/31/2001; Guardian, 7/16/2002; Vanity Fair, 8/2002]
bullet He begins investigating links between shoe bomber Richard Reid and Pakistani militants, and comes across connections to the ISI and a mysterious religious group called Al-Fuqra. [Washington Post, 2/23/2002]
bullet He also may be looking into the US training and backing of the ISI. [Gulf News, 3/25/2002]
bullet He is writing another story on Dawood Ibrahim, a powerful Islamic militant and gangster protected by the ISI, and other Pakistani organized crime figures. [Newsweek, 2/4/2002; Vanity Fair, 8/2002]
bullet Former CIA agent Robert Baer later claims to be working with Pearl on an investigation of 9/11 mastermind Khalid Shaikh Mohammed. [United Press International, 4/9/2004] It is later suggested that Mohammed masterminds both Reid’s shoe bomb attempt and the Pearl kidnapping, and has connections to Pakistani gangsters and the ISI, so some of these explanations could fit together. [Asia Times, 10/30/2002; CNN, 1/30/2003; United Press International, 4/9/2004] Kidnapper Saeed will later say of Pearl, “Because of his hyperactivity he caught our interest.” [News (Islamabad), 2/15/2002] Pearl is kidnapped on January 23, 2002, and his murder is confirmed on February 22, 2002. [CNN, 2/22/2002]

Entity Tags: Dawood Ibrahim, Al-Fuqra, Daniel Pearl, Pakistan Directorate for Inter-Services Intelligence, Jaish-e-Mohammed, Osama bin Laden, Pervez Musharraf, Khalid Shaikh Mohammed, Robert Baer, Ummah Tameer-e-Nau

Timeline Tags: Complete 911 Timeline

A Jordanian suspected of involvement in the 1993 WTC bombing (see February 26, 1993) and 1995 Bojinka plot (see January 6, 1995) is arrested but apparently only charged with minor offenses. Hadi Yousef Alghoul had been arrested in the Philippines in March 1995 and accused of involvement in the Bojinka plot there. (see April 1, 1995-Early 1996). He apparently is the cousin of bomber Ramzi Yousef. [Ressa, 2003, pp. 25] On December 26, 2001, he is arrested in the Philippines again. He is found with nearly 300 sticks of dynamite and other bomb making materials. A police colonel says Alghoul had been under surveillance for years. [CNN, 12/28/2001; Contemporary Southeast Asia, 12/1/2002] Police say he is one of the United States’ 25 most wanted terrorists with a $25 million reward for his arrest in connection with the 1993 WTC bombing. His “fingerprints perfectly matched those of a terrorist tagged in the World Trade Center bombing.” He is also wanted for plotting the assassination of Americans. [Manila Bulletin, 1/6/2002] Yet despite all these accusations, he is not extradited to the US as other Bojinka suspects were, and he is merely charged in 2002 with the illegal possession of explosive devices. There have been no further news accounts about him. [Manila Sun-Star, 11/16/2002]

Entity Tags: Hadi Yousef Alghoul, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

Defense Secretary Donald Rumsfeld makes a public announcement that he is planning to move Taliban and al-Qaeda suspects to the Guantanamo Bay Naval Station. The number of people in US custody and destined for Guantanamo is allegedly small. According to the Chairman of the Joint Chiefs of Staff, Air Force Gen. Richard B. Myers, they number eight individuals aboard the USS Peleliu and 37 at a US base near Kandahar airport. [Dawn (Karachi), 12/28/2001] Troops, earlier stationed at nearby Camp Rhino, where John Walker Lindh was detained, are being transferred to Guantanamo. [GlobalSecurity (.org), 1/15/2005] The reason for choosing Guantanamo for detaining suspected al-Qaeda and Taliban members is unclear. Rumsfeld says: “I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected. Its disadvantages seem to be modest relative to the alternatives.” [Dawn (Karachi), 12/28/2001] Rumsfeld does not inform reporters of the legal opinion about to be released by the Office of Legal Counsel (OLC) that he feels makes Guantanamo uniquely qualified to serve as a prisoner for terror suspects (see December 28, 2001). According to the OLC opinion, Guantanamo is outside the US itself, so US courts have no jurisdiction to oversee conditions or activities there. It is also not on soil controlled by any other court system. And, unlike other facilities considered for housing terror suspects (see January 11, 2002), Guantanamo is not on the soil of a friendly government with which the US has lease and status of force agreements, but rather on the soil of a hostile Communist government whose predecessor had signed a perpetual lease with the US. The base, therefore, is, according to the OLC, under the sole jurisdiction of the US military and its commander in chief, and not subject to any judicial or legislative review. In 2007, author and reporter Charlie Savage will write, “Guantanamo was chosen because it was the best place to set up a law-free zone.” [Savage, 2007, pp. 145]

Entity Tags: Al-Qaeda, US Department of Defense, Charlie Savage, Richard B. Myers, Taliban, Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Ahmad Sajuli Abdul Rahman.Ahmad Sajuli Abdul Rahman. [Source: Malaysian Government]Ahmad Sajuli Abdul Rahman is arrested in Kuala Lumpur, Malaysia. [Utusan Malaysia, 1/5/2002]
Links to Al-Qaeda Summit - Sajuli, believed to be an operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, did not attend an important al-Qaeda summit in Kuala Lumpur, Malaysia, in January 2000 (see January 5-8, 2000), but he took some of the attendees around Kuala Lumpur. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), one of the attendees Sajuli escorted around town was 9/11 hijacker Khalid Almihdhar. Sajuli also helped arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli’s arrest is part of a wave of over a dozen arrests in Malaysia that also gets Yazid Sufaat, one of the summit attendees (see December 19, 2001). [Utusan Malaysia, 1/5/2002]
Held without Charge or Trial - Malaysian law allows for suspects to be held without charge or trial for up to two years, and this can be extended for additional two year periods. In early 2004, it will be announced that Sajuli’s detention will be extended for another two years. [Human Rights Watch, 2/26/2004] However, apparently will be released before that two year period is up, because there will be no further news of his detention.

Entity Tags: Yazid Sufaat, Khalid Almihdhar, Abu Bara al-Taizi, Ahmad Sajuli Abdul Rahman, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Three of the men convicted for the World Trade Center bombing (see February 26, 1993)—Mohammed Salameh, Mahmud Abouhalima, and Nidal Ayyad—are allowed to write about 90 letters from inside the Supermax prison in Florence, Colorado, encouraging fellow extremists around the world. Some of the letters are sent to Morocco and some to a militant cell in Spain. In one, addressed to cell leader Mohamed Achraf, who will be arrested in late 2004 for attempting to blow up the National Justice Building in Madrid (see July-October 18, 2004), Salameh writes, “Oh, God, make us live with happiness. Make us die as martyrs. May we be united on the day of judgment.” Other recipients have links to the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). One of Salameh’s letters, in which he calls Osama bin Laden “the hero of my generation,” is published in a newspaper in July 2002, but this does not result in any new security attempts to stop other letters. The letters urge readers to “terminate the infidels” because “Muslims don’t have any option other than jihad.” Former prosecutor Andrew McCarthy wonders, “He was exhorting acts of terrorism and helping recruit would-be terrorists for the jihad from inside an American prison.” Terrorism specialist Hedieth Mirahmadi says the letters would have been especially useful for recruitment because the convicted bombers have “a power that the average person or the average imam in a mosque doesn’t have.” Attorney General Alberto Gonzales will later comment, “I was surprised. Didn’t seem to make any sense to me and I’m sure the average American would have to wonder, ‘How could this happen?’” Staff at the prison noticed the letters were unmonitored and complained in 2003, but it apparently took management several months to impose a tighter regime. [MSNBC, 3/1/2005; MSNBC, 3/9/2005]

Entity Tags: US Bureau of Prisons, Mohamed Achraf, Mohammed Salameh, Hedieth Mirahmadi, Andrew McCarthy, Alberto R. Gonzales, Nidal Ayyad, Mahmud Abouhalima

Timeline Tags: Complete 911 Timeline

Ali Gilani.Ali Gilani. [Source: CNN]The Boston Globe reports that shoe bomber Richard Reid may have had ties with an obscure Pakistani group called Al-Fuqra. Reid apparently visited the Lahore, Pakistan, home of Ali Gilani, the leader of Al-Fuqra. [Boston Globe, 1/6/2002] Reporter Daniel Pearl reads the article and decides to investigate. [Vanity Fair, 8/2002] Pearl believes he is on his way to interview Gilani when he is kidnapped. [Pittsburgh Tribune-Review, 3/3/2002] A 1995 State Department report said Al-Fuqra’s main goal is “purifying Islam through violence.” [Vanity Fair, 8/2002] Intelligence experts now say Al-Fuqra is a splinter group of Jaish-e-Mohammed, with ties to al-Qaeda. [United Press International, 1/29/2002] Al-Fuqra claims close ties with the Muslims of the Americas, a US tax-exempt group claiming about 3,000 members living in rural compounds in 19 states, the Caribbean, and Europe. Members of Al-Fuqra are suspected of at least 13 fire bombings and 17 murders, as well as theft and credit-card fraud. Gilani, who had links to people involved in the 1993 WTC bombing, fled the US after the bombing. He admitted he works with the ISI, and now lives freely in Pakistan. [Boston Globe, 1/6/2002; News (Islamabad), 2/15/2002; Pittsburgh Tribune-Review, 3/3/2002; Vanity Fair, 8/2002] Saeed Sheikh “has long had close contacts” with the group, and praises Gilani for his “unexplained services to Pakistan and Islam.” [News (Islamabad), 2/18/2002; Pittsburgh Tribune-Review, 3/3/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Al-Fuqra, Jaish-e-Mohammed, Daniel Pearl, Ali Gilani, Saeed Sheikh, Richard C. Reid, Al-Qaeda

Timeline Tags: Complete 911 Timeline

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

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

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

An aerial shot of Camp X-Ray.An aerial shot of Camp X-Ray. [Source: Public domain]The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. [Reuters, 1/11/2002] The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. [Guardian, 1/11/2002; Savage, 2007, pp. 142-143]
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. [Associated Press, 11/9/2002]
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). [Globe and Mail, 9/5/2002] It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. [Savage, 2007, pp. 143-144]
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” [Reuters, 1/11/2002] There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” [New York Times, 6/21/2004]
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” [Guardian, 6/13/2002]

Entity Tags: US Department of the Navy, United States, US Department of Defense, Pierre-Richard Prosper, Richard B. Myers, Clinton administration, Donald Rumsfeld, Charlie Savage, Guantanamo Bay Naval Base, Office of Legal Counsel (DOJ), Geneva Conventions

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

Justice Department lawyers John Yoo and Robert Delahunty send a classified memo to the chief legal adviser for the State Department, William Howard Taft IV. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Justice Department’s interpretation of the War Crimes Act. According to Yoo and Delahunty, the War Crimes Act does not allow the prosecution of accused al-Qaeda and Taliban suspects. Yoo will cite this memo in a 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, John C. Yoo, William Howard Taft IV, US Department of Justice, War Crimes Act, US Department of State

Timeline Tags: Civil Liberties

After more than two months and more than 350 inspections, the UN teams have failed to find the arsenal of banned weapons the US and Britain claim Iraq has. Nor are there any signs of programs to build such weapons. The London Observer reports that International Atomic Energy Agency (IAEA) inspectors are convinced Iraq does not have a reconstituted nuclear weapons program. “IAEA officials and intelligence sources admit it is extremely unlikely that Iraq has nuclear weapons squirreled away,” The Observer reports, explaining that “… the IAEA [had] revealed that analysis of samples taken by UN nuclear inspectors in Iraq… showed no evidence of prohibited nuclear activity.” [Observer, 1/26/2003; Los Angeles Times, 1/26/2003; Washington Post, 12/27/2003]

Entity Tags: International Atomic Energy Agency, United Nations Monitoring, Verification and Inspection Commission

Timeline Tags: Events Leading to Iraq Invasion

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

Defense Secretary Rumsfeld sends a memo to Joint Chiefs of Staff Chairman General Richard Myers informing him that Bush has declared the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban (see January 18-25, 2002). In this “Memorandum for Chairman of the Joint Chiefs of Staff,” Rumsfeld states: “The United States has determined that al-Qaeda and Taliban individuals under the control of the Department of Defense are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949.” Nevertheless, “[t]he Combatant Commanders shall, in detaining al-Qaeda and Taliban individuals under the control of the Department of Defense, treat them humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions of 1949.” [US Department of Defense, 1/19/2002 pdf file] The same day, the memorandum is disseminated as an order by the Joint Chiefs of Staff. [Chairman of the Joint Chiefs of Staff, 1/19/2002 pdf file]

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), John C. Yoo, Jay S. Bybee, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties, War in Afghanistan

Ramzi bin al-Shibh attempts to obtain a false passport, but fails to do so as he cannot afford one and a group controlled by Abu Musab al-Zarqawi refuses to pay for him. Bin al-Shibh, already known as a key 9/11 plotter at this time, presumably desires the passport so he can make a trip outside Pakistan, where he will be interviewed in April (see April, June, or August 2002). He tries to obtain it from the terrorist organization Ansar al-Islam, which is associated with al-Zarqawi. In a conversation monitored by the police, Ansar operatives discuss using money from fake ID operations to pay for bin al-Shibh, but decide not to do so as, according to the Wall Street Journal, “Mr. Zarqawi… had allocated all the available profits to pay for passports for his own fighters,” and bin al-Shibh “isn’t part of the al Tawhid [another group associated with Ansar and al-Zarqawi] structure, and has no position in the hierarchy.” [Wall Street Journal, 4/14/2004]

Entity Tags: Al-Tawhid, Ansar al-Islam, Al-Qaeda, Ramzi bin al-Shibh

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

John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions and is applicable to prisoners of war. Yoo’s boss, OLC head Jay Bybee, sends another secret memo about the Geneva Conventions to Deputy Attorney General Larry Thompson. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Jay S. Bybee, American Civil Liberties Union, Geneva Conventions, US Department of Justice, John C. Yoo, Office of Legal Counsel (DOJ), Larry D. Thompson

Timeline Tags: Civil Liberties

Two weeks after Justice Department lawyers John Yoo and Robert Delahunty write a memo saying that the US should not be bound by international laws covering warfare and torture (see January 9, 2002), White House counsel Alberto Gonzales concurs (see January 25, 2002), saying: “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002] But others inside and outside the administration strongly disagree. Many will later point to Yoo and Delahunty’s memo as providing the “spark” for the torture and prisoner abuses reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). Human Rights Watch director Kenneth Roth will call the memo a “maliciously ideological or deceptive” document that ignores US obligations under multiple international agreements. “You can’t pick or choose what laws you’re going to follow,” Roth will observe. “These political lawyers set the nation on a course that permitted the abusive interrogation techniques” disclosed in later months. Scott Horton, president of the International League for Human Rights, agrees. When you read the memo, Horton says, “the first thing that comes to mind is that this is not a lofty statement of policy on behalf of the United States. You get the impression very quickly that it is some very clever criminal defense lawyers trying to figure out how to weave and bob around the law and avoid its applications.” Two days later, the State Department, whose lawyers are “horrified” by the Yoo memo, vehemently disagrees with its position (see January 11, 2002). Three weeks later, State again criticizes the memo (see February 2, 2002). State senior counsel William Howard Taft IV points out that the US depends itself on the even observations of international law, and that following Yoo’s recommendations may undermine attempts to prosecute detainees under that same body of law. Secretary of State Colin Powell “hit[s] the roof” when he reads Gonzales’s response to the Yoo memo, warning that adopting such a legal practice “will reverse over a century of US policy and practice” and have “a high cost in terms of negative international reaction” (see January 26, 2002). The Bush administration will give in a bit to Powell’s position, announcing that it will allow Geneva to apply to the Afghan war—but not to Taliban and al-Qaeda prisoners. State Department lawyers call it a “hollow” victory for Powell, leaving the administration’s position essentially unchanged. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Robert J. Delahunty, Human Rights Watch, Colin Powell, Alberto R. Gonzales, International League for Human Rights, John C. Yoo, Kenneth Roth, William Howard Taft IV, Scott Horton, US Department of State

Timeline Tags: Torture of US Captives, Civil Liberties

US Secretary of State Colin Powell responds to Alberto Gonzales’ January 25 draft memo to the president (see January 25, 2002). He argues that it does not provide the president with a balanced view on the issue of whether or not to apply the Geneva Conventions to the conflict in Afghanistan. Powell lists several problems that could potentially result from exempting the conflict from the Conventions as Gonzales recommends. For example, he notes that it would “reverse over a century of US policy and practice in supporting the Geneva conventions and undermine the protections of the law of war for our troops, both in this specific conflict and in general.” The decision will furthermore have “a high cost in terms of negative international reaction.” It will “undermine public support among critical allies, making military cooperation more difficult to sustain,” and other states would “likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice.” But perhaps most ominously, Powell charges that the proposed decision “may provoke some individual foreign prosecutors to investigate and prosecute our officials and troops” and “make us more vulnerable to domestic and legal challenge.” The end of the memo consists of several rebuttals to points that Gonzales made in his memo. [US Department of State, 1/26/2004 pdf file; New York Times, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Geneva Conventions, Alberto R. Gonzales, Colin Powell

Timeline Tags: Torture of US Captives, Civil Liberties

Reporter Daniel Pearl moments before he is killed.Reporter Daniel Pearl moments before he is killed. [Source: Associated Press]Wall Street Journal reporter Daniel Pearl is murdered. He is reported dead on February 21; his mutilated body is found months later. Police investigators say “there were at least eight to ten people present on the [murder] scene” and at least 15 who participated in his kidnapping and murder. “Despite issuing a series of political demands shortly after Pearl’s abduction four weeks ago, it now seems clear that the kidnappers planned to kill Pearl all along.” [Washington Post, 2/23/2002] Some captured participants later claim 9/11 mastermind Khalid Shaikh Mohammed is the one who cuts Pearl’s throat. [MSNBC, 9/17/2002; Time, 1/26/2003] The land on which Pearl was held and murdered reportedly belongs to either the Al Rashid Trust, or one of its supporters, Saud Memon. The Al Rashid Trust, an ostensibly charitable organization that US intelligence linked to the financing of al-Qeada, is closely linked to the jihadi organization Jaish-i-Mohammed and was one of the very first organizations to have its assets frozen after 9/11. It may have been used to funnel money to the 9/11 hijackers in the US (see Early August 2001 and September 24, 2001). [Time, 1/26/2003; Daily Telegraph, 5/9/2004; Tribune, 4/2/2006]

Entity Tags: Al Rashid Trust, Daniel Pearl, Khalid Shaikh Mohammed, Saud Memon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Flynt Leverett.Flynt Leverett. [Source: Publicity photo]In the wake of the 9/11 attacks, Iran is supportive of US efforts to defeat the Taliban, since the Taliban and Iran have opposed each other. In 2006, Flynt Leverett, the senior director for Middle East affairs on the National Security Council in 2002 and 2003, will recall this cooperation between Iran and the US in a heavily censored New York Times editorial. Gulbuddin Hekmatyar, a notorious Afghan warlord with close ties to bin Laden (see 1984), had been living in Iran since the Taliban came to power in the 1990s. Leverett claims that in December 2001 Iran agrees to prevent Hekmatyar from returning to Afghanistan to help lead resistance to US-allied forces there, as long as the Bush administration does not criticize Iran for harboring terrorists. “But, in his January 2002 State of the Union address, President Bush did just that in labeling Iran part of the ‘axis of evil’ (see January 29, 2002). Unsurprisingly, Mr. Hekmatyar managed to leave Iran in short order after the speech.” [New York Times, 12/22/2006] Hekmatyar apparently returns to Afghanistan around February 2002. He will go on to become one of the main leaders of the armed resistance to the US-supported Afghan government. Iranian cooperation with the US over Afghanistan will continue in a more limited manner, with Iran deporting hundreds of suspected al-Qaeda and Taliban operatives who had fled Afghanistan, while apparently keeping others. But the US will end this cooperation in 2003. [BBC, 2/14/2002; USA Today, 5/21/2003; New York Times, 12/22/2006]

Entity Tags: Iran, Gulbuddin Hekmatyar, Bush administration (43), Flynt Leverett

Timeline Tags: US confrontation with Iran, Complete 911 Timeline, War in Afghanistan

In a reply to White House Counsel Alberto Gonzales (see January 25, 2002), the State Department’s Legal Director, William Howard Taft IV, tries again (see January 11, 2002) to put his view forward supporting obeying the Geneva Conventions. He writes: “The president should know that a decision that the Conventions do apply is consistent with the plain language of the Conventions and the unvaried practice of the United States in introducing its forces into conflict over fifty years.” [US Attorney General, 2/1/2002]

Entity Tags: William Howard Taft IV, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

Unnamed US intelligence officials tell the New York Times that the CIA has no evidence that Saddam Hussein’s government has participated in any militant operations against the United States in nearly a decade. The agency also believes that Saddam Hussein has not provided chemical or biological weapons to al-Qaeda or other militant Islamic organizations. [New York Times, 2/6/2002 Sources: Unnamed US Intelligence Officials]

Entity Tags: Saddam Hussein

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

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

After several meetings with Mohammad Harith (see February 11, 2002) —an Iraqi defector provided by the Iraqi National Congress—a Defense Intelligence Agency debriefer determines that the defector’s information on Iraq’s presumed arsenal of banned weapons seems “accurate, but much of it [appears] embellished.” Defense Intelligence Agency analysts also determine that the defected Iraqi has been “coached by the Iraqi National Congress.” Harith claims that he was a major in an Iraqi intelligence unit charged with concealing illicit weapons and that Iraq has developed mobile biological weapons labs. [Knight Ridder, 7/16/2004]

Entity Tags: Mohammad Harith, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

Joseph Wilson.Joseph Wilson. [Source: public domain]The CIA sends Joseph C. Wilson, a retired US diplomat, to Niger to investigate claims that Iraq had sought to purchase uranium from that country (see February 13, 2002). The CIA pays Wilson’s expenses for the trip, but does not pay him in any other respect. The identity of the party who requests the mission is later disputed. While Wilson will claim the trip was requested directly by Dick Cheney’s office, other sources will indicate that the CIA had decided (see February 19, 2002) that a delegation to Niger was needed in order to investigate questions raised by one of Dick Cheney’s aides (see (February 13, 2002)). [New York Times, 5/6/2003; Washington Post, 6/12/2003 pdf file; Independent, 6/29/2003; New York Times, 7/6/2003; US Congress, 7/7/2004]
Reason behind Request - Former CIA analyst Melvin Goodman will later note that “Wilson was asked to go to Niger for one specific purpose. It was the CIA’s idea to get Cheney off their backs. Cheney would not get off their backs about the yellowcake documents. They couldn’t get Cheney to stop pressing the issue. He insisted that was the proof of reconstitution of [Iraq’s nuclear] program.” [Dubose and Bernstein, 2006, pp. 214]
Normal Skepticism - Wilson goes into the situation with a healthy dose of skepticism. “My skepticism was the same as it would have been with any unverified intelligence report, because there is a lot of stuff that comes over the transom every day,” he will recall in 2006. Wilson knows nothing of the influence of the Pentagon neoconservatives (see July 8, 1996, January 26, 1998, July 1998, September 2000, Late December 2000 and Early January 2001, Shortly after January 20, 2001, and Shortly After September 11, 2001) or the growing rift in the intelligence community over the reports: “I was aware that the neocons had a growing role in government and that they were interested in Iraq,” he will recall. “But the administration had not articulated a policy at this stage.” He is not given a copy of the Niger documents before leaving for Africa, nor is he told of their history. “To the best of my knowledge, the documents were not in the possession of the [CIA] at the time I was briefed,” he will recall. “The discussion was whether or not this report could be accurate. During this discussion, everyone who knew something shared stuff about how the uranium business worked, and I laid out what I knew about the government in Niger, what information they could provide.” With this rather sketchy preparation, Wilson leaves for Niger. [Unger, 2007, pp. 240; Wilson, 2007, pp. 113] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write, “He figured that if the vice president had asked a serious and legitimate question, it deserved a serious answer and he would try to help find it.” [Wilson, 2007, pp. 111]
No Trouble Finding Information - Wilson, who knows the Nigerien government and many of its officials, has little trouble finding the information he needs in the following week. In 2006, he will recall: “Niger has a simplistic government structure. Both the minister of mines and the prime minister had gone through the mines. The French were managing partners of the international consortium [which handles Niger’s uranium]. The French mining company actually had its hands on the project. Nobody else in the consortium had operators on the ground.” Wilson also personally knows Wissam al-Zahawie, Iraq’s ambassador to the Vatican who supposedly negotiated the uranium deal with Niger (see February 1999). Wilson will later observe: “Wissam al-Zahawie was a world-class opera singer, and he went to the Vatican as his last post so he could be near the great European opera houses in Rome. He was not in the Ba’athist inner circle. He was not in Saddam [Hussein]‘s tribe. The idea that he would be entrusted with the super-secret mission to buy 500 tons of uranium from Niger is out of the question.” [Unger, 2007, pp. 240-241] Wilson meets with, among other officials, Niger’s former minister of mines, Mai Manga. As later reported by the Senate Intelligence Committee (see July 9, 2004), Manga tells Wilson “there were no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s,” and he “knew of no contracts signed between Niger and any rogue states for the sale of uranium.” Manga says a “French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transport overseas,” and, “it would be difficult, if not impossible, to arrange a special shipment of uranium to a pariah state given these controls.” [CounterPunch, 11/9/2005]
Meeting with US Ambassador - Wilson arrives in Niger on February 26, two days after Marine General Carlton W. Fulford Jr.‘s meeting (see February 24, 2002) with Nigerien officials. Wilson first meets with US Ambassador to Niger Barbro Owens-Kirkpatrick, a veteran Foreign Service official, whom Wilson will later describe as “crisp” and well-informed. Over tea in the US Embassy offices in Niamey, Niger’s capital, Owens-Kirkpatrick tells Wilson that she has already concluded that the allegations of uranium sales to Iraq are unfounded. “She had already debunked them in her reports to Washington,” Wilson will later recall. “She said, yeah, she knew a lot about this particular report. She thought she had debunked it—and, oh, by the way, a four-star Marine Corps general had been down there as well—Carlton Fulford. And he had left satisfied there was nothing to report.” [Wilson, 2004, pp. 20-22]
Details of Alleged Uranium Production - Niger extracts uranium from two mines, both located in remote locations in the Sahara Desert. It takes well over a day to drive from the mines to Niamey. The mines are owned by a consortium of foreign companies and the Nigerien government, and managed by a French mining company, COGEMA. Because of a recent upswing in the production of Canadian uranium, Niger’s uranium is mined at a net loss, and its only customers are consortium members. Wilson will later write, “[T]he Nigerien government has sold no uranium outside the consortium for two decades.” If Iraq had bought 500 tons of uranium, as the story is told, that would have represented a 40 percent production increase. “There is no doubt,” Wilson will later write, “that such a significant shift from historic production schedules would have been absolutely impossible to hide from the other partners, and most certainly from the managing partner, COGEMA. Everyone involved would have known about it.” Any Nigerien government decision to produce such an amount of uranium would have involved numerous government officials and many well-documented meetings. Because the transaction would have been to a foreign country, Niger’s Foreign Ministry would also have been involved in the decision. To sell Iraq uranium during that time would have been a violation of international law and of UN sanctions against Iraq, a weighty decision that would have ultimately been made by the president of Niger in conjuction with the foreign minister and the minister of mines. Such a decision would have been published in the Nigerien equivalent of the Federal Register and would have dramatic tax and revenue implications. The unexpected huge infusion of cash from the sale would have had a strong impact on the Nigerien economy, and would have been much anticipated and talked about throughout the Nigerien business community. [Wilson, 2004, pp. 22-25]
Off-the-Books Production Virtually Impossible - It is conceivable that such an enormous operation could have been conducted entirely “off the books,” Wilson will write, but virtually impossible to pull off. True, a military junta was in power at the time of the alleged sale, one that felt no responsibility or accountability to the Nigerien people. But even a secret transaction would have been impossible to conceal. Such a transaction would have involved thousands of barrels of clandestinely shipped uranium, extensive and complex adjustments to shipping schedules, and other ramifications. “It simply could not have happened without a great many people knowing about it, and secrets widely known do not remain hidden for long. And again, COGEMA, as the managing partner, would have had to know and be complicit.” Add to that Niger’s dependence on US foreign economic aid and its unwillingness to threaten the loss of that aid by secretly shipping uranium to a country that the US considers a dangerous rogue nation. All told, Wilson concludes, the possibility of such a clandestine operation is remote in the extreme. [Wilson, 2004; Wilson, 2004]
1999 Meeting with Iraqi Official - While speaking with a US Embassy official, Wilson learns about a 1999 meeting between the embassy official and an Iraqi representative in Algiers, perhaps in concert with a similar meeting between Iraqi officials and Niger’s prime minister (see June 1999). [Wilson, 2004, pp. 27-28]
Confirmation that Allegations are Unrealistic - After spending several days talking with current government officials, former government officials, and people associated with the country’s uranium business, Wilson concludes the rumors are completely false. He will later call the allegations “bogus and unrealistic.” [Washington Post, 6/12/2003 pdf file; Knight Ridder, 6/13/2003; Independent, 6/29/2003; New York Times, 7/6/2003; CBS News, 7/11/2003; Vanity Fair, 1/2004; Wilson, 2004, pp. 20-28, 424; Vanity Fair, 5/2004, pp. 282; Wilson, 2007, pp. 113]

Entity Tags: Barbro Owens-Kirkpatrick, Wissam al-Zahawie, Carlton W. Fulford, COGEMA, Mai Manga, Valerie Plame Wilson, Muhammad Saeed al-Sahhaf, Melvin A. Goodman, Central Intelligence Agency, Richard (“Dick”) Cheney, Joseph C. Wilson

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

World Trade Center Building 7, which collapsed late in the afternoon of 9/11, had contained two independently supplied and operated fuel systems for emergency power. The fuel had been in several storage tanks low down in the building. In March and April, two 11,700-gallon tanks that had been located under the building’s first floor loading dock and operated by Silverstein Properties are removed from the collapse site. They show no evidence of fuel leakage. FEMA says that approximately 20,000 gallons of fuel are subsequently recovered from them, which is about 85 percent of their total capacity. In early May, two 6,000-gallon tanks that had been owned by Salomon Smith Barney and were also located below the loading dock are recovered. These were always kept full for emergencies and would have been full on 9/11. Yet now they are damaged and appear to be empty. According to the National Institute of Standards and Technology (NIST), “Some fuel contamination was found in the gravel below the tanks and sand below the slab on which the tanks were mounted, but no contamination was found in the organic marine silt/clay layer underneath.” Shyam Sunder, lead investigator of NIST’s WTC investigation, will state that this “suggests that this fuel… could have been consumed in the building.” This finding “allows for the possibility, though not conclusively, that the fuel may have contributed to a fire on Floor 5” of WTC 7. [Federal Emergency Management Agency, 5/1/2002, pp. 5-15; Associated Press, 6/6/2002; Newsday, 6/6/2002; National Institute of Standards and Technology, 4/5/2005 pdf file; New York City Council, 9/8/2006 pdf file] Some people have speculated that the diesel fuel stored in WTC 7 may have played a role in its collapse (see March 2, 2002). However, FEMA says, “Although the total diesel fuel on the premises contained massive potential energy, the best hypothesis has only a low probability of occurrence.” WTC 7 housed another 6,000-gallon tank between its second and third floors, which was meant to fuel generators that would supply backup power to the mayor’s 23rd-floor emergency command center (see June 8, 1999). Currently, no data are available on the condition of this tank. [Federal Emergency Management Agency, 5/1/2002, pp. 5-16 and 5-31]

Entity Tags: World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A New York Times article theorizes that diesel fuel tanks were responsible for the collapse of Building 7 of the WTC. It collapsed at 5:20 p.m. on 9/11, even though it was farther away from the Twin Towers than many other buildings that remained standing (see (5:20 p.m.) September 11, 2001). It was the first time a steel-reinforced high-rise in the US had ever collapsed in a fire. One of the fuel tanks had been installed in 1999 (see June 8, 1999) as part of a new “Command Center” for Mayor Rudolph Giuliani. [New York Times, 3/2/2002; Dow Jones Business News, 9/10/2002] However, in interviews, several Fire Department officers who were on the scene say they were not aware of any combustible liquid pool fires in WTC 7. [Fire Engineering, 9/2002] And, according to the National Institute of Standards and Technology (NIST), between 11:30 a.m. and 2:30 p.m. on 9/11, “No diesel smells [were] reported from the exterior, stairwells, or lobby areas” of WTC 7. [National Institute of Standards and Technology, 6/2004, pp. L-22] Curiously, given all the Wall Street scandals later in the year, Building 7 housed the SEC files related to numerous Wall Street investigations, as well as other federal investigative files. All the files for approximately 3,000 to 4,000 SEC cases were destroyed. Some were backed up in other places, but many were not, especially those classified as confidential. [New York Law Journal, 9/17/2001] Lost files include documents that could show the relationship between Citigroup and the WorldCom bankruptcy. [Street, 8/9/2002] The Equal Employment Opportunity Commission estimates over 10,000 cases will be affected. [New York Law Journal, 9/14/2001] The Secret Service had its largest field office, with more than 200 employees, in WTC 7 and also lost investigative files. Says one agent: “All the evidence that we stored at 7 World Trade, in all our cases, went down with the building.” [Tech TV, 7/23/2002] The IRS and Department of Defense were also tenants, along with the CIA, which, it has been revealed, had a secret office in Building 7. [CNN, 11/4/2001; New York Times, 11/4/2001; Federal Emergency Management Agency, 5/1/2002, pp. 5-2; New York Magazine, 3/20/2006] A few days later, the head of the WTC collapse investigation says he “would possibly consider examining” the collapse of Building 7, but by this time all the rubble has already been removed and destroyed. [US Congress, 3/6/2002]

Entity Tags: Larry Silverstein, Citibank, Internal Revenue Service, US Securities and Exchange Commission, Central Intelligence Agency, US Secret Service, WorldCom, World Trade Center, US Department of Defense

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Deputy Assistant Attorney General Joan Larsen and Gregory Jacob, an attorney-adviser to the Office of Legal Counsel (OLC), send a classified memo to lawyers in the Justice Department’s civil division. The memo will remain secret, but the American Civil Liberties Union (ACLU) will learn that it regards the availability of habeas corpus protections to detainees captured in the US’s “war on terror.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo asserts that detainees have no habeas corpus protections, and therefore cannot challenge their detentions in US courts, despite multiple Supreme Court rulings to the contrary. [ProPublica, 4/16/2009]

Entity Tags: US Supreme Court, Joan Larsen, Office of Legal Counsel (DOJ), American Civil Liberties Union, Gregory Jacob, US Department of Justice

Timeline Tags: Civil Liberties

Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo to William Howard Taft IV, the chief counsel of the State Department, titled “The President’s Power as Commander in Chief to Transfer Captive Terrorists to the Control and Custody of Foreign Nations.” The memo, actually written by Bybee’s deputy John Yoo, says Congress has no authority to block the president’s power to unilaterally transfer detainees in US custody to other countries. In essence, the memo grants President Bush the power to “rendition” terror suspects to countries without regard to the law or to Congressional legislation, as long as there is no explicit agreement between the US and the other nations to torture the detainees. [US Department of Justice, 3/12/2002 pdf file; Savage, 2007, pp. 148; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009] The memo directly contradicts the 1988 Convention Against Torture (see October 21, 1994), which specifically forbids the transfer of prisoners in the custody of a signatory country to a nation which practices torture. Once the treaty was ratified by Congress in 1994, it became binding law. But Yoo and Bybee argue that the president has the authority as commander in chief to ignore treaties and laws that supposedly interfere with his power to conduct wartime activities. [Savage, 2007, pp. 148-149] In 2009, when the memos are made public (see March 2, 2009), Jennifer Daskal of Human Rights Watch says she is shocked at the memo: “That is [the Office of Legal Counsel] telling people how to get away with sending someone to a nation to be tortured. The idea that the legal counsel’s office would be essentially telling the president how to violate the law is completely contrary to the purpose and the role of what a legal adviser is supposed to do.” [Washington Post, 3/3/2009]

Entity Tags: John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

On Fox News’s Hannity and Colmes talk show, conservative pundit and author David Horowitz calls the Huntington Beach, California, public school district “racist.” Horowitz is objecting to Huntington Beach’s enforcement of racial-balancing policies that prevent white children from transferring out of certain schools and black children from transferring in. Horowitz says: “What’s going on here, it’s probably a class issue. But we don’t even know why these parents—first of all, it’s racist. The school district is racist.” When civil rights activist Lawrence Guyot attempts to refute Horowitz’s claims, Horowitz calls him a “racialist,” saying, “How can we settle the racial problem when we have racialists like Lawrence out there agitating to make every problem a racial problem?” [Media Matters, 12/1/2004]

Entity Tags: Lawrence Guyot, David Horowitz

Timeline Tags: Domestic Propaganda

Secretary of Defense Donald Rumsfeld signs Military Commission Order No. 1 prescribing the procedures of the military commission trials (see November 10, 2001). The order says a two-third majority is required to determine a sentence and unanimity for applying the death penalty. It fails to provide for the possibility of appeals. It also says evidence submitted before a commission “shall” be declared admissible if the presiding officer or a majority of the commission members consider that it “would have probative value to a reasonable person.” [US Department of Defense, 3/21/2002 pdf file]
Fundamental Violations of Defendant Rights - Thus, if the presiding member or a majority considers a statement made under any form of coercion, including torture, to have some “probative value,” it “shall” be admitted. Professor Neal Katyal of Georgetown University later says this is a break with standard proceedings in civil courts and courts-martial and calls it “clearly at odds with American military justice.” [Los Angeles Times, 8/18/2004] Under the rules, the “Accused” is assigned a military officer to conduct his defense, but may select another officer. He may also retain a civilian attorney; however, he may only choose a lawyer who is vetted by the military. Unlike a military attorney, the civilian lawyer can be excluded from the trial if the presiding member of the commission decides to hold closed proceedings. This prompts Amnesty International to observe that the commissions “will restrict the right of defendants to choose their own counsel and to an effective defense.” [Amnesty International, 10/27/2004] Under the rules of the military commissions the military is allowed to monitor private conversations between defense lawyers and their clients. This violates, as Human Rights Watch remarks, “the fundamental notion of attorney-client confidentiality.” [Human Rights Watch, 1/9/2004]
Extraordinary Procedures for a 'Special Breed of Person' - In a discussion of the new rules, Deputy Secretary of Defense Paul Wolfowitz, in an appearance on the PBS NewsHour with Jim Lehrer, explains that the detainees being held in Guantanamo are “dangerous people, whether or not they go before a military commission.” He adds, “We’re dealing with a special breed of person here” and thusly new and far more draconian rules must be applied. [PBS, 3/21/2002]
Battle with JAG Lawyers - Rumsfeld worked with lawyers from the Pentagon’s Judge Advocate General (JAG) office to create the procedures for the commissions. The JAG lawyers viewed the commissions as well outside the established rule of law, both in due process as mandated by the Constitution and in the protections mandated by the Geneva Conventions. But Rumsfeld and his group of political appointees considered the JAGs too closed-minded, and insisted on procedures that horrified the military lawyers—low standards for convictions, denial of civilian attorneys, imposition of the death penalty without unanimous consent of the panel of officers judging the case, and other proposed procedures. The JAGs argued that some of the proposals floated by Rumsfeld and his staff would violate their own ethical standards and put them at risk for later prosecution for war crimes if adopted. One top JAG official threatened to resign if the procedures were not brought more in line with established military law. The final version is a compromise between the two camps. Major General Thomas Romig, the head of JAG, later says that the final version still is not what the JAGs would have created on their own. As reporter and author Charlie Savage will later write, based on Romig’s comments: “While less draconian than the political appointees’ initial plans, the military commissions were still legally objectionable in several respects. The commission rules, for example, allowed secret evidence that would be kept hidden from a defendant and allowed the admission of evidence obtained through coercive interrogations [torture]. Moreover, the special trials still had no explicit congressional authorization.” [Savage, 2007, pp. 138-139]

Entity Tags: Thomas J. Romig, US Department of Defense, Neal Katyal, Donald Rumsfeld, Human Rights Watch, Judge Advocate General Corps, Charlie Savage, Geneva Conventions, Paul Wolfowitz

Timeline Tags: Torture of US Captives, Civil Liberties

Peter Ricketts, the British Foreign Office’s political director, offers advice to Foreign Secretary Jack Straw who is to provide Tony Blair with a note (see March 25, 2002) before he sets off for a planned meeting with Bush in Texas. In the memo, Ricketts recommends that Blair back the Bush policy on regime change, in a broad sense, because it would allow the British to exert some influence on the exact shape of the administration’s policy. “In the process, he can bring home to Bush some of the realities which will be less evident from Washington,” he says. “He can help Bush make good decisions by telling him things his own machine probably isn’t.” But he acknowledges that the British, in backing US plans against Iraq, may have a difficult time convincing Parliament and the British public to support the use of military force against Iraq because of scant evidence supporting Washington’s allegations against Iraq. “The truth is that what has changed is not the pace of Saddam Hussein’s WMD programs, but our tolerance of them post-11 September.” He adds that the “figures” being used in a dossier on Iraq that Downing Street is drafting needs more work in order for it to be “consistent with those of the US.” He explains: “[E]ven the best survey of Iraq’s WMD programs will not show much advance in recent years on the nuclear, missile, or chemical weapons/biological weapons fronts: the programs are extremely worrying but have not, as far as we know, been stepped up.” He also says the US has little evidence to support its other allegation. “US scrambling to establish a link between Iraq and al-Qaeda is so far frankly unconvincing,” he says. [United Kingdom, 3/22/2002 pdf file; Daily Telegraph, 3/21/2005; Guardian, 4/21/2005; Los Angeles Times, 6/15/2005]

Entity Tags: Peter Ricketts, Tony Blair, Jack Straw

Timeline Tags: Events Leading to Iraq Invasion

Oklahoma City mayor Kirk Humphreys visits the site of the World Trade Center, destroyed in the 9/11 attacks, and tells reporters that he cannot help but compare the scene to the damage done almost seven years ago in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), which resulted in the destruction of a federal building and cost the lives of 168 people. Humphreys is on a personal visit with his wife and teenaged daughter. They journey down into the bottom of the pit that once housed the World Trade Center. Humphreys gives some advice for New Yorkers coping with the trauma of the attacks, noting that while the two events have profound differences, the suffering and trauma of the survivors, and of the families and friends of those lost in the attacks, are similar. “The area of Ground Zero, 12 blocks or so, is about the size of our entire downtown,” Humphreys tells reporters. “I tell people that what happened on 9/11 would have wiped out something the size of downtown. But the World Trade Center was an attack on America, and so was Oklahoma City.… Ours was tough, but ours was a piece of cake compared to this one.” In many ways, he says, dealing with the emotional trauma suffered by Oklahoma citizens was the most difficult: “The physical is the easiest part, and right when you think it is over, you realize that you need to address those other needs.… On the morning of April 19, 1995, there were some people who woke up with their lives spinning out of control—and then the bomb went off. You are going to have many people struggling for a long time. More substance abuse. More divorce. More emotional burnout. More suicides.” Oklahoma City plans on opening an exhibit, “Shared Experience,” on April 19, the seven-year anniversary of the bombing. The exhibit will include tributes to the seven New York firefighters and two police officers who died on 9/11 and who helped in the 1995 rescue efforts. Deputy Chief Ray Downey, the leader of the special operations command who died while leading a team of firefighters into the South Tower, is credited with saving dozens of lives in the aftermath of the Oklahoma City bombing. When Downey died, he was wearing a Catholic rosary that had been given to him by Governor Frank Keating (R-OK). The others who rendered assistance in the 1995 blast, and who died on 9/11, are: New York Battalion Chief John J. Fanning; Captain Terence S. Hatton; Lieutenants Kevin C. Dowdell, Michael A. Esposito, and Peter C. Martin; Firefighter William D. Lake; Police Sergeant Michael S. Curtin; and Officer Thomas Langone. Humphreys says of the nine: “They were good men. They helped us in our time of need.” Humphreys was not mayor at the time of the bombing, but is credited with leading the rebuilding effort in Oklahoma City as well as reinvigorating the tourist trade. [New York Times, 3/25/2002]

Entity Tags: Kirk Humphreys, World Trade Center, Frank Keating, Kevin C. Dowdell, Thomas Langone, William D. Lake, Ray Downey, Michael A. Esposito, Michael S. Curtin, Peter C. Martin, John J. Fanning, Terence S. Hatton

Timeline Tags: Complete 911 Timeline, US Domestic Terrorism

Labed Ahmed (a.k.a. Ahmed Taleb).Labed Ahmed (a.k.a. Ahmed Taleb). [Source: US Defense Department]Alleged al-Qaeda Hamburg cell member Labed Ahmed (a.k.a. Ahmed Taleb) is arrested in Faisalabad, Pakistan, as part of a series of raids that also results in the arrest of al-Qaeda leader Abu Zubaida and other suspected al-Qaeda operatives (see March 28, 2002). Apparently, he is in the same house as Zubaida when both of them are arrested. Ahmed is transferred to US custody two months later, and then sent to the US-run prison in Guantanamo, Cuba, on August 5, 2002.
History of Robbery and Drug Dealing - Ahmed is an Algerian in his late 40s. In the early 1980s, he served in the Algerian army for four years. He was found guilty several times of robbery. In the early 1990s, he lived in Italy and was found guilty several times of drug dealing and robbery. From 1994 onwards he lived in Hamburg, Germany, and spent a total of two years in prison for a variety of crimes, including robbery and credit card fraud. He continued to deal illegal drugs. Eventually, he became a radical Islamist and associated with members of the al-Qaeda cell in Hamburg, although when and how this happened is unclear. (Note that in 1995, Hamburg cell member and future 9/11 hijacker Mohamed Atta was investigated for petty drug crimes (see 1995).) [US Department of Defense, 9/16/2005]
Plane Flight with Hamburg Cell Members - On September 3, 2001, Ahmed flew to Pakistan with cell member Said Bahaji, another older Algerian named Ismail Bin Murabit (a.k.a. Ismail Ben Mrabete), and others suspected of links to the Hamburg cell. They stayed in the same hotel when they arrived in Karachi, Pakistan. Information on Ahmed’s travel was uncovered by German investigators (see September 3-5, 2001).
Training and Fighting in Afghanistan, Hiding in Pakistan - According to Ahmed’s 2008 Guantanamo file, Ahmed confesses that he, Bin Murabit, and Bahaji traveled together to the al-Faruq training camp near Kandahar, Afghanistan. There, they met Zakariya Essabar, another Hamburg cell member who had just left Germany (see Late August 2001). Ahmed and Bin Murabit stayed together and trained at a variety of locations in Afghanistan. Later in 2001, they fought against US forces near Bagram, Afghanistan. Ahmed then snuck across the Pakistan border with the help of the Lashkar-e-Toiba militant group, and lived in the same safe house as Zubaida and other militants for about a month before they are all captured. Apparently, Ahmed split up from Bin Murabit at some point, because Bin Murabit is not captured, and it is unclear what happens to him. [US Department of Defense, 4/23/2008] (Note that the contents of these Guantanamo files are often based on dubious sources, and sometimes on torture (see April 24, 2011).) Despite Ahmed’s links to the Hamburg cell and Zubaida, he will be transferred to Algeria on November 10, 2008. It is unknown if he is set free or imprisoned by the Algerian government. [New York Times, 4/25/2011]

Entity Tags: Said Bahaji, Labed Ahmed, Ismail Bin Murabit, Al-Qaeda, Zakariya Essabar, Abu Zubaida, Lashkar-e-Toiba

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In the wake of al-Qaeda leader Abu Zubaida’s arrest (see March 28, 2002), the FBI discovers much useful information (see Shortly After March 28, 2002). FBI agent Dan Coleman leads a team to sort through Zubaida’s computer files and documents. However, at the same time, some US officials come to believe that Zubaida’s prominence in al-Qaeda’s hierarchy has been overestimated. Many FBI officials conclude that he was used as little more than a travel agent for training camp attendees because he was mentally ill. [Suskind, 2006, pp. 94-96, 100]
FBI Agent Coleman: Zubaida Is Mentally Crippled - FBI counterterrorist operative Dan Coleman will go through Zubaida’s journals and other materials seized from his Faisalabad safe house. Coleman will say: “Abu Zubaydah was like a receptionist, like the guy at the front desk [of a hotel]. He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” Because Zubaida is not conversant with al-Qaeda security methods, “[t]hat was why his name had been cropping up for years.” Of Zubaida’s diaries, Coleman will say: “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11. All it does is reveal someone in torment. [Zubaida is physically and mentally crippled from wounds suffered fighting in Afghanistan in the early 1990s.] Based on what I saw of his personality, he could not be what they say he was.” [Vanity Fair, 12/16/2008] Coleman will add: “He knew very little about real operations, or strategy. He was expendable.” Zubaida’s diary evidences his apparent schizophrenia; he wrote it in three different personas, or voices, each with a different and distinctive personality. [Suskind, 2006, pp. 94-96, 100]
Islamist Al-Deen: Importance Overstated? - Noor al-Deen, a Syrian teenager, was captured along with Zubaida. The terrified al-Deen will readily answer questions from his captors, and will describe Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. Al-Deen will be sent to a detention facility in Morocco and later to Syria; his subsequent whereabouts and status will remain unknown to the public. [Washington Post, 3/29/2009]
Informant Says Zubaida Behaved Oddly - Other accounts back up this assessment. For instance, Omar Nasiri, a former informant for European intelligence agencies who met Zubaida in the 1990s, will later describe Zubaida’s odd behavior, saying he “shuffled around his home in near-total darkness, carrying a gas lantern from room to room. He barely spoke and would often communicate by pointing.” [New Yorker, 1/22/2007]
CIA Officer Scheuer: Zubaida Served as Key Hub - Michael Scheuer, who previously ran the CIA’s bin Laden unit (see February 1996), will later say of Zubaida’s importance: “I’d followed him for a decade. If there was one guy you could call a ‘hub,’ he was it.” Scheuer will describe Zubaida not as an actual al-Qaeda member, but “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. Scheuer will say that Zubaida, a Palestinian, “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and he was bent on causing damage to Israel, not the US. [Vanity Fair, 12/16/2008]
Involvement in Pre-9/11 Plots - However, Zubaida does appear to have been involved in numerous plots before 9/11 (see for instance November 30, 1999 and Early September 2001). Al-Qaeda operative Ahmed Ressam cooperated with US investigators after being arrested. He worked with Zubaida and suggested Zubaida was of some importance, but not one of al-Qaeda’s highest leaders. According to Ressam, Zubaida “is the person in charge of the [training] camps. He receives young men from all countries. He accepts you or rejects you. He takes care of the expenses of the camps. He makes arrangements for you when you travel coming in or leaving.” [Gunaratna, 2003, pp. 133] Furthermore, when Zubaida was caught, apparently he and several others staying with him were in the middle of building a bomb. According to one of the CIA officers who helped capture him, the soldering iron used in making the bomb was still hot when he was captured (see Shortly After March 28, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file]
CIA Chief Tenet Rejects Diagnosis of Schizophrenia - In a 2007 book, former CIA Director George Tenet will claim that the reports that Zubaida was mentally unstable were “[b]aloney.… Apparently, the source of the rumor that Abu Zubaida was unbalanced was his personal diary, in which he adopted various personas. From that shaky perch, some junior Freudians leapt to the conclusion that Zubaida had multiple personalities. In fact, agency psychiatrists eventually determined that in his diary he was using a sophisticated literary device to express himself.” [Tenet, 2007, pp. 243]
Zubaida Touted as High-Level Terror Chief - Regardless, despite being briefed otherwise, President Bush and others in his administration will repeatedly tout the importance of capturing Zubaida and no hint of any doubts about his importance or sanity will be publicly expressed (see April 9, 2002 and After). [Suskind, 2006, pp. 94-96, 100]

Entity Tags: Ron Suskind, George J. Tenet, Dan Coleman, Bush administration (43), George W. Bush, Abu Zubaida, Ahmed Ressam, Omar Nasiri, Noor al-Deen

Timeline Tags: Complete 911 Timeline

Ramzi bin al-Shibh.Ramzi bin al-Shibh. [Source: FBI]It is originally reported that Al Jazeera reporter Yosri Fouda interviews 9/11 mastermind Khalid Shaikh Mohammed (KSM) and 9/11 associate Ramzi Bin al-Shibh at a secret location in Karachi, Pakistan, in either June [London Times, 9/8/2002] or August. [Guardian, 9/9/2002] Details and audio footage of the interview come out between September 8 and 12, 2002. The video footage of the interview al-Qaeda promised to hand over is never given to Al Jazeera. [Associated Press, 9/8/2002] Both figures claim the 9/11 attacks were originally going to target nuclear reactors, but “decided against it for fear it would go out of control.” Interviewer Fouda is struck that KSM and bin al-Shibh remember only the hijackers’ code names, and have trouble remembering their real names. [Australian, 9/9/2002] KSM, who calls himself the head of al-Qaeda’s military committee and refers to bin al-Shibh as the coordinator of the “Holy Tuesday” operation, reportedly acknowledges “[a]nd, yes, we did it.” [Fouda and Fielding, 2003, pp. 38] These interviews “are the first full admission by senior figures from bin Laden’s network that they carried out the September 11 attacks.” [London Times, 9/8/2002] Some, however, call Fouda’s claims into doubt. For example, the Financial Times states: “Analysts cited the crude editing of [Fouda’s interview] tapes and the timing of the broadcasts as reasons to be suspicious about their authenticity. Dia Rashwan, an expert on Islamist movements at the Al-Ahram Centre for Strategic Studies in Cairo, said: ‘I have very serious doubts [about the authenticity of this tape]. It could have been a script written by the FBI.’” [Financial Times, 9/11/2002] KSM is later variously reported to be arrested in June 2002, killed or arrested in September 2002, and then arrested in March 2003. After this last arrest report, for the first time Fouda claims this interview took place in April, placing it safely before the first reports of KSM’s capture. [Guardian, 3/4/2003; CTV Television, 3/6/2003] Bin al-Shibh also gets captured several days after Fouda’s interview is broadcast, and some reports say he is captured because this interview allows his voice to be identified. [Observer, 9/15/2002; CBS News, 10/9/2002] As a result, Fouda has been accused of betraying al-Qaeda, and now fears for his life. [Independent, 9/17/2002] As the Washington Post states, “Now Al Jazeera is also subject to rumors of a conspiracy.” [Washington Post, 9/15/2002] Yet after being so reviled by al-Qaeda supporters, Fouda is later given a cassette said to be a bin Laden speech. [MSNBC, 11/18/2002] US officials believe the voice on that cassette is “almost certainly” bin Laden, but one of the world’s leading voice-recognition institutes said it is 95 percent certain the tape is a forgery. [BBC, 11/18/2002; BBC, 11/29/2002] It will later be revealed that details of the interview were told to the CIA in mid-June 2002, which directly resulted in bin al-Shibh’s arrest a few months later (see June 14, 2002 and Shortly After).

Entity Tags: Federal Bureau of Investigation, Osama bin Laden, Ramzi bin al-Shibh, Al-Qaeda, Yosri Fouda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

April 5, 2002: Saeed Shaikh Tried in Secret


Saeed Sheikh surrounded by police.
Saeed Sheikh surrounded by police. [Source: unknown]The Pakistani trial of Saeed Sheikh and three others begins. [BBC, 7/5/2002] NBC reports that death sentences are expected for the four accused killers of Daniel Pearl, despite a lack of evidence. The case will be decided in top secret by handpicked judges in Pakistan’s anti-terrorism courts. “Some in Pakistan’s government also are very concerned about what [the defendant] Saeed might say in court. His organization and other militant groups here have ties to Pakistan’s secret intelligence agency [the ISI]. There are concerns he could try to implicate that government agency in the Pearl case, or other questionable dealings that could be at the very least embarrassing, or worse.” [MSNBC, 4/5/2002] Later in the month the London Times says that the real truth about Saeed will not come out in the trial because, “Sheikh is no ordinary terrorist but a man who has connections that reach high into Pakistan’s military and intelligence elite and into the innermost circles of Osama bin Laden and the al-Qaeda organization.” [London Times, 4/21/2002]

Entity Tags: Daniel Pearl, Osama bin Laden, Saeed Sheikh, Pakistan Directorate for Inter-Services Intelligence, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Justice Department lawyer Patrick Philbin sends a classified memo to Daniel Bryant, a lawyer with the Justice Department’s Office of Legal Counsel, concerning the “Swift Justice Authorization Act.” The memo states that Congress has no power to interfere with President Bush’s authority to act as commander in chief to control US actions during wartime, including Bush’s authority to promulgate military commissions to try and sentence suspected terrorists and other detainees taken by the US as part of its “war on terror.” Philbin’s colleague, OLC lawyer John Yoo, will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice, 4/8/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo will be made public in early 2009 (see March 2, 2009).

Entity Tags: Office of Legal Counsel (DOJ), Patrick F. Philbin, US Department of Justice, Daniel Bryant, John C. Yoo

Timeline Tags: Civil Liberties

A truck bomb kills 19 people, mostly German tourists, at a synagogue in Djerba, Tunisia. It is later claimed that al-Qaeda is behind the attack, and that the suspected bomber speaks with Khalid Shaikh Mohammed (KSM) by phone about three hours before the attack. [Associated Press, 8/24/2002] In June 2002, al-Qaeda spokesperson Suliman abu Ghaith will say that al-Qaeda was behind the bombing (see June 22, 2002).

Entity Tags: Al-Qaeda, Khalid Shaikh Mohammed, Suliman abu Ghaith

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In a column for the National Review advocating the immediate overthrow of Iraq’s Saddam Hussein, neoconservative Jonah Goldberg praises his fellow neoconservative Michael Ledeen and urges the US to implement what he calls the “Ledeen Doctrine,” which he paraphrases as: “Every ten years or so, the United States needs to pick up some small, crappy little country and throw it against the wall, just to show the world we mean business.” Goldberg says that he heard Ledeen make this statement in an early 1990s speech. [National Review, 4/23/2002; Unger, 2007, pp. 149]

Entity Tags: Saddam Hussein, Michael Ledeen, Jonah Goldberg

Timeline Tags: Neoconservative Influence

Guantanamo now holds about 300 prisoners, indicating that the number of detainees has grown at an average rate of 75 persons per month since January 11 (see January 11, 2002). [American Forces Press Service, 1/14/2003]

Timeline Tags: Torture of US Captives

Dr. Sawsan Alhaddad is one of about 30 Iraqi-Americans who have agreed to participate in a CIA intelligence gathering operation (see 2002). Her brother, Saad Tawfiq, is known by the CIA to have been a key figure in Saddam Hussein’s clandestine nuclear weapons program. The CIA has asked Alhaddad to return to Iraq and ask her brother if he would be willing to defect to the US. If he does not want to leave, she is to ask him several questions about Iraq’s supposed nuclear weapons program. She goes to Iraq in early September. A few days into her visit she begins asking him questions about Iraq’s nuclear weapons program. How close is Iraq to developing nuclear weapons? What process is it using for isotope separation? And, what are the names of the scientists who are working on the program? Tawfiq is surprised the CIA appears to actually believe that Iraq has a nuclear weapons program. He tells her the program ended in 1991. As James Risen reports in his book State of War: “We don’t have the resources to make anything anymore, he told her. We don’t even have enough spare parts for our conventional military. We can’t even shoot down an airplane. We don’t have anything left. If the sanctions are ever lifted, then Saddam is certain to restart the programs. But there is nothing now.” When Sawsan returns to the US, she tells her CIA debriefers everything her brother had told her. But the agents conclude that her brother must have been lying. All of the other Iraqi-Americans who traveled to Baghdad seeking information on behalf of the CIA return with the exact same answer—Iraq has no nuclear, chemical, or biological weapons programs. [Risen, 2006, pp. 183-184]

Entity Tags: Sawsan Alhaddad, Central Intelligence Agency, Saad Tawfiq

Timeline Tags: Events Leading to Iraq Invasion

Nicholas Kristof.Nicholas Kristof. [Source: Publicity photo]Columnist Nicholas Kristof writes a series of articles in the New York Times suggesting that Steven Hatfill could be responsible for the 2001 anthrax attacks (see October 5-November 21, 2001). His columns start out vague. In his first column on the subject on May 24, 2002, he speaks of an unnamed “middle-aged American who has worked for the United States military bio-defense program and had access to the labs at Fort Detrick, Maryland. His anthrax vaccinations are up to date, he unquestionably had the ability to make first-rate anthrax, and he was upset at the United States government in the period preceding the anthrax attack.” [New York Times, 5/24/2002] Kristof writes in his next column: “Some in the biodefense community think they know a likely culprit, whom I’ll call Mr. Z. Although the bureau has polygraphed Mr. Z, searched his home twice and interviewed him four times, it has not placed him under surveillance or asked its outside handwriting expert to compare his writing to that on the anthrax letters.” [New York Times, 7/2/2002] His next column suggests Mr. Z could have been behind a fake anthrax scare in 1997 (see April 24, 1997). [New York Times, 7/12/2002] In his final column, he reveals that Mr. Z is in fact Steven Hatfill, the FBI’s prime suspect at the time. Kristof writes: “There is not a shred of traditional physical evidence linking him to the attacks. Still, Dr. Hatfill is wrong to suggest that the FBI has casually designated him the anthrax ‘fall guy.’ The authorities’ interest in Dr. Hatfill arises from a range of factors, including his expertise in dry biological warfare agents, his access to Fort Detrick labs where anthrax spores were kept (although he did not work with anthrax there) and the animus to some federal agencies that shows up in his private writings. He has also failed three successive polygraph examinations since January, and canceled plans for another polygraph exam two weeks ago.” [New York Times, 8/13/2002] Many of the allegations in Kristof’s articles will turn out to be incorrect. The US government will finally clear Hatfill of any connection to the anthrax attacks in 2008 (see August 8, 2008).

Entity Tags: Steven Hatfill, Nicholas Kristof

Timeline Tags: 2001 Anthrax Attacks

Ahmed Chalabi, the leader of the Iraqi National Congress, says that “informants within the Iraqi intelligence community,” have revealed “that Hussein’s VX stockpile is far larger than the 3.9 tons Iraq reported—something UNSCOM inspectors have long suspected,” reports the Washington Post. “Chalabi also says that the VX had been converted into a dry salt for long term storage and was positioned in various sites across Iraq for use in the event of a foreign attack. UNSCOM officials said the account seemed credible, given what was learned about Iraq’s VX program in the final months of weapons inspections.” [Washington Post, 7/31/2002]

Entity Tags: Iraqi National Congress, Ahmed Chalabi, United Nations Special Commission

Timeline Tags: Events Leading to Iraq Invasion

The photo of Mohammed on the right has been flipped to better compare it.The photo of Mohammed on the right has been flipped to better compare it. [Source: FBI]Khalid Shaikh Mohammed (KSM) is publicly identified as the “mastermind” behind the 9/11 attacks. He is believed to have arranged the logistics while on the run in Germany, Pakistan, and Afghanistan. In 1996, he had been secretly indicted in the US for his role in Operation Bojinka (see January 6, 1995), and the US began offering a $2 million reward for his capture in 1998 (see January 8, 1998), which increased to $25 million in December 2001. An international warrant for his arrest was issued in November 2000 (see November 17, 2000). [Associated Press, 6/4/2002; New York Times, 6/5/2002] According to the New York Times, “In recent months, American counterintelligence officials have identified a small group of other al-Qaeda lieutenants as the crucial figures behind the Sept. 11 attacks” aside from KSM. They include Mohammed Atef (who is already deceased), Abu Zubaida, and Ayman al-Zawahiri. [New York Times, 6/5/2002] There are conflicting accounts of how much US investigators knew about KSM before 9/11. He is Pakistani, although he was born and raised in Kuwait. [CBS News, 6/5/2002] He is an uncle of Ramzi Yousef, the bomber of the World Trade Center in 1993. [New York Times, 6/5/2002] In April 2002, captured al-Qaeda leader Abu Zubaida confessed that KSM was the 9/11 mastermind (see April 2002). It is not known how much US intelligence knew about KSM’s link to the 9/11 attacks prior that, although at least some was known (see (December 2001)).

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Mohammed Atef, Ramzi Yousef, Ayman al-Zawahiri, Abu Zubaida, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. [Guardian, 6/11/2002; PBS, 6/11/2002] But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. [London Times, 6/13/2002] It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” [Village Voice, 6/12/2002; Independent, 6/12/2002; BBC, 6/13/2002; Washington Post, 6/13/2003] Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. [Rolling Stone, 9/21/2006 pdf file] Bush soon privately chastises Ashcroft for overstating claims about Padilla. [Guardian, 8/15/2002] The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. [Village Voice, 6/12/2002] It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” [Guardian, 8/15/2002] Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. [San Francisco Chronicle, 6/11/2002; Washington Post, 6/11/2002] The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” [Washington Post, 6/11/2002] Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

Entity Tags: Al-Qaeda, Central Intelligence Agency, London Times, Joint Intelligence Committee, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Complete 911 Timeline

Sheikh Hamad bin Khalifa al-Thani.Sheikh Hamad bin Khalifa al-Thani. [Source: Qatar embassy]Al Jazeera reporter Yosri Fouda recently interviewed 9/11 figures Ramzi bin al-Shibh and Khalid Shaikh Mohammed (KSM), though there are conflicting accounts about whether the interview took place before or after KSM was publicly identified as the 9/11 mastermind (see April, June, or August 2002). Author Ron Suskind will later claim in the book The One Percent Doctrine that on June 14, 2002, Fouda went to his superiors at Al Jazeera’s headquarters in Qatar and told them about the interview. He speaks to Sheikh Hamad bin Thamer al-Thani, the chairman of Al Jazeera and the cousin of the emir of Qatar, and a few others. At this time, the US is intensely pressuring the Qatari government to get Al Jazeera to tone down what the US perceives as anti-American news coverage. In fact, it is widely believed in Qatar that the US deliberately bombed the Al Jazeera office in Kabul, Afghanistan, in November 2001 to send a message. Perhaps as a result of this pressure, a few days after Fouda reveals his interview, the emir of Qatar, Sheikh Hamad bin Khalifa al-Thani, tells the CIA all about it. Fouda described some of al-Qaeda’s operational plans and even had a good idea where the apartment was in Karachi, Pakistan, where the interview took place, and what floor he had been on. Suskind claims that “No one, not even Al Jazeera management, knew the emir was making the call” to the CIA. US intelligence begins an intense surveillance of Karachi in an attempt to find KSM and bin al-Shibh (see Before September 11, 2002). Mostly because of this lead, bin al-Shibh will be arrested in Karachi in September 2002, around the time when Fouda’s interview is finally aired in public (see September 11, 2002). [Suskind, 2006, pp. 134-140] Interestingly, in early September 2002, it will be reported that KSM was arrested in an apartment in Karachi on June 16, 2002, which would be right about when the CIA was given this information (see June 16, 2002).

Entity Tags: Khalid Shaikh Mohammed, Yosri Fouda, Al Jazeera, Central Intelligence Agency, Hamad bin Khalifa al-Thani, Hamad bin Thamer al-Thani, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dennis Pluchinsky, a senior intelligence analyst with the Diplomatic Security Service in the State Department, pens an op-ed for the Washington Post that begins, “I accuse the media in the United States of treason.” Pluchinsky describes himself as a veteran “threat analyst” with 25 years of government experience. He writes that the media has no business reporting on any supposed “intelligence failures” surrounding the 9/11 attacks, calling himself “appalled and confused by many of the post-9/11 articles published at home and abroad, in newspapers, news magazines and academic journals, as well as on the Internet.”
Doing Research for Terrorists - Those articles identify the nation’s weak spots, Pluchinsky argues: “our food supply, electrical grids, chemical plants, trucking industry, ports, borders, airports, special events, and cruise ships.” Terrorists would have no trouble gleaning useful tactical details from some of the articles, he says. Worse, “[n]o terrorist group that I am aware of has the time and manpower to conduct this type of extensive research on a multitude of potential targets. Our news media, and certain think tankers and academicians, have done and continue to do the target vulnerability research for them.” America is at war, Pluchinsky argues, and therefore the media must support the government in that war. He writes that some current media reporting is equivalent to giving actionable information to “Japanese and Nazi saboteurs and fifth columnists” during World War II. There is a wealth of open-source information out there already, Pluchinsky writes; the media should not add to it and thereby make terrorists’ jobs even easier.
Media Reporting on 9/11 Hijackers Aiding Terrorists - Pluchinsky writes that the media’s extensive reporting on the 9/11 hijackers—their entries into the US, their movements and actions once in the country—have done nothing but aid future terrorists. These future terrorists will learn from their predecessors’ mistakes, Pluchinsky believes. Indeed, he asserts, media reports on earlier terrorists such as Ramzi Yousef (see April 2, 1993) likely helped the 9/11 terrorists with their plans.
Only Quote Certain Government Officials - In many cases, he writes, reporters should only interview government sources who will exercise caution in giving possibly useful information to those reporters, and refuse to quote experts and specialists from oversight groups, unions, or even private technicians or consultants. “[I]f not for the media, terrorist groups would have no access to the insights and wisdom of these people,” he writes.
Instead of Reporting News, Inform Government - Instead of writing about it in public forums, Pluchinsky recommends that reporters who believe they have found evidence of vulnerability inform someone in “the proposed Department of Homeland Security” or other government agency.
'Patriotism,' Not 'Censorship' - He writes: “A skeptic would call this censorship; a patriot would call it cooperation. This type of cooperation existed during World War II and believe me, this current war is a ‘world war’ also.” The media would win the “Osama bin Laden award” if al-Qaeda gave one out, he states.
Government Must Enforce Censorship - “This type of reporting—carrying specifics about US vulnerabilities—must be stopped or censored,” he concludes. He recommends that “the Department of Homeland Security establish a program where academicians, reporters, think tankers, or any citizen could contact the department and inform them of security vulnerabilities. If the department determined that these vulnerabilities indeed existed, then it could award ‘Homeland Security Protective Security’ certificates to individuals or ‘Homeland Security Gold Stars’ to newspaper or Internet sites that put the country first during a time of war. If displayed on its banner, this star might increase circulation.” The government should “temporarily restrict… the media from publishing any security information that can be used by our enemies. This was necessary during World War II, it is necessary now. These restrictions were backed by the American public during World War II, and I believe the public would support them now.” In World War II, the slogan was, “Loose lips sink ships,” he reminds his readers. He suggests another slogan for today: “Prolific pens propagate terrorist plots.” [Washington Post, 6/16/2002]
So Extreme It Seems Like Satire, Critic Notes - Liberal pundit Jim Hightower later responds that Pluchinsky’s article is so extreme that he first thought it was satire. After realizing that Pluchinsky is serious, Hightower will note: “Osama’s troops are fairly savvy zealots who figured out how to fly commercial airliners into big buildings, so they already seem to have a pretty clear grasp of our vulnerabilities. It’s not like they’re waiting for Wolf Blitzer to identify targets for them!” A true patriot would not call Pluchinsky’s recommendations “patriotism,” Hightower concludes, “a patriot would call it stupid.” [Austin Chronicle, 7/12/2002]
Method for Hiding Incompetence - Time’s James Poniewozik attempts to take Pluchinsky’s recommendations more seriously than Hightower, and reminds readers that the same open-source information available to terrorists is also available to government officials, law-enforcement officials, and private citizens who can use that information to help counter future attacks. He also points out that Pluchinsky’s uncritical reliance on government officials to use the knowledge given to it by trusting reporters for the public good flies in the face of what we know of the government’s response to the 9/11 attacks. Indeed, Poniewozik writes, adopting Pluchinsky’s recommendations would do little more than give government officials a shield behind which to hide their errors, miscalculations, and outright incompetence. [Time, 6/18/2002] And the Toronto Star’s Lynda Hurst will observe, “[W]arnings work both ways: If anybody had written about the possibility of terrorists taking flying lessons, that alone might have put a wrench into 9/11.” [Toronto Star, 9/8/2002]

Entity Tags: Diplomatic Security Service, Dennis Pluchinsky, Jim Hightower, US Department of Homeland Security, James Poniewozik, Lynda Hurst, US Department of State

Timeline Tags: Domestic Propaganda

Both the 9/11 Congressional Inquiry and the 9/11 Commission examine the NSA’s intercepts of various calls made by the hijackers to an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). The 9/11 Congressional Inquiry refers to several of the calls and gives an idea of the content of some of them. But it does not mention those made by Nawaf Alhazmi and possibly other hijackers from the US after the USS Cole bombing, which are only disclosed later in the media (see Mid-October 2000-Summer 2001 and March 15, 2004 and After). However, this section of the Inquiry report is heavily redacted so most details remain unknown. It states that, although the NSA intercepted the calls and disseminated dispatches about some of them, the NSA did not realize the hijackers were in the US at the time the calls were made. [US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file] The 9/11 Commission Report contains a briefer section on the intercepts and deals with those which led to the surveillance of the al-Qaeda summit in Malaysia (see January 5-8, 2000). In addition, it mentions that Almihdhar called his wife from San Diego in the spring of 2000, but fails to mention that his wife lived at an al-Qaeda communications hub and that the calls were intercepted by the NSA (see Spring-Summer 2000). [9/11 Commission, 7/24/2004, pp. 181, 222] The Los Angeles Times comments: “The [9/11 Congressional Inquiry] and the Sept. 11 commission that came after it referred indirectly to the calls from Yemen to San Diego. But neither report discloses what the NSA gleaned from the calls, or why they were never disclosed to the FBI.” [Los Angeles Times, 12/21/2005] The publication of the 9/11 Commission report and revelations about domestic surveillance by the NSA will lead to increased media interest in and revelations about the intercepts starting from 2004 (see March 15, 2004 and After).

Entity Tags: Hoda al-Hada, 9/11 Congressional Inquiry, 9/11 Commission, Nawaf Alhazmi, Khalid Almihdhar, National Security Agency, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Entifadh Qanbar, a lobbyist for the Iraqi National Congress (INC), sends a memo to the staff of the Senate Appropriations Committee, in which he provides information about a State Department-funded intelligence program, known as the “information-collection program,” run by the INC (see September 2004-September 2006). Qanbar, who says he is the overall manager of the group, states in the memo that under the program, “defectors, reports and raw intelligence are cultivated and analyzed,” and “the results are reported through the INC newspaper (Al Mutamar), the Arabic and Western media and to appropriate governmental, nongovernmental and international agencies.” Information is also passed on to William Luti, who will later run the Office of Special Plans (see September 2002), and John Hannah, a senior national-security aide on Cheney’s staff, who Qunbar describes as the “principal point of contact.” [Newsweek, 12/15/2003; New York Times, 2/12/2004 Sources: Memo] The memo provides a description of some of the people involved in the group and their activities. It says that the analytical group includes five analysts with a background in Iraq’s military, Iraq’s intelligence services and human rights. One person, a consultant, monitors the Iraqi government’s alleged efforts to develop banned weapons. The five analysts process information and write reports, which are sent to Al Mutamar, the INC’s newspaper, as well as the US government and many mainstream news organizations. Qanbar says that the information-collection program issued 30 reports between August 2001 and June 2002, which were sent to Al Mutamar. (Al Mutamar is only available inside Iraq on the Internet; the effectiveness of other government-funded projects to disseminate propaganda inside Iraq could not be proven, and may not have ever existed.) According to the memo, the group published 28 private reports in collaboration with the INC’s headquarters in London. The memo reveals that between October 2001 and May 2002, information provided by the INC was cited in 108 articles published by a variety of English-language news publications, including the New York Times, the Washington Post, Time, Newsweek, the New Yorker, CNN, Fox News, and several others. [New York Times, 2/12/2004; New Yorker, 6/7/2004; Columbia Journalism Review, 7/1/2004] New York Daily News reporter Helen Kennedy will say in 2004, “The INC’s agenda was to get us into a war.” Kennedy’s name appears on Qanbar’s list. “The really damaging stories all came from those guys, not the CIA. They did a really sophisticated job of getting it out there.” Bob Drogin of the Los Angeles Times will say, “I think something that hasn’t gotten a lot of attention is how [the INC] used the British press to plant a lot of this stuff, some of it pretty outlandish.” British journalist Jamie Dettmer points the finger the other way. “I’ve been utterly appalled by the lack of skepticism about this entire Iraq project and the war on terrorism” in the press. When Dettmer learns that his name is on the list, he shouts, “Complete bollocks!” Other journalists on the list will refuse to admit that they were duped by the INC, even though some of their stories contain extensive interviews and dramatic claims from INC sources that were later disproven. Qanbar will say, “We did not provide information. We provided defectors. We take no position on them. It’s up to you reporters to decide if they are credible or not.” [Columbia Journalism Review, 7/1/2004]

Entity Tags: Iraqi National Congress, Richard (“Dick”) Cheney, Entifadh Qanbar, Memo

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to Daniel J. Bryant, another OLC lawyer. Yoo concludes that the Constitution “vests full control of the military operations of the United States to the president,” and denies Congress any role in overseeing or influencing such operations. The memo is consisent with an earlier Justice Department memo (see April 8, 2002). Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice`, 6/27/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo ignores the Non-Detention Act, which states, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an act of Congress.” [ProPublica, 4/16/2009] It will be made public in early 2009 (see March 2, 2009).

Entity Tags: John C. Yoo, Daniel Bryant, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

The FBI takes over interrogations of Saudi Guantanamo detainee Mohamed al-Khatani. He had been captured and taken into US custody months before (see December 2001) but his real identity was only recently discovered. In the months before, military intelligence, using harsh tactics, was unsuccessful in gaining information from him, but the FBI allegedly uses subtle persuasion with an experienced interrogator and succeeds. Khatani discloses:
bullet He is an al-Qaeda member and received terrorist training at two al-Qaeda camps.
bullet He attended an al-Qaeda summit in Malaysia attended by two 9/11 hijackers (see January 5-8, 2000).
bullet He attempted unsuccessfully to be one of the hijackers himself, failing to enter the US in August 2001 (see August 4, 2001).
bullet He had been sent to the US by 9/11 mastermind Khalid Shaikh Mohammed.
bullet He had met bin Laden on several occasions and had been in contact with many other senior al-Qaeda leaders.
bullet He is related to Ali Saleh Kahlah al-Marri, an apparent al-Qaeda sleeper agent already arrested in the US (see September 10, 2001).
bullet He informs on about thirty other prisoners being held at Guantanamo.
But he is also believed to have little knowledge of other al-Qaeda plots. [New York Times, 6/21/2004; Time, 3/3/2006] He will later recant his confession (see October 26, 2006).

Entity Tags: Ali Saleh Kahlah al-Marri, Mohamed al-Khatani, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Saeed Sheikh and three co-defendants are judged guilty for the murder of reporter Daniel Pearl. Saeed, the supposed mastermind of the murder, is sentenced to death by hanging, and the others are given 25-year terms. Saeed threatens the judge with retribution. As if to confirm that his death covers up unpleasant truths, in the stories of his sentencing every major US media story fails to report Saeed’s connections to 9/11 and even to the ISI. [Associated Press, 7/15/2002; Associated Press, 7/15/2002; CBS News, 7/15/2002; CNN, 7/15/2002; Los Angeles Times, 7/15/2002; MSNBC, 7/15/2002; New York Times, 7/15/2002; Reuters, 7/15/2002; Wall Street Journal, 7/15/2002; Washington Post, 7/15/2002; Daily Telegraph, 7/16/2002] In contrast, the British media connects Saeed to the ISI [Guardian, 7/16/2002; Guardian, 7/16/2002; Daily Mail, 7/16/2002] , al-Qaeda [Independent, 7/16/2002] , the 9/11 attacks [Scotsman, 7/16/2002] , or some combination of the three [London Times, 7/16/2002; Daily Mail, 7/16/2002; Daily Telegraph, 7/16/2002] (with one exception [BBC, 7/16/2002; BBC, 7/16/2002] ). The US and British governments both approve of the verdict. [Wall Street Journal, 7/15/2002; BBC, 7/15/2002] In the US, only the Washington Post questions the justice of the verdict. [Washington Post, 7/15/2002; Washington Post, 7/16/2002] By contrast, all British newspapers question the verdict, and subsequently raise additional questions about it (see July 16-21, 2002). Saeed has appealed the decision, but a second trial has yet to begin. [Associated Press, 8/18/2002]

Entity Tags: Al-Qaeda, Pakistan Directorate for Inter-Services Intelligence, Saeed Sheikh, Daniel Pearl

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The memo’s contents will remain secret, but the American Civil Liberties Union (ACLU) will learn that the memo regards the 1984 Convention Against Torture. According to the memo, the first fifteen articles of the Convention, ratified by the United States almost a decade before, “are non-self executing and place no affirmative obligations on the executive branch.” Furthermore, international law in general “lacks domestic legal effect, and in any event can be overridden by the president,” the memo states. In essence, Yoo concludes that the Convention can be ignored by the president. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [United Nations High Commissioner for Human Rights, 12/10/1984; American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

Entity Tags: John C. Yoo, Alberto R. Gonzales, American Civil Liberties Union, Convention Against Torture, Bush administration (43), US Department of Justice, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

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