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Context of 'September 27, 2001: Al-Qaeda Operative Arrested, Tortured in Ultra-Secret Facility'

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

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Timeline Tags: Civil Liberties

Initial Associated Press reports of a crash in Georgia of a B-29 that had been on a test flight for the Air Force’s secret Project Banshee (see October 6, 1948) acknowledge that “the plane had been on a mission testing secret electronic equipment which RCA developed and built under an Air Force contract… Full details of the plane’s mission were not disclosed.… The Air Force would say only that the bomber was engaged in ‘electronic research on different types of radar…’” Local papers have a bit more detail, with survivor accounts hinting at confusion and some contradictions between their versions of events and that being given out by official Air Force spokesmen. Later reports from the Air Force will downplay the B-29’s involvement in Project Banshee. [Siegel, 2008, pp. 56-58]

Entity Tags: Associated Press, US Department of the Air Force, Radio Corporation of America, Project Banshee

Timeline Tags: Civil Liberties

The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]

Entity Tags: US Department of the Air Force, Barry Siegel, Air Materiel Command, Project Banshee

Timeline Tags: Civil Liberties

Frank Folsom, the executive vice president of the Radio Corporation of America’s RCA Victor Division, writes a letter to General Hoyt Vandenberg, the commander of the US Air Force. Folsom is inquiring about the deaths of two RCA employees in a recent B-29 crash in Georgia (see October 6, 1948). The plane had been on a secret test mission for the Air Force’s Project Banshee, a missile development project in which RCA is heavily involved. Folsom believes that the Air Force is downplaying the likelihood that pilot error caused the crash (see October 18, 1948), and tells Vandenberg that “certain steps will [need to be taken] if we are to participate in the future in Air Force flight test programs.” Folsom wants more pay and compensation for RCA employees participating in Air Force test programs, as well as newer and safer airplanes to be used in the test flights and a higher caliber of test pilots and crew members. Perhaps the portion of the letter that causes the most consternation among Air Force officials is Folsom’s request to read over the official accident reports. “When a crash has occurred, a copy of the official report… must be made available promptly to us,” he writes. “Needless to say, the report will not be disclosed except to those who are directly concerned.” Folsom’s letter will spark a new round of Air Force investigations into the crash, in hopes of mollifying Folsom. However, the report from this investigation will be classified at the highest level of security and not provided to RCA. Additionally, though the second investigation will find a strong likelihood of pilot error causing the crash, the Air Force will not admit any such findings to RCA. [Siegel, 2008, pp. 65-80] These accident reports will play a key role in the lawsuit filed against the US government by three widows of killed crew members (see June 21, 1949 and August 7-8, 1950).

Entity Tags: Hoyt Vandenberg, Frank Folsom, Project Banshee, Radio Corporation of America, US Department of the Air Force

Timeline Tags: Civil Liberties

Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]

Entity Tags: Elizabeth Palya, Charles Biddle, Patricia Reynolds, Phyllis Brauner, US Department of the Air Force, Project Banshee

Timeline Tags: Civil Liberties

A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]

Entity Tags: Charles Biddle, Project Banshee, US Department of the Air Force

Timeline Tags: Civil Liberties

The Air Force refuses to meet the court-imposed deadline to turn over accident reports of a 1948 B-29 crash in Georgia (see October 6, 1948) to the plaintiffs in a lawsuit against the government (see July 26, 1950). Instead, the Justice Department argues before the court that because the accident reports might contain “state secrets” that might imperil “national security” if made available to anyone outside the Air Force, the reports cannot be made available. “[T]he aircraft in question, together with the personnel on board, were engaged in a highly secret mission of the Air Force,” the government lawyers argue. “The airplane likewise carried confidential equipment on board and any disclosure of its mission or information concerning its operation or performance would be prejudicial to this department and would not be in the public interest.” Such a claim—that the production of the reports would “seriously hamper national security”—renders the reports “beyond judicial authority,” the Justice Department lawyers claim. [Siegel, 2008, pp. 124-126]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]

Entity Tags: US Department of Justice, William H. Kirkpatrick

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]

Entity Tags: US Department of Justice, Charles Biddle, Barry Siegel

Timeline Tags: Civil Liberties

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

Entity Tags: Albert Maris, US Department of Justice, Barry Siegel, US Supreme Court

Timeline Tags: Civil Liberties

The Justice Department appeals the ruling of the US Appeals Court in the B-29 “Banshee” case (see December 11, 1951). The appellate judges found that the executive branch of government could not unilaterally refuse to hand over classified documents requested during the course of a trial, and justify its decision merely by its own say-so (see October 12, 1950). Solicitor General Philip Perlman argues that the appellate ruling erroneously interprets the law “so as to permit encroachments by the judiciary on an area committed by the Constitution to executive discretion.” The claim of “state secrets,” “executive privilege,” and, ultimately, “national security” must trump judicial concerns, Perlman argues, and he goes on to say that the judiciary should not be allowed to “substitute its judgment for the judgment of the executive.” The case will be labeled United States of America v. Patricia Reynolds, Phyllis Brauner, and Elizabeth Palya, and will usually be shortened to the more colloquial US v. Reynolds.
The Vinson Court - In 2008, author Barry Siegel, in his book Claim of Privilege, will note that the recent ascension of Fred Vinson as the Supreme Court’s Chief Justice does not bode well for the plaintiffs in the case. President Truman placed Vinson, whom Siegel calls Truman’s “poker and drinking buddy,” as Chief Justice to try to achieve consensus between the two contentious blocs of justices on the Court. Siegel notes that Vinson is widely considered an intellectual and legal lightweight, with a tendency to take the side of the government on issues in which he lacks a full understanding. Siegel will write that in many instances, Vinson functions “as part of the executive branch.”
'Dennis' Case Preview of Court's Tendency to Favor Executive Branch - Vinson had written the opinion in a 1951 ruling, Dennis et al v. United States, where the Court had upheld a lower court ruling that twelve acknowledged American Communists were sent to jail under the Smith Act—not for breaking the law, but for “teaching and advocating,” in the words of the original indictment. Siegel will call that ruling “the nadir of the Vinson Court.” According to Siegel, the Dennis ruling showed the Court’s predisposition to give the government, and particularly the executive branch, plenty of leeway in its findings in subsequent cases such as Reynolds. [Siegel, 2008, pp. 157-162]

Entity Tags: Fred Vinson, Elizabeth Palya, US Supreme Court, US Department of Justice, Barry Siegel, Harry S. Truman, Phyllis Brauner, Philip Perlman, Patricia Reynolds

Timeline Tags: Civil Liberties

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

Entity Tags: US Supreme Court, Albert Maris, Robert Stern, US Department of the Air Force, Charles Biddle

Timeline Tags: Civil Liberties

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

Entity Tags: Fred Vinson, US Supreme Court, William O. Douglas

Timeline Tags: Civil Liberties

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

Following the revelations of the Church Committee’s investigation into the excesses of the CIA (see April, 1976), and the equally revealing New York Times article documenting the CIA’s history of domestic surveillance against US citizens for political purposes (see December 21, 1974), Congress passes the Foreign Intelligence Surveillance Act (FISA). In essence, FISA prohibits physical and electronic surveillance against US citizens except in certain circumstances affecting national security, under certain guidelines and restrictions, with court warrants issued by the Foreign Intelligence Surveillance Court (FISC), operating within the Department of Justice as well as with criminal warrants. FISA restricts any surveillance of US citizens (including US corporations and permanent foreign residents) to those suspected of having contact with “foreign powers” and terrorist organizations. FISA gives a certain amount of leeway for such surveillance operations, requiring that the administration submit its evidence for warrantless surveillance to FISC within 24 hours of its onset and keeping the procedures and decisions of FISC secret from the public. [Electronic Frontier Foundation, 9/27/2001; Legal Information Institute, 11/30/2004] On September 14, 2001, Congress will pass a revision of FISA that extends the time period for warrantless surveillance to 72 hours. The revision, part of the Intelligence Authorization Act of 2002, will also lower the standard for the issuance of wiretap warrants and make legal “John Doe,” or generic, warrants that can be used without naming a particular target. FISA revisions will also expand the bounds of the technologies available to the government for electronic and physical surveillance, and broaden the definitions of who can legally be monitored. [US Senate, 9/14/2001; Senator Jane Harman, 2/1/2006]

Entity Tags: Foreign Intelligence Surveillance Court, New York Times, Foreign Intelligence Surveillance Act, US Department of Justice, Church Committee

Timeline Tags: Civil Liberties

President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]

Entity Tags: Foreign Intelligence Surveillance Act, George W. Bush, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Civil Liberties

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

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

Timeline Tags: Civil Liberties

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

Timeline Tags: Civil Liberties

USS ‘Stark’ after being struck by Iraqi missile.USS ‘Stark’ after being struck by Iraqi missile. [Source: US Department of Defense]Two missiles from an Iraqi F-1 Mirage warplane strike the USS Stark, killing 37 of the sailors aboard. The frigate is a member of a US naval task force sent to the Persian Gulf to keep the Gulf open for shipping during the Iran-Iraq War. The Iraqi fighter locks weapons on the Stark three minutes before firing; the commander of the ship refuses to issue the standard “back off” warning to the Iraqi pilot. The first missile bores deep into the ship but fails to explode; the second missile explodes, incinerating the crew’s quarters, the radar room, and the combat information center. The ship burns for two days. [PBS, 2000; Peniston, 2006, pp. 61-63]
Diverting Blame onto Iran - The Pentagon later claims that the Stark indeed warned the fighter pilot not to approach. Iraq quickly apologizes for the attack. The US continues to patrol the Gulf, and continues its program of re-registering Kuwaiti oil tankers under the American flag in order to protect them from Iranian attacks. A diplomat says that given the scale of casualties in the incident, the American public is going to start asking “what the hell is the US doing in the Gulf?” Iran calls the attack on the Stark a “divine blessing.” US officials quickly divert blame for the attack on Iran, accepting an Iraqi explanation that the fighter pilot must have mistaken the US warship for an Iranian vessel. [Guardian, 5/19/1987]
Excusing Iraq, Punishing 'Stark' Commander - “We’ve never considered them hostile at all,” says President Reagan in regards to Iraq’s military. “They’ve never been in any way hostile.… And the villain in the piece is Iran.” Senator John Warner (R-VA), a former secretary of the Navy, denounces Iran as “a belligerent that knows no rules, no morals.” Fellow senator John Glenn (D-OH) calls Iran “the sponsor of terrorism and the hijacker of airliners.” Iraq later determines that the Stark was in its so-called “forbidden zone,” and refuses to produce the pilot for any disciplinary action. The only punishment for the attack is suffered by the captain of the Stark, Glenn Brindel, who is relieved of his command, and his executive officer, who is punished for “dereliction of duty.” [TomDispatch (.com), 5/3/2007]
Lawsuits Dismissed - Two wrongful death lawsuits arising from the attacks will later be dismissed due to the “state secrets” privilege (see June 13, 1991 and September 16, 1992).

Entity Tags: US Department of Defense, US Department of the Navy, Glenn Brindel, John Glenn, John W. Warner, Ronald Reagan

Timeline Tags: US-Iraq 1980s

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

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Mujaheddin battalions in formation during the Bosnia war. More details are unknown.Mujaheddin battalions in formation during the Bosnia war. More details are unknown. [Source: History Channel]Saudi multimillionaire Yassin al-Qadi forms the Muwafaq Foundation (also known as Blessed Relief). The Muwafaq Foundation is a charitable trust registered in Jersey, an island off the coast of Britain with lenient charity regulations. [Burr and Collins, 2006, pp. 121-123] Al-Qadi is said to be the chief investor, donating about $15 to $20 million for the charity from his fortune. He also persuades members of very rich and powerful Saudi families to help out. [Chicago Tribune, 10/29/2001] The foundation’s board of directors will later be called “the creme de la creme of Saudi society.” [New York Times, 10/13/2001] Saudi billionaire Khalid bin Mahfouz’s legal team will later state that bin Mahfouz “was the principal donor to the foundation at its inception in 1991 but was not involved in the running of the charity.” They also will state that the foundation was purely humanitarian and had no terrorist ties. [Bin Mahfouz Info, 11/22/2005] The Muwafaq Foundation opens offices in several African countries, but it is soon suspected of providing funds for Islamic extremists. For instance, in 1992 it opens an office in Mogadishu, Somalia, at a time when al-Qaeda is assisting militants fighting US soldiers there (see October 3-4, 1993). Burr and Collins will claim “its purpose [there] consisted of transporting weapons and ammunition to Islamists in the city.” But most of the foundation’s work appears to center on Bosnia. It opens an office in neighboring Croatia in 1992, the same year the Bosnian war begins, and then in Sarajevo, Bosnia, a year later. By June 1993, group of mujaheddin fighting in the Zenica region of Bosnia form the Al Muwafaq Brigade. It consists of about 750 Afghan-Arabs and has Iranian advisers. According to Burr and Collins, it soon becomes well known in the region that the Muwafaq Foundation is funding the Al Muwafaq Brigade and at least one camp in Afghanistan training mujaheddin to fight in Bosnia. One member of the brigade is Ahmed Ressam, who will later be arrested in an al-Qaeda plot to blow up the Los Angeles airport (see December 14, 1999). In July 1995, a US Foreign Broadcast Information Service report indicates that the Muwafaq Foundation’s office in Zagreb, Croatia, is a bin Laden front. In early 1996, bin Laden will mention in an interview that he supports the “Muwafaq Society” in Zagreb. However, al-Qadi denies any ties to fighting mujaheddin. The brigade apparently disbands after the war ends in 1995 and the Muwafaq Foundation will close its Bosnia office by 1998. [Burr and Collins, 2006, pp. 121-123, 137-138] A secret 1996 CIA report will claim that Muwafaq has ties to the al-Gama’a al-Islamiyya militant group and helps fund mujaheddin fighting in Bosnia and at least one training camp in Afghanistan (see January 1996). The US will declare al-Qadi a terrorist financier shortly after 9/11 but has never taken any action against the Muwafaq Foundation (see 1995-1998).

Entity Tags: Yassin al-Qadi, Khalid bin Mahfouz, Muwafaq Foundation, Al Muwafaq Brigade, Osama bin Laden, Ahmed Ressam

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Earl Patton Ryals, US Department of the Navy

Timeline Tags: Civil Liberties

Fateh Kamel.Fateh Kamel. [Source: Radio Canada]The Al-Kifah Refugee Center in Brooklyn has an office in Zagreb, Croatia, also called the Al-Kifah Refugee Center, and the links between the two are very close. Both are connected to Maktab al-Khidamat/Al-Kifah in Pakistan, which is an al-Qaeda charity front. Hassan Hakim, deputy director of the Zagreb office, says his office is linked only to the Brooklyn office. This is important because the Zagreb office is closely involved in assisting mujaheddin in the Bosnian war and the Brooklyn office is closely linked to the CIA, suggesting the CIA could be assisting the Bosnia mujaheddin through the relationship between Brooklyn and Zagreb offices. [Washington Post, 8/3/1993; Kohlmann, 2004, pp. 41] The Zagreb office will remain open after the Brooklyn office is closed in the wake of the 1993 WTC bombing (see February 26, 1993), as all of the bombers were connected to that office. A Washington Post journalist who visits it in August 1993 describes it as being “housed in a modern, two-story building staffed by Arabs who identified themselves as Algerians.” [Washington Post, 8/3/1993] Like the Brooklyn office, the Zagreb office appears to be staffed with many militants involved in illegal activities:
bullet Fateh Kamel will reportedly be involved in many attacks and is considered a leader for Ahmed Ressam, who will attempt to bomb the Los Angeles airport (see December 14, 1999).
bullet Lionel Dumont is involved in numerous al-Qaeda plots, even as far afield as Japan.
bullet Hocine Senoussaoui is connected with Al-Gama’a al-Islamiyya and the GIA and will be arrested in France in 1996. [Kohlmann, 2004, pp. 164, 186, 189, 195]
bullet Kamar Eddine Kherbane, head of the Zagreb office, is a known al-Qaeda operative as well as a leader of an Algerian extremist group, and allegedly will be involved in the 9/11 attacks (see September 18-20, 2001).
bullet Hassan Hakim. A 1996 CIA report will say that he is a senior member of Algerian extremist groups and was arrested in France for weapons smuggling in July 1994.
bullet In 1996, a CIA report will say that an Algerian national connected to the Zagreb office is “preparing for an unspecified terrorist attack in Europe…” [Central Intelligence Agency, 1/1996]

Entity Tags: Lionel Dumont, Hocine Senoussaoui, Hassan Hakim, Kamer Eddine Kherbane, Al-Kifah Refugee Center, Fateh Kamel, Maktab al-Khidamat

Timeline Tags: Complete 911 Timeline

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Tayseer Allouni.Tayseer Allouni. [Source: Public domain / Antonio Casas]Al Jazeera reporter Tayseer Allouni makes several trips to Turkey and Afghanistan, taking money with him and giving it to people who are later said to be militants. Allouni, some of whose telephone conversations are recorded by Spanish authorities from the mid-1990s (see 1995 and After), makes numerous trips to Turkey and Afghanistan, carrying no more than $4,000 each time. Allouni’s associates include Mamoun Darkazanli and Mohammed Haydar Zammar, who are linked to 9/11 hijackers Mohamed Atta, Marwan Alshehhi, and Ziad Jarrah (see November 1, 1998-February 2001 and October 9, 1999), as well as Spain-based al-Qaeda operative Barakat Yarkas, who also is in contact with Darkazanli and Zammar (see August 1998-September 11, 2001). [Miles, 2005, pp. 306-313] In 2000, Allouni is monitored by the Spanish government as he makes several trips to Afghanistan. His lawyer will later concede that he was given $35,000 by Yarkas, and Allouni will acknowledge that he did carry thousands of dollars from Yarkas to Afghanistan, Turkey, and Chechnya. [Chicago Tribune, 10/19/2003] However, Allouni will later say he is not a member of al-Qaeda and was only taking the money to friends and other Syrian exiles. He will later interview Osama bin Laden (see October 20, 2001) and be sentenced to jail for his alleged al-Qaeda membership (see September 26, 2005). [Miles, 2005, pp. 306-313]

Entity Tags: Mohammed Haydar Zammar, Barakat Yarkas, Mamoun Darkazanli, Al Jazeera, Tayseer Allouni, Spain

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Project Banshee, Sheila E. Witnall, Judy Palya Loether, US Department of the Air Force

Timeline Tags: Civil Liberties

Apparently, this is news video of Mohammed Haydar Zammar taken shortly after 9/11.Apparently, this is news video of Mohammed Haydar Zammar taken shortly after 9/11. [Source: UE-TV]An investigation of al-Qaeda contacts in Hamburg by the Office for the Protection of the Constitution (BfV), Germany’s domestic intelligence service, begins at least by this time (Germany refuses to disclose additional details). The investigation is called Operation Zartheit (Operation Tenderness), and it was started by a tip about Mohammed Haydar Zammar from Turkish intelligence (see 1996). [New York Times, 1/18/2003]
Zammar Linked to Hamburg 9/11 Cell and Bin Laden - It is later believed that Zammar, a German of Syrian origin, is a part of the Hamburg al-Qaeda cell. [Los Angeles Times, 1/14/2003] Zammar will later claim that he recruited 9/11 hijacker Mohamed Atta and others into the cell. [Washington Post, 6/12/2002] German intelligence is aware that he was personally invited to Afghanistan by bin Laden. [Frankfurter Allgemeine Zeitung (Frankfurt), 2/2/2003] The investigation into Zammar allegedly stops in early 2000, after investigators conclude they don’t have enough evidence to convict him of any crime. [Der Spiegel (Hamburg), 11/21/2005]
CIA Involved with Zammar Operation - Vanity Fair will later claim that “A lone CIA agent, the Germans disclose, attempted to work alongside them” in Operation Zartheit, but German “requests for greater information and cooperation from the CIA, they claim, came to naught.” [Vanity Fair, 11/2004] This CIA agent is probably Thomas Volz, who is the CIA’s undercover agent in Hamburg at the time (see December 1999).

Entity Tags: Mohammed Haydar Zammar, Thomas Volz, Mohamed Atta, Central Intelligence Agency, Al-Qaeda, Ansaldo Energia, Osama bin Laden, Barakat Yarkas

Timeline Tags: Complete 911 Timeline

David EdgerDavid Edger [Source: Daily Oklahoma (2002)]David Edger, a veteran CIA operative, is nominated chief of station at the US embassy in Berlin. [Washington Post, 5/1/1997] Previously, Edger had been associate deputy director for operations in the Directorate of Operations (DO) since July 1995. [Associated Press, 7/31/1995] The DO is the clandestine operations arm of the CIA. [Tenet, 2007, pp. 18] Many reports in the German and international press indicate that the CIA was monitoring members of the Hamburg cell in the years before 9/11 and tried to recruit informers (see November 1, 1998-February 2001 and December 1999). Although press reports do not mention him by name, these efforts would have been overseen by Edger. He will later say that the CIA tracked some of the people responsible for the 9/11 attacks in Germany (see February 12, 2002). Edger will stay in this position until the summer of 2001, when he is appointed to the University of Oklahoma (see August 2001).

Entity Tags: David Edger, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

The apartment building in Wilhelmsburg where Atta and his associates live in 1998.The apartment building in Wilhelmsburg where Atta and his associates live in 1998. [Source: Associated Press]Future 9/11 hijacker Mohamed Atta and a group of his radical Islamist friends move into an apartment in Wilhelmsburg, an island on the Elbe River in the middle of Hamburg, Germany. The area is a run-down industrial zone. It is unclear who all the members of the group living in the apartment are, but Marwan Alshehhi and Ramzi bin al-Shibh live there. For the first time, this group becomes very closely tied together. They live an extremely simple life, with nothing but mattresses for furniture and no electrical devices except for lights. Neighbors will later say the men in the apartment talk long into the night nearly every night, with the blinds on the windows permanently closed. The group moves to a nicer apartment on November 1, 1998 (see November 1, 1998-February 2001). [McDermott, 2005, pp. 58-60]

Entity Tags: Marwan Alshehhi, Mohamed Atta, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right).Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right). [Source: Associated Press]Two US embassies in Africa are bombed within minutes of each other. At 10:35 a.m., local time, a suicide car bomb attack in Nairobi, Kenya, kills 213 people, including 12 US nationals, and injures more than 4,500. Mohamed al-Owhali and someone known only as Azzam are the suicide bombers, but al-Owhali runs away at the last minute and survives. Four minutes later, a suicide car bomb attack in Dar es Salaam, Tanzania, kills 11 and injures 85. Hamden Khalif Allah Awad is the suicide bomber there. The attacks will be blamed on al-Qaeda. [PBS Frontline, 2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001] The Tanzania death toll is low because, remarkably, the attack takes place on a national holiday so the US embassy there is closed. [Miller, Stone, and Mitchell, 2002, pp. 195] The attack shows al-Qaeda has a capability for simultaneous attacks. The Tanzania bombing appears to have been a late addition, as one of the arrested bombers will allegedly tell US agents that it was added to the plot only about 10 days in advance. [United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001] A third attack against the US embassy in Uganda does not take place due to a last-minute delay (see August 7, 1998). [Associated Press, 9/25/1998] August 7, 1998, is the eighth anniversary of the arrival of US troops in Saudi Arabia and some people will speculate that this is the reason for the date of the bombings. [Gunaratna, 2003, pp. 46] In the 2002 book The Cell, reporters John Miller, Michael Stone, and Chris Mitchell will write: “What has become clear with time is that facets of the East Africa plot had been known beforehand to the FBI, the CIA, the State Department, and to Israeli and Kenyan intelligence services.… [N]o one can seriously argue that the horrors of August 7, 1998, couldn’t have been prevented.” They will also comment, “Inexplicable as the intelligence failure was, more baffling still was that al-Qaeda correctly presumed that a major attack could be carried out by a cell that US agents had already uncovered.” [Miller, Stone, and Mitchell, 2002, pp. 195, 206] After 9/11, it will come to light that three of the alleged hijackers, Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi, had some involvement in the bombings (see October 4, 2001, Late 1999, and 1993-1999) and that the US intelligence community was aware of this involvement by late 1999 (see December 15-31, 1999), if not before.

Entity Tags: Salem Alhazmi, Nawaf Alhazmi, Mohamed al-Owhali, Hamden Khalif Allah Awad, Khalid Almihdhar, Al-Qaeda, Azzam

Timeline Tags: Complete 911 Timeline

Mounir El Motassadeq.Mounir El Motassadeq. [Source: Associated Press]A German inquiry into Mounir El Motassadeq, a member of the Hamburg al-Qaeda cell, begins by this date. Although Germany will not reveal details, documents show that by August 1998, El Motassadeq is under surveillance. “The trail soon [leads] to most of the main [Hamburg] participants” in 9/11. Surveillance records El Motassadeq and Mohammed Haydar Zammar, who had already been identified by police as a suspected extremist, as they meet at the Hamburg home of Said Bahaji on August 29, 1998. Files show that investigators are aware of who Bahaji is by this time.(Bahaji will soon move into an apartment with 9/11 hijacker Mohamed Atta and other al-Qaeda members (see November 1, 1998-February 2001.) German police monitor several other meetings between El Motassadeq and Zammar in the following months. [New York Times, 1/18/2003] El Motassadeq will later be sentenced to 15 years in prison for membership in al-Qaeda (see August 19, 2005).

Entity Tags: Mounir El Motassadeq, Mohammed Haydar Zammar, German intelligence community, Mohamed Atta, Said Bahaji

Timeline Tags: Complete 911 Timeline

Counterterrorism expert Rohan Gunaratna will later write that after the US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), surveillance of al-Qaeda is stepped up around the world. “One intelligence officer attached to the French embassy in Islamabad, [Pakistan], urged his counterparts in foreign missions in Pakistan to detail the recipients of phone calls made by… al-Qaeda leader Abu Zubaida, then living in Peshawar, to individuals in their various countries.” As a result, “several governments [launch] investigations of their own.” [Gunaratna, 2003, pp. 245] A close associate of Zubaida in Peshawar at this time is Khalil Deek, who is actually a mole for the Jordanian government (see 1998-December 11, 1999). One such investigation is launched by the Philippine government on October 16, 1998, after being asked by French intelligence to gather intelligence on people in the Philippines in contact with Zubaida. Code named CoPlan Pink Poppy, the investigation reveals connections between al-Qaeda and the Moro Islamic Liberation Front (MILF), a Philippine militant group. On December 16, 1999, Abdesselem Boulanouar and Zoheir Djalili, two French Algerians belonging to the Algerian al-Qaeda affiliate the Salafist Group for Call and Combat (GSPC), are arrested due to information learned from monitoring Zubaida’s calls to the Philippines. Boulanouar is arrested at an airport carrying a terrorist training manual he admitted writing for the MILF. Both men also are arrested carrying explosive devices. French intelligence says Boulanouar had ties to Ahmed Ressam (see December 14, 1999), and like Ressam, may have been planning to carry out attacks at the turn of the millennium. He will be deported to France and imprisoned on terrorism related charges. CoPlan Pink Poppy will be canceled in 2000 for lack of funds. [Gulf News, 3/14/2000; Ressa, 2003, pp. 132-133; Gunaratna, 2003, pp. 245] However, while details are murky, it appears other governments continue to monitor Zubaida’s calls. Around the same time as the Philippines arrests, one militant in Jordan is even arrested while still in the middle of a phone call to Zubaida (see November 30, 1999). US intelligence will remain intensely focused on Zubaida before 9/11 (see Late March-Early April 2001 and May 30, 2001), and just days before 9/11 the NSA will monitor calls Zubaida is making to the US (see Early September 2001). It appears his calls will continue to be monitored after 9/11 as well (see October 8, 2001).

Entity Tags: Khalil Deek, Zoheir Djalili, Moro Islamic Liberation Front, Direction Générale de la Sécurité Extérieure, Abdesselem Boulanouar, Philippines, Abu Zubaida, Al-Qaeda, Ahmed Ressam, Salafist Group for Preaching and Combat

Timeline Tags: Complete 911 Timeline

Three Yemeni men are arrested in Turin, Italy. They are connected to planned attacks on US facilities in Europe. They are members of Islamic Jihad, the Egyptian militant group led by al-Qaeda number two, Ayman al-Zawahiri. Italian police search their apartments and discover beards, wigs, weapons, and contact details for Mohammed Haydar Zammar, a member of the Hamburg al-Qaeda cell. This information is quickly passed to the German domestic intelligence service. Prior to this point, Germany has been investigating Zammar (see March 1997-Early 2000), but apparently they are uncertain if his claims of training in Afghanistan and meeting bin Laden are idle boasts. But after these arrests in Italy, German intelligence will realize Zammar has connections to real terrorists. The surveillance operation on him, and others in the Hamburg cell, will increase in intensity. [Stern, 8/13/2003; Vanity Fair, 11/2004]

Entity Tags: Germany, Italy, Mohammed Haydar Zammar, Islamic Jihad

Timeline Tags: Complete 911 Timeline

The Marienstrasse building.The Marienstrasse building. [Source: Associated Press]Future 9/11 hijacker Mohamed Atta, al-Qaeda operatives Said Bahaji and Ramzi Bin al-Shibh, and others in the al-Qaeda Hamburg cell move into a four bedroom apartment at 54 Marienstrasse, in Hamburg, Germany, and some of them stay there until February 2001. Investigators will later believe this move marks the formation of the Hamburg al-Qaeda cell. [Los Angeles Times, 1/27/2002; New York Times, 9/10/2002] Up to six men at a time live at the apartment, including, at times, 9/11 hijacker Marwan Alshehhi and cell member Zakariya Essabar. Alshehhi moves out after the first month; it is unclear why. [New York Times, 9/15/2001] During the 28 months Atta’s name is on the apartment lease, 29 Middle Eastern or North African men register the apartment as their home address.
Surveillance of Bahaji - From the very beginning, the apartment is under surveillance by German intelligence, because of investigations into businessman Mamoun Darkazanli that connect to Bahaji. [Washington Post, 10/23/2001] The Germans also suspect connections between Bahaji and al-Qaeda operative Mohammed Haydar Zammar. [Los Angeles Times, 9/1/2002] Bahaji is directly monitored for at least part of 1998, but German officials will not disclose when the probe began or ends. This investigation is dropped for lack of evidence (see (Late 1998)). [Associated Press, 6/22/2002; Los Angeles Times, 9/1/2002] Bahaji moves out in July 1999 and gets married a few months later (see October 9, 1999). [Der Spiegel (Hamburg), 8/29/2011]
Surveillance of El Motassadeq - German intelligence monitors the apartment off and on for months, and wiretaps Mounir El Motassadeq, an associate of the apartment-mates who will later be convicted for assisting the 9/11 plot, but apparently it does not find any indication of suspicious activity (see August 29, 1998). [Chicago Tribune, 9/5/2002]
Surveillance of Zammar - Zammar, a talkative man who has trouble keeping secrets, does not live at the apartment, but he is a frequent visitor to the many late night meetings there. [Miller, Stone, and Mitchell, 2002, pp. 259-60; Los Angeles Times, 9/1/2002; Chicago Tribune, 9/5/2002] He even lives in the apartment for a time in February 1999 (see February 1999). Zammar is the focus of an investigation that began in 1997 and continues until early 2000 (see March 1997-Early 2000). Interest in monitoring him increases in late 1998 (see October 2, 1998).
Surveillance of Atta - The CIA also allegedly starts monitoring Atta in early 2000 while he is living at the apartment, and does not tell Germany of the surveillance (see January-May 2000). Atta leaves Germany to live in the US in June 2000 (see June 3, 2000).
No Direct German Surveillance of the Apartment? - Yet, even though people like Zammar who frequently phone and visit the apartment are monitored, German officials will later claim that the apartment itself is never bugged. An unnamed senior German security official will later say that some surveillance of associated people gives “the impression that the people living there were fanatical believers. At the BfV [Germany’s domestic intelligence agency], we had to decide whether to ask permission to place a wiretap on the line at 54 Marienstrasse itself. We discussed this every day.” But he will claim that they ultimately decide they will not be able to get legal permission for a wiretap because there is no evidence that the apartment’s occupants are breaking any laws. [Vanity Fair, 11/2004] This claim that the apartment was not directly monitored seems contradicted by reports that Bahaji was the target of a surveillance investigation when he was living in the Marienstrasse apartment in late 1998 (see (Late 1998)).
What Would More Surveillance Have Uncovered? - It will later be clear that investigators could have found evidence if they looked more thoroughly. For instance, one visitor will recall Atta and others discussing attacking the US. [Knight Ridder, 9/9/2002] 9/11 mastermind Khalid Shaikh Mohammed is in Hamburg several times in 1999 and comes to the apartment. However, although there is a $2 million reward for Mohammed since 1998, the US apparently fails to tell Germany what it knows about him (see 1999). [Newsweek, 9/4/2002; New York Times, 11/4/2002] 9/11 Hijacker Waleed Alshehri also apparently stays at the apartment “at times.” [Washington Post, 9/14/2001; Washington Post, 9/16/2001] Remarkably, shortly after 9/11, the German government will claim it knew little about the Hamburg al-Qaeda cell before 9/11, and nothing directed it towards the Marienstrasse apartment. [Daily Telegraph, 11/24/2001]

Entity Tags: Mamoun Darkazanli, Khalid Shaikh Mohammed, Said Bahaji, Marwan Alshehhi, Central Intelligence Agency, Mohamed Atta, Mounir El Motassadeq, Al-Qaeda, Mohammed Haydar Zammar, Zakariya Essabar, Ramzi bin al-Shibh, Bundesamt fur Verfassungsschutz

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

German intelligence investigates al-Qaeda Hamburg cell member Said Bahaji. The investigation stems from an investigation into cell member Mohammed Haydar Zammar, which started in 1997 (see March 1997-Early 2000). Many contacts are noticed between Zammar and Bahaji. According to the Los Angeles Times: “In part because of the acquaintance, German police in 1998 performed what they describe as limited surveillance on Bahaji. Bahaji at the time was living with [future 9/11 hijacker Mohamed] Atta and [hijacker associate Ramzi] bin al-Shibh. Nothing came of the surveillance and it was discontinued.” [Los Angeles Times, 9/1/2002] However, German officials will not say when exactly the surveillance stops. [Associated Press, 6/22/2002] Bahaji lives with Atta and bin al-Shibh at the Marienstrasse apartment starting in November 1998 (see November 1, 1998-February 2001), so the surveillance of him probably starts in late 1998. However, it is likely that interest in and possibly surveillance of Bahaji continues after this time. Bahaji will be watchlisted in March 2000 (see March 2000). Author Terry McDermott will later comment about the difficulty of being put on a watch list: “In Germany, this was not a casual event. In order to be placed on such lists, intelligence agencies had to go to great lengths to demonstrate to the Bundestag, the German parliament, that the person under question was of potential danger to the state.” McDermott will further note that being placed on this list would be an indication the person has been under surveillance for a long time. [McDermott, 2005, pp. 73, 297]

Entity Tags: Ramzi bin al-Shibh, Bundesamt fur Verfassungsschutz, Mohammed Haydar Zammar, Terry McDermott, Said Bahaji, Mohamed Atta

Timeline Tags: Complete 911 Timeline

Mohamedou Ould Slahi.Mohamedou Ould Slahi. [Source: WDR.de]The 9/11 Commission will later call Mohamedou Ould Slahi “a significant al-Qaeda operative who, even [in late 1999], was well known to US and German intelligence, though neither government apparently knew he was operating in Germany.” [9/11 Commission, 7/24/2004, pp. 165]
Thinks He Was Monitored - However, while in US custody after 9/11, Slahi will allege that a phone call he received in January 1999 from his cousin Mahfouz Walad Al-Walid, a top al-Qaeda leader living in Afghanistan, was monitored. Slahi will say, “I later learned that my cousin was using Osama bin Laden’s satellite phone that was intercepted.” Another mutual cousin was arrested that month and Slahi says, “I wasn’t captured, but I am sure I was followed by the German police [and/or] German intelligence.” He claims the imam at his mosque told him that German officials had come to ask questions about him and was told Slahi had ties with terrorists. [US Department of Defense, 4/20/2006, pp. 184-216] In 2000, the New York Times will report that German authorities became interested in Slahi “shortly after the bombings of American Embassies in East Africa in 1998. The German authorities learned that [he] might have ties to Islamic extremists in Europe.” [New York Times, 1/29/2000]
Links to 9/11 Hijackers - After Hamburg al-Qaeda cell member Ramzi bin al-Shibh is captured in 2002, he will allegedly claim that Slahi was the one who originally recruited 9/11 hijackers Marwan Alshehhi and Ziad Jarrah. [Agence France-Presse, 10/26/2002] After 9/11, another prisoner in US custody will say that Slahi and bin al-Shibh met in Frankfurt in 1999 through an acquaintance. This acquaintance will go further and will claim Slahi knew bin al-Shibh and Jarrah since at least 1998 and that Slahi later lived with them in Hamburg. [9/11 Commission, 7/24/2004, pp. 496] In October 1999, bin al-Shibh and Alshehhi call Slahi, and he invites them to come to where he lives in Duisburg, Germany. Bin al-Shibh, Alshehhi, and Ziad Jarrah soon go visit him there. Karim Mehdi, an apparent leader of the al-Qaeda Ruhr Valley cell who will later be sentenced to nine years in prison for a post-9/11 plot, is also at this meeting. Bin al-Shibh, Alsehhi, and Jarrah follow Slahi’s advice to go to Afghanistan instead of Chechnya, and he gives them instructions on how to meet up with al-Qaeda operatives there. [9/11 Commission, 7/24/2004, pp. 165; Deutsche Presse-Agentur (Hamburg), 8/3/2005; Associated Press, 10/26/2006] US investigators later believe Slahi worked closely on al-Qaeda matters with bin al-Shibh and instructed another militant to go to the US and to take part in the 9/11 plot. Additionally, he is believed to have a key role in Ahmed Ressam’s millennium plot (see December 15-31, 1999). [Los Angeles Times, 4/24/2006]
No Action - German authorities are monitoring and wiretapping the phones at bin al-Shibh’s apartment throughout 1999 (see November 1, 1998-February 2001 and 2000), but they apparently do not connect Slahi to the Hamburg militants or do not act on that connection. The Germans will apparently miss another chance to learn of his ties to the Hamburg cell in April 2000, when Slahi is arrested for three weeks in Germany and then let go (see January-April 2000). [US Department of Defense, 4/20/2006, pp. 184-216] Note that the testimonies of detainees such as Slahi and bin al-Shibh are suspect due to widespread allegations that they were tortured into confessions (for instance, see September 27, 2001).

Entity Tags: 9/11 Commission, Karim Mehdi, Mohamedou Ould Slahi, Ramzi bin al-Shibh, Ziad Jarrah, Mahfouz Walad Al-Walid, Marwan Alshehhi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Monitored al-Qaeda Hamburg cell member Mohammed Haydar Zammar temporarily lives with future 9/11 hijacker Mohamed Atta and 9/11 hijacker associates Said Bahaji and Ramzi bin al-Shibh. They live in a four bedroom apartment at 54 Marienstrasse, in Hamburg, Germany (see November 1, 1998-February 2001). This is according to a September 2001 memo from the BfV (Germany’s domestic intelligence agency), so it may come from surveillance conducted before 9/11. It is not known why Zammar lives here at this time, since he has his own wife and family in Hamburg; nor is it known how many days he stays at the apartment. [Vanity Fair, 11/2004] Zammar is under surveillance by the BfV at this time (see March 1997-Early 2000), and he is likely under surveillance by the CIA as well (see Shortly After September 16, 1998 and Summer 1999).

Entity Tags: Said Bahaji, Bundesamt fur Verfassungsschutz, Central Intelligence Agency, Mohamed Atta, Ramzi bin al-Shibh, Mohammed Haydar Zammar

Said Bahaji, computer expert for the Hamburg cell.Said Bahaji, computer expert for the Hamburg cell. [Source: German Bavarian Police]German intelligence monitors a phone call in which the names of key members of the al-Qaeda Hamburg cell are mentioned. Future 9/11 hijacker Mohamed Atta’s full name and telephone number are even mentioned. German domestic intelligence (BfV) has been monitoring al-Qaeda operative Mohammed Haydar Zammar’s telephone (see March 1997-Early 2000). On this day, Zammar is not home, but his parents speak to each other on the phone and are trying to figure out where he is. One of them suggests that Zammar is at a meeting with “Mohamed, Ramzi, and Said,” and can be reached at the phone number of the Marienstrasse apartment where all three of them live. This refers to cell members Atta, Ramzi Bin al-Shibh, and Said Bahaji. “Mounir”—cell member Mounir El Motassadeq—is mentioned as well. However, apparently German intelligence fails to grasp the importance of these names, even though Bahaji and El Motassadeq are also under investigation at this time (see August 29, 1998). The Marienstrasse apartment is the center of the cell’s activity (see November 1, 1998-February 2001). [Associated Press, 6/22/2002; New York Times, 1/18/2003; Der Spiegel (Hamburg), 2/3/2003] Atta’s first and last name are mentioned in the phone call between Zammar’s parents. Agents check the Marienstrasse phone number, which they find is registered to Bahaji. They also confirm the street address, but it is not known what they make of the information. [Der Spiegel (Hamburg), 2/3/2003]

Entity Tags: Ramzi bin al-Shibh, Mounir El Motassadeq, Said Bahaji, Mohamed Atta, Mohammed Haydar Zammar, Bundesamt fur Verfassungsschutz

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

CIA Director George Tenet tells a closed session of Congress, “We have seen numerous reports that bin Laden and his associates are planning terrorist attacks against US officials and facilities in a variety of locations, including in the US.” [Coll, 2004, pp. 454] However, six months later and after a well-publicized attempted al-Qaeda attack on the Los Angeles airport (see December 14, 1999), he will not mention in an open session that bin Laden has the capability to stage attacks inside the US (see February 2, 2000).

Entity Tags: Osama bin Laden, US Congress, George J. Tenet

Timeline Tags: Complete 911 Timeline

A CIA officer whose first name is “Albert” drafts a series of incorrect cables about a plan by Islamist militants to carry out attacks in Jordan around the millennium (see December 15-31, 1999). One cable alleges that the group of terrorists, some of whom are al-Qaeda operatives, is backed by Iran. Ali Soufan, an FBI agent working against the plotters in Jordan, sends a series of parallel cables back to Washington, and his and Albert’s superiors notice the discrepancies. An investigation into who is correct ensues, and Soufan is proved right. In all, 12 cables drafted by Albert have to be withdrawn. Soufan will say that Albert’s problem was that he had a “tendency to jump to conclusions without facts.” The link to Iran was because some of the plotters had trained in the Bekaa Valley in Lebanon, an area controlled by Hezbollah, which is backed by Iran. [New Yorker, 7/10/2006 pdf file; Soufan, 2011, pp. 138-139] After 9/11, Albert will be involved in the rendition of Ibn al-Shaykh al-Libi to Egypt, where he falsely confesses to a link between al-Qaeda and Iraq (see January 2002 and After).

Entity Tags: Federal Bureau of Investigation, “Albert”, Ali Soufan, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Video footage of Said Bahaji’s wedding in October 1999. Clockwise from top left: Ramzi bin al-Shibh, Said Bahaji, Mamoun Darkazanli, Ziad Jarrah, and Marwan Alshehhi.Video footage of Said Bahaji’s wedding in October 1999. Clockwise from top left: Ramzi bin al-Shibh, Said Bahaji, Mamoun Darkazanli, Ziad Jarrah, and Marwan Alshehhi. [Source: Agence France-Presse]Mamoun Darkazanli, along with most of the Hamburg al-Qaeda cell, attends the wedding of Said Bahaji. Bahaji is one of future 9/11 hijacker Mohamed Atta’s roommates and is believed to be a core member of the cell. The wedding takes place at the Al-Quds mosque in Hamburg. A videotape of the wedding will be discovered by German investigators shortly after 9/11, and eventually more than 20 men will be identified from the video. Other attendees include: Ramzi bin al-Shibh, Marwan Alshehhi, Ziad Jarrah, Mounir El Motassadeq, Mohammed Haydar Zammar, and Abdelghani Mzoudi. [New York Times, 9/10/2002; CBS News, 5/7/2003; 9/11 Commission, 7/24/2004, pp. 345, 561; Vanity Fair, 11/2004] Zammar is Bahaji’s best man in the wedding. [New York Times, 6/20/2002]
Speeches and Songs Promise Martyrdom - The video first shows Bahaji’s nuptial ceremony, followed by a series of radical militant speeches. Bin al-Shibh gives a particularly fiery speech. He says: “It is now as if we were in school, in Arabic lessons. At the end, we have a test. Some will pass this test, [others] will not.” He quotes a poem, saying that when Israel flies its flag over Jerusalem, “how can you bear these humiliations?… When the tyrants attack you, you will then be a wave of fire and blood.” The group then sings songs in Arabic celebrating violent holy war and martyrdom. One song includes the lyrics: “Our squads have been revolutionized.… Against the heresy, like a volcano, like hurricane and fire, we follow the voice of your call.… We will be aglow with readiness for action. We will crush the throne of the oppressor.” Another song celebrates martyrdom and promises many virgins in paradise for martyrs. [Vanity Fair, 11/2004]
Video Shows the 9/11 Plot Is in Motion - The New York Times will later report, “The presence of all of these men at the wedding of Mr. Bahaji has led investigators to believe that the plan to attack the United States had essentially been formed by then.” [New York Times, 9/10/2002]

Entity Tags: Marwan Alshehhi, Mohammed Haydar Zammar, Abdelghani Mzoudi, Said Bahaji, Ziad Jarrah, Mounir El Motassadeq, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ahmed Ressam.Ahmed Ressam. [Source: Public domain]The CIA learns from the Jordanian government about an al-Qaeda millennium bombing plot in that country (see November 30, 1999). Further, the CIA concludes more attacks are likely soon, including some inside the US (see December 8, 1999). Counterterrorism “tsar” Richard Clarke is told of this, and he implements a plan to neutralize the threat. [Clarke, 2004, pp. 205, 211] The plan, approved by President Clinton, focuses on harassing and disrupting al-Qaeda members throughout the world. The FBI is put on heightened alert, counterterrorism teams are dispatched overseas, a formal ultimatum is given to the Taliban to keep al-Qaeda under control, and friendly intelligence agencies are asked to help. There are Cabinet-level meetings nearly every day dealing with terrorism [Washington Post, 4/2/2000; Associated Press, 6/28/2002] All US embassies, military bases, police departments, and other agencies are given a warning to be on the lookout for signs of an al-Qaeda millennium attack. One alert border agent responds by arresting terrorist Ahmed Ressam (see December 14, 1999), which leads to the unraveling of several bombing plots (see December 15-31, 1999). No terror attacks occur. However, Clarke claims the FBI generally remains unhelpful. For example, around this time the FBI says there are no websites in the US soliciting volunteers for training in Afghanistan or money for terrorist front groups. Clarke has a private citizen check to see if this is true, and within days, he is given a long list of such websites. The FBI and Justice Department apparently fail to do anything with the information. [Newsweek, 3/31/2004]

Entity Tags: William Jefferson (“Bill”) Clinton, Taliban, Richard A. Clarke, Al-Qaeda, Jordan, Central Intelligence Agency, Ahmed Ressam, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Khalil Deek.Khalil Deek. [Source: Tawfiq Deek]Khalil Deek is arrested by police in Peshawar, Pakistan, and immediately extradited to Jordan. The Jordanian government requested the arrest after tying Deek to a millennium plot to blow up hotels in Jordan that had been broken up a few days ago (see November 30, 1999). [Orange County Weekly, 6/15/2006] Deek is a naturalized US citizen who has been part of a California al-Qaeda sleeper cell for most of the 1990s. He had been investigated by US authorities since the late 1980s (see Late 1980s, March 1993-1996, and December 14-25, 1999) but was never arrested. Deek’s computer is confiscated when he is arrested, and computer files reveal the targets of the Jordanian plot. [Cooley, 2002, pp. 33] According to contemporary press accounts, Deek, who was running a computer repair shop in Peshawar, Pakistan, had helped encrypt al-Qaeda’s Internet communications and smuggled recruits to al-Qaeda training camps in Afghanistan. Some reports identify him as a former mujaheddin fighter, a US Army veteran, and a close associate of Osama bin Laden. Articles also claim he worked closely with al-Qaeda leader Abu Zubaida on the Jordanian plot and other things (see May 2000, Late 1980s, and 1998-December 11, 1999). [Orange County Weekly, 6/15/2006] CNN says Deek “is believed to be the mastermind” of the Jordanian plot. [CNN, 12/17/1999] But, unlike the rest of the defendants in the Jordanian case, Deek is transferred from a maximum-security prison to a minimum-security one. He alone is not charged. He will be released in May 2001 (see May 2001). [Orange County Weekly, 6/15/2006] It will later be alleged that Deek was a Jordanian intelligence mole (see Shortly After December 11, 1999).

Entity Tags: Jordan, Al-Qaeda, Abu Zubaida, Khalil Deek, Osama bin Laden

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Diana Dean, Ahmed Ressam, Los Angeles International Airport, Al-Qaeda

Timeline Tags: Complete 911 Timeline

From left to right: Mokhtar Haouari, Abdelmajid Dahoumane, Abdel Ghani Meskini. The picture of Meskini is from an ATM camera.From left to right: Mokhtar Haouari, Abdelmajid Dahoumane, Abdel Ghani Meskini. The picture of Meskini is from an ATM camera. [Source: Public domain, public domain, and Seattle Times]In the wake of the arrest of Ahmed Ressam (see December 14, 1999), FBI investigators work frantically to uncover more millennium plots before the end of the year. US authorities also make a number of arrests.
bullet A telephone number found in Ressam’s pocket leads to Abdel Ghani Meskini, an Algerian living in New York City who had gone to Seattle to meet Ressam. Meskini is monitored and arrested in New York on December 30.
bullet One of Ressam’s credit cards leads to the arrest of Mokhtar Haouari, an Algerian living in Montreal, Canada. Meskini later cooperates with US investigators and is never charged, while Haouari will be sentenced to 24 years in prison. [Time, 2/7/2000; CNN, 1/16/2002; Wright, 2006, pp. 298]
bullet Another Algerian associate of Ressam’s, Abdelmajid Dahoumane, escapes to Afghanistan, but will eventually be caught by the Algerian government and convicted in Algeria. [PBS Frontline, 10/25/2001]
bullet Investigators believe that Mohamedou Ould Slahi, an al-Qaeda operative whose cousin is a top al-Qaeda leader, went to Canada to give the go-ahead for Ressam’s attack. Slahi is arrested several times overseas, but never charged (see January-April 2000). [CNN, 3/6/2002]
bullet Khalid Deek, a US citizen, is arrested around this time for masterminding another al-Qaeda millennnium plot (see December 11, 1999). But counterterrorism expert Rita Katz will later say Deek was a suspected mastermind of Ressam’s Los Angeles airport plot, too. [Orange County Register, 9/12/2005] Deek’s name and phone number is found in Ressam’s telephone book. Ressam knew Deek from bin Laden training camps in Afghanistan. Both of them, like most of Ressam’s group, have links to the GIA, an Algerian militant group associated with al-Qaeda. [Newsweek (International), 3/13/2000]
Others escape the US after hearing media reports of Ressam’s arrest. However, enough people are caught to stop additional millennium attacks. Counterterrorism “tsar” Richard Clarke later says, “I think a lot of the FBI leadership for the first time realized that… there probably were al-Qaeda people in the United States. They realized that only after they looked at the results of the investigation of the millennium bombing plot.” [PBS Frontline, 10/3/2002] Yet Clinton’s National Security Adviser Sandy Berger later claims that the FBI will still repeatedly assure the Clinton White House until Clinton leaves office that al-Qaeda lacks the ability to launch a domestic strike (see 2000).

Entity Tags: Mohamedou Ould Slahi, Sandy Berger, Khalil Deek, Mokhtar Haouari, Groupe Islamique Armé, Abdel Ghani Meskini, Al-Qaeda, Federal Bureau of Investigation, Richard A. Clarke, Ahmed Ressam

Timeline Tags: Complete 911 Timeline

The FBI misses a chance to learn about Zacarias Moussaoui after a raid in Dublin, Ireland. On December 14, 1999, Ahmed Ressam was arrested trying to smuggle explosives into the US (see December 14, 1999). On December 21, Irish police arrest Hamid Aich and several other North African immigrants living in Dublin. [New York Times, 1/22/2000] During the arrests, police seize a large amount of documents relating to citizenship applications, identities, credit cards, and airplane tickets. A diagram of an electrical switch that could be used for a bomb is found that is identical to a diagram found in Ressam’s apartment in Vancouver, Canada. [Irish Times, 7/31/2002] The suspects are released about a day later, but, “Within days, authorities in Ireland and the United States began to realize that they might have missed a chance to learn more about a terrorist network.” [New York Times, 1/22/2000] It is discovered that Aich lived with Ressam in Montreal, and then later lived with him in Vancouver. Investigators conclude there has been an al-Qaeda cell in Dublin since the early 1990s, when the charity Mercy International opened an office there (this charity has several known al-Qaeda connections by this time (see 1988-Spring 1995 and Late 1996-August 20, 1998) and also an alleged CIA connection (see 1989 and After)). The cell is mainly involved in providing travel and identity documents for other cells committing violent acts. Investigators also connect Aich to the Islamic Jihad. But the US and Canada do not seek Aich’s extradition, and instead have the Irish police keep him under surveillance. He will escape from Ireland shortly before 9/11 (see June 3, 2001-July 24, 2001). [New York Times, 1/22/2000; Irish Times, 7/31/2002] Apparently, many of the documents seized in the raid will only be closely examined after 9/11. Documents will show that in 1999 and 2000, Mustafa Ahmed al-Hawsawi, a top al-Qaeda financier, worked with the Dublin cell to finance Moussaoui’s international travel. Aich made travel arrangements and possibly provided fake identification for Moussaoui. [Fox News, 7/30/2002; Irish Times, 7/31/2002] Presumably, had these links been discovered after the 1999 raid instead of after 9/11, events could have gone very differently when Moussaoui was arrested in the US in August 2001 (see August 16, 2001).

Entity Tags: Zacarias Moussaoui, Al-Qaeda, Mercy International, Islamic Jihad, Hamid Aich, Ahmed Ressam, Federal Bureau of Investigation, Mustafa Ahmed al-Hawsawi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The NSA, monitoring a telephone in an al-Qaeda communications hub in Yemen (see Late August 1998 and Late 1998-Early 2002), has listened in on phone calls revealing that hijackers Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi are to attend an important al-Qaeda summit in Malaysia in January 2000 (see Shortly Before December 29, 1999). Almihdhar’s full name was mentioned, as well as the first names of hijackers Nawaf Alhazmi and Salem Alhazmi. On this day, the NSA shares this information with the CIA’s Alec Station bin Laden unit. Other US intelligence agencies, including FBI headquarters and the FBI’s New York field office, are told as well. Although Khalid Almihdhar’s full name was mentioned in one call, the NSA only passes on his first name. Also, the NSA has already learned from monitoring the Yemen hub that Nawaf’s last name is Alhazmi and that he is long-time friends with Almihdhar (see Early 1999). However, they either don’t look this up in their records or don’t pass it on to any other agency. [9/11 Commission, 1/26/2004, pp. 6 pdf file; US Department of Justice, 11/2004, pp. 239 pdf file; Wright, 2006, pp. 310] An NSA analyst makes a comment that is shared between US intelligence agencies, “Salem may be Nawaf’s younger brother.” This turns out to be correct. [US Congress, 7/24/2003, pp. 135 pdf file; 9/11 Commission, 1/26/2004, pp. 6 pdf file] A CIA officer will later tell the 9/11 Congressional Inquiry that information from the Africa embassy bombings (see 10:35-10:39 a.m., August 7, 1998) was reviewed in late 1999 during a worldwide effort to disrupt millennium attack plots (see December 15-31, 1999) and “a kind of tuning fork… buzzed when two [of the hijackers] reportedly planning a trip to [Malaysia] were linked indirectly to what appeared to be a support element… involved with the Africa bombers.” [US Congress, 7/24/2003, pp. 135 pdf file] The fact that they are connected to the Yemen communication hub already indicates some importance within al-Qaeda. It is learned they are connected to the embassy bombings in some way (see October 4, 2001 and Late 1999). [US Congress, 7/24/2003, pp. 135 pdf file; 9/11 Commission, 1/26/2004, pp. 6 pdf file] The NSA report about them on this day is entitled, “Activities of Bin Laden Associates,” showing the clear knowledge of their ties to bin Laden. [9/11 Commission, 7/24/2004, pp. 502; Vanity Fair, 11/2004] The CIA will track Almihdhar and Nawaf Alhazmi to the Malaysia summit (see January 2-5, 2000 and January 5-8, 2000).

Entity Tags: Salem Alhazmi, Federal Bureau of Investigation, FBI New York Field Office, Khalid Almihdhar, FBI Headquarters, Al-Qaeda, Alec Station, Central Intelligence Agency, Ahmed al-Hada, National Security Agency, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Earlier in December, the CIA estimated that al-Qaeda would launch between five and 15 attacks against American targets around the world over the New Year’s weekend, and that several targets would likely be inside the US (see December 8, 1999). Since late 1999, there has been intelligence that targets in Washington and New York would be attacked at this time. [US Congress, 9/18/2002] There in fact are a number of planned attacks, including bomb attacks on the Boston and Los Angeles airports (see December 14, 1999 and December 15-31, 1999), a hotel in Jordan (see November 30, 1999), and a naval ship in Yemen (see January 3, 2000). However, all of the attacks are foiled, thanks to alerts and luck. [Washington Post, 1/20/2002]

Entity Tags: Central Intelligence Agency, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline

The US and Germany miss an opportunity to uncover the 9/11 plot through the arrest of Mohamedou Ould Slahi, an al-Qaeda operative tied to millennium attacks and the Hamburg al-Qaeda cell. Slahi lived in Duisburg, Germany for most of the 1990s and apparently US and German intelligence began monitoring him there around the start of 1999 due to his communications with his cousin, al-Qaeda leader Mahfouz Walad Al-Walid. In 1999 he had repeated contact with members of the Hamburg al-Qaeda cell and helped some of the 9/11 hijackers travel to Afghanistan. US investigators will later allege he also advised one militant to “travel to the United States to take part in the planned [9/11] attacks” (see 1999). In November 1999, Slahi moves to Canada and is seen with associates of Ahmed Ressam, who is planning to bomb the Los Angeles airport. US officials will later believe that Slahi went to Canada to activate Ressam’s cell. [Los Angeles Times, 4/24/2006] After Ressam is arrested in mid-December 1999 (see December 14, 1999), Slahi is monitored closely. He is arrested in Senegal after flying there in mid-January 2000. Transfered to his home country of Mauritania, he is interrogated by FBI officials. [New York Times, 1/29/2000; Agence France-Presse, 2/20/2000; Los Angeles Times, 4/24/2006] In early February 2000, Newsweek will report, “The key link in the chain connecting bin Laden to Ahmed Ressam—and an alleged New Year’s bomb plot in the United States—may be Mohamedou Ould Slahi.” [Newsweek, 2/7/2000] However, despite these suspicions, he is released later in February. He moves back to Germany, and is arrested and held there in April 2000 for three weeks, and then released again. He quickly returns to Mauritania. He will be arrested again shortly after 9/11. [Agence France-Presse, 2/20/2000; US Department of Defense, 4/20/2006, pp. 184-216] Despite all this interest in Slahi, his connections to the 9/11 plot and some of the 9/11 hijackers in Hamburg are apparently not made until after 9/11. He will later be sent to Guantanamo where he is reportedly subjected to harsh interrogation (see September 27, 2001).

Entity Tags: Mahfouz Walad Al-Walid, Ahmed Ressam, Mohamedou Ould Slahi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Counterterrorism “tsar” Richard Clarke leads a meeting of the interagency Counterterrorism Security Group (CSG) devoted largely to the possibility of an airline hijacking by al-Qaeda. The meeting is said to come during a period of low threat, after the millennium alerts had ended (see December 15-31, 1999). Clarke later will recall that the possibility of a suicide hijacking would have been only one of many speculative possibilities considered. The apparent suicide hijacking of EgyptAir Flight 990 off the coast of Massachusetts in late 1999 appears to have been a concern of the CSG around this time (see October 31, 1999). Also, one month earlier, a militant group connected to al-Qaeda successfully hijacked an airplane in India, won their demands, and escaped (see December 24-31, 1999). [9/11 Commission, 7/24/2004, pp. 345, 561]

Entity Tags: Richard A. Clarke, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Entity Tags: Wilson Brown, Jeff Almeida, Judy Palya Loether

Timeline Tags: Civil Liberties

Mike Frost.Mike Frost. [Source: NineMSN]One of the few commercial media reports about Echelon, the NSA’s global surveillance network (see April 4, 2001), appears on CBS’s 60 Minutes. The report is disturbing in its portrayal of Echelon as a surveillance system capable of, in host Steve Kroft’s words, capturing “virtually every electronic conversation around the world.” Kroft continues, “[V]irtually every signal radiated across the electromagnetic spectrum is being collected and analyzed,” including land line and cell phone signals, ATM transactions, fax machines,public and private radio broadcasts, even baby monitors. Mike Frost, a former intelligence officer for the CSE, the Canadian equivalent of the National Security Agency which often works closely with the NSA, says, “The entire world, the whole planet” is being surveilled. “Echelon covers everything that’s radiated worldwide at any given instant.… Every square inch is covered.” Listening stations around the world transmit their data to the NSA’s headquarters at Fort Meade, Maryland, where, as Kroft says, “acres of supercomputers scan millions of transmissions word by word, looking for key phrases and, some say, specific voices that may be of major significance.” Frost adds, “Everything is looked at. The entire take is looked at. And the computer sorts out what it is told to sort out, be it, say, by key words such as ‘bomb’ or ‘terrorist’ or ‘blow up,’ to telephone numbers or—or a person’s name. And people are getting caught, and—and that’s great.” Echelon is so secret that even its successes are not publicly documented, though it is believed that, among other successes, it helped capture international terrorist “Carlos the Jackal,” and helped identify two Libyans accused of planting a bomb on PanAm Flight 103 [CBS News, 2/27/2000] which exploded over Lockerbie, Scotland in 1988, killing 270 people. [Washington Post, 12/22/1988] “I say, never over-exaggerate the capacity of a system such as Echelon,” Frost noted in a 1999 interview with the Australian press. “Never ever over-exaggerate the power that these organizations have to abuse a system such as Echelon. Don’t think it can’t happen in Australia. Don’t think it can’t happen in Canada, because it does.” [NineMSN, 5/23/1999]
Monitoring Legal Conversations - As successful as Echelon has been in capturing terrorists, international drug dealers, and various criminals, it has raised serious concerns for its capability of monitoring ordinary, innocent civilians. Frost says that such monitoring happens every day: “Not only possible, not only probable, but factual. While I was at CSE, a classic example: A lady had been to a school play the night before, and her son was in the school play and she thought he did a—a lousy job. Next morning, she was talking on the telephone to her friend, and she said to her friend something like this, ‘Oh, Danny really bombed last night,’ just like that. The computer spit that conversation out. The analyst that was looking at it was not too sure about what the conversation w—was referring to, so erring on the side of caution, he listed that lady and her phone number in the database as a possible terrorist.” Though the NSA has a long and checkered history of spying on American citizens, including extensive monitoring of antiwar and civil rights protesters during the 1970s, the agency refuses to provide any information about its activities—not to the public and not even to Congress. Congressman Bob Barr (R-GA) has for years pressed for more information about the program, which he recently said “engages in the interception of literally millions of communications involving United States citizens.” Even the chairman of the House Intelligence Committee, Porter Goss (R-FL) had trouble getting information when he requested it last year. At the time, Goss said, “[T]here was some information about procedures in how the NSA people would employ some safeguards, and I wanted to see all the correspondence on that to make sure that those safeguards were being completely honored. At that point, one of the counsels of the NSA said, ‘Well, we don’t think we need to share this information with the Oversight Committee.’ And we said, ‘Well, we’re sorry about that. We do have the oversight, and you will share the information with us,’ and they did.” Goss had to threaten to cut the NSA’s budget before the agency would share even limited information with him. When asked how he can be sure the NSA isn’t listening in on ordinary citizens’ communications, Goss merely says, “We do have methods for that, and I am relatively sure that those procedures are working very well.”
Princess Diana, Human Rights Organizations Monitored - Evidence presented in the broadcast also suggests the NSA was monitoring Princess Diana (see November 30, 1998), as well as Amnesty International, Greenpeace, and other groups (see February 27, 2000). [CBS News, 2/27/2000]
British Ministers Monitored - Frost cites an instance where then-Prime Minister Margaret Thatcher monitored two of her own ministers (see 1983).
Americans Monitored - Former NSA contractor Margaret Newsham recalls hearing a monitored conversation featuring then-Senator Strom Thurmond (see April, 1988). Frost is not surprised. “Oh, of course it goes on,” he says. “Been going on for years. Of course it goes on.” Kroft asks, “You mean the National Security Agency spying on politicians in… in the United States?” Frost replies, “Sounds ludicrous, doesn’t it? Sounds like the world of fiction. It’s not; not the world of fiction. That’s the way it works. I’ve been there. I was trained by you guys” (see 1980s). Goss seems less concerned. He says that it is “[c]ertainly possible that something like that could happen. The question is: What happened next?… It is certainly possible that somebody overheard me in a conversation. I have just been in Europe. I have been talking to people on a telephone and elsewhere. So it’s very possible somebody could have heard me. But the question is: What do they do about it? I mean, I cannot stop the dust in the ether; it’s there. But what I can make sure is that it’s not abused—the capability’s not abused, and that’s what we do.”
Used for Corporate Advantage - In 2001, the European Parliament released a report listing many of Echelon’s surveillance stations around the world and detailing their capabilities (see July 11, 2001). Kroft notes, “The report says Echelon is not just being used to track spies and terrorists. It claims the United States is using it for corporate and industrial espionage as well, gathering sensitive information on European corporations, then turning it over to American competitors so they can gain an economic advantage.”
Encryption Effective? - European governments and corporations are encrypting more and more of their phone, fax, and e-mail transmissions to keep Echelon from listening in. In response, the US government is pressuring the Europeans to give US law enforcement and intelligence agencies software keys so that they can unlock the code in matters of national security. Parliament member Glyn Ford is not opposed to the idea in principle: “[I]f we are not assured that that is n—not going to be abused, then I’m afraid we may well take the view, ‘Sorry, no.’ In [Britain], it’s traditional for people to leave a key under the doormat if they want the neighbors to come in and—and do something in their house. Well, we’re neighbors, and we’re not going to leave the electronic key under the doormat if you’re going to come in and steal the family silver.” The NSA, CSE, and even Echelon are necessary evils, Ford acknowledges, but, “My concern is no accountability and nothing—no safety net in place for the innocent people that fall through the cracks. That’s my concern.” [CBS News, 2/27/2000]

Entity Tags: Greenpeace, Wayne Madsen, Glyn Ford, Echelon, Communications Security Establishment, Central Intelligence Agency, Amnesty International, Strom Thurmond, Electronic Privacy Information Center, Steve Kroft, Princess Diana, Mike Frost, Margaret Thatcher, Margaret Newsham, National Security Agency, Robert “Bob” Barr, House Intelligence Committee, Porter J. Goss, Ilich Ramírez Sanchez

Timeline Tags: Civil Liberties

A portion of Mohamed Atta’s US visa obtained in May 2000.
A portion of Mohamed Atta’s US visa obtained in May 2000. [Source: 9/11 Commission]9/11 hijacker Mohamed Atta supposedly arrives in the US for the first time, flying from Prague to Newark on a tourist visa issued May 18 in Berlin. [Miami Herald, 9/22/2001; Australian Broadcasting Corporation, 11/12/2001] Official investigations will late assume that this is the first time Atta was in the US. However, there are reports that he was in the US before this (see September 1999, April 2000, and Late April-Mid-May 2000).

Entity Tags: Mohamed Atta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hijacker Nawaf Alhazmi and one of his associates, Mohdar Abdullah, go to Los Angeles airport with hijacker Khalid Almihdhar, who is returning to the Middle East via Germany (see June 10, 2000). [9/11 Commission, 7/24/2004, pp. 222] Together with a third man, Alhazmi and Abdullah shoot videocamera footage there. They appear to be scouting out the airport and record secretly near the security area. The identity of the third man is not known, but he may be Khallam, an associate of Alhazmi and Almihdhar’s who they met the day before (see June 9, 2000). Al-Qaeda had plotted to bomb Los Angeles Airport not long before (see December 14, 1999). The tapes, which are not found until Abdullah is deported, will cause the FBI to re-start their investigation of him in 2006. [US District Court, Southern District of California, 10/29/2004 pdf file; MSNBC, 9/8/2006]

Entity Tags: Mohdar Abdullah, Federal Bureau of Investigation, Nawaf Alhazmi, Khallam

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ziad Jarrah, with dark blue shirt and sunglasses, leaning against an airplane. He is surrounded by his fellow flight school students.Ziad Jarrah, with dark blue shirt and sunglasses, leaning against an airplane. He is surrounded by his fellow flight school students. [Source: History Channel]9/11 hijacker Ziad Jarrah attends the Florida Flight Training Center (FFTC) in Venice, Florida, where he takes lessons in a Cessna 152. According to the FBI, he finishes his training there in December 2000. [Der Spiegel, 2002, pp. 12; US Congress, 9/26/2002] The school’s owner, Arne Kruithof, later says Jarrah is enrolled there until January 15, 2001. [Longman, 2002, pp. 91] The 9/11 Commission says he studies there until January 31, 2001. [9/11 Commission, 8/21/2004, pp. 12 pdf file] However, these latter two accounts conflict with other reports, according to which Jarrah is elsewhere at the same time (see Late November 2000-January 30, 2001). According to the 9/11 Commission, in early August, just weeks after commencing training, Jarrah gains a single-engine private pilot certificate. [9/11 Commission, 7/24/2004, pp. 224] However, Arne Kruithof says that although Jarrah eventually receives his private pilot license and instrument rating, he does not do so while at FFTC. Kruithof later claims that Jarrah becomes an “average” pilot, saying, “We had to do more to get him ready than others. His flight skills seemed to be a little bit out there.” [Longman, 2002, pp. 91] At the same time as Jarrah is in Venice, Mohamed Atta and Marwan Alshehhi attend Huffman Aviation, which is just up the road from FFTC. [Associated Press, 9/9/2002; 9/11 Commission, 7/24/2004, pp. 224] Yet no reports describe him ever meeting them while they are so near to each other. Ramzi bin al-Shibh, who shared an apartment in Hamburg with Mohamed Atta (see November 1, 1998-February 2001), is supposed to join Jarrah at FFTC, wiring the school a $2,200 deposit in August 2000, but is repeatedly unable to obtain the necessary US visa (see May 17, 2000-May 2001). [US Congress, 9/26/2002; 9/11 Commission, 7/24/2004, pp. 225]

Entity Tags: Florida Flight Training Center, Ziad Jarrah

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US intelligence community has been monitoring al-Qaeda telephone communications to and from a communications hub in Yemen since the late 1990s (see Late August 1998). The CIA intercepts an al-Qaeda operative say in a monitored phone call that bin Laden is planning a “Hiroshima-type event” against the US. Failed millennium bomber Ahmed Ressam, who is arrested in late 1999 (see December 14, 1999), confirms at the time that al-Qaeda is preparing such an attack. [New York Times, 10/14/2001; PBS, 10/3/2002] This sets off an immediate but unsuccessful search for further evidence. Shortly after 9/11, the New York Times will report that “intelligence officials now acknowledge that they never imagined that Mr. bin Laden’s organization had the ability to kill thousands of people in coordinated attacks on the American homeland. Looking back through the prism of Sept. 11, officials now say that the intercepted message was a telling sign of a drastic shift in the ambitions and global reach of al-Qaeda during the last three years.” [New York Times, 10/14/2001] There apparently is another intercepted message talking about a “Hiroshima” event in the summer of 2001 (see Summer 2001).

Entity Tags: Al-Qaeda, Ahmed Ressam, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The NSA completes a report for the incoming Bush administration entitled “Transition 2000” that tells how the NSA is planning to improve its intelligence gathering. More importantly, it tells incoming White House officials that in the process of improving its intelligence gathering, some US citizens will inevitably be targeted for surveillance, though, according to a former NSA official, analysts were supposed to “delete the name of the” citizen being surveilled. Such inadvertent surveillance of US citizens took place even during the Clinton administration, says that former official, but the citizens’ names were always deleted from the transcripts of the communications intercepts. The law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents. (With the permission of the Foreign Intelligence Surveillance Court (FISC), the NSA can spy on diplomats and foreigners inside US borders.) An NSA official will tell the Boston Globe in October 2001, “If, in the course of surveillance, NSA analysts learn that it involves a US citizen or company, they are dumping that information right then and there.” However, once President Bush takes office in January 2001, that practice will undergo a radical change (see Spring 2001). [Truthout (.org), 1/17/2006] In the same transition report, agency officials say that the NSA must become a “powerful, permanent presence” on the commercial communications networks, a goal they admit will raise legal and privacy issues. [New York Times, 12/16/2007]

Entity Tags: Bush administration (43), National Security Agency

Timeline Tags: Civil Liberties

Counterterrorism “tsar” Richard Clarke’s plan to deal with al-Qaeda is given to National Security Adviser Rice on this day. It includes a warning that al-Qaeda cells already exist in the US. The plan was outlined in a document he prepared in December 2000 (see January 25, 2001), which stated that US intelligence believes there are al-Qaeda “sleeper cells” in the US and that they’re not just a potential problem but “a major threat in being.” Clarke noted in the document that two key al-Qaeda members involved in the Millennium plot were naturalized US citizens (presumably a reference to Raed Hijazi and Khalil Deek) and that one suspect in the 1998 embassy bombings had “informed the FBI that an extensive network of al-Qaeda ‘sleeper agents’ currently exists in the US” (see August 12-25, 1998). It also said that Ahmed Ressam’s attempted December 1999 attack revealed al-Qaeda supporters in the US (see December 15-31, 1999). Finally, the Clarke warned that more attacks have almost certainly been set in motion. [Washington Post, 1/20/2002; 9/11 Commission, 7/24/2004, pp. 260, 535]

Entity Tags: Richard A. Clarke, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Abu Doha, a key figure in al-Qaeda’s European network, is arrested at Heathrow airport in London. He is attempting to board a plane for Saudi Arabia, but several false passports are found in his hand luggage. A search of his London flat reveals passport photographs depicting him in various disguises, 20 credit cards, a telescopic rifle sight, and what police describe as terrorism paraphernalia. He is found to be involved in various plots around the world, including a section of the Millennium Plot that comprised a bombing of Los Angeles airport (see December 14, 1999), so the US soon asks for his extradition. He is also later said to have worked on plots to bomb the US, British, and Australian embassies in Singapore in December 2001, a planned attack on the Paris-Dakar rally in January 2000, a plot to attack the 1998 World Cup in France (see Late 1997-Early 1998), and other attacks. Abu Doha was close to Abu Hamza al-Masri, an informer for British intelligence (see Early 1997 and May 1999). Abu Doha’s deputy, Rabah Kadre, is also arrested. Although he has been under surveillance by British authorities since 1998 (see 1998), he is released, apparently because British authorities think they have insufficient evidence against him. He will later leave Britain, but be arrested following his re-entry (see November 2002). The British intelligence service MI5 will later say that Kadre is “Abu Doha’s successor” as a leader of the Europe-wide network. [O'Neill and McGrory, 2006, pp. 117-118, 240]

Entity Tags: UK Security Service (MI5), Abu Doha, Rabah Kadre

Timeline Tags: Complete 911 Timeline

After being convicted for his part in al-Qaeda’s failed millennium attacks (see December 14, 1999), Ahmed Ressam tells US authorities that London-based radical cleric Abu Hamza al-Masri is an important figure in al-Qaeda. Ressam says that he heard many stories about Abu Hamza when he was in Afghanistan and that Abu Hamza has the power to refer recruits to other senior al-Qaeda figures. [O'Neill and McGrory, 2006, pp. 28] Abu Hamza already has a relationship with British security services (see Early 1997).

Entity Tags: Al-Qaeda, Ahmed Ressam, Abu Hamza al-Masri

Timeline Tags: Complete 911 Timeline

Khalil Deek, member of an al-Qaeda cell in Anaheim, California, is mysteriously released in Jordan and allowed to go free. Deek had been arrested on suspicions that he masterminded a series of planned millennium attacks in Jordan (see December 11, 1999). Investigators believe he may have masterminded an attempted bombing of the Los Angeles airport as well (see December 15-31, 1999), and in fact US intelligence had been interested in him since the late 1980s (see Late 1980s, December 14-25, 1999, and May 2000). But despite is the seemingly strong evidence against him, he is released this month after mounting a hunger strike. Relatives tell a US newspaper that US government officials pressured Jordan to let him go. [Orange County Register, 9/12/2005] Despite the fact that US officials had previously labeled him a terrorist mastermind, they do not protest his release. [Orange County Weekly, 6/15/2006] The Jordanian government claims they lacked evidence Deek was aware of terrorist activities. [Orange County Weekly, 6/17/2004] The Los Angeles Times reports that he had cooperated with US investigators in deciphering al-Qaeda computer documents. [Los Angeles Times, 3/29/2000] He is deported to the United Arab Emirates. He is rearrested there and held for several days, and then let go again. [Orange County Weekly, 5/31/2001] A few days later, Deek emerges at the US embassy in Pakistan with his wife and family. He approaches the embassy gates, asking staffers there help to bring his family back to the US. However, he is only able to speak to someone through an intercom and is not allowed in the building. He is told to come back in two weeks. A newspaper will later comment, “Given that the US government already considered him a dangerous man, it’s not surprising that embassy officials weren’t eager to provide him with travel visas. But it is weird that they didn’t let him inside the building and simply arrest him.” [Orange County Weekly, 6/15/2006] It will later be alleged that Deek was actually a mole for the Jordanian government (see Shortly After December 11, 1999).

Entity Tags: US intelligence, Jordan, Khalil Deek

Timeline Tags: Complete 911 Timeline

Ahmed Ressam as pictured in his Canadian passport.Ahmed Ressam as pictured in his Canadian passport. [Source: FBI]Ahmed Ressam is convicted in the spring of 2001 for attempting to bomb the Los Angeles International Airport (see December 14, 1999). Facing the likelihood of life in prison, he starts cooperating with authorities in an attempt to reduce his sentence. On this day, he details his experiences in al-Qaeda training camps and his many dealings with top al-Qaeda deputy Abu Zubaida. According to FBI notes from Ressam’s interrogation, Zubaida asked Ressam to send him six original Canadian passports to help Zubaida “get people to America” (see May 2001 and May 2001). Zubaida “wanted an operation in the US” and talked about the need to get explosives into the US for this operation, but Ressam makes it clear this was a separate plot from the one he was involved with. Notes from this day further explain that Ressam doesn’t know if any explosives made it into the US because once an operation is initiated, operators are not supposed to talk about it to anyone. [Calgary Herald, 4/3/2002; Newsweek, 4/28/2005] Zubaida told this to Ressam in 1999, but also indicated that he is willing to wait a year or more to make sure the plot comes to fruition successfully. [Tenet, 2007, pp. 146]
Similarity to 9/11 Attacks - There’s no concrete evidence that Ressam knows any detail of the 9/11 attacks. [Newsweek, 4/28/2005] However, Fox News will later report that roughly around this time Ressam testifies “that attack plans, including hijackings and attacks on New York City targets, [are] ongoing.” [Fox News, 5/17/2002] Questioned shortly after 9/11, Ressam will point out that given what he’s already told his US interrogators, the 9/11 attacks should not be surprising. He notes that he’d described how Zubaida talked “generally of big operations in [the] US with big impact, needing great preparation, great perseverance, and willingness to die.” Ressam had told of “plans to get people hired at airports, of blowing up airports, and airplanes.” [Newsweek, 4/28/2005]
Sharing the Warning - The CIA learns of this warning in June. [Tenet, 2007, pp. 146] Ressam will repeat some of this in a public trial in July (see July 8, 2001). Apparently, the FBI also waits until July to share the information from this debriefing with most other intelligence agencies, the INS, Customs Service, and the State Department. Ressam’s warnings will first be mentioned to Bush in his now famous August 6, 2001 briefing (see August 6, 2001), but as Newsweek will note, “The information from Ressam that was contained in [Bush’s] PDB [is] watered down and seem[s] far more bland than what the Algerian terrorist was actually telling the FBI.” Zubaida’s second plot will be boiled down to one sentence in the PDB: “Ressam also said that in 1998 Abu Zubaida was planning his own US attack.” [Newsweek, 4/28/2005]

Entity Tags: George W. Bush, Ahmed Ressam, Los Angeles International Airport, Federal Bureau of Investigation, Abu Zubaida

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On June 3, 2001, a British newspaper reveals that Hamid Aich, who is on the FBI’s international wanted list, is living in Dublin where he is applying for asylum. [Mirror, 2/18/2001; News of the World, 6/3/2001] Irish intelligence has been monitoring Aich’s movements since 1997, when authorities tied him to the mass murder of 77 tourists in Luxor, Egypt (see November 18, 1997). [Mirror, 10/17/2001; Daily Telegraph, 11/8/2001] He has since been linked to a number of militant groups (see, e.g., December 14, 1999). It is believed that between 1999 and 2001, Aich assisted 22 Islamic terrorist organizations, and even funded non-Islamic groups, for instance giving $200,000 to the ETA, a separatist group in the Basque region of Spain. Aich was also the director of Mercy International’s Ireland branch. (This charity has several known al-Qaeda connections by this time (see 1988-Spring 1995 and Late 1996-August 20, 1998).) Despite these connections, he will continue to live openly in Dublin after the newspaper discloses his location. [Mirror, 9/17/2001] Irish authorities only publicly say, “Aich’s case is at a very delicate stage.” [News of the World, 6/3/2001] Then, on July 24, he leaves Ireland using a false passport. The FBI, which took no action against him while he was living in Dublin, is reportedly “furious” with Irish police for allowing him to escape. He has not been heard of since, and he has not been included in any known lists of wanted al-Qaeda leaders. It is believed that Aich eventually ends up in Afghanistan. After 9/11, Aich will be described as “one of the FBI’s chief targets” and “one of bin Laden’s most trusted men” who ranks seventh in al-Qaeda’s hierarchy. [Mirror, 9/17/2001]

Entity Tags: Hamid Aich, Zacarias Moussaoui, Federal Bureau of Investigation, Mercy International, Al-Qaeda, Ahmed Ressam

Timeline Tags: Complete 911 Timeline

John Miller.John Miller. [Source: FBI]ABC News reporter John Miller gives a speech in which he discusses the growing indications that al-Qaeda leader Osama bin Laden has plans to carry out an attack in the United States. Miller gives his speech at the annual conference of the International Association of Bomb Technicians and Investigators. [Miller, Stone, and Mitchell, 2002, pp. 286-287] The conference, held in Albuquerque, New Mexico, from June 24 to June 30, is attended by around 700 law enforcement officers from around the world. [Sandia LabNews, 6/15/2001] Miller will later explain some of the thinking behind his claim that bin Laden could be planning an attack in the US. “At that time,” he will write, “US authorities were divided over where bin Laden would strike next. Most officials believed that he was aiming at ‘soft’ US targets overseas, based on his past actions and electronic phone intercepts of al-Qaeda members around the world.” Other officials, though, taking into account al-Qaeda operative Ahmed Ressam’s failed plot to blow up Los Angeles International Airport on December 31, 1999 (see December 14, 1999), believe his next attack will take place on US soil. Miller will write that a “spike in phone traffic among suspected al-Qaeda members in the early part of the summer, as well as debriefings of Ressam,” have convinced investigators that bin Laden is planning “a significant operation” and he is “planning it soon.” Furthermore, he will comment, “[N]o one working on the problem seemed to doubt bin Laden’s intentions to target Americans.” [Miller, Stone, and Mitchell, 2002, pp. 287] Miller has been a correspondent for ABC News, with a primary focus on terrorism, since 1995. Notably, he interviewed bin Laden in Afghanistan in May 1998 (see May 28, 1998). Before joining ABC News, he spent many years as a television crime reporter in New York, and between 1994 and 1995 served as deputy police commissioner of New York City. [ABC News, 5/28/1998; Cincinnati Enquirer, 1/16/2002; Federal Bureau of Investigation, 8/23/2005; Hollywood Reporter, 10/17/2011]

Entity Tags: John Miller, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In July 2001, NSA director Michael Hayden tells a reporter that the NSA does not monitor any US citizens without court warrants from the Foreign Intelligence Surveillance Court (FISC). “We don’t do anything willy-nilly,” Hayden says. “We’re a foreign intelligence agency. We try to collect information that is of value to American decision-makers, to protect American values, America—and American lives. To suggest that we’re out there, on our own, renegade, pulling in random communications, is—is simply wrong. So everything we do is for a targeted foreign intelligence purpose. With regard to the—the question of industrial espionage, no. Period. Dot. We don’t do that.” When asked how Americans could verify that, Hayden says that they should simply trust the NSA to police and monitor itself, along with oversight from the White House and from Congress. However, it will later come to light that the NSA began illegally monitoring US citizens from the start of the Bush administration (see Spring 2001). A former NSA official will later dispute Hayden’s account. “What do you expect him to say?” the official says. “He’s got to deny it. I agree. We weren’t targeting specific people, which is what the President’s executive order does. However, we did keep tabs on some Americans we caught if there was an interest [by the White House.] That’s not legal. And I am very upset that I played a part in it.” [Truthout (.org), 1/17/2006] Hayden also denies persistent allegations from European government officials that the agency has engaged in economic espionage to help American companies against European competitors (see April 4, 2001). In March 2001, the American Civil Liberties Union’s Barry Steinhardt says that “since there is no real check on [the NSA], there is no way to know” if they are following the law. Steinhardt says that Congress is the only real check on possible NSA abuses, but it has consistently failed to exercise any sort of aggressive oversight on the agency. [CNN, 3/31/2001]

Entity Tags: National Security Agency, Barry Steinhardt, Michael Hayden, American Civil Liberties Union

Timeline Tags: Civil Liberties

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

Entity Tags: Spanish intelligence, German intelligence community, Mohamed Atta, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

At some time in August 2001, Zacarias Moussaoui calls Naamen Meziche, who is an apparent member of the al-Qaeda cell in Hamburg, Germany, with a few of the future 9/11 hijackers. Moussaoui is in the US and will be arrested and imprisoned on August 16 (see August 16, 2001). Although it is not specified in news reports, presumably Moussaoui makes the call before his arrest, while he still is able to make calls. Meziche’s phone number is written on a piece of paper among Moussaoui’s belongings. FBI officials will not be allowed to search Moussaoui’s possessions until after 9/11. Presumably, if they had been able to, the call and phone number could have helped point investigators to the Hamburg cell and hijackers. Meziche is the son-in-law of Mohammed Fazazi, the radical imam of the Al-Quds mosque in Hamburg, Germany, regularly attended by three of the 9/11 hijackers (see 1993-Late 2001). He is also said to be a friend of hijacker Mohamed Atta. Meziche’s role in the Hamburg cell will only emerge after he is killed in a US drone strike in Pakistan in 2010 (see October 5, 2010). [Wall Street Journal, 10/16/2010] Before 9/11, German investigators are monitoring some members of the Hamburg cell (see for instance November 1, 1998-February 2001). Had that investigation widened to include Meziche, the call from Moussaoui could have been detected and changed the investigation of Moussaoui in the US.

Entity Tags: Mohamed Atta, Zacarias Moussaoui, Mohammed Fazazi, Naamen Meziche

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush at his Crawford, Texas, ranch on August 6, 2001. Advisors wait with classified briefings.President Bush at his Crawford, Texas, ranch on August 6, 2001. Advisors wait with classified briefings. [Source: White House]President Bush receives a classified presidential daily briefing (PDB) at his Crawford, Texas ranch indicating that Osama bin Laden might be planning to hijack commercial airliners. The PDB provided to him is entitled, “Bin Laden Determined to Strike in US.” The entire briefing focuses on the possibility of terrorist attacks inside the US. [New York Times, 5/15/2002; Newsweek, 5/27/2002] The analysts who drafted the briefing will say that they drafted it on the CIA’s initiative (see July 13, 2004), whereas in 2004 Bush will state that he requested a briefing on the topic due to threats relating to a conference in Genoa, Italy, in July 2001, where Western intelligence agencies believed Osama bin Laden was involved in a plot to crash an airplane into a building to kill Bush and other leaders (see April 13, 2004). The analysts will later explain that they saw it as an opportunity to convey that the threat of an al-Qaeda attack in the US was both current and serious. [9/11 Commission, 7/24/2004, pp. 260] The existence of this briefing is kept secret, until it is leaked in May 2002, causing a storm of controversy (see May 15, 2002). While National Security Adviser Condoleezza Rice will claim the memo is only one and a half pages long, other accounts state it is 11 1/2 pages instead of the usual two or three. [New York Times, 5/15/2002; Newsweek, 5/27/2002; Die Zeit (Hamburg), 10/1/2002] A page and a half of the contents will be released on April 10, 2004; this reportedly is the full content of the briefing. [Washington Post, 4/10/2004] The briefing, as released, states as follows (note that the spelling of certain words are corrected and links have been added):
bullet Clandestine, foreign government, and media reports indicate bin Laden since 1997 has wanted to conduct terrorist attacks in the US (see December 1, 1998). Bin Laden implied in US television interviews in 1997 and 1998 that his followers would follow the example of World Trade Center bomber Ramzi Yousef and “bring the fighting to America” (see May 26, 1998).
bullet After US missile strikes on his base in Afghanistan in 1998, bin Laden told followers he wanted to retaliate in Washington, according to a -REDACTED-service (see December 21, 1998).
bullet An Egyptian Islamic Jihad (EIJ) operative told -REDACTED- service at the same time that bin Laden was planning to exploit the operative’s access to the US to mount a terrorist strike.
bullet The millennium plotting in Canada in 1999 may have been part of bin Laden’s first serious attempt to implement a terrorist strike in the US. Convicted plotter Ahmed Ressam has told the FBI that he conceived the idea to attack Los Angeles International Airport himself (see December 14, 1999), but that bin Laden lieutenant Abu Zubaida encouraged him and helped facilitate the operation. Ressam also said that in 1998 Abu Zubaida was planning his own US attack (see Late March-Early April 2001 and May 30, 2001).
bullet Ressam says bin Laden was aware of the Los Angeles operation.
bullet Although bin Laden has not succeeded, his attacks against the US Embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998) demonstrate that he prepares operations years in advance and is not deterred by setbacks. Bin Laden associates surveyed our embassies in Nairobi and Dar es Salaam as early as 1993 (see Late 1993-Late 1994), and some members of the Nairobi cell planning the bombings were arrested and deported in 1997.
bullet Al-Qaeda members—including some who are US citizens—have resided in or traveled to the US for years, and the group apparently maintains a support structure that could aid attacks (see January 25, 2001). Two al-Qaeda members found guilty in the conspiracy to bomb our embassies in East Africa were US citizens (see September 15, 1998), and a senior EIJ member lived in California in the mid-1990s (see November 1989 and September 10, 1998).
bullet A clandestine source said in 1998 that a bin Laden cell in New York was recruiting Muslim-American youth for attacks (see October-November 1998).
bullet “We have not been able to corroborate some of the more sensational threat reporting, such as that from a [REDACTED] service in 1998 saying that bin Laden wanted to hijack a US aircraft to gain the release of ‘Blind Sheikh’ Omar Abdul-Rahman and other US-held extremists” (see 1998, December 4, 1998, and May 23, 2001). [9/11 Commission, 7/24/2004, pp. 223] According to the Washington Post, this information came from a British service. [Washington Post, 5/18/2002]
bullet Nevertheless, FBI information since that time indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York (see May 30, 2001).
bullet The FBI is conducting approximately 70 full-field investigations throughout the US that it considers bin Laden-related (see August 6, 2001). CIA and the FBI are investigating a call to our embassy in the UAE in May saying that a group or bin Laden supporters was in the US planning attacks with explosives (see May 16-17, 2001). [9/11 Commission, 7/24/2004, pp. 223]
In retrospect, the briefing is remarkable for the many warnings that apparently are not included (see for instance, from the summer of 2001 prior to August alone: May 2001, June 2001, June 12, 2001, June 19, 2001, Late Summer 2001, July 2001, July 16, 2001, Late July 2001, Late July 2001, Summer 2001, June 30-July 1, 2001, July 10, 2001, and Early August 2001). According to one account, after the PDB has been given to him, Bush tells the CIA briefer, “You’ve covered your ass now” (see August 6, 2001). Incredibly, the New York Times later reports that after being given the briefing, Bush “[breaks] off from work early and [spends] most of the day fishing.” [New York Times, 5/25/2002] In 2002 and again in 2004, National Security Adviser Rice will incorrectly claim under oath that the briefing only contained historical information from 1998 and before (see May 16, 2002 and April 8, 2004).

Entity Tags: George W. Bush, Islamic Jihad, Omar Abdul-Rahman, Federal Bureau of Investigation, Los Angeles International Airport, Condoleezza Rice, Abu Zubaida, Al-Qaeda, World Trade Center, Central Intelligence Agency, 9/11 Commission, Ahmed Ressam, Ramzi Yousef, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A letter that Zacarias Moussaoui had in his possession when he was arrested. It is signed by Yazid Sufaat, whose apartment was used for a 9/11 planning meeting in January 2000 that was monitored by the authorities.A letter that Zacarias Moussaoui had in his possession when he was arrested. It is signed by Yazid Sufaat, whose apartment was used for a 9/11 planning meeting in January 2000 that was monitored by the authorities. [Source: US District Court for the Eastern District of Virginia, Alexandria Division] (click image to enlarge)After Zacarias Moussaoui is arrested, the FBI wishes to search his possessions (see August 16, 2001 and August 23-27, 2001). According to a presentation made by FBI agent Aaron Zebley at Moussaoui’s trial, the belongings are sufficient to potentially connect Moussaoui to eleven of the 9/11 hijackers: Mohamed Atta, Marwan Alshehhi, Ziad Jarrah, Hani Hanjour, Khalid Almihdhar, Nawaf Alhazmi, Fayez Banihammad, Ahmed Alhaznawi, Hamza Alghamdi, Satam Al Suqami, and Waleed Alshehri. The connections would be made, for example, through Ramzi bin al-Shibh, who spoke with Moussaoui on the telephone and wired him money (see July 29, 2001-August 3, 2001), and who was linked to three of the hijacker pilots from their time in Germany together (see November 1, 1998-February 2001). Bin al-Shibh also received money from Mustafa Ahmed al-Hawsawi, who was connected to hijacker Fayez Ahmed Banihammad (see June 25, 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006] Moussaoui’s notebook contained two recognizable control numbers for the Western Union wire transfers from bin al-Shibh and, according to McClatchy newspapers, a check on these numbers “would probably have uncovered other wires in the preceding days” to bin al-Shibh from al-Hawsawi. [McClatchy Newspapers, 9/11/2007] The discovery of the eleven hijackers could potentially have led to the discovery of some or all of the remaining eight plot members, as they were brothers (Wail and Waleed Alshehri, Nawaf and Salem Alhazmi), opened bank accounts together (see May 1-July 18, 2001 and June 27-August 23, 2001), lived together (see March 2001-September 1, 2001), obtained identity documents together (see April 12-September 7, 2001 and August 1-2, 2001), arrived in the US together (see April 23-June 29, 2001), and booked tickets on the same four flights on 9/11 (see August 25-September 5, 2001).

Entity Tags: Saeed Alghamdi, Salem Alhazmi, Satam Al Suqami, Waleed Alshehri, Zacarias Moussaoui, Ziad Jarrah, Wail Alshehri, Mohand Alshehri, Nawaf Alhazmi, Marwan Alshehhi, Ahmed Alhaznawi, Ahmed Alghamdi, Mohamed Atta, Fayez Ahmed Banihammad, Abdulaziz Alomari, Hani Hanjour, Hamza Alghamdi, Ahmed Alnami, Majed Moqed, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Margaret Gillespie, an FBI agent detailed to the CIA who has just found out that future 9/11 hijacker Khalid Almihdhar is in the US (see August 21-22, 2001), suggests asking failed Millennium bomber Ahmed Ressam whether he recognizes Almihdhar, but the proposal is not acted on. Ressam was arrested on his way to bomb Los Angeles airport (see December 14, 1999), but has been co-operating with the US government against al-Qaeda (see May 30, 2001). Gillespie makes the suggestion in an e-mail to Tom Wilshire, a CIA representative to the FBI. It is unclear what Wilshire does with the suggestion, but Ressam is not interviewed. When shown photos of Almihdhar after 9/11, Ressam will not recognize him. The FBI also fails to ask Ressam about Zacarias Moussaoui before 9/11, but shortly after 9/11 Ressam will identity Moussaoui as a person that attended al-Qaeda’s camps in Afghanistan (see Late August-Early September 2001). [9/11 Commission, 7/24/2004, pp. 275-6, 541]

Entity Tags: Zacarias Moussaoui, Tom Wilshire, Khalid Almihdhar, Ahmed Ressam, Margaret Gillespie, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI fails to ask Ahmed Ressam, an al-Qaeda operative arrested during the Millennium alert (see December 14, 1999), whether he can identify Zacarias Moussaoui. Agents in Seattle holding Ressam receive a general notification about the Moussaoui case, but it lacks urgency and they do not follow up on it with Ressam (see September 4, 2001). When asked shortly after 9/11, Ressam will say he recognizes Moussaoui from al-Qaeda’s training camps in Afghanistan. The 9/11 Commission will conclude that had Ressam been shown photos of Moussaoui and identified him before 9/11, the FBI would have been able to search his belongings. The belongings contain enough information to potentially prevent 9/11 (see August 16, 2001). The FBI also fails to ask Ressam whether he recognizes Khalid Almihdhar at this time, although Ressam has never met Almihdhar and will not identify him after 9/11 (see August 21, 2001). [Sunday Times (London), 2/3/2002; 9/11 Commission, 7/24/2004, pp. 275-6, 541]

Entity Tags: Ahmed Ressam, FBI Headquarters, Federal Bureau of Investigation, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

NSA director Michael Hayden addresses the NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties, “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference (see January 23, 2006) that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden will say that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes.
Expansion of NSA Surveillance Powers - Using Ronald Reagan’s 1981 executive order 12333 (see December 4, 1981), Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that this expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House, as well as Attorney General John Ashcroft. [Michael Hayden, 1/23/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, US Department of Justice, National Security Agency, John Ashcroft, George W. Bush, Bush administration (43), Ronald Reagan, Michael Hayden

Timeline Tags: Civil Liberties

Mohamed Abdi, a 44-year-old Somali immigrant whose phone number was found in a car belonging to one the 9/11 hijackers, is detained without bail in Alexandria, Va. On September 12, 2001, FBI investigators discovered a car registered to 9/11 hijacker Nawaf Alhazmi at Dulles Airport (see September 11-13, 2001). In the car, they found a Washington-area map with the name “Mohumad” and a Virginia phone number belonging to Mohamed Abdi. At the court hearing, an FBI investigator says that Abdi has not explained the finding and is suspected of being linked to the hijackers. FBI Special Agent Kevin W. Ashby also testifies that an article on Ahmed Ressam was found in Abdi’s clothing. Ressam was convicted of trying to bomb Los Angeles Airport in 2000 (see December 14, 1999). According to press reports, Abdi is not cooperating with police. He came to the United States in 1993 as a refugee. He later brought his wife and four children to the US and obtained US citizenship. Shortly after his arrival, Abdi worked for Caterair, a food service company at Reagan National Airport. At the time of his arrest, Abdi had been working as a low-paid security guard for Burns Security for seven years. Burns does not provide airport security services, however, a Burns subsidiary called Globe Aviation Services provides screening services at several US airports, including the American Airlines concourse at Boston’s Logan Airport, from which one of the hijacked flights took off (see October 10, 2001). Abdi, who has had financial difficulties for some time, is charged with check forgery. He is accused of forging his landlord’s signature to obtain a government housing subsidy. No terrorism charges are filed. [US District Court Eastern District of Virginia, 9/23/2001 pdf file; Washington Post, 9/27/2001 pdf file; Human Events, 10/15/2001; Human Events, 10/15/2001] In January 2002, Abdi will receive a four-month sentence for forgery. Any link he may have had with the hijackers will remain unclear. [Washington Post, 1/12/2002]

Entity Tags: Washington Dulles International Airport, Ronald Reagan Washington National Airport, Nawaf Alhazmi, Logan International Airport, Mohamed Abdi, Globe Aviation Services Corp., Federal Bureau of Investigation, Burns Security

Timeline Tags: Complete 911 Timeline

Lt. Col. Stuart Couch.Lt. Col. Stuart Couch. [Source: Wall Street Journal]Mohamedou Ould Slahi, a Mauritanian businessman and alleged liaison between Islamic radicals in Hamburg and Osama bin Laden with foreknowledge of the 9/11 plot (see 1999 and January-April 2000), is arrested in Mauritania by secret police, his family says. By December, he will be in US custody. He will later be housed at a secret CIA facility within Camp Echo at the Guantanamo Bay Naval Station. [Washington Post, 12/17/2004] In 2007, it will be reported that one of Slahi’s prosecutors, Lt. Col. Stuart Couch, has refused to continue to prosecute Slahi after learning details of Slahi’s tortures at Guantanamo. [Wall Street Journal, 3/31/2007] The Nation will later report, “Aside from the beatings, waterboarding, stress positions, and sexual degradation that have been the norm at Guantanamo, Slahi was taunted with details of his mother’s incarceration and rape in an elaborate hoax by an officer who claimed to be representing the White House.” While Couch believes Slahi is a high-level al-Qaeda operative, he also believes the much of the evidence against him is not credible because of the methods used to obtain it. [Nation, 4/4/2007]

Entity Tags: Stuart Couch, Mohamedou Ould Slahi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

NSA Director Michael Hayden briefs the House Intelligence Committee on the NSA’s efforts to combat terrorism. Though the NSA is already working on a domestic wiretapping program to spy, without warrants, on US citizens (see Early 2002), Hayden does not mention the program to the committee members, but merely discusses the ramifications of President Reagan’s Executive Order 12333 (see December 4, 1981 and September 13, 2001) on NSA functions. He does not mention that Reagan’s executive order forbids warrantless surveillance of US citizens “unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power.” On October 11, committee member Nancy Pelosi (D-CA) will write to Hayden expressing her concerns about the warrantless nature of the NSA wiretaps (see October 11, 2001). [Washington Post, 1/4/2006]

Entity Tags: National Security Agency, House Intelligence Committee, Michael Hayden, Nancy Pelosi, Terrorist Surveillance Program, Ronald Reagan

Timeline Tags: Civil Liberties

Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [Washington Post, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [Washington Post, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [New York Times, 12/15/2005]
'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [Washington Post, 12/18/2005]
Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this.

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Nancy Pelosi, John D. Rockefeller, House Intelligence Committee, Daniel Robert (“Bob”) Graham, George J. Tenet, George W. Bush, Michael Hayden, National Security Agency

Timeline Tags: Civil Liberties

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

Yaser Esam Hamdi in Afghanistan shortly after being captured there.Yaser Esam Hamdi in Afghanistan shortly after being captured there. [Source: Virginian Pilot]Yaser Esam Hamdi, who holds dual Saudi and US citizenship, is captured in Afghanistan by the Northern Alliance and handed over to US forces. According to the US government, at the time of his arrest, Hamdi carries a Kalashnikov assault rifle and is traveling with a Taliban military unit. The following month he will be transferred to Guantanamo. In April 2002, it will be discovered he is a US citizen. He will be officially be declared an “enemy combatant” and transferred to a Navy brig in Norfolk, Virginia (see April 2002). [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place.Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place. [Source: Canal+]FBI translator Sibel Edmonds receives a call from co-worker Melek Can Dickerson, whom she barely knows. Dickerson says she and her husband Major Douglas Dickerson are in the area and would like to stop by for a visit. [Vanity Fair, 9/2005] Douglas is a US Air Force major who procures weapons from the US for various Central Asian and Middle Eastern governments. [Anti-War (.com), 8/15/2005] “I’m in the area with my husband and I’d love you to meet him. Is it OK if we come by?” Edmonds recalls Dickerson saying. When the couple arrives, Douglas Dickerson encourages Edmonds and her husband Matthew Edmonds to join the American-Turkish Council (ATC) and the Assembly of Turkish American Associations (ATAA). Joining the organizations would get them tied in with a network of high-level people, including officials at the Turkish Embassy. When Sibel’s husband Michael suggests that there are probably strict eligibility requirements for becoming a member of this organization, Douglas says to Sibel, “All you have to do is tell them who you work for and what you do and you will get in very quickly.” Sibel attempts to steer the conversation toward another topic. As part of her job at the FBI, some of the wiretapped conversations she translates involve the very same people the Dickersons are describing as “high-level friends.” She is concerned that the ultimate goal of the Dickersons’ offer is to get Sibel involved in espionage and to help shield those groups from FBI surveillance. [Washington Post, 6/19/2002; CBS News, 10/25/2002; New York Observer, 1/22/2004; Vanity Fair, 9/2005] Major Dickerson brings up the name of a wealthy Turkish man living in nearby McLean, Virginia, who is involved with the ATC and has access to US military information. Sibel Edmonds is surprised because she recognizes his name from an investigation she is working on and knows that he is the target of an FBI counterintelligence operation. The Dickersons intimate that they are so close to this man that they shop for him and his wife. [Sperry, 2005, pp. 163] “They wanted to sell me for the information I could provide,” she later explains in an interview. They promised her she would receive enough to “live a very comfortable life wherever we wanted. We would never have to work again.” [Anti-War (.com), 7/1/2004]

Entity Tags: Matthew Edmonds, Douglas Dickerson, Assembly of Turkish American Associations, Melek Can Dickerson, Sibel Edmonds, American-Turkish Council

Timeline Tags: Complete 911 Timeline

Sometime in early 2002, President Bush signs a secret executive order authorizing the National Security Agency (NSA) to wiretap phone conversations and read e-mails to and from US citizens. The order extends an operation set into motion at least as early as October 2001 to begin wiretapping US citizens’ phones in a response to the 9/11 attacks. When the program is revealed by the US media in late 2005 (see December 15, 2005), Bush and his officials will say the program is completely legal, though it ignores the requirements of the Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain court-issued warrants to mount surveillance against US citizens. They will insist that only those suspected of having ties to al-Qaeda are monitored, and only when those individuals make or receive international communications. [New York Times, 12/15/2005; Washington Post, 12/22/2005; Newsweek, 12/22/2008] Bush’s order authorizes the NSA to monitor international telephone conversations and international e-mails of hundreds, and perhaps thousands, of US citizens without court warrants, in an effort to track what officials call “dirty numbers” linked to al-Qaeda. When the program is finally revealed by the New York Times over three years later (see December 15, 2005), officials will say that the NSA still seeks warrants to monitor domestic communications. But there is little evidence of this (see, for example, Spring 2001). The presidential order is a radical shift in US surveillance and intelligence-gathering policies, and a major realignment for the NSA, which is mandated to only conduct surveillance abroad. Some officials believe that the NSA’s domestic eavesdropping crosses constitutional limits on legal searches. “This is really a sea change,” a former senior official who specializes in national security law will say in December 2005. “It’s almost a mainstay of this country that the NSA only does foreign searches.” [New York Times, 12/15/2005] Some sources indicate that NSA domestic surveillance activities, such as data-mining, the use of information concerning US persons intercepted in foreign call monitoring, and possibly direct surveillance of US persons, took place prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: George W. Bush, Al-Qaeda, Foreign Intelligence Surveillance Court, National Security Agency

Timeline Tags: Civil Liberties

FBI translator Sibel Edmonds submits a confidential memo (see Between February 1, 2002 and February 11, 2002) alleging that co-translator Melek Can Dickerson shielded Turkish officials from an FBI investigation by failing to translate important wiretapped conversations. Edmonds’ supervisor, Stephanie Bryan, passes the memo onto supervisory special agent Tom Frields. But Frields says he will not look at the memo until after Dickerson and supervisor Mike Feghali have reviewed and commented on it. Shortly after submitting the memo, Edmonds is informed that she is being investigated by the bureau’s security department because she wrote the memo on a home computer, even though she had received explicit permission to do so (see Between February 1, 2002 and February 11, 2002). Before leaving the office, Dickerson allegedly comes over to her and says, “Why are you doing this, Sibel? Why don’t you just drop it? You know there could be serious consequences. Why put your family in Turkey in danger over this?” [New York Observer, 1/22/2004; Vanity Fair, 9/2005] The following day, three FBI agents come to the home of Sibel and Matthew Edmonds and seize their computer. [Associated Press, 1/14/2005; Vanity Fair, 9/2005]

Entity Tags: Thomas Frields, Stephanie Bryan, Sibel Edmonds, Melek Can Dickerson, Mike Feghali

Timeline Tags: Complete 911 Timeline

The Washington Post reveals that the US government has secretly transported “dozens of people” suspected of links to terrorists to foreign countries with poor human rights records “where they can be subjected to interrogation tactics—including torture and threats to families—that are illegal in the United States.” The program is known as “rendition” (see 1993) (see After September 11, 2001). [Washington Post, 3/11/2002]

Entity Tags: Washington Post, Bush administration (43)

Timeline Tags: Torture of US Captives

Yaser Esam Hamdi, detained at Guantanamo in January 2002, is discovered to be a US citizen. He is thereupon officially declared an “enemy combatant” and transferred to the Navy brig in Norfolk, Virginia. [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

Binyam Mohamed, a young British Muslim detained by Pakistani authorities while attempting to fly to London (see September 2001 - April 9, 2002), remains in Pakistani custody for two weeks before he is interrogated by an American FBI agent calling himself “Chuck.”
Denied Lawyer - Mohamed asks for a lawyer and Chuck replies, according to Mohamed: “The law’s changed. There are no lawyers. Either you’re going to answer me the easy way or I get the information I need another way.” Like other American intelligence and law enforcement agents, Chuck wants information about possible radioactive bombs or weapons in the hands of Islamist militants. “Every interrogator would ask questions about it,” a former CIA officer will later say.
Spoof Website - Mohamed unwittingly sets off alarms when he mentions having seen a spoof website with instructions on how to build a nuclear device—the instructions say that one can refine bomb-grade uranium by whirling a bucket around one’s head. In 2009, Mohamed will recall: “I mentioned the website to Chuck. It was obviously a joke: it never crossed my mind that anyone would take it seriously. But that’s when he started getting all excited.” Chuck begins accusing Mohamed of being in league with Osama bin Laden to construct a nuclear weapon: “Towards the end of April he began telling me about this A-bomb I was supposed to be building, and he started on about Osama bin Laden and his top lieutenants, showing me pictures and making out I must have known them.”
Harsh Methods - “He started asking me about operations and what type I had been trained for,” Mohamed will add. It is during this time that Mohamed is subjected to harsh, abusive interrogation methods: “For at least 10 days I was deprived of sleep. Sometimes the Pakistanis chained me from the top of the gate to the cell by my wrists from the end of one interrogation to the start of the next for about 22 hours. If I shouted, sometimes I would be allowed to use a toilet. Other times, they wouldn’t let me go and I would p_ss myself. They had a thick wooden stick, like a kind of paddle, which they used to beat me while I was chained. They’d beat me for a few minutes, then stop, then start again. They also carried out a mock execution. A guard put a gun to my head and said he was going to pull the trigger. They were saying, ‘This is what the Americans want us to do.’” [Daily Mail, 3/8/2009]

Entity Tags: Central Intelligence Agency, “Chuck” (FBI agent), Federal Bureau of Investigation, Binyam Mohamed

Timeline Tags: Torture of US Captives

Not long after being captured, al-Qaeda leader Abu Zubaida identifies Jose Padilla as an al-Qaeda operative to his FBI interrogators (see Late March through Early June, 2002). Padilla is a US citizen, and US intelligence has been monitoring him and some of his associates in Florida for nearly a decade already (see (October 1993-November 2001)). However, the New York Times will allege in 2006: “But Mr. Zubaida dismissed Mr. Padilla as a maladroit extremist whose hope to construct a dirty bomb, using conventional explosives to disperse radioactive materials, was far-fetched. He told his questioners that Mr. Padilla was ignorant on the subject of nuclear physics and believed he could separate plutonium from nuclear material by rapidly swinging over his head a bucket filled with fissionable material” (see Early 2002). [New York Times, 9/10/2006] The US arrests Padilla a short time later, when he returns to the US from an overseas trip on May 8 (see May 8, 2002). One month later, Attorney General John Ashcroft will reveal Padilla’s arrest in a widely publicized announcement, and will further allege that Padilla was actively plotting to detonate a radioactive “dirty bomb” inside the US (see June 10, 2002). However, it appears Zubaida may have been correct that Padilla was wildly overhyped. The US will later drop charges that Padilla was making a “dirty bomb,” planning any attack in the US, and was a member of al-Qaeda. [Knight Ridder, 11/23/2005] Journalist Ron Suskind will comment in 2006, “Padilla turned out to not be nearly as valuable as advertised at the start, though, and I think that’s been shown in the ensuing years.” [Salon, 9/7/2006]

Entity Tags: Federal Bureau of Investigation, Jose Padilla, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A British MI5 officer calling himself “John” visits Muslim terror suspect Binyam Mohamed while Mohamed is in Pakistani custody (see April 10-May, 2002). Mohamed has already been extensively interrogated by Americans and tortured by his Pakistani captors. John, whom later court documents show is fully aware of what has been done to Mohamed, is accompanied by another man, whom Mohamed believes is either British or American. The American interrogators have already threatened to “rendition” Mohamed “somewhere where I would be tortured far worse, like Jordan or Egypt,” he will later recall. “I was given a cup of tea and asked for one sugar. The other guy told me, ‘You’ll need more than one sugar where you’re going.’” The interrogation centers on Mohamed’s knowledge of nuclear devices that Islamist militants might have, and he is asked for more details about the “spoof” Web site he had earlier mentioned. “They asked me about the A-bomb website and I told them it was a joke,” he says. “They wanted to know everything about my life in the UK and I gave them all the information I had. Later I realized that was part of my undoing: I told them the area I lived in had 10,000 Moroccans and was known as Little Morocco. The feedback I got later from the Americans was that because the Brits told them I had lived in a Moroccan area, they thought Moroccans would be more likely to make me talk. At the same time, they thought I must know something about what Moroccans were up to in London.” It is at this time that his American and British interrogators begin threatening to send him to Morocco to be interrogated and tortured. MI5 concludes, according to its own documents later revealed in court, that Mohamed and another prisoner are both “lying to protect themselves” and “evidently holding back.” It is during this period that MI5 begins supplying the Americans with questions and information to use during interrogation (see February 24, 2009). “John told me that if I cooperated he’d tell the Americans to be more lenient with my treatment,” Mohamed will later recall. In a confidential memo written by John to his superiors, the British agent writes: “I told Mohammed [sic] that he had an opportunity to help us and help himself. The US authorities will be deciding what to do with him and this would depend to a very large degree on his cooperation—I said that I could not and would not negotiate up front, but if he persuaded me he was cooperating fully then (and only then) I would explore what could be done for him with my US colleagues.… While he appeared happy to answer any questions, he was holding back a great deal of information on who and what he knew in the UK and in Afghanistan.” In July, Mohamed will be flown to Rabat, Morocco (see July 21, 2002 -- January 2004). [Daily Mail, 3/8/2009]

Entity Tags: UK Security Service (MI5), “John” (MI5 agent), Central Intelligence Agency, Binyam Mohamed

Timeline Tags: Torture of US Captives

The CIA begins bringing exiled Iraqi fighters into the US to begin training for the Anabasis project (see Late November 2001 or December 2001). Some of the Iraqis are flown in on secret flights using the same planes that are involved in the CIA’s extraordinary renditions (see After September 11, 2001) Other exiles enter the US with CIA-provided passports. [Isikoff and Corn, 2006, pp. 155]

Entity Tags: Central Intelligence Agency

Timeline Tags: Alleged Use of False Flag Attacks, Events Leading to Iraq Invasion

In a successful attempt to “steal” some media coverage from FBI agent Coleen Rowley’s testimony and concurrent media blitz (see June 6, 2002), the Bush administration counters with a public relations event of its own. The same day that Rowley testifies, President Bush announces the proposed creation of the new, Cabinet-level Department of Homeland Security (DHS)—an agency proposed by Democrats and, up till now, one that Bush has vehemently opposed, preferring instead to make any such agency a subsidiary office within the White House. It will be the largest reorganization of the government since the implementation of the 1947 National Security Act, when the Defense Department, National Security Council (NSC), and CIA were created. To ensure that Rowley’s testimony does not dominate the headlines, Bush also gives an evening speech on prime-time television, again announcing the new department. In that speech, Bush calls the DHS the latest effort in the US’s “titanic struggle against terror.” In 2006, author and media critic Frank Rich will write that the announcement and speech “assur[e] that Rowley’s whistle-blowing would be knocked out of the lead position on the next day’s morning shows and newspapers.” DHS will not be officially activated for almost six months (see November 25, 2002), but the announcement and subsequent speech succeeds in driving Rowley’s testimony off the front pages and the television broadcasts. Rich will write that the announcement of the capture of alleged “dirty bomber” Jose Padilla (see June 10, 2002) four days later, even though Padilla had been in custody since May 8 (see May 8, 2002), further drives any mention or analysis of Rowley’s testimony out of the news. [White House, 6/6/2002; CNN, 6/7/2002; Rich, 2006, pp. 49-50]

Entity Tags: Frank Rich, Bush administration (43), Coleen Rowley, US Department of Homeland Security, George W. Bush

Timeline Tags: Complete 911 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

Donna R. Newman, attorney for “enemy combatant” Jose Padilla (see June 10, 2002), files a habeas corpus petition in the District Court for the Southern District of New York. Newman informs the court that she has been told by the government that she is not permitted to visit Padilla or to speak with him. She may write, but he might not receive the correspondence, she says. [Jose Padilla v. George W. Bush et al., 12/4/2002 pdf file]

Entity Tags: Jose Padilla, Donna R. Newman

Timeline Tags: Torture of US Captives, Civil Liberties

In a court brief in the detention case of Yaser Esam Hamdi (see December 2001), the Bush Justice Department argues against a judge’s decision that Hamdi, a US citizen, must be allowed representation by a lawyer (see June 11, 2002). Though that right is a fundamental precept of American jurisprudence, the Justice Department argues that to allow Hamdi to have access to a lawyer—indeed, to have any contact with the outside world—would interfere with his interrogation. Moreover, only the president and his officials can decide who is and who is not a terrorist, so the courts have no right to demand access to evidence and Hamdi has no need for a lawyer. “The courts may not second-guess the military’s enemy combatant determination,” the Bush lawyers argue. “Going beyond that determination would require the courts to enter an area in which they have no competence, much less institutional expertise, [and] intrude upon the constitutional prerogative of the commander in chief (and military authorities acting under his control).” The appeals court will rule in favor of the Bush administration’s argument, deny Hamdi access to a lawyer, and instruct the lower courts to be far more deferential to the president’s power as commander in chief in future cases (see July 12, 2002). [UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 6/12/2002 pdf file; Savage, 2007, pp. 152-153]

Entity Tags: Bush administration (43), Yaser Esam Hamdi, US Department of Justice

Timeline Tags: Civil Liberties

In a lengthy unclassified hearing held by the Senate Judiciary Committee, FBI officials confirm translator Sibel Edmond’s allegations that co-worker Melek Can Dickerson had either mistranslated or incorrectly marked “not pertinent” hundreds of wiretapped telephone conversations involving certain surveillance targets with whom she had become friends (see (November 2001)). They also acknowledge that she had attempted to take control over all translation assignments involving those targets (see November 2001 or December 2001). The targets worked at the American-Turkish Council (ATC), where Dickerson was an intern before taking her job at the FBI. The FBI confirms also that Dickerson had failed to disclose this information on her application (see also (Late October 2001)), but nonetheless attributes her failure to translate these wiretaps to lack of training. [Leahy and Grassley, 6/19/2002; Washington Post, 6/19/2002; United Press International, 1/24/2005; Vanity Fair, 9/2005] One of the participants of the hearing will later tell the New York Observer that the session was tense. “None of the FBI officials’ answers washed, and they could tell we didn’t believe them.” He remembers that one of the Congressional investigators told the officials, “You basically admitted almost all that Sibel alleged, yet you say there’s no problem here. What’s wrong with this picture?” [New York Observer, 1/22/2004]

Entity Tags: Senate Judiciary Committee, Federal Bureau of Investigation, American-Turkish Council, Melek Can Dickerson, Sibel Edmonds

Timeline Tags: Complete 911 Timeline

Jose Padilla (see June 10, 2002)‘s public prosecutors file a document with the District Court for the Southern District in Lower Manhattan, which says Padilla had been declared an “enemy combatant” on grounds that “Citizens who associate themselves with the enemy and with its aid, guidance, and direction, enter this country bent on hostile acts, are enemy belligerents.” [CNN, 6/27/2002]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

Terror suspect Binyam Mohamed (see May-September, 2001) is flown from Pakistan to Morocco as part of a joint British-American attempt to force him to divulge information about possible nuclear devices owned by Islamist militants (see May 17 - July 21, 2002). He is flown—trussed, gagged, blindfolded, and diapered (see October 4, 2001)—to Rabat, Morocco, a flight later confirmed by the CIA’s own flight logs. He remains in Moroccan custody for 15 months.
Beaten, Slashed with Scalpels - As he will later recall, he is introduced to Moroccan detention practices by an interrogator named Marwan, who gives him thorough and repeated beatings. When Mohamed has been softened up: “[T]hey cut off my clothes with some kind of doctor’s scalpel. I was totally naked.… They took the scalpel to my right chest. It was only a small cut. Maybe an inch. Then they cut my left chest. One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony, crying, trying desperately to suppress myself, but I was screaming. I remember Marwan seemed to smoke half a cigarette, throw it down, and start another. They must have done this 20 to 30 times in maybe two hours. There was blood all over. They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists.” This happens time and again over the next 15 months.
British Complicity in CIA, Moroccan Interrogations - Documents disclosed for Mohamed’s later lawsuit against the US (see February 4, 2009) show that British MI5 agents are aware of the entirety of Mohamed’s treatment, and are in collusion with the Moroccans and the US in Mohamed’s treatment; on September 30, MI5 and CIA officials hold a conference where Mohamed’s treatment and interrogation are discussed. During much of Mohamed’s detention in Morocco, MI5 passes questions and photographs to the CIA for use in Mohamed’s interrogations (see February 24, 2009). Mohamed will later recall: “They started bringing British files to the interrogations—thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people torturing me, I felt completely naked. It was when they started asking the questions supplied by the British that my situation worsened. They sold me out.”
Elaborate Confessions - By this time, as Mohamed will recall, he is willing to confess to anything to make the torture stop. “They had fed me enough through their questions for me to make up what they wanted to hear,” he will recall. “I confessed to it all. There was the plot to build a dirty nuclear bomb, and another to blow up apartments in New York with their gas pipes.” The “gas pipe” plot connects Mohamed to 9/11 plotter Khalid Shaikh Mohammed, who supposedly conceived of the idea. “I said Khalid Shaikh Mohammed had given me a false passport after I was stopped the first time in Karachi and that I had met Osama bin Laden 30 times,” Mohamed will recall. “None of it was true. The British could have stopped the torture because they knew I had tried to use the same passport at Karachi both times (see September 2001 - April 9, 2002). That should have told them that what I was saying under torture wasn’t true. But so far as I know, they did nothing.”
'Rendered' to Afghanistan - Fifteen months after being “rendered” to Morocco, Mohamed is “rendered” to Afghanistan by the CIA (see January-September 2004). [Daily Mail, 3/8/2009]

Entity Tags: Central Intelligence Agency, “Marwan” (Moroccan interrogator), Binyam Mohamed, UK Security Service (MI5)

Timeline Tags: Torture of US Captives

As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan

Timeline Tags: Civil Liberties

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