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Context of 'First week of January 2002: ’Tipton Three’ Tortured in Kandahar'

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After the failure of the US federal government under the Articles of Confederation, the men working to shape the new American government—later termed the “Founders”—determine that the new government must have a president with power equal to that of Congress and the Supreme Court. The federal government itself has far more power under the new Constitution than it had under the Articles, but many Founders worry that the government will have, or take upon itself, the power to constrain or even destroy individual rights and freedoms. The government, therefore, will have strict limitations on its functions, and will be divided into three co-equal branches. Debate over whether the new government should have a single president or an executive council rages, but eventually the Founders decide that a single president could best act decisively in times of crisis. However, Congress has the strength to curtail presidential power via legislation and oversight. One of the Founders’ most crucial decisions is to give Congress, not the president, the power to declare war and commit military troops to battle. Congress must also authorize any military actions that fall short of actual war, the creation and maintenance of armies, and exercise control over how the president can call on the armed forces in emergencies. Finally, the Founders, all too aware that until the English Revolution of 1688, the King of England could use his “prerogative powers” to dispense with a law that he felt unnecessary, move to ensure that the US president cannot use a similar usurpation of power to override Congressional legislation, writing in the Constitution that the president must “take care that the laws be faithfully executed.” In 2007, reporter Charlie Savage, drawing on James Madison’s Federalist Papers, will write: “Knowing that it was inevitable that from time to time foolish, corrupt, or shortsighted individuals would win positions of responsibility in the government, the Founders came up with a system that would limit anyone’s ability to become a tyrant or to otherwise wreck the country. And over the next century and a half, the system worked as the Founders had designed it to work.” [Savage, 2007, pp. 14-16]

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

James Madison, one of the founders of the American system of constitutional government (see 1787), writes of the importance of Congress, not the president, retaining the power to send the nation to war. “Those who are to conduct a war cannot, in the nature of things, be proper or safe judges,” he writes, “whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analagous to that which separates the sword from the purse, or the power from executing from the power of enacting laws.” [Savage, 2007, pp. 19]

Entity Tags: James Madison

Timeline Tags: Civil Liberties

The NSA, working with British intelligence, begins secretly intercepting and reading millions of telegraph messages between US citizens and international senders and recipients. The clandestine program, called Operation Shamrock and part of a larger global surveillance network collectively known as Echelon (see April 4, 2001 and Before September 11, 2001), begins shortly after the end of World War II, and continues through 1975, when it is exposed by the “Church Committee,” the Senate investigation of illegal activities by US intelligence organizations (see April, 1976). [Telepolis, 7/25/2000] The program actually predates the NSA, originating with the Armed Forces Security Agency (AFSA) then continuing when that turned into NSA (see 1952). [Pensito Review, 5/13/2006] The program operates in tandem with Project Minaret (see 1967-1975). Together, the two programs spy on both foreign sources and US citizens, especially those considered “unreliable,” such as civil rights leaders and antiwar protesters, and opposition figures such as politicians, diplomats, businessmen, trades union leaders, non-government organizations like Amnesty International, and senior officials of the Catholic Church. The NSA receives the cooperation of such telecommunications firms as Western Union, RCA, and ITT. [Telepolis, 7/25/2000] (Those companies are never required to reveal the extent of their involvement with Shamrock; on the recommendations of Defense Secretary Donald Rumsfeld and presidential chief of staff Dick Cheney, in 1975 President Ford extends executive privilege to those companies, precluding them from testifying before Congress.) [Pensito Review, 5/13/2006] In the 1960s, technological advances make it possible for computers to search for keywords in monitored messages instead of having human analysts read through all communications. In fact, the first global wide-area network, or WAN, is not the Internet, but the international network connecting signals intelligence stations and processing centers for US and British intelligence organizations, including the NSA, and making use of sophisticated satellite systems such as Milstar and Skynet. (The NSA also builds and maintains one of the world’s first e-mail networks, completely separate from public e-mail networks, and highly secret.) At the program’s height, it operates out of a front company in Lower Manhattan code-named LPMEDLEY, and intercepts 150,000 messages a month. In August 1975, NSA director Lieutenant General Lew Allen testifies to the House of Representatives’ investigation of US intelligence activities, the Pike Committee (see January 29, 1976), that “NSA systematically intercepts international communications, both voice and cable.” He also admits that “messages to and from American citizens have been picked up in the course of gathering foreign intelligence,” and acknowledges that the NSA uses “watch lists” of US citizens “to watch for foreign activity of reportable intelligence interest.” [Telepolis, 7/25/2000] The Church Committee’s final report will will call Shamrock “probably the largest government interception program affecting Americans ever undertaken.” [Church Committee, 4/23/1976] Shortly after the committee issues its report, the NSA terminates the program. Since 1978, the NSA and other US intelligence agencies have been restrained in their wiretapping and surveillance of US citizens by the Foreign Intelligence Surveillance Act (see 1978). Admiral Bobby Ray Inman, who will become the NSA’s director in 1977, and who testifies before the Church Committee as director of Naval Intelligence, will later say that he worked actively to help pass FISA: “I became convinced that for almost anything the country needed to do, you could get legislation to put it on a solid foundation. There was the comfort of going out and saying in speeches, ‘We don’t target US citizens, and what we do is authorized by a court.’” [Pensito Review, 5/13/2006] Shamrock is considered unconstitutional by many US lawmakers, and in 1976 the Justice Department investigates potential criminal offenses by the NSA surrounding Shamrock. Part of the report will be released in 1980; that report will confirm that the Shamrock data was used to further the illegal surveillance activities of US citizens as part of Minaret. [Telepolis, 7/25/2000]
bullet After 9/11, the NSA will once again escalate its warrantless surveillance of US citizens, this time monitoring and tracking citizens’ phone calls and e-mails (see After September 11, 2001). It will also begin compiling an enormous database of citizens’ phone activities, creating a “data mine” of information on US citizens, ostensibly for anti-terrorism purposes (see October 2001).

Entity Tags: Western Union, Pike Committee, National Security Agency, Bobby Ray Inman, Church Committee, International Telephone and Telegraph, Radio Corporation of America

Timeline Tags: Civil Liberties

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

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

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

Headline from the New York Times regarding the ‘Roe’ decision.Headline from the New York Times regarding the ‘Roe’ decision. [Source: RubeReality (.com)]The US Supreme Court, in a 7-2 decision, legalizes abortion on a federal level in the landmark case of Roe v. Wade. The majority opinion is written by Justice Harry Blackmun; he is joined by Chief Justice Warren Burger and Justices William O. Douglas, William Brennan, Potter Stewart, Thurgood Marshall, and Lewis Powell. Justices Byron “Whizzer” White and William Rehnquist dissent from the opinion. Blackmun’s majority opinion finds that the 14th Amendment’s guarantees of personal liberty and previous decisions protecting privacy in family matters include a woman’s right to terminate her pregnancy. White’s dissent argues that the Court has “fashion[ed] and announce[d] a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invest[ed] that right with sufficient substance to override most existing state abortion statutes.” The decision does not make abortion freely available to women in any stage of pregnancy. It places the following constraints:
bullet No restrictions on availability are made during the first trimester (three months) of a woman’s pregnancy.
bullet Because of increased risks to a woman’s health during the second trimester, the state may regulate the abortion procedure only “in ways that are reasonably related to maternal health.”
bullet In the third and final trimester, since the rate of viability (live birth) is markedly greater than in the first two trimesters, the state can restrict or even prohibit abortions as it chooses, “except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.”
Originally brought to challenge a Texas law prohibiting abortions, the decision disallows a host of state and federal restrictions on abortion, and sparks an enormous controversy over the moral, religious, and legal viability of abortion that continues well into the 21st century. [ROE v. WADE, 410 US 113 (1973), 1/22/1973; CNN, 1/22/2003; National Abortion Federation, 2010] In a related case, Roe v. Bolton, the Court strikes down restrictions on facilities that can be used to provide abortions. The ruling leads to the establishment of so-called “abortion clinics.” [CBS News, 4/19/2007]

Entity Tags: Potter Stewart, Byron White, Lewis Powell, Harry Blackmun, William Rehnquist, US Supreme Court, William O. Douglas, Warren Burger, William Brennan, Thurgood Marshall

Timeline Tags: US Health Care, 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

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 Supreme Court rules in INS v. Chadha that Congress has no right to issue what it calls “legislative vetoes,” essentially provisions passed by Congress giving the executive branch specific powers but with Congress reserving the right to veto specific decisions by the executive branch if it does not approve of the decisions made by the executive. Congress had relied on such “legislative vetoes” for years to curb the expanding power of the president. The Court strikes down hundreds of these “legislative vetoes” throughout federal law. Congress quickly schedules hearings to decide how to respond to the Court’s ruling. White House attorney John Roberts (see September 29, 2005), a young, fast-rising conservative, is one of a team of lawyers assigned to review the administration’s upcoming testimony before Congress. Some of the lawyers want to push Congress to place independent agencies such as the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) under White House control—part of the evolving “unitary executive” theory of presidential power (see April 30, 1986). Roberts writes: “With respect to independent agencies… the time may be ripe to reconsider the existence of such entities, and take action to bring them back within the executive branch.… I agree that the time is ripe to reconsider the Constitutional anomaly of independent agencies… More timid souls may, however, desire to see this deleted as provocative.” [Savage, 2007, pp. 256-257]

Entity Tags: Reagan administration, Food and Drug Administration, Federal Trade Commission, John G. Roberts, Jr, US Supreme Court

Timeline Tags: Civil Liberties

Young White House attorney John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983), is selected to respond to a letter from retired Supreme Court Justice Arthur Goldberg. The former justice is commenting on the Reagan administration’s decision to unilaterally invade the tiny Caribbean island nation of Grenada. Goldberg wrote that President Reagan probably did violate the Constitution by sending troops to Grenada without Congressional approval, and in that sense has left himself open to impeachment. However, he added, the invasion had succeeded in establishing democracy in that nation. Therefore Reagan’s actions should be compared to those of President Abraham Lincoln during the Civil War, because, like Lincoln, he “acted in good faith and in the belief that this served our national interest” (see April 12 - July 1861). Drafting the letter for Reagan’s signature, Roberts thanks Goldberg for his defense of Reagan but insists that the invasion was perfectly legal. The president, Roberts writes, has “inherent authority in international affairs to defend American lives and interests and, as commander in chief, to use the military when necessary in discharging these responsibilities.” [Savage, 2007, pp. 257]

Entity Tags: Reagan administration, John G. Roberts, Jr, Arthur Goldberg, Ronald Reagan

Timeline Tags: Civil Liberties

Young conservative White House lawyer John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983 and October 1983), advises senior Reagan officials that the White House should challenge the 1978 Presidential Records Act. To Roberts’s mind, the law goes much too far in requiring that presidential papers be considered government property and should, with some exceptions, be released to the public 12 years after a president leaves office. The law infringes on the right of a president to keep information secret, Roberts argues. Later, he will argue that the 12-year rule is far too brief and, as it would “inhibit the free flow of candid advice and recommendations within the White House,” is unconstitutional. [Savage, 2007, pp. 258]

Entity Tags: Reagan administration, John G. Roberts, Jr, Presidential Records Act

Timeline Tags: Civil Liberties

Young conservative White House lawyer John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983 and October 1983), expands on his previous argument that the president’s papers and documents should remain secret and unavailable to the public (see February 13, 1984). Roberts writes that the Reagan administration should oppose a bill pending in Congress that would make the National Archives a separate agency, independent of the White House. Roberts writes that the “legislation could grant the archivist [the head of the National Archives] some independence from presidential control, with all the momentous constitutional consequences that would entail.” Others in the White House disagree with Roberts, and the administration does not oppose the bill. Roberts suggests that President Reagan attach a signing statement to the bill making it clear that Reagan has the power to fire the archivist if he/she tries to disobey the White House in releasing a presidential document. [Savage, 2007, pp. 258]

Entity Tags: National Archives and Records Administration, Reagan administration, John G. Roberts, Jr

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

The Reagan administration takes another step in attempting to “purge” the federal bureaucracy of those who disagree with its policies (see February 1981 and After). President Reagan issues an executive order requiring agencies to annually submit a cost-benefit analysis of their proposed new rules to the White House, giving administration officials the chance to object to, delay, and block regulations it opposes for ideological reasons. Reagan attorney Douglas Kmiec will later write that this scheme is a major part of the Reagan administration’s attempt to implement the “unitary executive” theory of executive power (see April 30, 1986). Kmiec will write that though White House objections have no legal weight because Congress has given the agencies the power to make rules by law, the White House often wins the argument anyway. [Savage, 2007, pp. 304-305]

Entity Tags: Douglas Kmiec, Reagan administration

Timeline Tags: Civil Liberties

Steven Calabresi joins the Justice Department. Calabresi is a young conservative lawyer who has clerked for appeals court Robert Bork, who failed to secure a position on the Supreme Court just months before (see July 1-October 23, 1987). Calabresi, a co-founder of the Federalist Society of conservative lawyers and judges, joins forces with another ambitious young Justice Department lawyer, John Harrison, and the two begin working to expand the power of the president. Calabresi and Harrison decide that an aggressive use of presidential signing statements can advance the president’s authority to the detriment of the legislative and judicial branches. Unfazed by a recent judicial rejection of just such signing statement usage (see 1984-1985), Calabresi and Harrison write a memo to Attorney General Edwin Meese advocating the issuing of more signing statements as part of a larger strategy to increase the president’s influence over the law. Calabresi and Harrison are interested in how what they call “activist judges” use the legislative history of a bill that became law to interpret that law’s meaning in subsequent judicial actions. The two lawyers believe that by issuing signing statements, the president can create a parallel record of presidential interpretations of potentially ambiguous laws to help guide judicial decisions. Meese approves of the idea, and in December has the West Publishing Company, which prints the US Code Congressional and Administration News, the standard collection of bills’ legislative history, begin including presidential signing statements in its publications. In 2007, author Charlie Savage will call Meese’s move “a major step in increasing the perceived legitimacy of the device.” [Savage, 2007, pp. 232] In 2007, Calabresi will say: “I initially thought of signing statements as presidential legislative history. I’ve subsequently come to think of them as being important vehicles by which presidents can control subordinates in the executive branch. They subsequently came to be important to the unitary executive [theory of presidential power].” [Savage, 2007, pp. 234]

Entity Tags: John Harrison, Charlie Savage, Federalist Society, West Publishing Company, US Department of Justice, Edwin Meese, Robert Bork, Steven Calabresi, US Supreme Court

Timeline Tags: Civil Liberties

Ralph Tarr, the acting head of the Justice Department’s Office of Legal Counsel, drafts a memo explaining how the White House has issued signing statements up until now (see August 23, 1985 - December 1985), and makes recommendations on how to improve the process. Tarr, acting at the behest of an aide to Attorney General Edwin Meese, issues what author Charlie Savage will call “a prescient seven-page manifesto.” Tarr writes that signing statements are “presently underutilized and could become far more important as a tool of presidential management of the agencies, a device for preserving issues of importance in the ongoing struggle for power with Congress, and an aid to statutory interpretation for the courts.” Tarr writes that signing statements have the potential to be used as a threat “with which to negotiate concessions from Congress.” The statements can also be used to tell executive branch agencies how to interpret a law: “The president can direct agencies to ignore unconstitutional provisions or to read provisions in a way that eliminates constitutional or policy problems. This direction permits the president to seize the initiative in creating what will eventually be the agency’s interpretation.” [Savage, 2007, pp. 232-233]

Entity Tags: Edwin Meese, Charlie Savage, Ralph Tarr, Reagan administration, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Soliman Biheiri.Soliman Biheiri. [Source: US Immigrations and Customs]BMI Inc., a real estate investment firm based in Secaucus, New Jersey, is formed in 1986. Former counterterrorism “tsar” Richard Clarke will state in 2003, “While BMI [has] held itself out publicly as a financial services provider for Muslims in the United States, its investor list suggests the possibility this facade was just a cover to conceal terrorist support. BMI’s investor list reads like a who’s who of designated terrorists and Islamic extremists.” Investors in BMI include: [US Congress, 10/22/2003]
bullet Soliman Biheiri. He is the head of BMI for the duration of the company’s existence. US prosecutors will later call him the US banker for the Muslim Brotherhood, a banned Egyptian militant group. Biheiri’s computer will eventually be searched and found to have contact information for Ghaleb Himmat and Youssef Nada, leaders of the Al Taqwa Bank, which is founded two years after BMI (see 1988). After 9/11, the US and UN will designate both Himmat and Nada and the Al Taqwa Bank as terrorist financiers, and the bank will be shut down (see November 7, 2001). US prosecutors say there are other ties between BMI and Al Taqwa, including financial transactions. Biheiri also has close ties with Yousuf Abdullah Al-Qaradawi. Qaradawi is said to be a high-ranking member of the Muslim Brotherhood, a shareholder in Al Taqwa, and has made statements supporting suicide bombings against Israel. In 2003, US investigators will accuse Biheiri of ties to terrorist financing. He will be convicted of immigration violations and lying to a federal agent (see June 15, 2003). [Wall Street Journal, 9/15/2003; Forward, 10/17/2003] Biheiri will be convicted of immigration fraud in 2003 and then convicted of lying to federal investigators in 2004 (see June 15, 2003).
bullet Abdullah Awad bin Laden, a nephew of Osama bin Laden. He invests about a half-million dollars in BMI real estate ventures, earning a profit of $70,000. For most of the 1990s he runs the US branch of a Saudi charity called World Assembly of Muslim Youth (WAMY). He is investigated by the FBI in 1996 (see February-September 11, 1996), and WAMY will be raided by US agents in 2004 (see June 1, 2004). The raid is apparently part of a larger investigation into terrorism financing. In 2001, at least two of the 9/11 hijackers will live three blocks away from the WAMY office (see March 2001 and After). [Wall Street Journal, 9/15/2003; Washington Post, 4/19/2004]
bullet Nur and Iman bin Laden, two female relatives of Osama bin Laden. Abdullah Awad bin Laden will invest some of their money in a BMI real estate project. While their bin Laden family ties are intriguing, neither have been accused of any knowing connections to terrorist financing. [Washington Post, 4/19/2004]
bullet Mousa Abu Marzouk. He has identified himself as a top leader of Hamas. The US declares him a terrorist in 1995 (see July 5, 1995-May 1997). BMI makes at least two transactions with Marzouk after he is declared a terrorist. [Wall Street Journal, 9/15/2003]
bullet Yassin al-Qadi, a Saudi multimillionaire. His lawyers will later claim he has no terrorism ties and had only a passing involvement with BMI and liquidated his investment in it in 1996. However, another company operating from the same office as BMI is called Kadi International Inc. and lists its president as al-Qadi. Al-Qadi is also a major investor in the suspect computer company Ptech (see 1994; 1999-After October 12, 2001). Al-Qadi and BMI head Biheiri have financial dealings with Yaqub Mirza, a Pakistani who manages a group of Islamic charities in Virginia known as the SAAR network (see July 29, 1983). These charities will be raided in March 2002 on suspicions of terrorism ties (see March 20, 2002). Shortly after 9/11, the US will officially declare al-Qadi a terrorist financier (see October 12, 2001). [Wall Street Journal, 9/15/2003]
bullet Saleh Kamel. BMI allegedly receives a $500,000 investment from the Dallah Al-Baraka banking conglomerate, which is headed by Kamel. For many years before 9/11, Omar al-Bayoumi, an associate of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, will receive a salary from Dallah, despite apparently doing no work. Some will accuse al-Bayoumi of involvement in funding the 9/11 plot, but that remains to been proven (see August 1994-July 2001). Kamel reportedly founded a Sudanese Islamic bank which housed accounts for senior al-Qaeda operatives. He is a multi-billionaire heavily involved in promoting Islam, and his name appears on the Golden Chain, a list of early al-Qaeda supporters (see 1988-1989). He denies supporting terrorism. [US Congress, 10/22/2003; Wall Street Journal, 6/21/2004]
bullet The Kuwait Finance House. According to Clarke, this organization is alleged to be a BMI investor and the “financial arm of the Muslim Brotherhood in Kuwait. Several al-Qaeda operatives have allegedly been associated with the Kuwaiti Muslim Brotherhood, including Khalid Shaikh Mohammed, Suliman abu Ghaith, Wadih El-Hage, and Ramzi Yousef.” In 2003, an apparent successor entity to the Kuwait Finance House will be designated as a terrorist entity by the US. A lawyer for the Kuwait Finance House will later say the bank has never let its accounts be used for terrorism. [Wall Street Journal, 9/15/2003; US Congress, 10/22/2003; Wall Street Journal, 4/20/2005]
bullet Tarek Swaidan. He is a Kuwaiti, an associate of al-Qadi, and a leading member of the Kuwaiti branch of the Muslim Brotherhood. It is unknown if he has made any denials about his alleged associations. [Wall Street Journal, 9/15/2003]
bullet Abdurahman Alamoudi. For many years he runs the American Muslim Council, a lobby group founded by a top Muslim Brotherhood figure. US prosecutors say he also is in the Brotherhood, and has alleged ties to Hamas. In 2004, the US will sentence him to 23 years in prison for illegal dealings with Libya (see October 15, 2004). [Wall Street Journal, 6/21/2004; Washington Post, 10/16/2004]
bullet The International Islamic Relief Organization (IIRO) and the Muslim World League, closely connected Saudi charities suspected of financing terrorism. They give BMI $3.7 million out of a $10 million endowment from unknown Saudi donors. The Financial Times will later note, “While it is not clear whether that money came from the Saudi government, [a 2003] affidavit quotes a CIA report that says the Muslim World League ‘is largely financed by the government of Saudi Arabia.’” Both organizations consistently deny any support of terrorism financing, but in early 2006 it will be reported that US officials continue to suspect them of such support (see January 15, 2006). [Financial Times, 8/21/2003] In 1992, a branch of the IIRO gives $2.1 million to BMI Inc. to invest in real estate. The money disappears from BMI’s books. In October 1999, BMI goes defunct after it is unable to repay this money to the IIRO branch. The IIRO branch gives BMI the rest of the $3.7 million between 1992 and 1998. BMI will use the money to buy real estate (see 1992). Eventually, some of this money will be given to Hamas operatives in the West Bank and spent on violent actions against Israel. This will eventually lead to legal action in the US and a seizure of some of the money. [Wall Street Journal, 11/26/2002; Washington Post, 8/20/2003; Washington Times, 3/26/2004; Washington Post, 4/19/2004] By 1992, BMI has projected revenues in excess of $25 million, based largely on their real estate investments in the US. [US Congress, 10/22/2003] In early 1999, months before BMI goes defunct, the FBI hears evidence potentially tying BMI to the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), but an investigation into this will not be pursued (see Early 1999). It should be noted that BMI had many investors, and presumably most BMI investors would have had no suspicions that their money might be used to fund terrorism or other types of violence.

Entity Tags: Iman bin Laden, International Islamic Relief Organization, Muslim World League, Kuwait Finance House, Nur bin Laden, Mousa Abu Marzouk, Abdurahman Alamoudi, Richard A. Clarke, Soliman Biheiri, Abdullah Awad bin Laden, Yousuf Abdullah Al-Qaradawi, Tarek Swaidan, Yassin al-Qadi, Saleh Abdullah Kamel

Timeline Tags: Complete 911 Timeline

Justice Department lawyer Samuel Alito, a member of the department’s Litigation Strategy Working Group, writes a memo advocating the creation of a pilot project designed to increase the frequency and impact of presidential signing statements (see August 23, 1985 - December 1985 and October 1985). The rationale is to use signing statements to “increase the power of the executive to shape the law.” Alito focuses on the use of signing statements to parallel the legislative history of a bill, a relatively modest view, but still recognizes the potentially revolutionary nature of the idea. He writes that signing statements must be used incrementally, so as not to draw undue attention from civil libertarians and key Congressional members. “[D]ue to the novelty of the procedure and the potential increase of presidential power,” he writes, “[C]ongress is likely to resent the fact that the president will get the last word on questions of interpretation.” Alito suggests that President Reagan begin issuing signing statements only on bills affecting the Justice Department, and later issue such statements for bills that affect other areas of the federal government. “As an introductory step, our interpretative statements should be of moderate size and scope,” he writes. “Only relatively important questions should be addressed. We should concentrate on points of true ambiguity, rather than issuing interpretations that may seem to conflict with those of Congress. The first step will be to convince the courts that presidential signing statements are valuable interpretive tools.” President Reagan will issue signing statements that challenge, interpret, or actually rewrite 95 sections of bills, far more than any other president. His successor, George H. W. Bush, will challenge 232 sections of bills. [Savage, 2007, pp. 233-234]

Entity Tags: Litigation Strategy Working Group, George Herbert Walker Bush, Samuel Alito, US Department of Justice, Ronald Reagan

Timeline Tags: Civil Liberties

Edwin Meese.Edwin Meese. [Source: GQ (.com)]Attorney General Edwin Meese receives a report, “Separation of Powers: Legislative-Executive Relations.” Meese had commissioned the report from the Justice Department’s Domestic Policy Committee, an internal “think tank” staffed with hardline conservative scholars and policy advisers.
Recommendations for Restoring, Expanding Executive Power - The Meese report approvingly notes that “the strong leadership of President Reagan seems clearly to have ended the congressional resurgence of the 1970s.” It lays out recommendations for restoring the power taken from the executive branch after Watergate and Vietnam, and adding new powers besides. It recommends that the White House refuse to enforce laws and statutes that “unconstitutionally encroach upon the executive branch,” and for Reagan to veto more legislation and to use “signing statements” to state the White House’s position on newly passed laws. It also assails the 1972 War Powers Resolution and other laws that limit presidential power.
Reinterpreting the Separation of Powers and the Concept of 'Checks and Balances' - Perhaps most importantly, the Meese report claims that for 200 years, courts and scholars alike have misunderstood and misinterpreted the Founders’ intentions in positing the “separation of powers” system (see 1787 and 1793). The belief that the Constitution mandates three separate, co-equal branches of government—executive, judicial, and legislative—who wield overlapping areas of authority and work to keep each of the other branches from usurping too much power—a concept taught in school as “checks and balances”—is wrong, the report asserts. Instead, each branch has separate and independent sets of powers, and none of the three branches may tread or encroach on the others’ area of responsibility and authority. “The only ‘sharing of power’ is the sharing of the sum of all national government power,” the report claims. “But that is not joint shared, it is explicitly divided among the three branches.” According to the report, the White House should exercise total and unchallenged control of the executive branch, which, as reporter and author Charlie Savage will later explain, “could be conceived of as a unitary being with the president as its brain.” The concept of “checks and balances” is nothing more than an unconstitutional attempt by Congress to encroach on the rightful power of the executive. This theory of presidential function will soon be dubbed the “unitary executive theory,” a title adapted from a passage by Alexander Hamilton in the Federalist Papers. [Savage, 2007, pp. 47-48] Charles Fried, Reagan’s solicitor general during the second term, will later write that though the unitary executive theory displays “perfect logic” and a “beautiful symmetry,” it is difficult to defend, because it “is not literally compelled by the words of the Constitution. Nor did the framers’ intent compel this view.” [Savage, 2007, pp. 50]

Entity Tags: Charles Fried, Reagan administration, Domestic Policy Committee, US Department of Justice, Ronald Reagan, Edwin Meese, Charlie Savage

Timeline Tags: Civil Liberties

Antonin Scalia.Antonin Scalia. [Source: Oyez.org]Appeals court judge Antonin Scalia is sworn in as an Associate Justice of the US Supreme Court. [Legal Information Institute, 7/30/2007] Although Scalia is an ardent social conservative, with strongly negative views on such issues as abortion and homosexual rights, Scalia and Reagan administration officials both have consistently refused to answer questions about his positions on these issues, as President Reagan did at his June announcement of Scalia’s nomination. [Ronald Reagan Presidential Library, 6/17/1986] Scalia’s nomination is, in the words of Justice Department official Terry Eastland, “no better example of how a president should work in an institutional sense in choosing a nominee….” Eastland advocates the practice of a president seeking a judiciary nominee who has the proper “judicial philosophy.” A president can “influence the direction of the courts through his appointments” because “the judiciary has become more significant in our politics,” meaning Republican politics. [Dean, 2007, pp. 132] Scalia is the product of a careful search by Attorney General Edwin Meese and a team of Justice Department officials who wanted to find the nominee who would most closely mirror Reagan’s judicial and political philosophy (see 1985-1986).

Entity Tags: Ronald Reagan, Edwin Meese, Antonin Scalia, Terry Eastland, US Department of Justice

Timeline Tags: Civil Liberties

Robert Bork.Robert Bork. [Source: National Constitution Center]The controversial nomination of conservative judge Robert Bork to the Supreme Court is defeated in the US Senate. Bork is denied a seat on the Court in a 58-42 vote, because his views are thought to be extremist and even some Republicans vote against him.
'Right-Wing Zealot' - Bork, nominated by President Reagan as one of the sitting judges who most completely reflects Reagan’s judiciary philosophy (see 1985-1986), is characterized even by administration officials as a “right-wing zealot.” Reagan also wants a nominee to placate the hard right over their disaffection caused by the brewing Iran-Contra scandal. However, to make him more palatable for the majority of Americans, Reagan officials attempt to repackage Bork as a moderate conservative. Senate Judiciary Committee member Edward Kennedy (D-MA) attacks Bork’s political philosophy, saying before the committee hearings: “[In Bork’s America] women would be forced into back alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is the—and is often the only—protector of the individual rights that are the heart of our democracy.… No justice would be better than this injustice.” Kennedy’s words provoke complaint, but the characterization of Bork is based on his lengthy record of court verdicts and his large body of judicial writings.
Racial Equality Issues - Although there is no evidence to suggest that Bork is himself a racist, former Nixon White House counsel John Dean will write that “his positions on civil rights were an anathema to all who cared about equality in America.” Constitutional law professor Herman Schwartz will write in 2004, “Bork condemned the Fourteenth Amendment’s Equal Protection Clause decisions outlawing the poll tax (to him it was just ‘a very small tax’), the decision establishing the one-person, one-vote principle, abolishing school segregation in the District of Columbia, barring courts from enforcing racially restrictive housing covenants, preventing a state from sterilizing certain criminals or interfering with the right to travel, and prohibiting discrimination against out-of-wedlock children…. Bork’s hostility to governmental action on behalf of minorities did not stop with his critique of court action. In 1963 he criticized a section of the proposed Civil Rights Act of 1964 that required white businesses to serve blacks as resting on a principle of ‘unsurpassed ugliness.’”
Ready to Fight - The Reagan administration understands that Bork’s nomination is opposed; on July 1, the day of his announced nomination, the media reports that Reagan will try to ensure Bork’s confirmation by waging an “active campaign.” Even Senate-savvy James Baker, Reagan’s chief of staff, is uncertain about Bork’s chances at being confirmed, and further worries that even if Bork wins the fight, the cost to Reagan’s political capital will be too high.
His Own Worst Enemy - Conservatives Justice Department official Terry Eastland will later say Senate Democrats sabotage Bork’s chances at faring well in the confirmation hearings, even positioning his table to ensure the least favorable angles for Bork on television. However, the public’s opinion of Bork is unfavorable, and Dean will write: “[I]t was not the position of his chair in the hearing room that made Bork look bad, but rather his arrogance, his hubris, and his occasional cold-bloodedness, not to mention his equivocations and occasional ‘confirmation conversions,’ where he did what no one else could do. He made himself a terrible witness who did not appear to be truthful.” The confirmation conversions even surprise some of his supporters, as Bork abandons his previous stances that the First Amendment only applies to political speech, and the Fourteenth Amendment’s equal protection clause does not apply to women. The Senate Judiciary Committee passes Bork’s nomination along to the full Senate, where Bork is defeated 58-42.
The Verb 'To Bork' - In 2007, Dean will write, “Bork’s defeat made him both a martyr and a verb,” and quotes conservative pundit William Safire as writing that “to bork” someone means to viciously attack a political figure, particularly by misrepresenting that figure in the media. [Dean, 2007, pp. 137-143]

Entity Tags: Herman Schwartz, US Department of Justice, Gregory Peck, Edward M. (“Ted”) Kennedy, US Supreme Court, William Safire, Ronald Reagan, James A. Baker, Senate Judiciary Committee, Terry Eastland, Robert Bork, John Dean

Timeline Tags: Civil Liberties

A federal appeals court rules 2-1 in favor of Theodore Olson, the former head of the Justice Department’s Office of Legal Counsel, who has refused to comply with a subpoena issued as part of an independent counsel’s investigation into political interference at the Environmental Protection Agency (EPA). Olson’s position is that the independent counsel is illegal under the Constitution, as interpreted by the so-called “unitary executive theory” (see April 30, 1986). One of the appellate court judges, Carter appointee Ruth Bader Ginsberg, argues that the independent counsel law is perfectly constitutional, and fits with the Founding Fathers’ vision of a system of “checks and balances” among the three governmental branches. But Reagan appointees Laurence Silberman and Stephen Williams outvote Ginsberg. Silberman, who writes the majority opinion, is a longtime advocate of increased executive power, and calls the independent counsel law “inconsistent with the doctrine of a unitary executive.” The Supreme Court will strike down Silberman’s ruling (see June 1988), but the independent counsel will not bring charges against Olson. [Savage, 2007, pp. 46-49]

Entity Tags: Office of Legal Counsel (DOJ), Environmental Protection Agency, Laurence Silberman, Stephen Williams, Theodore (“Ted”) Olson, US Supreme Court, Ruth Bader Ginsberg

Timeline Tags: Civil Liberties

The newly appointed general counsels of each executive branch receive a memo from William Barr, the new head of the Justice Department’s Office of Legal Counsel (OLC). The memo, entitled “Common Legislative Encroachments on Executive Branch Authority,” details the top 10 ways in which, in Barr’s view, Congress tries to interfere with executive branch powers. The list includes:
bullet “4. Micromanagement of the Executive Branch”;
bullet “5. Attempts to Gain Access to Sensitive Executive Branch Information”;
bullet “9. Attempts to Restrict the President’s Foreign Affairs Powers.”
The memo unequivocally endorses the “unitary executive theory” of the presidency (see April 30, 1986), despite that theory’s complete rejection by the Supreme Court (see June 1988). Barr also reiterates the belief that the Constitution requires the executive branch to “speak with one voice”—the president’s—and tells the general counsels to watch for any legislation that would protect executive branch officials from being fired at will by the president, one of the powers that Barr and other unitary executive proponents believe has been illegally taken by Congress. “Only by consistently and forcefully resisting such congressional incursions can executive branch prerogatives be preserved,” Barr writes. Reflecting on Barr’s arguments, law professor Neil Kinkopf, who will later serve in the OLC under President Clinton, will later write: “Never before had the Office of Legal Counsel… publicly articulated a policy of resisting Congress. The Barr memo did so with belligerence, staking out an expansive view of presidential power while asserting positions that contradicted recent Supreme Court precedent. Rather than fade away as ill-conceived and legally dubious, however, the memo’s ideas persisted and evolved within the Republican Party and conservative legal circles like the Federalist Society.” [Savage, 2007, pp. 57-59]

Entity Tags: Federalist Society, Neil Kinkopf, US Department of Justice, William P. Barr, Office of Legal Counsel (DOJ), Republican Party

Timeline Tags: Civil Liberties

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

Hambali, an important future al-Qaeda leader, moves to the village of Sungai Manggis, Malaysia, about an hour north of the capital of Kuala Lumpur. Hambali is from nearby Indonesia and fought in Afghanistan with Osama bin Laden in the late 1980s. He starts off poor, working at odd jobs, but soon is frequently traveling and has many overseas visitors. Intriguingly, Hambali’s landlord will later say of Hambali’s visitors, “Some looked Arab and others white.” Hambali plays a major role in the 1995 Bojinka plot in the Philippines (see January 6, 1995), and after that plot is foiled he continues to live in his simple Sungai Manggis house. [Time, 4/1/2002; Los Angeles Times, 9/1/2002] Living near Hambali in this village are other regional Islamist militant leaders such as Abdullah Sungkar, Imam Samudra (allegedly a key figure in the 2000 Christmas bombings (see December 24-30, 2000) and the 2002 Bali bombings (see October 12, 2002)), Abu Bakar Bashir, the spiritual leader of the al-Qaeda affiliate Jemaah Islamiyah, and Abu Jibril. So many militants live in this village that it becomes known as “Terror HQ” to intelligence agencies. Sungkar and Bashir are considered the two most well-known militant leaders in Southeast Asia at the time (Sungkar dies of old age in 1999). Hambali’s house is directly across from Bashir’s and they are considered friends. [Tempo, 10/29/2002; Ressa, 2003] Interestingly, Fauzi Hasbi, an Indonesian government mole posing as a militant leader, lives next door to Bashir as well. [SBS Dateline, 10/12/2005] Despite his role in the Bojinka plot, Hambali continues to live there very openly. Beginning in March 1995, just two months after the plot was foiled, Hambali throws his first feast for several hundred guests to mark a Muslim holiday. This becomes an annual party. He also sometimes travels to Indonesia. [Time, 4/1/2002] By May 1999, if not earlier, the FBI connects Hambali to the Bojinka plot (see May 23, 1999). In January 2000, he attends a key al-Qaeda summit in nearby Kuala Lumpur. The CIA gets pictures and video footage of him at the meeting and already has pictures of him from a computer linked to the Bojinka plot (see January 5-8, 2000 and January 5, 2000). However, there is no apparent effort to apprehend him, extradite him, or even put him on a public wanted list. He continues to live in Sungai Manggis until at least late 2000. [Conboy, 2003]

Entity Tags: Fauzi Hasbi, Abu Bakar Bashir, Hambali, Abdullah Sungkar, Jemaah Islamiyah, Abu Jibril, Imam Samudra

Timeline Tags: Complete 911 Timeline

In an unusually fiery speech, President George H. W. Bush tells an audience at Princeton University that he does not hold with Congressional attempts to limit presidential power. “The most common challenge to presidential powers comes from a predictable source,” he says, “the United States Congress.” Bush accuses lawmakers of trying to “micromanage” executive branch decisions, particularly in foreign policy (see July 27, 1989). He denounces Congress for attempting to, in his view, accumulate power at the expense of the executive branch by making excessive and unwarranted demands for information, and by “writing too-specific directions for carrying out a particular law.” Six of the 20 vetoes he has cast were to defend the presidency against such meddling, he asserts. And he criticizes Congress for passing bills containing indefensible earmarks and spending provisions; to curb such excesses, he demands a line-item veto. But he tempers his remarks: “The great joy and challenge of the office I occupy,” he concludes, “is that the president serves, not just as the unitary executive (see April 30, 1986), but hopefully as a unifying executive.” [Savage, 2007, pp. 59]

Entity Tags: George Herbert Walker Bush

Timeline Tags: Civil Liberties

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

Clarence Thomas survives the Senate hearings to join the Supreme Court.Clarence Thomas survives the Senate hearings to join the Supreme Court. [Source: PBS]The full Senate votes to confirm Clarence Thomas (see July 2-August 28, 1991, October 8, 1991, and October 11-12, 1991) on a 52-48 vote, the lowest margin of victory by any Supreme Court nominee in US history. It is possible that some senators’ votes are influenced by a wash of “fast-action” polls reported by the White House, purporting to show that African-Americans overwhelmingly support Thomas, and a majority of citizens support Thomas’s confirmation. A year later, analysis proves those polls to be completely wrong. [Thomas Hearings Website, 8/1997; Dean, 2007, pp. 146-153] In 1992, Senator Joseph Biden (D-DE), a member of the Senate Judiciary Committee, will say: “That last hearing was not about Clarence Thomas. It was not about Anita Hill. It was about a massive power struggle going on in this country, a power struggle between women and men, and a power struggle between minoritites and the majority.” [Thomas Hearings Website, 8/1997]

Entity Tags: US Supreme Court, Joseph Biden, Bush administration (41), Clarence Thomas, Senate Judiciary Committee

Timeline Tags: Civil Liberties

Author Terry Eastland, the editor of Forbes Media Critic and a fellow with the Ethics and Public Policy Center, publishes Energy in the Executive: The Case for the Strong Presidency. The book makes an impassioned case for the “unitary executive” theory of the presidency (see April 30, 1986). In essence, Eastland’s argument is that a strong presidency, combined with a much diluted Congress and Supreme Court, is the best way for conservatives to achieve their aims. While traditional conservatives tend to reject this theory as unacceptably authoritarian, many others on the right—neoconservatives, social conservatives, the religious right, and other groups—have embraced the concept. Author and former Nixon White House counsel John Dean will call Eastland’s arguments “weak… deeply flawed as history and constitutional law, and closer to cheerleading for presidential hubris, excessive secrecy, and monarchical-like authority than a solid justification for a strong presidency.” [Dean, 2007, pp. 100-106]

Entity Tags: John Dean, Terry Eastland

Timeline Tags: Civil Liberties

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

Mahmud Abouhalima.Mahmud Abouhalima. [Source: Agence France-Presse]Mahmud Abouhalima is arrested for his role in the February 1993 WTC bombing. He meets with US investigators without his lawyer and provides a detailed account of the Al-Kifah Refugee Center, bin Laden’s main support base in the US in the early 1990s. He says that twice he turned to a Texas acquaintance named Wadih El-Hage to buy weapons for his associates. El-Hage, who turns out to be bin Laden’s personal secretary (see September 15, 1998), will later be caught and convicted of bombing the US embassies in Africa in 1998 (see 10:35-10:39 a.m., August 7, 1998). Abouhalima further recounts fighting in Afghanistan with the mujaheddin in the 1980s and tells of travelling to training camps with a Palestinian man named Mohammed Odeh. A Palestinian man with the name Mohammed Saddiq Odeh will later be convicted of a role in the 1998 embassy bombings as well. Abouhalima offers additional inside information about the bomb plot and his associates in exchange for a lighter sentence. But, as the New York Times will later note, prosecutors turn down the offer “for reasons that remain unclear.” Abouhalima is later found guilty and sentenced to life in prison. [New York Times, 10/22/1998]

Entity Tags: Mohammed Saddiq Odeh, Wadih El-Hage, Mahmud Abouhalima

Timeline Tags: Complete 911 Timeline

Essam Marzouk.Essam Marzouk. [Source: FBI]US-al-Qaeda double agent Ali Mohamed is detained by the Royal Canadian Mounted Police (RCMP) in Vancouver, British Columbia, after attempting to pick up a man named Essam Marzouk, who is carrying numerous false passports. The RCMP identifies Mohamed as a top al-Qaeda operative. Mohamed admits to it that he traveled to Vancouver to help Marzouk sneak into the US and admits working closely with Osama bin Laden. [San Francisco Chronicle, 11/4/2001; Globe and Mail, 11/22/2001; Wall Street Journal, 11/26/2001] After many hours of questioning, Mohamed tells the Canadian officials to call John Zent, his handler at the FBI. Zent confirms that Mohamed works for the FBI and asks them to release him. They do. [Lance, 2006, pp. 124] Mohamed is accompanied by fellow al-Qaeda operative Khaled Abu el-Dahab (see 1987-1998), who brings $3,000 sent by bin Laden to pay for Marzouk’s bail. Marzouk had run one of bin Laden’s training camps in Afghanistan and was an active member of the al-Qaeda allied group Islamic Jihad at the time. However, Canadian intelligence apparently is unaware of his past. Marzouk will spend almost a year in detention. But then, again with the help of another visit to Canada by Mohamed, Marzouk will be released and allowed to live in Canada (see June 16, 1993-February 1998). He later will help train the bombers who carry out the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [Globe and Mail, 11/22/2001; National Post, 11/26/2005] Jack Cloonan, an FBI agent who later investigates Mohamed, will say: “I don’t think you have to be an agent who has worked terrorism all your life to realize something is terribly amiss here. What was the follow up? It just sort of seems like [this incident] dies.” [Lance, 2006, pp. 125]

Entity Tags: Royal Canadian Mounted Police, John Zent, Osama bin Laden, Jack Cloonan, Khaled Abu el-Dahab, Essam Marzouk, Ali Mohamed, Federal Bureau of Investigation, Canadian Security Intelligence Service

Timeline Tags: Complete 911 Timeline

Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb.Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb. [Source: National Geographic]Eight people are arrested, foiling a plot to bomb several New York City landmarks. The targets were the United Nations building, 26 Federal Plaza, and the Lincoln and Holland tunnels. This is known as the “Landmarks” or “Day of Terror” plot. The plotters are connected to Ramzi Yousef and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. If the bombing, planned for later in the year, had been successful, thousands would have died. An FBI informant named Emad Salem had infiltrated the group, gathering information that leads to arrests of the plotters (see April 23, 1993). [US Congress, 7/24/2003] Abdul-Rahman will eventually be sentenced to life in prison for a role in the plot. Nine others will be given long prison terms, including Ibrahim El-Gabrowny and Clement Rodney Hampton-El. [New York Times, 1/18/1996] Siddig Siddig Ali, who was possibly the main force behind the plot (see April 23, 1993), will eventually be sentenced to only 11 years in prison because he agreed to provide evidence on the other suspects [New York Times, 10/16/1999]

Entity Tags: Ramzi Yousef, Siddig Siddig Ali, Ibrahim El-Gabrowny, Clement Rodney Hampton-El, Emad Salem, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

In late 1993, bin Laden asks Ali Mohamed to scout out possible US, British, French, and Israeli targets in Nairobi, Kenya. Mohamed will later confess that in December 1993, “I took pictures, drew diagrams and wrote a report.” Then he travels to Sudan, where bin Laden and his top advisers review Mohamed’s work. In 1994, Mohamed claims that “bin Laden look[s] at a picture of the American Embassy and point[s] to where a truck could go as a suicide bomber.” A truck will follow bin Laden’s directions and crash into the embassy in 1998. Mohamed seems to spend considerable time in Nairobi working with the cell he set up there and conducting more surveillance. He also is sent to the East African nation of Djibouti to scout targets there, and is asked to scout targets in the West African nation of Senegal. [Los Angeles Times, 10/21/2000; Chicago Tribune, 12/11/2001; LA Weekly, 5/24/2002; 9/11 Commission, 6/16/2004] Much of his work seems to be done together with Anas al-Liby, a top al-Qaeda leader with a mysterious link to Western intelligence agencies similar to Mohamed’s. In 1996, British intelligence will pay al-Liby to assassinate Libyan leader Colonel Mu’ammar al-Qadhafi (see 1996), and then will let him live openly in Britain until 2000 (see Late 1995-May 2000). Al-Liby is said to be a “computer wizard” known for “working closely” with Mohamed. [New York Times, 2/13/2001; New York Times, 4/5/2001] L’Houssaine Kherchtou, an al-Qaeda member who later turns witness for a US trial (see September 2000), was trained in surveillance techniques in Pakistan by Mohamed in 1992. Kherchtou will claim he later comes across Mohamed in 1994 in Nairobi. Mohamed, Anas al-Liby, and a relative of al-Liby’s use Kherchtou’s apartment for surveillance work. Kherchtou sees al-Liby with a camera about 500 meters from the US embassy. [Washington File, 2/22/2001] Mohamed returns to the US near the end of 1994 after an FBI agent phones him in Nairobi and asks to speak to him about an upcoming trial. [Washington File, 2/22/2001]

Entity Tags: Ali Mohamed, L’Houssaine Kherchtou, Anas al-Liby, Federal Bureau of Investigation, Osama bin Laden

Timeline Tags: Complete 911 Timeline

MILF forces on parade in Camp Abubakar, February 1999.MILF forces on parade in Camp Abubakar, February 1999. [Source: Romeo Gacad / AFP / Getty Images]The Moro Islamic Liberation Front (MILF), a large Philippine militant group, sets up a major training camp with al-Qaeda help. According to Philippine investigators, a sprawling complex and set of camps known as Camp Abubakar is built this year in a remote part of the southern island of Mindanao. One camp within the complex called Camp Palestine trains Arabs exclusively. Another is Camp Hodeibia, and is used by Jemaah Islamiyah, the al-Qaeda-linked group based in Indonesia. [Ressa, 2003] Al-Qaeda leader Abu Zubaida is said to send al-Qaeda operative Omar al-Faruq with one other al-Qaeda camp instructor to help recruit and train in these camps. Al-Faruq will remain the head of al-Qaeda’s operations in Southeast Asia until his capture in 2002 (see June 5, 2002). [Time, 9/15/2002; CNN, 10/28/2002] Philipppine officials will claim that over the next few years Camp Abubakar continues to grow and over twenty other MILF camps are used and supported by al-Qaeda operatives (see February 1999). The Philippine military will raze Camp Abubakar during a brief offensive against the MILF in 2000, but the camp will be quickly rebuilt and still be used to train foreign militants. [Ressa, 2003] The Philippine government has had a series of negotiations, cease fires, and peace treaties with the MILF. The MILF has generally denied ties to al-Qaeda, but in 1999 the head of the MILF will say his group had received non-military aid from bin Laden (see February 1999). In 2003, President Bush will pledge $30 million to MILF regions of the Philippines to promote a new peace treaty with the group. [Asia Times, 10/30/2003]

Entity Tags: Moro Islamic Liberation Front, Abu Zubaida, Al-Qaeda, Jemaah Islamiyah, Omar al-Faruq

Timeline Tags: Complete 911 Timeline

A young Indonesian nicknamed Hambali forms a front company that ties al-Qaeda figures to the Bojinka plot (see January 6, 1995), an early version of the 9/11 plot. Hambali had fought in Afghanistan in the late 1980’s, repeatedly met with bin Laden there, and allied himself to bin Laden’s cause. In 1994, Hambali, living in a village north of Kuala Lumpur, Malaysia, began frequently receiving visitors. According to his landlord, “Some looked Arab and others white.” There has been no explanation who these “white” visitors may have been. Hambali had been very poor prior to this time, but he is suddenly “flush with newfound cash” brought by the visitors. In June 1994, he founds a front company called Konsonjaya with Wali Khan Amin Shah, a key Bojinka plotter, and both their names are listed on the eight-person board of directors. Shah fought with bin Laden in Afghanistan, and bin Laden will even admit knowing him and praise him in an 1998 interview (see May 28, 1998). Philippine police phone taps show that frequent calls are made from the Konsonjaya offices in Malaysia to the Philippines offices of Mohammed Jamal Khalifa, bin Laden’s brother-in-law who is also believed to be part of the Bojinka plot (see 1994). [Time, 4/1/2002] A Malaysian official will later say that Hambali spends time in the Philippines with Shah and bomber Ramzi Yousef in 1994 as they plan the Bojinka plot. [Washington Post, 2/3/2002] Mohammed Amin al-Ghafari, another Konsonjaya director, makes frequent trips from Malaysia to the Philippines while planning for the Bojinka plot is under way, and he is later believed to play a key role in financing the plot. In early 1995, after the Bojinka plot is broken up, one of the arrested Bojinka plotters will confess to Konsonjaya’s role in the plot (see February-Early May 1995) and a Philippine investigator’s flow chart of the Bojinka plotters and their connections will prominently include Konsonjaya (see Spring 1995). However, neither the Philippine nor US government appears interested in capturing Hambali, al-Ghafari, or the others involved in Konsonjaya before 9/11. [Los Angeles Times, 6/24/2002; Contemporary Southeast Asia, 12/1/2002] Hambali will continue to live openly in Malaysia, even throwing a party every year for hundreds of people (see April 1991-Late 2000). He will go on to plan other al-Qaeda attacks and will attend a key planning meeting for the 9/11 plot in 2000 (see January 5-8, 2000). [Time, 4/1/2002] Al-Ghafari will finally be deported in 2002 after years of police protection (see October 8-November 8, 2002).

Entity Tags: Wali Khan Amin Shah, Ramzi Yousef, Mohammed Amin al-Ghafari, Konsonjaya, Hambali, Mohammed Jamal Khalifa, Operation Bojinka

Timeline Tags: Complete 911 Timeline

The US Senate ratifies the international Convention Against Torture, originally proposed by the United Nations in 1985. The treaty bans any officials from signatory nations from inflicting “torture and other cruel, inhuman, or degrading treatment or punishment” on prisoners in order to gain information. It also establishes the UN Committee against Torture (UNCAT). The ban is absolute and cannot be waived: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of torture.” [United Nations High Commissioner for Human Rights, 12/10/1984; Savage, 2007, pp. 155] The treaty also forbids signatory nations from sending detainees to other countries if there is a reasonable expectation that they may be tortured. [United Nations High Commissioner for Human Rights, 12/10/1984; Human Rights Web, 1/25/1997]

Entity Tags: United Nations Committee against Torture, Convention Against Torture, United Nations

Timeline Tags: Civil Liberties

According to Le Figaro, in the wake of the 1998 US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998), FBI investigators will discover that the explosives used in the bombings came from the US Army. These explosives are delivered this year to mujaheddin. It has not been reported who exactly gave the explosives to whom, nor for what use they were originally intended. Double agent Ali Mohamed was in the Army Reserves until about this year and had a history of stealing from the Army, but it is not known if he was involved in this incident. [Le Figaro (Paris), 10/31/2001]

Timeline Tags: Complete 911 Timeline

One of Ramzi Yousef’s timers seized by Philippines police in January 1995.One of Ramzi Yousef’s timers seized by Philippines police in January 1995. [Source: Peter Lance]Responding to an apartment fire, Philippine investigators uncover an al-Qaeda plot to assassinate the Pope that is scheduled to take place when he visits the Philippines one week later. While investigating that scheme, they also uncover Operation Bojinka, planned by the same people: 1993 WTC bomber Ramzi Yousef and 9/11 mastermind Khalid Shaikh Mohammed (KSM). [Independent, 6/6/2002; Los Angeles Times, 6/24/2002; Los Angeles Times, 9/1/2002] Many initial reports after 9/11 will claim the fire was accidental and the police discovery of it was a lucky break, but in 2002 the Los Angeles Times will report that the police started the fire on purpose as an excuse to look around the apartment. In the course of investigating the fire, one of the main plotters, Abdul Hakim Murad, is arrested. [Los Angeles Times, 9/1/2002] The plot has two main components. On January 12, Pope John Paul II is scheduled to visit Manila and stay for five days. A series of bombs along his parade route would be detonated by remote control, killing thousands, including the Pope. Yousef’s apartment is only 500 feet from the residence where the Pope will be staying. [Reeve, 1999, pp. 78; Lance, 2006, pp. 138] Then, starting January 21, a series of bombs would be placed on airplanes. [Insight, 5/27/2002] Five men, Yousef, Wali Khan Amin Shah, Abdul Hakim Murad, Abd al-Karim Yousef (a.k.a., Adel Anon, Yousef’s twin brother), and Khalid Al-Shaikh (thought to be an alias for KSM) would depart to different Asian cities and place a timed bomb on board during the first leg of passenger planes traveling to Los Angeles, San Francisco, Honolulu, and New York. They would then transfer to another flight and place a second bomb on board that flight. In all, 11 to 12 planes would blow up in a two day period over the Pacific. If successful, some 4,000 people would have been killed. [Agence France-Presse, 12/8/2001; Insight, 5/27/2002; Contemporary Southeast Asia, 12/1/2002] According to another account, some of the bombs would be timed to go off weeks or even months later. Presumably worldwide air travel could be interrupted for months. [Lance, 2003, pp. 260-61] A second wave of attacks involving crashing airplanes into buildings in the US would go forward later, once the pilots are trained for it (see February-Early May 1995).

Entity Tags: Abd al-Karim Yousef, Khalid Shaikh Mohammed, Ramzi Yousef, Wali Khan Amin Shah, Operation Bojinka, Al-Qaeda, Abdul Hakim Murad

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Clinton issues Executive Order 12949, which marginally extends the powers of the Justice Department to conduct warrantless surveillance of designated targets, specifically suspected foreign terrorists. Perhaps the most controversial aspect of the order comes in the first section, which reads, “Pursuant to section 302(a)(1) of the [Foreign Intelligence Surveillance] Act [FISA], the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.” [US President, 2/9/1995] As with then-president Jimmy Carter’s own May 1979 order extending the Justice Department’s surveillance capabilities (see May 23, 1979), after George W. Bush’s warrantless domestic wiretapping program will be revealed in December 2005 (see December 15, 2005), many of that program’s defenders will point to Clinton’s order as “proof” that Clinton, too, exercised unconstitutionally broad powers in authorizing wiretaps and other surveillance of Americans. These defenders will point to the “physical search” clause in Clinton’s order to support their contention that, if anything, Clinton’s order was even more egregrious than anything Bush will order. This contention is false. [50 U.S.C. 1802(a); Think Progress, 12/20/2005] Under FISA, the Attorney General must certify that any such physical search does not involve the premises, information, material, or property of a United States person.” That means US citizens or anyone inside the United States. Clinton’s order does not authorize warrantless surveillance or physical searches of US citizens. [US President, 2/9/1995; Think Progress, 12/20/2005]

Entity Tags: US Department of Justice, James Earl “Jimmy” Carter, Jr., William Jefferson (“Bill”) Clinton, George W. Bush, Foreign Intelligence Surveillance Act

Timeline Tags: Civil Liberties

The CIA proposes a policy of abducting Islamic Jihad militants and sending them to Egypt which will soon be approved by President Bill Clinton (see June 21, 1995). The Clinton administration began a policy of allowing abductions, known as “renditions,” in 1993 (see 1993). At first, renditions were rarely used because few countries wanted the suspects. Michael Scheuer, head of the CIA’s bin Laden unit, is one of the architects of a 1995 agreement with Egypt to send rendered militants there. He will later recall: “It was begun in desperation.… We were turning into voyeurs. We knew where these people were, but we couldn’t capture them because we had nowhere to take them,” due to legal and diplomatic complications. The CIA realized that “we had to come up with a third party.” Egypt was the obvious choice because the Islamic Jihad is the prime political enemy of the Egyptian government, and many Islamic Jihad militants also work for al-Qaeda, an enemy of the US.
Turning a Blind Eye - However, the Egyptian secret police force, the Mukhabarat, is notorious for its torture of prisoners. As part of the program, the US helps track, capture, and transport suspects to Egypt (see Before Summer 1995) and then turns a blind eye while the Egyptians torture them. Scheuer claims the US could give the Egyptian interrogators questions they wanted put to the detainees in the morning and get answers by the evening. Because torture is illegal in the US, US officials are never present when the torture is done. Further, the CIA only abducts suspects who have already been convicted in absentia. Talaat Fouad Qassem is the first known person the CIA renders to Egypt (see September 13, 1995). But the number of renditions greatly increases in 1998, when the CIA gets a list of Islamic Jihad operatives around the world (see Late August 1998). These renditions result in a big trial in Egypt in 1999 that effectively destroys Islamic Jihad as a major force in that country (see 1999). [New Yorker, 2/8/2005]
CIA, NSC, Justice Department Lawyers Consulted - Scheuer will say that lawyers inside and outside the CIA are intensively consulted about the program: “There is a large legal department within the Central Intelligence Agency, and there is a section of the Department of Justice that is involved in legal interpretations for intelligence work, and there is a team of lawyers at the National Security Council, and on all of these things those lawyers are involved in one way or another and have signed off on the procedure. The idea that somehow this is a rogue operation that someone has dreamed up is just absurd.” [Grey, 2007, pp. 140-141]
Leadership of Program - The rendition program does not focus solely on al-Qaeda-linked extremists, and other suspected terrorists are also abducted. Scheuer will later tell Congress, “I authored it and then ran and managed it against al-Qaeda leaders and other Sunni Islamists from August 1995, until June 1999.” [US Congress, 4/17/2007 pdf file] A dedicated Renditions Branch will be established at CIA headquarters in 1997 (see 1997), but the relationship between Scheuer and its manager is not known—it is unclear whether this manager is a subordinate, superior, or equal of Scheuer, or whether Scheuer takes on this responsibility as well. After Scheuer is fired as unit chief in May 1999 (see June 1999), his role in the rendition program will presumably be passed on to his successor, Richard Blee, who will go on to be involved in rendition after 9/11 (see Shortly After December 19, 2001). In a piece apparently about Blee, journalist Ken Silverstein will say that he “oversaw… the [Counterterrorist Center] branch that directed renditions.” [Harper's, 1/28/2007]

Entity Tags: Mukhabarat (Egypt), Richard Blee, Islamic Jihad, Alec Station, Central Intelligence Agency, Egypt, Michael Scheuer

Timeline Tags: Torture of US Captives, Complete 911 Timeline

President Bill Clinton signs Presidential Decision Directive 39 (PDD-39) approving a rendition program recently proposed by the CIA (see Summer 1995). This program is the development of an earlier idea also approved by Clinton (see 1993) and comes two months after the bombing of a government building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The rendition program as approved by Clinton explicitly covers renditions of fugitives to the US to face trial: “When terrorists wanted for violation of US law are at large overseas, their return for prosecution shall be a matter of the highest priority and shall be a continuing central issue in bilateral relations with any state that harbors or assists them.” The directive does not require the foreign government’s consent: “Return of suspects by force may be effected without the cooperation of the host government.”
Third Countries - The 9/11 Commission will later point out that this directive also expressly approves transferring suspects to other countries: “If extradition procedures were unavailable or put aside, the United States could seek the local country’s assistance in a rendition, secretly putting the fugitive in a plane back to America or some third country for trial.”
Implications - In 2007, journalist Stephen Grey will comment on the policy’s implications: “In essence, the US government chose to outsource its handling of terrorists because neither Clinton nor his Republican opponents were prepared to establish a proper legal framework for the US to capture, interrogate, and imprison terrorists itself; nor to take the more direct military or diplomatic action required to eliminate the leadership of al-Qaeda in Afghanistan; nor to confront countries like Saudi Arabia or Pakistan whose policies helped encourage the growth of terrorism; nor to strengthen adequately the CIA’s own key capabilities.” [Grey, 2007, pp. 121, 123]

Entity Tags: Stephen Grey, William Jefferson (“Bill”) Clinton

Timeline Tags: Torture of US Captives

Melissa Boyle Mahle.Melissa Boyle Mahle. [Source: Publicity photo]According to a later account by CIA agent Melissa Boyle Mahle, “a tidbit received late in the year revealed the location” Khalid Shaikh Mohammed (KSM) in Qatar (see 1992-1996). [Mahle, 2005, pp. 247-248] This presumably is information the FBI learned in Sudan that KSM was traveling to Qatar (see Shortly Before October 1995). However, US intelligence should also have been aware that KSM’s nephew Ramzi Yousef attempted to call him in Qatar in February 1995 while Yousef was in US custody (see After February 7, 1995-January 1996). Mahle is assigned to verify KSM’s identity. She claims that at the time the CIA is aware of KSM’s involvement in the Bojinka plot in the Philippines (see January 6, 1995) and in the 1993 WTC bombing (see February 26, 1993) She is able to match his fingerprints with a set of fingerprints the CIA already has in their files. [Guardian, 3/31/2005] By October 1995, the FBI tracks KSM to a certain apartment building in Qatar. Then, using high-technology surveillance, his presence in the building is confirmed. [Miniter, 2003, pp. 85-86] Mahle argues that KSM should be rendered out of the country in secret. The US began rendering terrorist suspects in 1993 (see 1993), and a prominent Egyptian extremist is rendered by the CIA in September 1995 (see September 13, 1995). She argues her case to CIA headquarters and to the highest reaches of the NSA, but is overruled. [Guardian, 3/31/2005] Instead, the decision is made to wait until KSM can be indicted in a US court and ask Qatar to extradite him to the US. Despite the surveillance on KSM, he apparently is able to leave Qatar and travel to Brazil with bin Laden and then back to Qatar at the end of 1995 (see December 1995). KSM will be indicted in early 1996, but he will escape from Qatar a few months later (see January-May 1996).

Entity Tags: Ramzi Yousef, Khalid Shaikh Mohammed, Melissa Boyle Mahle, National Security Agency, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Anas al-Liby.Anas al-Liby. [Source: FBI]Anas al-Liby, member of a Libyan al-Qaeda affiliate group called Al-Muqatila, lives in Britain during this time. He had stayed with bin Laden in Sudan (see May 18, 1996). In late 1995, he moves to Britain and applies for political asylum, claiming to be a political enemy of the Libyan government (see (Late 1995)). He is involved in an al-Qaeda plot (see Late 1993-Late 1994) that will result in the bombing of two US embassies in Africa in 1998 (see 10:35-10:39 a.m., August 7, 1998). The British government suspects he is a high-level al-Qaeda operative, and Egypt tells Britain that he is wanted for an assassination attempt of Egyptian President Hosni Mubarak (see (Late 1995)). In 1996, he is involved in a plot with the British intelligence agency to assassinate Libyan leader Colonel Mu’ammar al-Qadhafi (see 1996), and presumably his ability to live in Britain is connected to cooperation with that plot. [Observer, 11/10/2002; Times (London), 1/16/2003] After the failed assassination attempt in 1996, the British allegedly continues to support Al-Muqatila—for instance, the group openly publishes a newsletter from a London office. [Brisard and Dasquie, 2002, pp. 97-98] Whistleblower David Shayler, a British intelligence agent, gives British authorities details of this Libya plot in 1998 and again in 1999, and later will serve a short prison sentence for revealing this information to the public (see November 5, 2002). [Observer, 8/27/2000] In late 1998, al-Liby is monitored calling an al-Qaeda operative in the US and discussing their ties to one of the African embassy bombers, but this results in no action against al-Liby (see Shortly After August 12, 1998). He lives in Manchester until May of 2000. In 2002, it will be reported that he eluded a police raid on his house and fled abroad. [Observer, 11/10/2002] However, in a 2011 book, FBI agent Ali Soufan will claim that al-Liby actually was arrested and then let go (see May 2000). His asylum application will still be under review at the time of his arrest. [Times (London), 1/16/2003] An important al-Qaeda training manual is discovered in the raid on his Manchester residence (see May 2000). The US will later post a $25 million reward for al-Liby’s capture. [Federal Bureau of Investigation, 2002; Observer, 11/10/2002]

Entity Tags: United Kingdom, Mu’ammar al-Qadhafi, Federal Bureau of Investigation, Osama bin Laden, Anas al-Liby, Al-Muqatila, Al-Qaeda, David Shayler

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

Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002).

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

According to counterterrorism expert Rohan Gunaratna, US intelligence monitoring al-Qaeda communications learn that al-Qaeda is canceling an attack on Western targets in Singapore. On April 18, 1996, 108 Lebanese civilians seeking refuge at a UN camp in Qana, Lebanon, are killed by mortars fired by Israeli forces. Bin Laden “was keen not to dissipate what he envisaged as widespread revulsion against Israel’s action and hence called off the strike in Southeast Asia. Al-Qaeda’s team in question was very determined to go ahead, having spent years preparing the attack, and according to the intercepts it proved difficult for Osama to convince it otherwise.” Gunaratna claims the US learned this through the NSA’s Echelon satellite network (see Before September 11, 2001) “and other technical monitoring of their communications traffic.” [Gunaratna, 2003, pp. 133-134] If true, this case supports other evidence that the US was successfully monitoring bin Laden’s communications from an early date (see Early 1990s) and that al-Qaeda’s Southeast Asia operations were penetrated years before an important al-Qaeda summit in Malaysia discussing the 9/11 plot (see January 5-8, 2000).

Entity Tags: Echelon, Al-Qaeda, Osama bin Laden, National Security Agency

Timeline Tags: Complete 911 Timeline

Jamal al-Fadl testifying in a courtroom. Because his identity has been kept secret, his face has been blocked out.Jamal al-Fadl testifying in a courtroom. Because his identity has been kept secret, his face has been blocked out. [Source: CNN]Jamal al-Fadl, an al-Qaeda operative from al-Qaeda’s first meeting in the late 1980s until 1995, tells the US everything he knows about al-Qaeda. Before al-Fadl’s debriefings, US intelligence had amassed thick files on bin Laden and his associates and contacts. However, they had had no idea how the many pieces fit together. But an official says. “After al-Fadl, everything fell into place.” [Miller, Stone, and Mitchell, 2002, pp. 154-65] The New Yorker will later call al-Fadl “arguably the United States’ most valuable informant on al-Qaeda.” FBI agent Dan Coleman will later say on al-Fadl, “He’s been very, very important to us. When it comes to understanding al-Qaeda, he’s the Rosetta Stone.” FBI agent Mike Anticev will similarly say, “He spoke to us in great detail, and everything that he told us panned out.” CIA officials debrief al-Fadl for a month and a half. Then the CIA hands him, and transcripts of all their interviews with him, over to the FBI. [New Yorker, 9/11/2006] Coleman and US prosecutor Patrick Fitzgerald interrogate al-Fadl at a US military base in Germany for months. [Lance, 2006, pp. 261] Roughly between November 1996 and April 1997, al-Fadl tells the FBI about:
bullet The historical background of al-Qaeda. Al-Fadl was one of al-Qaeda’s founding members (see August 11-20, 1988).
bullet The structure of al-Qaeda and its leadership composition.
bullet Al-Qaeda’s objectives and direction.
bullet Its financial infrastructure and networks. Al-Fadl has extensive knowledge of this because he worked as an al-Qaeda financial officer (see December 1996-January 1997).
bullet Its connections and collaboration with other terrorist groups and supporters.
bullet Its activities against US soldiers in Somalia (see October 3-4, 1993).
bullet Its activities in Bosnia. Al-Fadl was sent there on several missions (see Autumn 1992 and Autumn 1992).
bullet The Al-Kifah Refugee Center, al-Qaeda’s most important charity front in the US. Al-Fadl worked there in the 1980s (see 1986-1993).
bullet Bin Laden’s efforts to acquire weapons of mass destruction. Al-Fadl was personally involved in an effort to buy uranium for al-Qaeda (see Late 1993). [9/11 Commission, 7/24/2004, pp. 479]
bullet Bin Laden’s plans to attack either inside the US or US embassies (see Late 1996).
Al-Fadl continues to help US intelligence until current day. For instance, in 2000, he will help US officials capture his brother-in-law, Mohammed Suliman al-Nalfi, who is said to be close to Ayman al-Zawahiri. Al-Nalfi will eventually be sentenced to ten years in prison in the US. Al-Fadl will have no knowledge of the 9/11 plot, but he will continue to identify captured al-Qaeda operatives after 9/11. [New Yorker, 9/11/2006] Interestingly, al-Fadl, a Sudanese citizen, will later claim that he worked with the Sudanese intelligence agency with the direct approval of bin Laden. [Day 2. United States of America v. Usama bin Laden, et al., 2/6/2001]

Entity Tags: Jamal al-Fadl, Mike Anticev, Federal Bureau of Investigation, Central Intelligence Agency, Patrick J. Fitzgerald, Dan Coleman, Al-Kifah Refugee Center, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Based on a review of the Lexis-Nexus database, the term al-Qaeda is first mentioned in the mainstream media on this day. A United Press International article draws from a State Department fact sheet released today (see August 14, 1996) and states, “Earlier, during the Soviet invasion of Afghanistan, Usama Bin Ladin drew on his family’s wealth ‘plus donations received from sympathetic merchant families in the Gulf region’ to organize the Islamic Salvation Foundation, or al-Qaida. The group established recruitment centers in Egypt, Saudi Arabia, and Pakistan that enlisted and sheltered thousands of Arab recruits to fight the Soviets. ‘This network remains active,’ the State Department said.” (The spelling is the same as in the original.) [US Department of State, 8/14/1996; United Press International, 8/14/1996] The term was first used in an overseas article by the French wire service Agence France-Presse, in May 1993 (see May 30, 1993). The CIA has been aware of the term since at least the start of 1996 (see Shortly Before February 1996) and possibly by 1991, if not earlier (see February 1991- July 1992). However, the term will remain little used and little understood by the media for the next several years. For instance, the New York Times will first mention it two years later in quoting the courtroom testimony of one of the plotters of the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). It is referred to as “al-Qaeda, an international terrorist group, led by Mr. bin Laden.” [New York Times, 8/28/1998]

Entity Tags: US Department of State, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline

An Inmarsat Compact M satellite phone, the type used by bin Laden.An Inmarsat Compact M satellite phone, the type used by bin Laden. [Source: Inmarsat]During this period, Osama bin Laden uses a satellite phone to direct al-Qaeda’s operations. The phone—a Compact M satellite phone, about the size of a laptop computer—was purchased by a student in Virginia named Ziyad Khaleel for $7,500 using the credit card of a British man named Saad al-Fagih. After purchasing the phone, Khaleel sent it to Khalid al-Fawwaz, al-Qaeda’s unofficial press secretary in London (see Early 1994-September 23, 1998). Al-Fawwaz then shipped it to bin Laden in Afghanistan. [CNN, 4/16/2001] It appears US intelligence actually tracks the purchase as it occurs (see November 1996-Late December 1999), probably because an older model satellite phone bin Laden has is already being monitored (see Early 1990s). Bin Laden’s phone (873682505331) is believed to be used by other top al-Qaeda leaders as well, including Ayman al-Zawahiri and Mohammad Atef. Al-Fawwaz also buys satellite phones for other top al-Qaeda leaders around the same time. Though the calls made on these phones are encrypted, the NSA is able to intercept and decrypt them. As one US official will put it in early 2001, “codes were broken.” [United Press International, 2/13/2001; Newsweek, 2/18/2002] The Los Angeles Times will report that the monitoring of these phones “produced tens of thousands of pages of transcripts over two years.” [Los Angeles Times, 10/14/2001] Bin Laden’s satellite phone replaces an older model he used in Sudan that apparently was also monitored by the NSA (see Early 1990s). Billing records for his new phone are eventually released to the media in early 2002. Newsweek will note, “A country-by-country analysis of the bills provided US authorities with a virtual road map to important al-Qaeda cells around the world.” [Sunday Times (London), 3/24/2002] The countries called are:
bullet Britain (238 or 260). Twenty-seven different phone numbers are called in Britain. Accounts differ on the exact number of calls. Khalid al-Fawwaz, who helps publish statements by bin Laden, receives 143 of the calls, including the very first one bin Laden makes with this phone. Apparently most of the remaining calls are made to pay phones near him or to his associates. He also frequently calls Ibrahim Eidarous, who works with al-Fawwaz and lives near him. [CNN, 4/16/2001; Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002; O'Neill and McGrory, 2006, pp. 111]
bullet Yemen (221). Dozens of calls go to an al-Qaeda communications hub in Sana’a, Yemen, which is run by the father-in-law of 9/11 hijacker Khalid Almihdhar (see Late August 1998). [Newsweek, 2/18/2002; Los Angeles Times, 9/1/2002; Bamford, 2008, pp. 8]
bullet Sudan (131). Bin Laden lived in Sudan until 1996 (see May 18, 1996), and some important al-Qaeda operatives remained there after he left (see February 5, 1998). [Sunday Times (London), 3/24/2002]
bullet Iran (106). Newsweek will later report: “US officials had little explanation for the calls to Iran. A Bush administration official said that US intelligence has believed for years that hard-line anti-American factions inside Iran helped bin Laden’s organization operate an ‘underground railroad’ smuggling Islamic militants to al-Qaeda training camps in Afghanistan.” [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002]
bullet Azerbaijan (67). An important al-Qaeda operative appears to be based in Baku, Azerbaijan. [Washington Post, 5/2/2001] This is most likely Ahmad Salama Mabruk, who is very close to al-Qaeda number two Ayman al-Zawahiri and is said to be the head of the al-Qaeda cell there. He kidnapped by the CIA in Baku in late August 1998 (see Late August 1998).
bullet Kenya (at least 56). In the embassy bombings trial, prosecutors introduce evidence showing 16 calls are made on this phone to some of the embassy bombers in Kenya (see 10:35-10:39 a.m., August 7, 1998), apparently all before a raid in August 1997 (see August 21, 1997). The defense introduces evidence showing at least 40 more calls are made after that time (see Late 1996-August 1998). [CNN, 4/16/2001]
bullet Pakistan (59).
bullet Saudi Arabia (57).
bullet A ship in the Indian Ocean (13).
bullet The US (6).
bullet Italy (6).
bullet Malaysia (4).
bullet Senegal (2). [Sunday Times (London), 3/24/2002]
bullet Egypt (unknown). Newsweek reports that calls are made to Egypt but doesn’t say how many. [Newsweek, 2/18/2002]
bullet Iraq (0). Press reports note that the records indicate zero calls were made to Iraq. [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002] 1,100 total calls are made on this phone. Adding up the above numbers means that the destination of over 100 calls is still unaccounted for. [Newsweek, 2/18/2002] The use of this phone stops two months after the August 1998 embassy bombings in Africa. However, it appears bin Laden and other al-Qaeda leaders continue to use other satellite phones occasionally after this time. Shortly after 9/11, James Bamford, an expert authority on the agency, says “About a year or so ago the NSA lost all track of him.… He may still use [satellite phones] occasionally to talk about something mundane, but he discovered that the transmitters can be used for honing.” [CNN, 9/21/2001] According to a different account, bin Laden will attempt to use a different phone communication method, but US intelligence will soon discover it and continue monitoring his calls (see Late 1998 and After).

Entity Tags: Ziyad Khaleel, Saad al-Fagih, Osama bin Laden, Ibrahim Eidarous, Khalid al-Fawwaz, Mohammed Atef, Al-Qaeda, Ayman al-Zawahiri, Ahmad Salama Mabruk

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In 2001, four men will be convicted of participating in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). During their trial, it will come to light that the NSA was listening in on bin Laden’s satellite phone (see November 1996-Late August 1998). Additionally, during this time bin Laden calls some of the plotters of the bombing before the bombing takes place. The prosecution will show records revealing that bin Laden calls Kenya 16 times, apparently all before an August 1997 raid on the Nairobi, Kenya, house of Wadih El-Hage (see August 21, 1997), who is taking part in the embassy bombing plot and is bin Laden’s former personal secretary. The transcripts of two calls between El-Hage and al-Qaeda leader Mohammed Atef (using bin Laden’s phone) are even read to the jury in the trial. The defense however, shows that at least 40 additional calls are made from bin Laden’s phone to Kenya after El-Hage left Kenya in September 1997. Further, El-Hage makes some calls to Khalid al-Fawwaz, who essentially is serving as bin Laden’s press secretary in London and is being frequently called by bin Laden around the same time. The transcript of a February 1997 call between El-Hage and Mohamed Saddiq Odeh, one of the other embassy bombing plotters, is also read to the jury. The US had been wiretapping El-Hage’s phone and other phones connected to the al-Qaeda Kenya cell, since at least April 1996 (see April 1996). [CNN, 4/16/2001] In one call, El-Hage is overheard saying after returning from visiting bin Laden in Afghanistan that bin Laden has given the Kenya al-Qaeda cell a “new policy.” After the raid on El-Hage’s house, US investigators will discover that policy is “militarizing” the cell. But most details of what is said in these calls has not been made public. [Washington Post, 5/2/2001] In another call in July 1997, cell member Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) specifies which mobile phone the cell needs to use when calling bin Laden. [New York Times, 1/13/2001] US intelligence also listens in during this time as bin Laden frequently calls the Kenya office of Mercy International, an office that is being monitored because of suspected al-Qaeda ties (see Late 1996-August 20, 1998). It has not been explained how the US failed to stop the August 1998 embassy bombings, given their surveillance of all these calls before the bombing took place.

Entity Tags: Fazul Abdullah Mohammed, Wadih El-Hage, Mohammed Atef, Osama bin Laden, Khalid al-Fawwaz, Mohammed Saddiq Odeh

Timeline Tags: Complete 911 Timeline

In mid-1996, Jamal al-Fadl will walk into a US embassy in Eritrea, defect from al-Qaeda, and become a key informant for the US about al-Qaeda’s inner workings and leadership (see June 1996-April 1997). The 9/11 Commission’s final report will later mention, “Corroborating evidence [to al-Fadl’s revelations] came from another walk-in source at a different US embassy.” [9/11 Commission, 7/24/2004, pp. 109] Nothing more has been publicly revealed about this other defector, except for a 9/11 Commission footnote mentioning that the information about his defection comes from a January 1997 CIA cable. [9/11 Commission, 7/24/2004, pp. 479] This person does not seem to be L’Houssaine Kherchtou, another al-Qaeda defector from around this time, since the 9/11 Commission mentions him by name elsewhere in their final report, and he does not talk to the US until mid-2000 (see Summer 2000). [9/11 Commission, 7/24/2004, pp. 62] This also does not fit the profile of Essam al Ridi, another al-Qaeda informant, who does not get into contact with US officials until after the embassy bombings in 1998. [Radio Free Europe, 9/10/2006] The 9/11 Commission also notes that, “More confirmation [about al-Fadl’s revelations] was supplied later that year by intelligence and other sources, including material gathered by FBI agents and Kenyan police from an al-Qaeda cell in Nairobi” (see August 21, 1997). [9/11 Commission, 7/24/2004, pp. 109]

Entity Tags: Jamal al-Fadl, 9/11 Commission

Timeline Tags: Complete 911 Timeline

The outside and inside of El-Hage’s house in Nairobi. These pictures were apparently taken during the 1997 raid and were used as evidence in El-Hage’s trial.The outside and inside of El-Hage’s house in Nairobi. These pictures were apparently taken during the 1997 raid and were used as evidence in El-Hage’s trial. [Source: FBI]Dan Coleman, an FBI agent working with Alec Station, the CIA’s bin Laden unit, has been examining transcripts from wiretapped phones connected to bin Laden’s businesses in Sudan (see Early 1990s). One frequently called number belongs to Wadih El-Hage, a US citizen who is later revealed to be bin Laden’s personal secretary. El-Hage often makes obvious and clumsy attempts to speak in code. The CIA comes to believe that El-Hage might be recruited as an agent. On this day, Coleman, two CIA agents, and a Kenyan police officer enter El-Hage’s house in Nairobi, Kenya, with a search warrant. The investigators interview El-Hage (who returned that day from visiting bin Laden in Afghanistan) and confiscate his computer. [Los Angeles Times, 10/14/2001; Wright, 2006, pp. 242-244] A large amount of incriminating evidence is discovered in El-Hage’s documents and computer files (see Shortly After August 21, 1997 and Shortly After August 21, 1997). El-Hage moves to the US, where he is interviewed by a grand jury, then let go (see September 24, 1997). He will be arrested shortly after al-Qaeda bombs the US embassy in Nairobi (see September 15, 1998). He will be sentenced to life in prison for his role in that attack. State Department officials will later strongly assert that while staffers at the US embassy in Kenya were told about the raid at the time, they were not told about any potential connection to al-Qaeda. However, US intelligence officials strongly assert that the embassy staff was frequently briefed about the bin Laden connection. [New York Times, 1/9/1999]

Entity Tags: Wadih El-Hage, US Department of State, Fazul Abdullah Mohammed, Central Intelligence Agency, Dan Coleman, Alec Station

Timeline Tags: Complete 911 Timeline

Al Haramain Islamic Foundation’s main office in Riyadh, Saudi Arabia.Al Haramain Islamic Foundation’s main office in Riyadh, Saudi Arabia. [Source: Bilal Qabalan / Agence France-Presse / Getty Images]Wadih El-Hage has been bin Laden’s personal secretary since the early 1990s. When US agents raid his house in Nairobi, Kenya, they seize his address book (see August 21, 1997), which contains the names and phone numbers for many other al-Qaeda operatives. [CNN, 5/25/2001] The names discovered in the book include:
bullet Ali Mohamed, the al-Qaeda double agent living in California. US investigators are already tapping his California phone and have been tapping calls between him and El-Hage since at least 1996 (see April 1996).
bullet Mamoun Darkazanli. He is a Syrian-born businessman living in Hamburg, Germany, who has contacts with Mohamed Atta’s al-Qaeda cell in the same city. Darkazanli’s name and phone number are listed, and El-Hage even has a business card listing El-Hage’s address in Texas and Darkazanli’s address in Hamburg (see Late 1998).
bullet Ghassan Dahduli. He works at two US non-profit organizations, the Islamic Association for Palestine and InfoCom. Both organizations will be shut down for supporting terrorist networks (see September 16, 1998-September 5, 2001).
bullet Salah al-Rajhi (see Shortly After August 21, 1997). He and his brother of Sulaiman Abdul Aziz al-Rajhi, are billionaires and jointly own the Al-Rajhi Banking & Investment Corp. Sulaiman started a network of organizations in Herndon, Virginia known as the SAAR network (named for the four initials in his name). This network will be raided by US officials in 2002 for suspected terrorist funding ties (see March 20, 2002). [Newsweek, 12/9/2002]
bullet Ihab Ali Nawawi, an al-Qaeda operative living in Florida. He is referred to as “Ihab Ali” and his location in Tampa, Florida, is mentioned. He will not be arrested until May 1999 (see May 18, 1999). [United States of America v. Usama Bin Laden, et al., Day 39, 5/3/2001]
bullet Essam Marzouk. He is linked to both al-Qaeda and Islamic Jihad and is living in Vancouver, Canada at the time. He will later train the 1998 embassy bombers. It is unclear if the link to Marzouk is shared with Canadian intelligence (see Shortly After August 21, 1997). [National Post, 3/19/2002]
bullet Essam al Ridi. He is a US citizen and a pilot who helped bin Laden buy an airplane in the US in the early 1990s (see Early 1993). He appears to have no militant ties after that. In late 1999, US prosecutors will contact al Ridi where he is living in Bahrain and convince him to testify against El-Hage and others involved in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [CNN, 7/2/2002]
bullet Farid Adlouni. He is a civil engineer living in Lake Oswego, Oregon. In 1996 and 1997, El-Hage calls Adlouni in Oregon 72 times, sometimes just before or after meeting with bin Laden. Adlouni’s home phone and fax numbers are be found in two personal phone directories and one notebook kept by El-Hage (see Shortly After August 21, 1997). Earlier in 1997, El-Hage also sent him a fax written by al-Qaeda leader Mohammed Atef (see Febuary 25, 1997). Records show that El-Hage has extensive dealings with Adlouni, mostly by selling gems El-Hage bought in Africa for a better price in the US. The FBI interviews Adlouni twice in late 1997, but he is not arrested. As of 2002, it will be reported that he continues to live in Oregon and remains a “person of interest” and subject of investigation by the FBI. [Oregonian, 9/13/2002]
bullet Khalid al-Fawwaz. He is al-Qaeda’s de facto press secretary in London. El-Hage gives al-Fawwaz’s correct name, London phone number, and street address, but lists him as living in Texas. Presumably this is a slight attempt at subterfuge. [United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001]
bullet A business card in the name Mamdouh M. Salim is found. This is a reference to Mamdouh Mahmud Salim, a known al-Qaeda leader. [United States of America v. Usama Bin Laden, et al., Day 37, 5/1/2001]
bullet A business card belonging to Mansour al-Kadi is found. [New Yorker, 4/21/2008] Al-Kadi is the Deputy General of the Al Haramain Islamic Foundation, a suspect Saudi charity closely linked to the Saudi government. Al-Kadi will be fired in early 2004 and the entire foundation will be shut down several months later (see March 2002-September 2004). The Treasury Department will later say that Al Haramain has a role in the 1998 African embassy bombings (see Autumn 1997). [US Treasury Department, 9/9/2004]
bullet Several business cards relating to the International Islamic Relief Organization (IIRO). A 1996 CIA report connected the IIRO to terrorist funding, but the IIRO will not be prosecuted due to its close ties to the Saudi government (see January 1996 and October 12, 2001). [Newsweek, 12/9/2002]
bullet According to author Douglas Farah, the address book is “full of the names of diamond dealers and jewelers, often including the purchaser’s home phone number.” This suggests al-Qaeda could be profiting from the diamond trade in Africa. [Farah, 2004, pp. 64-65]
But Farah also will note in 2004 that many of the leads from El-Hage’s address book and other documents discovered around the same time are not fully explored. In fact, he says that “Most of El-Hage’s notebooks, written in Arabic, have still not been translated into English.” [Farah, 2004, pp. 64-65]

Entity Tags: Ihab Ali Nawawi, International Islamic Relief Organization, Mamdouh Mahmud Salim, Khalid al-Fawwaz, Mamoun Darkazanli, Ghassan Dahduli, Farid Adlouni, Ali Mohamed, Essam Marzouk, Essam al Ridi, Wadih El-Hage, Salah al-Rajhi, Mansour al-Kadi, Al Haramain Islamic Foundation

Timeline Tags: Complete 911 Timeline

Al Haramain Foundation’s Kenya office in 2004.Al Haramain Foundation’s Kenya office in 2004. [Source: Associated Press]An informant tells an intelligence agency allied to the US that the Nairobi, Kenya, branch of a Saudi charity named the Al Haramain Islamic Foundation is plotting to blow up the US embassy in Nairobi. The chief of the CIA station in Kenya passes on this informant’s warning to Ambassador Prudence Bushnell and others at the embassy. On October 31, 1997, the Kenyan government acts on the informants’ tip, arresting nine Arabs connected to the charity and seizing their files.
Charity Already Linked to Al-Qaeda Cell in Kenya - A 1996 secret CIA report shows the CIA has already linked Al Haramain to militants, smuggling, drug running, and prostitution (see January 1996). In August 1997, US intelligence raids the Kenya house of Wadih el-Hage because they correctly believe he is heading an al-Qaeda cell there (see August 21, 1997). The raid uncovers a business card belonging to Mansour al-Kadi, the Deputy General of Al Haramain’s worldwide operations (see Shortly After August 21, 1997).
CIA Fails to Take Warning Seriously - The CIA sends a special team to analyze the files and finds no evidence of a plot. This team wants to question the nine arrested Arabs, but the CIA station chief refuses to ask the Kenyan government for access to the suspects, saying he doesn’t want to bother them any more about the issue. The CIA drops the investigation and the nine Arabs are deported. Ambassador Bushnell is told that the threat has been eliminated. But some members of the CIA team are furious and feel that their investigation was short-circuited. Some intelligence officials believe at the time that members of the charity have ties to bin Laden. [New York Times, 1/9/1999]
Charity Later Linked to Kenya Bombings - The Nairobi embassy will be bombed in August 1998 (see 10:35-10:39 a.m., August 7, 1998). In 2004, it will be reported that according to US officials, “A wholesale fish business financed with Al Haramain funds… steered profits to the al-Qaeda cell behind the [embassy bombing].” One of the bombers confessed days after the bombing that this “business was for al-Qaeda.” [Associated Press, 6/7/2004] In 2004, the Treasury Department will say that two members of the Al Haramain branch in the nearby Comoros Islands helped some of the bombers escape from Kenya after the bombings. [US Treasury Department, 9/9/2004]
Charity Stays Open, Linked to Later Kenya Bombing - A month later after the bombing,s the Kenyan government will ban Al Haramain from the country, but its office nonetheless remains open. Some funds connected to it are believed to have helped support the al-Qaeda cell behind the 2002 bombings in Mombasa, Kenya (see November 28, 2002). Yet Al Haramain’s Kenya office still remains open until late 2004, when Al Haramain is shut down worldwide (see March 2002-September 2004). [Associated Press, 6/7/2004]

Entity Tags: Wadih El-Hage, Al-Qaeda, Prudence Bushnell, Central Intelligence Agency, Mansour al-Kadi, Al Haramain Islamic Foundation

Timeline Tags: Complete 911 Timeline

The Texas tire store where El-Hage worked in 1997.The Texas tire store where El-Hage worked in 1997. [Source: CNN]In August 1997, US intelligence raids the home of Wadih El-Hage, bin Laden’s former personal secretary and a US citizen (see August 21, 1997). With his cover blown, El-Hage decides to return to the US. Arriving at a New York City airport on September 23, he is served with a subpoena to testify before a grand jury the next day. He testifies for several hours and is questioned extensively. [United State of America v. Usama Bin Laden, et al., Day 36, 4/30/2001] US prosecutor Patrick Fitzgerald will later claim that “El-Hage chose to lie repeatedly to the grand jury, but even in his lies he provided some information of potential use to the intelligence community—including potential leads” to the location of his confederates and wanted missing files. [New York Times, 1/9/1999; US Congress, 10/21/2003] But after this, El-Hage is not arrested. He moves back to Texas, where he had lived in the early 1990s, and works in a tire store. [Arizona Republic, 9/28/2001] In October 1997, he is interviewed by agents in Texas [United State of America v. Usama Bin Laden, et al., Day 28, 4/12/2001] , and then left alone until August 1998 when he will be interrogated again shortly after the bombings in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). He is ultimately arrested and found guilty for his role in those bombings.

Entity Tags: Wadih El-Hage, Patrick J. Fitzgerald

Timeline Tags: Complete 911 Timeline

Fazul Abdullah Mohammed.Fazul Abdullah Mohammed. [Source: Daily Nation]Shortly after the US raid on Wadih El-Hage’s house in Nairobi, Kenya (see August 21, 1997), US investigators discover a letter in the house that mentions a cache of incriminating files had been moved from the house and hidden elsewhere. Investigators suspect the files could contain evidence of a coming attack by El-Hage’s Nairobi cell. A law enforcement official later says US investigators begin a “somewhat frantic, concerted effort” to locate the missing files. “The concern was high enough about something being out there to go right away.” A search for the files is conducted at another location in Kenya in September 1997, but the files are not found. [New York Times, 1/9/1999] But despite this search, and even though other documents found in the raid refer to other unknown members of the cell and the imminent arrival of more operatives (see Shortly After August 21, 1997), the wiretaps on five phone numbers connected to El-Hage are discontinued in October 1997, one month after El-Hage moved to the US (see September 24, 1997). Fazul Abdullah Mohammed (a.k.a. Haroun Fazul), who had been living with El-Hage and using the same phones as him, takes over running the cell. US intelligence will resume monitoring the phones in May 1998 and continue to monitor them through August 1998 (see May 1998), when the cell will successfully attack US embassies in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). It will be stated in the 2002 book The Cell, “The hardest thing to understand in retrospect is why US law enforcement did nothing else to disrupt the activities of the Nairobi cell” after the raid on El-Hage’s house. [New York Times, 1/13/2001; Miller, Stone, and Mitchell, 2002, pp. 203-205] The files will be found only after the African embassy bombings, when the offices of the charity Mercy International are searched on August 20, 1998. They will contain incriminating information, including numerous phone calls from bin Laden to Nairobi. [United States of America v. Usama Bin Laden, et al, 3/20/2001] It is not clear why the charity was not searched before the attacks, since two of the five phones monitored since 1996 were to Mercy’s Kenya offices (see Late 1996-August 20, 1998).

Entity Tags: Fazul Abdullah Mohammed, Mercy International, US intelligence, Wadih El-Hage

Timeline Tags: Complete 911 Timeline

November 1997: Ali Soufan Joins the FBI

Ali Soufan.Ali Soufan. [Source: CBS News]Ali Soufan joins the FBI. Soufan is a US citizen and recently graduated from a US university, but he is a Muslim who was born and raised in Lebanon and speaks fluent Arabic, making him particularly suited to understanding Islamist militant threats. Soufan is assigned to the FBI’s New York office, which happens to be the office taking the lead in cases involving Osama bin Laden. Initially, Soufan is assigned to Mafia cases. But he has had a long-standing interest in bin Laden, and after reading in an Arabic newspaper about bin Laden’s fatwa (religious edict) against the US in February 1998 (see February 22, 1998), he will write an FBI memo explaining the fatwa’s significance. This will get him increasingly involved in counterterrorism cases, and shortly after the East African embassy bombings in August 1998 (see 10:35-10:39 a.m., August 7, 1998), he will be assigned to the FBI’s Joint Terrorism Task Force (JTTF). He will begin working with FBI bin Laden expert John O’Neill and the counterterrorism I-49 squad, which is increasingly focusing on bin Laden. [Soufan, 2011, pp. 1-16]

Entity Tags: I-49, Ali Soufan, John O’Neill, Federal Bureau of Investigation, Osama bin Laden, Joint Terrorism Task Force

Timeline Tags: Complete 911 Timeline

Prudence Bushnell.
Prudence Bushnell. [Source: PBS]By December 1997, Prudence Bushnell, the US Ambassador to Kenya, is aware that her embassy could be in danger. She has been told of an August 1997 warning that proved there was an al-Qaeda cell in Nairobi (see Late 1994), a precise (and ultimately accurate) November 1997 warning detailing a plot to attack the embassy (see November 1997), and other recent warnings, including information indicating that she is an assassination target. She sends two cables to State Department headquarters in Washington, claiming that the embassy’s location makes it “extremely vulnerable to a terrorist attack,” and asks for security improvements to be made. The State Department turns down her requests and begins to see Bushnell as a nuisance. In early 1998, General Anthony Zinni, the commander of US forces in the region, visits the Nairobi embassy and decides it is vulnerable to terrorist attacks. He offers to send a security team to inspect the situation, but his offer is turned down. The State Department sends its own team instead and in March 1998 determines that about $500,000 worth of easily implemented improvements should make the embassy secure. But the money is not quickly allocated. Bushnell then sends “an emotional letter to Secretary of State Madeleine K. Albright begging for the Secretary’s personal help.” She says she has been fighting for months for a more secure embassy as threats increase, and that the State Department’s refusal to grant her requests for funding is “endangering the lives of embassy personnel.” Albright takes no action. The embassy will be bombed in August (see 10:35-10:39 a.m., August 7, 1998). [New York Times, 1/9/1999]

Entity Tags: Prudence Bushnell, US Department of State, Anthony Zinni, Madeleine Albright

Timeline Tags: Complete 911 Timeline

Ali Mohamed, the al-Qaeda double agent living in California, receives a letter from Ihab Ali Nawawi (an apparent al-Qaeda sleeper cell operative living in Orlando, Florida, at the time (see September 1999)). Nawawi tells Mohamed that Wadih El-Hage, a key member of the al-Qaeda cell in Kenya, has been interviewed by the FBI (see August 21, 1997). Mohamed is given a new contact number for El-Hage. Mohamed calls El-Hage and speaks to him about this, then calls other operatives who pass on the warning of the FBI’s interest in El-Hage to bin Laden. US intelligence is monitoring Mohamed’s phone calls at this time, so presumably they are aware of these connections. [New York Times, 10/24/2000; Raleigh News and Observer, 10/21/2001; Chicago Tribune, 12/11/2001] Yet, despite all of these monitored communications, neither Mohamed, nor Nawawi, nor El-Hage, are apprehended at this time, even though all three are living in the US. Their plot to blow up two US embassies in Africa succeeds in August 1998 (see 10:35-10:39 a.m., August 7, 1998).

Entity Tags: Wadih El-Hage, Ihab Ali Nawawi, Ali Mohamed

Timeline Tags: Complete 911 Timeline

“Just months before” the US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), Kenyan intelligence warns the CIA about an imminent plot to attack the US embassy in Nairobi, Kenya. Paul Muite, a prominent lawyer and legislator in Kenya, later says he was told the CIA showed the Kenyan warning to the Mossad, who was dismissive about its reliability. The CIA then chose to ignore it. [Miller, Stone, and Mitchell, 2002, pp. 206]

Entity Tags: Central Intelligence Agency, Kenya, Paul Muite, Israel Institute for Intelligence and Special Tasks (Mossad)

Timeline Tags: Complete 911 Timeline

When Saudi authorities foil a plot by al-Qaeda manager Abd al-Rahim al-Nashiri to smuggle missiles into the kingdom (see 1997), CIA director George Tenet becomes so concerned they are withholding information about the plot from the US that he flies to Saudi Arabia to meet Interior Minister Prince Nayef. Tenet is concerned because he believes that the four antitank missiles smuggled in from Yemen by al-Nashiri, head of al-Qaeda operations in the Arabian peninsula, may be intended for an assassination attempt on Vice President Albert Gore, who is to visit Saudi Arabia shortly. Tenet and another CIA manager are unhappy about the information being withheld and Tenet flies to Riyadh “to underscore the importance of sharing such information.” Tenet obtains “a comprehensive report on the entire Sagger missile episode” from Interior Minister Prince Nayef by making a not-so-veiled threat about negative publicity for Saudi Arabia in the US press. [Tenet, 2007, pp. 105-6] It will later be reported that the militants’ plan is apparently to use the armor-piercing missiles to attack the armored limousines of members of the Saudi royal family. [New York Times, 12/23/2002] There are no reports of the planned attack being carried out, so it appears to fail due to the confiscation of the missiles. However, al-Nashiri will later be identified as a facilitator of the East African embassy bombings (see August 22-25 1998) and will attend a summit of al-Qaeda operatives in Kuala Lumpur, Malaysia, which is monitored by local authorities and the CIA (see January 5-8, 2000).

Entity Tags: Abd al-Rahim al-Nashiri, Saudi Arabia, George J. Tenet, Central Intelligence Agency, Nayef bin Abdul-Aziz

Timeline Tags: Complete 911 Timeline

US intelligence resumes monitoring the al-Qaeda cell in Kenya, and continues to listen in all the way through the US embassy attacks that the cell implements in August 1998 (see 10:35-10:39 a.m., August 7, 1998). US intelligence had begun wiretapping five phones used by the cell by late 1996, including the phones of cell leader Wadih El-Hage and two phones belonging to Mercy International, a charity believed to have been used as a front by the Kenya cell. The monitoring stopped in October 1997, though it is not clear why. The New York Times will report that “after a break, [monitoring] began again in May 1998, just months before the bombing and precisely during the time the government now asserts the attack was being planned.” It is not known what caused the monitoring to resume nor has it been explained how the cell was able to succeed in the embassy attacks while being monitored. [New York Times, 1/13/2001]

Entity Tags: Mercy International, Al-Qaeda, Wadih El-Hage

Timeline Tags: Complete 911 Timeline

Mamdouh Mahmud Salim (a.k.a. Abu Hajer), a high-ranking al-Qaeda leader, visits Bosnia for unknown reasons and connects with a charity suspected of financing bin Laden’s organization. Salim was one of the founders of al-Qaeda and will be arrested in Germany later in the year (see September 16, 1998) and charged in connection with the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Records show that the Bosnia branch of the US-based Benevolence International Foundation (BIF) sponsored Salim’s visa, reserved him an apartment, and identified him as one of its directors. A BIF mole in Bosnian intelligence is able to tip off Salim that investigators are onto him, so he is not caught (see September 1996-June 2000). Intelligence officials will question BIF officers about Salim’s trip in early 2000, but the reason for the trip remains a mystery. [New York Times, 6/14/2002]

Entity Tags: Benevolence International Foundation, Mamdouh Mahmud Salim

Timeline Tags: Complete 911 Timeline

Top: Bin Laden, surrounded by security, walking to the press conference. Bottom: the three journalists attending the press conference sit next to bin Laden.Top: Bin Laden, surrounded by security, walking to the press conference. Bottom: the three journalists attending the press conference sit next to bin Laden. [Source: CNN]Bin Laden discusses “bringing the war home to America,” in a press conference from Khost, Afghanistan. [US Congress, 9/18/2002] Bin Laden holds his first and only press conference to help publicize the fatwa he published several months before. Referring to the group that signed the fatwa, he says, “By God’s grace, we have formed with many other Islamic groups and organizations in the Islamic world a front called the International Islamic Front to do jihad against the crusaders and Jews.” He adds later, “And by God’s grace, the men… are going to have a successful result in killing Americans and getting rid of them.” [CNN, 8/20/2002] He also indicates the results of his jihad will be “visible” within weeks. [US Congress, 7/24/2003] Two US embassies will be bombed in August (see 10:35-10:39 a.m., August 7, 1998). Bin Laden sits next to Ayman al-Zawahiri and Mohammed Atef during the press conference. Two Pakistani journalists and one Chinese journalist attends. But event never gets wide exposure because no independent videotaping is allowed (however, in 2002 CNN will obtain video footage of the press conference seized after the US conquered Afghanistan in late 2001). Pakistani journalist Ismail Khan attends and will later recall, “We were given a few instructions, you know, on how to photograph and only take a picture of Osama and the two leaders who were going to sit close by him. Nobody else.” Two sons of Sheikh Omar Abdul-Rahman attend and distribute what they claim is the will or fatwa of their father (see May 1998), who has been sentenced to life in prison in the US. Journalist Peter Bergen will later comment that the significance of the sons’ presence at the press conference “can’t be underestimated” because it allows bin Laden to benefit from Abdul-Rahman’s high reputation amongst radical militants. Bergen also later says the press conference is a pivotal moment for al-Qaeda. “They’re going public. They’re saying, ‘We’re having this war against the United States.’” [CNN, 8/20/2002] The specific comment by bin Laden about “bringing the war home to America” will be mentioned in the August 2001 memo given to President Bush entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).

Entity Tags: Osama bin Laden, Ismail Khan, Ayman al-Zawahiri, Ahmad Abdul-Rahman, Mohammed Atef, Mohammed Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A joint surveillance operation conducted by the CIA and Albanian intelligence identifies an Islamic Jihad cell that is allegedly planning to bomb the US Embassy in Tirana, Albania’s capital. The cell was created in the early 1990s by Mohammed al-Zawahiri, brother of Islamic Jihad and al-Qaeda leader Ayman al-Zawahiri. The operation intercepts lengthy discussions between the cell and Ayman. [New Yorker, 2/8/2005; Wright, 2006, pp. 269] At the behest of the US government, Egypt, which is co-operating with the US over renditions (see Summer 1995), issues an arrest warrant for Shawki Salama Attiya, one of the militants in the cell. Albanian forces then arrest Attiya and four of the other suspected militants. A sixth suspect is killed, but two more escape. The men are taken to an abandoned airbase, where they are interrogated by the CIA, and then flown by a CIA-chartered plane to Cairo, Egypt, for further interrogation. The men are tortured after arriving in Egypt:
bullet Ahmed Saleh is suspended from the ceiling and given electric shocks; he is later hanged for a conviction resulting from a trial held in his absence;
bullet Mohamed Hassan Tita is hung from his wrists and given electric shocks to his feet and back;
bullet Attiya is given electric shocks to his genitals, suspended by his limbs and made to stand for hours in filthy water up to his knees;
bullet Ahmed al-Naggar is kept in a room for 35 days with water up to his knees, and has electric shocks to his nipples and penis; he is later hanged for an offence for which he was convicted in absentia;
bullet Essam Abdel-Tawwab will also describe more torture for which prosecutors later find “recovered wounds.”
On August 5, 1998, a letter by Ayman al-Zawahiri will be published that threatens retaliation for the Albanian abductions (see August 5, 1998). Two US embassies in Africa will be bombed two days later (see 10:35-10:39 a.m., August 7, 1998). [Washington Post, 3/11/2002, pp. A01; New Yorker, 2/8/2005; Grey, 2007, pp. 128] The US State Department will later speculate that the timing of the embassy bombings was in fact in retaliation for these arrests. [Ottawa Citizen, 12/15/2001]

Entity Tags: Mohamed Hassan Tita, Shawki Salama Attiya, Mohammed al-Zawahiri, Albania, Central Intelligence Agency, Ahmed Saleh, Ahmed al-Naggar, Ayman al-Zawahiri, Essam Abdel-Tawwab, Islamic Jihad

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Kosovar Albanian Struggle

On May 26, 1998, Osama bin Laden said at a press conference that there would be “good news” in coming weeks (see May 26, 1998). On June 12, the State Department issues a public warning, stating, “We take those threats seriously and the United States is increasing security at many US government facilities in the Middle East and Asia.” Notably, the State Department does not mention increasing security in Africa. Two US embassies will be bombed there in August 1998 (see 10:35-10:39 a.m., August 7, 1998). There are no other public warnings given before the embassy bombings. [Bergen, 2001, pp. 110]

Entity Tags: Osama bin Laden, US Department of State

Timeline Tags: Complete 911 Timeline

The British intelligence service MI6 and Moroccan intelligence approach al-Qaeda operative L’Houssaine Kherchtou in an attempt to recruit him. Kherchtou is disillusioned with al-Qaeda and has been under surveillance by the Moroccans for some time. The results of the first meeting are not known, but after it Kherchtou returns to Nairobi, Kenya, where he had helped with a plot to bomb the US embassy and provided his apartment to other conspirators (see Late 1993-Late 1994), and makes contact with other cell members again in early August. He apparently does not know the precise details of the operation, but when the attack happens (see 10:35-10:39 a.m., August 7, 1998), he realizes who did it. MI6 is aware that he is in Kenya and he is detained at the airport by local authorities and turned over to them. MI6 debriefs him about the embassy bombings, but this information is not immediately shared with the FBI (see Shortly After August 7, 1998), which later takes him into custody (see Summer 2000). [American Prospect, 6/19/2005]

Entity Tags: UK Secret Intelligence Service (MI6), Direction de la Surveillance du Territoire (Morocco), L’Houssaine Kherchtou

Timeline Tags: Complete 911 Timeline

Khalid al-Fawwaz.Khalid al-Fawwaz. [Source: CNN]The NSA is monitoring phone calls between bin Laden in Afghanistan and Khalid al-Fawwaz in London, yet no action is taken after al-Fawwaz is given advanced notice of the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Al-Fawwaz, together with Ibrahim Eidarous and Adel Abdel Bary, are operating as bin Laden’s de facto international media office in London, and the NSA has listened in for two years as bin Laden called them over 200 times (see November 1996-Late August 1998). On July 29, 1998, al-Fawwaz is called from Afghanistan and told that more satellite minutes are needed because many calls are expected in the next few days. Al-Fawwaz calls a contact in the US and rush orders 400 more minutes for bin Laden’s phone. A flurry of calls on bin Laden’s phone ensues, though what is said has not been publicly revealed. [Knight Ridder, 9/20/2001] On August 7 at around 4:45 a.m., about three hours before the bombings take place, a fax taking credit for the bombings is sent to a shop near al-Fawwaz’s office. The fingerprints of his associates Eidarous and Abdel Bary are later found on the fax. They fax a copy of this to the media from a post office shortly after the bombings and their fingerprints are found on that fax as well. [Seattle Post-Intelligencer, 7/13/1999; Daily Telegraph, 9/19/2001] Canadian intelligence is monitoring an operative named Mahmoud Jaballah who is serving as a communication relay between operatives in Baku and London. He is monitored talking to people both in Baku and London just before the fax is sent from Baku to London (see August 5-7, 1998). The NSA has also been monitoring the operatives in Baku (see November 1996-Late August 1998). It is not clear why the Canadians or the NSA fail to warn about the bombings based on these monitored phone calls. Before 9/11, bin Laden’s phone calls were regularly translated and analyzed in less an hour or so. It has not been explained why this surge of phone calls before the embassy bombings did not result in any new attack warnings. The three men will be arrested shortly after the embassy bombings (see Early 1994-September 23, 1998).

Entity Tags: National Security Agency, Khalid al-Fawwaz, Osama bin Laden, Adel Abdel Bary, Ibrahim Eidarous, Mahmoud Jaballah

Timeline Tags: Complete 911 Timeline

US intelligence is reportedly monitoring a “very important source” in Khartoum, Sudan, during the time of the August 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). An unnamed US official working in Sudan at the time will later tell this to journalist Jonathan Randal. This official will claim the US is intercepting telephone communications between this source and al-Qaeda at least during 1998. The name of the source has not been revealed, but this person is considered so important that after the embassy bombings the US will consider killing the source in retaliation. However, a different target is chosen because the source either knows nothing about the bombings or at least does not mention them in intercepted conversations. [Randal, 2005, pp. 152] It is not known when this surveillance ends or what happens to the source.

Entity Tags: US intelligence, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Sayyid Iskandar Suliman. This picture is from a poor photocopy of his passport found in Sudanese intelligence files.Sayyid Iskandar Suliman. This picture is from a poor photocopy of his passport found in Sudanese intelligence files. [Source: Public domain via Richard Miniter]On August 4, 1998, Sudanese immigration suspects two men, Sayyid Nazir Abbass and Sayyid Iskandar Suliman, arriving in Sudan, apparently due to something in their Pakistani passports. They attempt to rent an apartment overlooking the US embassy. Three days later, US embassies are bombed in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). Within hours, Sudanese officials arrest Abbass and Suliman. The two of them had just come from Kenya, and one of them quickly admits to staying in the same hotel in Kenya as some of the embassy bombers. Sudanese intelligence believes they are al-Qaeda operatives involved in the bombings. [Observer, 9/30/2001; Vanity Fair, 1/2002; Randal, 2005, pp. 132-135] The US embassy in Sudan has been shut down for several years. But around August 14, a Sudanese intelligence official contacts an intermediary and former White House employee named Janet McElligott and gives her a vague message that Sudan is holding important suspects and the FBI should send a team immediately to see if they want to take custody of them. [Randal, 2005, pp. 132-135] The FBI wants the two men, but on August 17, Secretary of State Madeleine Albright forbids their extradition. The US has decided to bomb a factory in Sudan in retaliation for the embassy bombings instead of cooperating with Sudan. But FBI agent John O’Neill is not yet aware of Albright’s decision, and word of the Sudanese offer reaches him on August 19. He wants immediate approval to arrest the two suspects and flies to Washington that evening to discuss the issue with counterterrorism “tsar” Richard Clarke. But Clarke tells O’Neill to speak to Attorney General Janet Reno. Later that night, O’Neill talks to Reno and she tells him that the decision to retaliate against Sudan instead has already been made. Mere hours later, the US attack a factory in Sudan with cruise missiles (see August 20, 1998). Within days, it becomes apparent that the factory had no link to al-Qaeda (see September 23, 1998), and no link between the bombings and the Sudanese government will emerge (although Sudan harbored bin Laden until 1996). [Randal, 2005, pp. 132-138] The Sudanese will continue to hold the two men in hopes to make a deal with the US. But the US is not interested, so after two weeks they are send to Pakistan and set free there (see August 20-September 2, 1998).

Entity Tags: US Department of State, Sayyid Nazir Abbass, Sayyid Iskandar Suliman, Sudan, Osama bin Laden, Janet Reno, John O’Neill, Madeleine Albright, Richard A. Clarke, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

The Islamic Jihad, a militant group that has joined forces with al-Qaeda, issues a statement threatening to retaliate against the US for its involvement rounding up an Islamic Jihad cell in Albania (see Summer 1998). It is believed Ayman al-Zawahiri wrote the statement, which says, “We wish to inform the Americans… of preparations for a response which we hope they read with care, because we shall write it with the help of God in the language they understand.” The bombing of two US embassies in Africa follows two days later (see 10:35-10:39 a.m., August 7, 1998). [CNN, 1/2001; Wright, 2006, pp. 269]

Entity Tags: Islamic Jihad, Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline

Usama al-Kini, a.k.a. Fahid Muhammad Ally Msalam.Usama al-Kini, a.k.a. Fahid Muhammad Ally Msalam. [Source: FBI]Most of the al-Qaeda operatives involved in the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998) leave the country the night before the bombings. Abdullah Ahmed Abdullah and Ahmed Khalfan Ghailani fly from Nairobi to Karachi, Pakistan, on one flight. Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam), Mohammed Saddiq Odeh, and five unnamed bombers fly from Nairobi to Karachi with a stopover in Dubai on another flight. Some use false passports, but others, such as Abdullah, travel in their real name. Two others, Sheikh Ahmed Salim Swedan and Mustafa Fadhil, flew to Pakistan on August 2. Odeh is arrested at 5:30 a.m., Kenya time, while going through customs in Karachi, but the others on his flight are not (see 5:30 a.m., August 7, 1998). Two suicide bombers are killed in the bombings. The only operatives who remain in East Africa after the bombings are Fazul Abdullah Mohammed (a.k.a. Haroun Fazul), who volunteered to clean up the evidence in Kenya, and Khalfan Khamis Mohamed, who volunteered to do the same in Tanzania, plus Mohamed al-Owhali, one of the suicide bombers in Kenya who unexpectedly ran away at the last minute and survived with only minor injuries. [United Press International, 1/2/2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001] Given the extent to which US intelligence was monitoring the members of the Kenyan cell (see April 1996 and May 1998), and even reportedly had multiple informants in the cell (see Before August 7, 1998), it is unclear how the US missed the departure of nearly every suspect from Kenya.

Entity Tags: Sheikh Ahmed Salim Swedan, Usama al-Kini, Mustafa Fadhil, Mohamed al-Owhali, Abdullah Ahmed Abdullah, Mohammed Saddiq Odeh, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Fazul Abdullah Mohammed

Timeline Tags: Complete 911 Timeline

Al-Qaeda operatives plan to bomb the US embassy in Kampala, Uganda, at the same time the embassies in Kenya and Tanzania are bombed (see 10:35-10:39 a.m., August 7, 1998), but there is a delay at the last moment. Police arrest 18 people over the next two weeks before the attack can be carried out. A Ugandan official will later say, “The attacks were planned to be more serious and devastating” than the other two. It is unclear what becomes of these 18 suspects; none of them are tried in the US. [Associated Press, 9/25/1998; Reeve, 1999, pp. 200]

Entity Tags: Al-Qaeda

Timeline Tags: Complete 911 Timeline

At approximately 5:30 in the morning, Kenya time, Mohammed Saddiq Odeh is arrested at the airport in Karachi, Pakistan. Odeh is one of the bombers in the embassy bombings which take place four hours later in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). [United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001]
Odeh Stopped Because of Alert Inspector or CIA? - He had flown out of Nairobi, Kenya, the night before, with his plane stopping in Dubai on the way to Pakistan (see August 6-7, 1998). According to some accounts, an inspector notices that Odeh’s passport picture has a beard, while Odeh does not have a beard and looks different. Furthermore, Odeh is unable to look the inspector in the eyes. But according to UPI, he is stopped because he had been identified by the CIA. In any case, over the next hours, he is handed over to intelligence officers and makes a full confession. He admits that he is a member of al-Qaeda, led by bin Laden, and that he is the head of the al-Qaeda cell in Kenya. He even gives the address of the villa where the bomb was built and the names of the other bombers. [Bergen, 2001, pp. 116; United Press International, 1/2/2001; Associated Press, 4/3/2001; Miller, Stone, and Mitchell, 2002, pp. 213]
False or Mistaken Account by CIA Officer - CIA officer Gary Berntsen heads the CIA’s emergency deployment team to Tanzania in the immediate wake of the bombings. He will improbably claim in a 2005 book that the US at first primarily suspects Hezbollah. According to him, it is only on August 15 when a CIA officer in Karachi happens to notice an article saying that an Arab traveling on a false passport was arrested in Karachi near the time of the bombings. This is discovered to be Odeh, who is transferred to US custody. Only then does al-Qaeda’s involvement become clear. Perhaps to support this timeline, Berntsen also falsely claims that another bomber, Mohamed al-Owhali, is arrested on August 15 when in fact he is arrested three days earlier. [United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001; Berntsen and Pezzullo, 2005]
Odeh's Confession and Other Al-Qaeda Evidence Kept Secret for Days - Publicly, the US does not link any evidence from the bombing to al-Qaeda until August 17, when Odeh’s confession is finally mentioned in front page news stories. Even then, the story is based on accounts from Pakistani officials and US officials say they cannot confirm it. [Washington Post, 8/17/1998] In fact, there is a wealth of information immediately tying al-Qaeda to the bombings that is kept secret, including wiretaps of many of the bombers (see April 1996 and May 1998), informants in the cell (see Before August 7, 1998), and even a statement of responsibility that was intercepted hours before the bombings had occurred (see August 5-7, 1998).

Entity Tags: Mohammed Saddiq Odeh, Mohamed al-Owhali, Central Intelligence Agency, Gary Berntsen, Al-Qaeda

Timeline Tags: Complete 911 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

After the bombings of two US embassies in East Africa (see 10:35-10:39 a.m., August 7, 1998), the British intelligence service MI6 obtains some important information about the attacks, but does not share it with the FBI. MI6 obtains the information from a member of the bombing cell, L’Houssaine Kherchtou, who already has a relationship with MI6 when the attack happens (see Mid-Summer 1998). Kherchtou tries to flee Kenya after the bombing, but, tipped off by the British, local authorities detain him and hand him over to MI6. He is debriefed in Nairobi, but, although the British say they share the information with the CIA, they do not provide it to the FBI, which is investigating the bombing. FBI agent Jack Cloonan will later comment: “[W]e’ve got hundreds of agents on the ground in Kenya and Tanzania trying to figure out what happened. Let me just say it would have been real helpful if the British had told us they had one of the cell members in custody.” Kherchtou helped plan the bombings (see Late 1993-Late 1994) and is handed over to the FBI in the summer of 2000, later becoming a star prosecution witness at the trial (see Summer 2000 and September 2000). [American Prospect, 6/19/2005]

Entity Tags: Jack Cloonan, Central Intelligence Agency, Federal Bureau of Investigation, UK Secret Intelligence Service (MI6), L’Houssaine Kherchtou

Timeline Tags: Complete 911 Timeline

Two days after the US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998), the FBI interview double agent Ali Mohamed over the telephone. Mohamed is living openly in California. He says al-Qaeda is behind the bombings and that he knows who the perpetrators are, but he won’t give their names to the FBI. He also tries to downplay his involvement in the bombings, saying that he lived in Kenya in 1994 and ran front companies for bin Laden there, but when he was shown a file containing a plan to attack the US embassy in Kenya, he “discouraged” the cell members from carrying out the attack. A week later, prosecutors subpoena Mohamed to testify before a grand jury hearing in New York to be held in September. Author Peter Lance will later comment, “Considering that Mohamed had told [US Attorney Patrick] Fitzgerald at their dinner meeting in the fall of 1997 (see October 1997) that he had fake passports and the means to leave the country quickly, it’s mind-boggling how long it took the Feds to search his home…” They do not arrive at his house until August 24 (see August 24, 1998). On August 27, he again tells the FBI on the phone that he knows who the bombers are but again refuses to name names. He will not be arrested until September 10 (see September 10, 1998). [New York Times, 1/13/2001; Lance, 2006, pp. 296]

Entity Tags: Ali Mohamed, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Double agent Ali Mohamed is living openly in Sacramento, California. His computer and telephone are being monitored by the FBI (see October 1997-September 10, 1998). On August 9, two days after the African embassy bombings, he told the FBI on the telephone that he knows who the bombers are but he will not reveal their names (see August 9, 1998). On August 12, one of the bombers, Mohamed al-Owhali, is secretly arrested in Kenya and immediately begins confessing what he knows (see August 12-25, 1998). Somehow al-Qaeda operative Anas al-Liby learns about al-Owhali’s arrest, even though al-Liby is living in Britain, and later that month he calls Mohamed. The call is monitored and FBI agent Jack Cloonan will later recall, “Anas says to [Mohamed], ‘Do you know that brother [al-Owhali]? ‘Cause if you do, get the f_ck out of there.” Mohamed makes plans to escape the US, but strangely he decides to respond to a subpoena and testify in New York City before he goes. He will be arrested there on September 10, just after testifying (see September 10, 1998). [Lance, 2006, pp. 297-298] Remarkably, even though al-Liby worked with Mohamed and others on the embassy bomb plot in Kenya (see Late 1993-Late 1994), he is not arrested and continues to live in Britain. His residence there will not be raided until May 2000, and by that time he will be gone (see May 2000). It will later be alleged that al-Liby is protected because he worked with British intelligence on a plot to kill Libyan leader Colonel Mu’ammar al-Qadhafi (see 1996).

Entity Tags: Federal Bureau of Investigation, Ali Mohamed, Anas al-Liby

Timeline Tags: Complete 911 Timeline

Mohamed al-Owhali is arrested and immediately begins confessing to FBI investigators his role in the recent al-Qaeda bombing of the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998). In addition to revealing the existence of an al-Qaeda network in the US planning an attack there (August 12-25, 1998) and also revealing the phone number of a key al-Qaeda communications hub in Yemen (see Late August 1998), it appears he also reveals al-Qaeda plans for an attack in Yemen. In October 2000, Al-Qaeda operatives bombed the USS Cole in a port in Yemen (see October 12, 2000). In January 2001, in coverage of al-Owhali’s trial for his role in the embassy bombings, a court document mentions that during his interrogation he mentioned “a possible attack in Yemen.” [CNN, 1/19/2001] However, one newspaper notes, “It could not be learned how the authorities followed up on the information or how detailed it was.” [New York Times, 1/18/2001] It will later be revealed that al-Owhali identified the two leaders of the Cole bombing as participants in the planning for the US embassy bombings. [CNN, 10/16/2001]

Entity Tags: Mohamed al-Owhali, Al-Qaeda

Timeline Tags: Complete 911 Timeline

In 1998, President Clinton faces a growing scandal about his sexual relationship with aide Monica Lewinsky, and even faces the possibility of impeachment over the matter. He is publicly interrogated about the scandal on August 17, 1998. Counterterrorism “tsar” Richard Clarke will later claim that he worries Clinton might let the timing of the scandal get in the way of acting on new intelligence to hit Osama bin Laden with a missile strike in retaliation for the recent African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). But Clarke is reassured when Clinton tells his advisers, “Do you all recommend that we strike on the 20th? Fine. Do not give me political advice or personal advice about the timing. That’s my problem. Let me worry about that.” [Clarke, 2004, pp. 185-186] Defense Secretary William Cohen also warns Clinton that he will be criticized for changing the subject from the Lewinsky scandal. [Benjamin and Simon, 2005, pp. 358]
Criticism from Politicians - Clinton gives the go-ahead for the missile strike on August 20th anyway (see August 20, 1998) and is immediately widely criticized for it. In late 1997, there was a popular movie called “Wag the Dog,” based on a fictional president who creates an artificial crisis in order to distract the public from a domestic scandal. Republicans are particularly critical and seize upon a comparison to the movie. House Speaker Newt Gingrich (R-GA) initially supports the missile strike, but later criticizes it as mere “pinpricks.” [9/11 Commission, 7/24/2004, pp. 117] Sen. Arlen Specter (R-PA) says, “The president was considering doing something presidential to try to focus attention away from his personal problems.” [Benjamin and Simon, 2005, pp. 358-359] Sen. Daniel Coats (R-IN) says, “I just hope and pray the decision that was made was made on the basis of sound judgment, and made for the right reasons, and not made because it was necessary to save the president’s job.” [New York Times, 8/4/2004]
Media Criticism - The media is also very critical, despite a lack of any evidence that Clinton deliberately timed the missile strike as a distraction. Television networks repeatedly show clips of the “Wag the Dog” movie after the missile strike. New Yorker journalist Seymour Hersh reports, “Some reporters questioned whether the president had used military force to distract the nation’s attention from the Lewinsky scandal.” [Benjamin and Simon, 2005, pp. 358-359]
9/11 Commission Commentary - The 9/11 Commission will later conclude, “The failure of the strikes, the ‘wag the dog’ slur, the intense partisanship of the period, and the [fact that one of the missile targets probably had no connection to bin Laden (see September 23, 1998)] likely had a cumulative effect on future decisions about the use of force against bin Laden.” [9/11 Commission, 7/24/2004, pp. 118]

Entity Tags: Richard A. Clarke, William S. Cohen, William Jefferson (“Bill”) Clinton, Osama bin Laden, Monica Lewinsky, Daniel Coats, Arlen Specter, Newt Gingrich

Timeline Tags: Complete 911 Timeline

Through its own monitoring of Osama bin Laden’s satellite phone, the CIA determines that he intends to travel to a training camp in Khost, in eastern Afghanistan. The CIA has to use its own equipment to do this because of a dispute with the NSA, which refused to provide it with full details of its intercepts of bin Laden’s calls (see December 1996). Although the CIA can only get half of what the NSA gets, shortly after the attacks on US embassies in East Africa (see 10:35-10:39 a.m., August 7, 1998), it determines that bin Laden will travel to Khost the next day. On that day, the US launches several missile strikes, one of which is against Khost (see August 20, 1998), but bin Laden does not travel there, evading the missiles. Some will later claim that bin Laden changes his mind on the way there for no particular reason, but there will also be allegations that the Pakistani ISI warned him of the upcoming attack (see July 1999). [Wright, 2006, pp. 283]

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

Timeline Tags: Complete 911 Timeline

Around the time of a US missile strike against al-Qaeda leaders (see August 20, 1998), Ayman al-Zawahiri uses Osama bin Laden’s satellite phone to speak to Rahimullah Yusufzai, a leading Pakistani reporter for the BBC and the Karachi-based News. During the call, Al-Zawahiri denies al-Qaeda is responsible for attacks on two US embassies in East Africa, which killed over 200 people (see 10:35-10:39 a.m., August 7, 1998): “Mr. bin Laden has a message. He says, ‘I have not bombed the American embassies in Kenya and Tanzania. I have declared jihad, but I was not involved.’” Although bin Laden’s trial for the embassy bombings in Afghanistan, arranged by the Taliban, collapses when the US fails to provide sufficient evidence of his involvement (see (October 25-November 20, 1998)), bin Laden is generally thought to have known of and authorized the two attacks. [Wright, 2006, pp. 279, 283]

Entity Tags: Rahimullah Yusufzai, Ayman al-Zawahiri, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline

After he is arrested for the Nairobi embassy bombing (see 10:35-10:39 a.m., August 7, 1998), Mohamed al-Owhali is questioned by local Kenyan law enforcement and the FBI, and discloses important information (see August 4-25, 1998). When he is shown photographs of al-Qaeda operatives, one of the people he identifies is Abd al-Rahim al-Nashiri (a.k.a. Bilal), a cousin of another Nairobi bomber. Al-Nashiri is an al-Qaeda leader who helped al-Owhali obtain a false passport in Yemen when al-Owhali stayed at an al-Qaeda safe house in April-May 1998. It is unclear where the FBI obtained the photo of al-Nashiri, although US intelligence was previously informed of al-Nashiri’s involvement in a plot to smuggle anti-tank missiles into Saudi Arabia (see 1997). [Federal Bureau of Investigation, 9/9/1998, pp. 16 pdf file; United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001; Burke, 2004, pp. 174; 9/11 Commission, 7/24/2004, pp. 152-3]

Entity Tags: Abd al-Rahim al-Nashiri, Mohamed al-Owhali, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two days after the US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998), double agent Ali Mohamed told the FBI over the telephone that he knows who the perpetrators are, but he won’t reveal their names (see August 9, 1998). Mohamed is living openly in Sacramento, California, but is not arrested. A week later, he received a subpoena ordering him to testify before a grand jury hearing in New York to be held in September. On August 24, a ten-person team of federal agents secretly search Mohamed’s apartment. They copy computer files and photograph documents. His computer has been bugged since October 1997, but agents nonetheless clone his hard drives. They also copy his CD-Roms and floppy disks and photocopy documents. Then they try to hide any trace that they have been in his apartment. They discover a false passport and a number of training documents. One file, created in May 1998, discusses security measures for terrorist cells and specifically mentions his links to al-Qaeda. They even find documents from the Nairobi al-Qaeda cell and training manuals. [San Francisco Chronicle, 9/21/2001; Raleigh News and Observer, 10/21/2001; Wall Street Journal, 11/26/2001; Lance, 2006, pp. 296] However, he will still not be arrested until September 10 (see September 10, 1998).

Entity Tags: Federal Bureau of Investigation, Ali Mohamed, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Al-Qaeda’s communications hub in Sana’a, Yemen.Al-Qaeda’s communications hub in Sana’a, Yemen. [Source: PBS NOVA]The investigation of the East Africa embassy bombings (see 10:35-10:39 a.m., August 7, 1998) led to the discovery of the phone number of an al-Qaeda communications hub in Sana’a, Yemen (see August 4-25, 1998). The hub is run by an al-Qaeda veteran named Ahmed al-Hada, who is helped by his son Samir and is related to many other al-Qaeda operatives in Yemen and elsewhere. He is also the father in law of 9/11 hijacker Khalid Almihdhar, whose wife, Hoda al-Hada, lives at the hub with their children. [Newsweek, 6/2/2002; Die Zeit (Hamburg), 10/1/2002; MSNBC, 7/21/2004; Suskind, 2006, pp. 94; Wright, 2006, pp. 277, 309, 343, 378] Several of Ahmed al-Hada’s relatives die fighting for al-Qaeda before 9/11, a fact known to US intelligence. [Los Angeles Times, 12/21/2005; Guardian, 2/15/2006] The NSA may already be aware of the phone number, as they have been intercepting Osama bin Laden’s communications for some time (see November 1996-Late August 1998) and, according to Newsweek, “some” of bin Laden’s 221 calls to Yemen are to this phone number. [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002; Media Channel, 9/5/2006] The US intelligence community now begins a joint effort to monitor the number. The NSA and CIA jointly plant bugs inside the house, tap the phones, and monitor visitors with spy satellites. [Mirror, 6/9/2002; Wright, 2006, pp. 343; New Yorker, 7/10/2006 pdf file] US intelligence also learns that the communications hub is an al-Qaeda “logistics center,” used by agents around the world to communicate with each other and plan attacks. [Newsweek, 6/2/2002] The joint effort enables the FBI to map al-Qaeda’s global organization (see Late 1998-Early 2002) and at least three of the hijackers use the number, enabling the NSA to intercept their communications and find out about an important al-Qaeda meeting in Malaysia (see December 29, 1999 and January 5-8, 2000 and Early 2000-Summer 2001). It appears al-Qaeda continues to use this phone line until Samir al-Hada dies resisting arrest in early 2002 (see February 13, 2002).

Entity Tags: National Security Agency, Federal Bureau of Investigation, Samir al-Hada, Khalid Almihdhar, Central Intelligence Agency, Osama bin Laden, Hoda al-Hada, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mohamed al-Owhali, one of the bombers of the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998), is rendered from Kenya to the US. Al-Owhali was arrested in Nairobi after the bombing and gave up information to local authorities and the FBI about it (see August 4-25, 1998 and August 22-25 1998). He will be tried in the US and sentenced to life in prison (see October 21, 2001). [Grey, 2007, pp. 129, 246]

Entity Tags: Mohamed al-Owhali

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Following the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), CIA managers ask Alec Station, the CIA’s bin Laden unit, what it most needs to improve the agency’s capabilities against al-Qaeda. Alec Station chief Michael Scheuer will later say that he raises “our dire need for verbatim reports derived from electronic collection.” This is a reference to his desire to get verbatim transcripts of calls to and from al-Qaeda’s operations hub in Yemen, in particular ones between it and Osama bin Laden in Afghanistan. The NSA has the transcripts, but is refusing to provide them to the CIA, and the two agencies have been at loggerheads over the issue for nearly two years. Alec Station needs the transcripts, not the summaries the NSA provides, because the operatives talk in code on the phone and this code cannot be cracked based on the summaries, only using the transcripts (see February 1996-May 1998, December 1996, After December 1996, and After December 1996). Other senior CIA officers have similar trouble getting transcripts from the NSA. Higher officials order the NSA to comply, and they do, but only for less than 12 requests. Then the system returns to the way it was, with NSA only sharing summaries. [Atlantic Monthly, 12/2004] The reason for the change back is unclear, although bin Laden stops using his satellite phone around this time (see Late August 1998).

Entity Tags: National Security Agency, Alec Station, Central Intelligence Agency, Al-Qaeda, Michael Scheuer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Wadih El Hage.Wadih El Hage. [Source: FBI]On September 15, 1998, Wadih El-Hage is arrested in the US after appearing before a US grand jury. A US citizen, he had been bin Laden’s personal secretary. He will later be convicted for a role in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [New York Times, 9/18/1998]

Entity Tags: Wadih El-Hage

Timeline Tags: Complete 911 Timeline

Mamdouh Mahmud Salim.Mamdouh Mahmud Salim. [Source: FBI]Mamdouh Mahmud Salim (a.k.a. Abu Hajer), an al-Qaeda operative from the United Arab Emirates connected to the 1998 East African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), is arrested at a used car dealership near Munich, Germany. He is arrested by a special commando unit of German police, with CIA agents directing them nearby. The German government has no idea who Salim is, and the US only notified Germany about the planned arrest five hours in advance. [PBS, 9/30/1998; Der Spiegel (Hamburg), 12/12/2005] The 9/11 Congressional Inquiry will later say that Salim was Osama bin Laden’s “right hand man,” and “head of bin Laden’s computer operations and weapons procurement.” He is also “the most senior-level bin Laden operative arrested” up until this time. [New York Times, 9/29/2001; US Congress, 7/24/2003, pp. 51 pdf file] Author Lawrence Wright will later note that bin Laden and Salim worked together in Afghanistan in the 1980s, “forging such powerful bonds that no one could get between them.” Salim was also one of the founding members of al-Qaeda (see August 11-20, 1988) and bin Laden’s personal imam (i.e., preacher). [Wright, 2006, pp. 131, 170] Starting in 1995, Salim had been making frequent visits to Germany. Mamoun Darkazanli, who lives in Hamburg and associates with Mohamed Atta’s al-Qaeda cell, had signing powers over Salim’s bank account. Both men attended Al-Quds mosque, the same Hamburg mosque as future 9/11 hijackers Atta and Marwan al-Shehhi attend. [Vanity Fair, 1/2002] The FBI learns much from Salim about al-Qaeda, and this information could be useful to the US embassy bombings investigation. However, the FBI is unwilling to brief its German counterparts on what it knows about Salim and al-Qaeda. [New York Times, 9/29/2001]

Entity Tags: Osama bin Laden, Mamdouh Mahmud Salim, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Khalid al-Fawwaz, Osama bin Laden’s de facto press secretary, is arrested in London on September 23, 1998. He is arrested with six other suspects, presumably including Ibrahim Eidarous and Adel Abdel Bary. The three of them effectively run the Advice and Reformation Committee (ARC), a bin Laden front in London. Al-Fawwaz is arrested again on September 27 at the request of the US, which issues an extradition warrant for him the same day. On July 12, 1999, Eidarous and Bary are arrested again, as the US issues extradition warrants for them as well. All three are charged in the US for roles in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Apparently, none of them are released before being arrested on the new charges (see July 12, 1999). Presumably, the other three who were originally arrested are released. [New York Times, 9/29/1998; New York Times, 7/13/1999] It is not clear why the three were not arrested earlier, or why they were not charged in Britain. They had been monitored in London for years. Bin Laden called them over 200 hundred times from 1996 to 1998, and they are alleged to have been involved in many plots (see Early 1994-September 23, 1998). For instance, the three received a fax from al-Qaeda operatives taking credit for the embassy bombings hours before the bombings actually took place and passed it on to media outlets (see July 29-August 7, 1998). In 1996, the US requested that Britain should arrest al-Fawwaz, Eidarous, and Bary, but the British decided there wasn’t enough evidence. [Soufan, 2011, pp. 98]

Entity Tags: Ibrahim Eidarous, Adel Abdel Bary, Advice and Reformation Committee, Khalid al-Fawwaz

Timeline Tags: Complete 911 Timeline


Mark Flessner.
Mark Flessner. Two months after the US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998), FBI agent Robert Wright and his Vulgar Betrayal investigation discover evidence they think ties Saudi multimillionaire Yassin al-Qadi to the bombings. Since 1997, Wright had been investigating a suspected terrorist cell in Chicago that was connected to fundraising for Hamas. They discovered what they considered to be clear proof that al-Qadi and other people they were already investigating had helped fund the embassy bombings. Wright asks FBI headquarters for permission to open an investigation into this money trail at this time, but the permission is not granted. Wright will later recall, “The supervisor who was there from headquarters was right straight across from me and started yelling at me: ‘You will not open criminal investigations. I forbid any of you. You will not open criminal investigations against any of these intelligence subjects.’” Instead, they are told to merely follow the suspects and file reports, but make no arrests. Federal prosecutor Mark Flessner, working with the Vulgar Betrayal investigation, later will claim that a strong criminal case was building against al-Qadi and his associates. “There were powers bigger than I was in the Justice Department and within the FBI that simply were not going to let [the building of a criminal case] happen. And it didn’t happen.… I think there were very serious mistakes made. And I think, it perhaps cost, it cost people their lives ultimately.” [ABC News, 12/19/2002] Flessner later will speculate that Saudi influence may have played a role. ABC News will report in 2002, “According to US officials, al-Qadi [has] close personal and business connections with the Saudi royal family.” [ABC News, 11/26/2002] Wright later will allege that FBI headquarters even attempted to shut down the Vulgar Betrayal investigation altogether at this time. He says, “They wanted to kill it.” [ABC News, 12/19/2002] However, he will claim, “Fortunately an assistant special agent in Chicago interceded to prevent FBI headquarters from closing Operation Vulgar Betrayal.” [Federal News Service, 6/2/2003] He claims that a new supervisor will write in late 1998, “Agent Wright has spearheaded this effort despite embarrassing lack of investigative resources available to the case, such as computers, financial analysis software, and a team of financial analysts. Although far from being concluded, the success of this investigation so far has been entirely due to the foresight and perseverance of Agent Wright.” [Federal News Service, 5/30/2002] When the story of this interference in the alleged al-Qadi-embassy bombings connection will be reported in late 2002, Wright will conclude, “September the 11th is a direct result of the incompetence of the FBI’s International Terrorism Unit. No doubt about that. Absolutely no doubt about that. You can’t know the things I know and not go public.” He will remain prohibited from telling all he knows, merely hinting, “There’s so much more. God, there’s so much more. A lot more.” [ABC News, 12/19/2002]

Entity Tags: Yassin al-Qadi, Hamas, US Department of Justice, International Terrorism Unit, Mark Flessner, Robert G. Wright, Jr., Al-Qaeda, Federal Bureau of Investigation, Vulgar Betrayal

Timeline Tags: Complete 911 Timeline

After the Taliban is warned that bin Laden has been accused of involvement in the recent 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), it initiates judicial proceedings against him. But when the US fails to provide Afghanistan’s supreme court with sufficient evidence, bin Laden is acquitted. [Associated Press, 11/20/1998] The Taliban has already received some claims regarding bin Laden’s involvement in terrorism from the US (see August 23, 1998), but these are insufficient and more evidence is requested. Originally, there is no cut-off date for supplying evidence, but when the US does nothing, the Taliban leaders become frustrated and announce a time limit on the inquiry: “If anyone has any evidence of bin Laden’s involvement in cases of terrorism, subversion, sabotage, or any other acts, they should get it to the court before November 20. If by then there is nothing, we will close the case and in our eyes he will be acquitted.” In a November 10 cable the US embassy in Pakistan, which also handles Afghan affairs, comments: “The Taliban appear to many observers not to be totally unreasonable in their demand that the US provide them evidence on bin Laden.” [US Embassy (Islamabad), 11/10/1998 pdf file] The US then sends the Taliban a video of an interview bin Laden gave CNN in 1997, a transcript of his ABC 1998 interview, and a copy of his US indictment for the embassy bombings. [US Department of State, 11/11/1998 pdf file] The inquiry is headed by the country’s chief justice, Noor Mohamed Saqib. After the evidence is found not to be enough and bin Laden is set free, Saqib comments: “It is their shame that they have been silent. America is wrong about bin Laden… Anything that happens now anywhere in the world they blame Osama, but the reality is in the proof and they have not given us any. It’s over and America has not presented any evidence. Without any evidence, bin Laden is a man without sin… he is a free man.” [Associated Press, 11/20/1998] However, the State Department says that it did not “endorse, support, or request” the sharia court trial, but simply wanted bin Laden extradited. A White House spokesperson says, “Without commenting on the rigor of the Taliban judicial system, it is clear that Mr. bin Laden is a proven threat to US national interests.” [US Department of State, 11/11/1998 pdf file; Associated Press, 11/20/1998] The Taliban’s leadership is not satisfied with the outcome of the trial and will subsequently ask the US for help in getting rid of bin Laden (see November 28, 1998).

Entity Tags: US Embassy in Islamabad, US Department of State, Taliban, Noor Mohamed Saqib, Osama bin Laden, Supreme Court of Afghanistan

Timeline Tags: Complete 911 Timeline

Intelligence agents learn Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian), an important al-Qaeda leader, is staying in a particular hotel room in Khartoum, Sudan. White House officials ask that he be killed or captured and interrogated. International capture operations of wanted militants, a practice known as “rendition,” have become routine by the mid-1990s (see 1993). In fact, over a dozen al-Qaeda operatives are rendered between July 1998 and February 2000 (see July 1998-February 2000). But in this case, both the Defense Department and the CIA are against it, although Al-Walid does not even have bodyguards. The CIA puts the operation in the “too hard to do box,” according to one former official. The CIA says it is incapable of conducting such an operation in Sudan, but in the same year, it conducts another spy mission in the same city. [New York Times, 12/30/2001; Clarke, 2004, pp. 143-46] A plan is eventually made to seize Al-Walid, but by then he has left the country. [New York Times, 12/30/2001]

Entity Tags: US Department of Defense, Central Intelligence Agency, Mahfouz Walad Al-Walid, Clinton administration

Timeline Tags: Complete 911 Timeline

In an interview for Time magazine held on this date, Osama bin Laden is asked whether he was responsible for the August 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). He replies, “If the instigation for jihad against the Jews and the Americans in order to liberate [Islamic shrines in Mecca and Medina] is considered a crime, then let history be a witness that I am a criminal. Our job is to instigate and, by the grace of God, we did that—and certain people responded to this instigation.… I am confident that Muslims will be able to end the legend of the so-called superpower that is America.” He admits knowing certain people accused of being behind the bombing, such as Wadih El-Hage and Mamdouh Mahmud Salim, but denies they had any connection to the bombings. [Time, 1/11/1999; Globe and Mail, 10/5/2001]

Entity Tags: Osama bin Laden, Wadih El-Hage, Mamdouh Mahmud Salim

Timeline Tags: Complete 911 Timeline

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