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Context of 'June 11, 2002: Rumsfeld Says Padilla Detained for Intelligence Purposes, Not Law Enforecement'

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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

In mid-November 2001, the Washington Post will report that senior Air Force officials are upset they have missed opportunities to hit top al-Qaeda and Taliban leaders since the start of the bombing of Afghanistan. According to these officials, the Air Force believes it has the leaders in its crosshairs as many as ten times, but they are unable to receive a timely clearance to fire. Cumbersome approval procedures, a concern not to kill civilians, and a power play between the Defense Department and the CIA contribute to the delays. One anonymous Air Force official later says, “We knew we had some of the big boys. The process is so slow that by the time we got the clearances, and everybody had put in their 2 cents, we called it off.” The main problem is that commanders in the region have to ask for permission from General Tommy Franks, based in Central Command headquarters in Tampa, Florida, or even Defense Secretary Rumsfeld and other higher-ups. Air Force generals complain to Franks about the delay problem, but never receive a response. For example, at one point in October, a Taliban military convoy is moving north to reinforce front line positions. Targeters consider it an easy mark of clear military value. But permission from Central Command is denied on the suspicion that the target is so obvious that “it might be a trick.” In another example, a target is positively identified by real-time imagery from a Predator drone, but Central Command overrides the decision to strike, saying they want a second source of data. An anonymous official calls this request for independent verification of Predator imagery “kind of ridiculous.” [Washington Post, 11/18/2001] The London Times paraphrase officials who claim that, “Attempts to limit collateral damage [serve] merely to prolong the war, and force the Pentagon to insert commandos on the ground to hunt down the same targets.” [London Times, 11/19/2001] By the end of the war, only one top al-Qaeda leader, Mohammed Atef, is killed in a bombing raid (see November 15, 2001), and no top Taliban leaders are killed.

Entity Tags: US Department of Defense, Taliban, Donald Rumsfeld, Thomas Franks, Al-Qaeda, Central Intelligence Agency, Mohammed Atef

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Mohammed Atef.Mohammed Atef. [Source: FBI]Al-Qaeda leader Mohammed Atef (a.k.a. Abu Hafs) is believed to have been killed in Gardez, near Kabul, Afghanistan. Atef is considered al-Qaeda’s military commander, and one of its top leaders. Initial reports claim he was killed by a US bombing raid, but later reports will reveal he was hit by Hellfire missile fired from a Predator drone. [US Department of State, 11/16/2001; ABC News, 11/17/2001; Newsweek, 11/11/2002] CIA Director George Tenet will later indicate that Atef was “a key player in the 9/11 attacks,” but the exact nature of his role has not been revealed. [Tenet, 2007, pp. 187] Documents and videotapes are discovered by US forces in the rubble after the raid. Details on two upcoming al-Qaeda attacks are discovered. Investigators examining the videotapes find images of about 50 al-Qaeda operatives (see November 15-Late December 2001). [Suskind, 2006, pp. 57]

Entity Tags: Al-Qaeda, Mohammed Atef

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

In Doha, Qatar, Defense Secretary Donald Rumsfeld says the purpose of detaining “enemy combatant” Jose Padilla (see June 10, 2002) is to obtain information from him. “Our interest, really, in this case, is not law enforcement,” he says. “It is not punishment. Because he was a terrorist or working with the terrorists, our interest at the moment is to try to find out everything he knows so hopefully we can stop other terrorist acts.” To illustrate his argument, Rumsfeld describes a recent situation in which intelligence gained from a prisoner in Kandahar, Afghanistan, led to the prevention of three terrorist attacks in Singapore (this may be a garbled reference to the killing of Mohammed Atef, see November 15, 2001 and November 15-Late December 2001). “If someone had said when we found that information or that person, ‘Well, now, let’s arrest the person and let’s start the process of punishing that person for having done what he did,’ we never would have gotten that information, and people would have died.” [American Forces Press Service, 6/11/2002]

Entity Tags: Donald Rumsfeld, Jose Padilla

Timeline Tags: Torture of US Captives

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

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam).Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam). [Source: FBI]The New York Times reports that 10 out of the 24 al-Qaeda leaders considered most important by the CIA before 9/11 have been killed or captured. [New York Times, 9/10/2002] The four most important figures considered still at large are:
bullet Osama bin Laden (Saudi). He will be killed in 2011 (see May 2, 2011).
bullet Ayman al-Zawahiri (Egyptian).
bullet Khalid Shaikh Mohammed (Kuwaiti/Pakistani). He will be captured in 2003 (see February 29 or March 1, 2003).
bullet Saif al-Adel (Egyptian).
Other figures considered still at large are:
bullet Abdullah Ahmed Abdullah (Egyptian).
bullet Mustafa Muhammad Fadhil (Egyptian).
bullet Mushin Musa Matwalli Atwah (Egyptian). He will be killed in 2006 (see April 12, 2006).
bullet Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam) (Kenyan). He will be killed in 2009 (see January 1, 2009).
bullet Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) (Comoros Islander). He will be killed in 2011 (see June 10, 2011).
bullet Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian) (Mauritanian).
bullet Amin ul-Haq (Afghan).
bullet Midhat Mursi (Egyptian). He will be killed in 2008 (see July 28, 2008).
bullet Anas al-Liby (Libyan). He may have been secretly captured already (see January 20, 2002- March 20, 2002).
bullet Suliman abu Ghaith (Kuwaiti).
bullet Saad bin Laden (Saudi). He apparently will be killed in 2009 (see July 22, 2009).
bullet Mustafa Ahmed al-Hawsawi (Saudi). He will be captured in 2003 (see February 29 or March 1, 2003). [New York Times, 9/10/2002]
The four leaders captured are:
bullet Abu Zubaida (Palestinian) (see March 28, 2002).
bullet Abdul Rahim al-Sharqawi (Yemeni) (see Late 2001 and February 7, 2002).
bullet Ibn al-Shaykh al-Libi (Libyan) (see December 19, 2001).
bullet Abu Zubair al-Haili (Saudi) (see June 8, 2002 and After). [New York Times, 9/10/2002]
Five of the six leaders believed killed are:
bullet Mohammed Atef (Egyptian) (see November 15, 2001).
bullet Abu Jaffa (a.k.a. Abu Jafar al-Jaziri) (Algerian).
bullet Abu Salah al-Yemeni (Yemeni).
bullet Tariq Anwar al-Sayyid Ahmad (Egyptian).
bullet Muhammad Salah (a.k.a. Nasr Fahmi Nasr Hasanayn) (Egyptian). [New York Times, 9/10/2002]
The sixth leader believed killed is not named. One year after 9/11, US intelligence identifies 20 current high-ranking al-Qaeda leaders, though it is not mentioned who the six new leaders are who replaced some of the killed or captured leaders. [New York Times, 9/10/2002] This list of leaders, while instructive, is curiously incomplete because it fails to mention al-Qaeda leaders known as important to US intelligence before 9/11, such as Hambali, Khallad bin Attash, Abd al-Rahim al-Nashiri, Thirwat Salah Shehata, Mustafa Abu al-Yazid, Ahmed Khalfan Ghailani, and Mohammed Jamal Khalifa.

Entity Tags: Mushin Musa Matwalli Atwah, Muhammad Salah, Mohammed Atef, Mustafa Ahmed al-Hawsawi, Suliman abu Ghaith, Saif al-Adel, Saad bin Laden, Usama al-Kini, Midhat Mursi, Mahfouz Walad Al-Walid, Osama bin Laden, Ibn al-Shaykh al-Libi, Abu Jaffa, Abdullah Ahmed Abdullah, Abdul Rahim al-Sharqawi, Abu Salah al-Yemeni, Abu Zubaida, Abu Zubair al-Haili, Anas al-Liby, Fazul Abdullah Mohammed, Ayman al-Zawahiri, Khalid Shaikh Mohammed, Amin ul-Haq, Al-Qaeda

Timeline Tags: Complete 911 Timeline

A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).

Entity Tags: US Department of Justice, Richard (“Dick”) Cheney, Al-Qaeda, Jose Padilla, Abu Zubaida, Michael Mukasey, Paul Clement

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

Wanted poster for John Doe #2, left, and Jose Padilla, right.
Wanted poster for John Doe #2, left, and Jose Padilla, right. [Source: Public domain, via Village Voice]A judge reaffirms the right of Jose Padilla, a US citizen being held as an “enemy combatant,” to meet with a lawyer (see June 10, 2002; December 4, 2002). The same judge ruled that he could meet with a lawyer in December 2002, but the government continues to challenge the ruling and continues to block his access to a lawyer. [Associated Press, 3/11/2003] Later in the month, the government tells the judge it is planning to ignore his order and will appeal the case. [Associated Press, 3/26/2003] While it may be completely coincidental, the Village Voice has noticed that Padilla is a “dead ringer” for the never found “John Doe #2” of the 1995 Oklahoma City bombing, and other evidence could tie him to it. [Village Voice, 3/27/2002; Village Voice, 6/13/2002]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives, Civil Liberties

The FBI issues a reward of $5 million for information on Adnan Shukrijumah, starting a world-wide manhunt that will last for years. Shukrijumah lived in the same area as most of the 9/11 hijackers and was reportedly seen with Mohamed Atta in the spring of 2001 (see May 2, 2001), when he was being investigated by the FBI over two terrorist plots (see April-May 2001 and (Spring 2001)). Information gleaned from detainees suggests that Shukrijumah is a top al-Qaeda operative who was trained in Afghanistan and is associated with 9/11 architect Khalid Shaikh Mohammed and Jose Padilla (see June 10, 2002). In May 2004 Attorney General John Ashcroft will even single out Shukrijumah as the most dangerous al-Qaeda operative planning to attack the US. However, despite reported sightings in Central America, he is still on the run in 2006 and believed to be hiding in the tribal areas of Pakistan. [US News and World Report, 4/7/2003; USA Today, 6/15/2003; FrontPage Magazine, 10/27/2003; 9/11 Commission, 8/21/2004, pp. 40-41 pdf file; Los Angeles Times, 9/3/2006]
Flight Training - US authorities claim he is a pilot and has been receiving flight training outside the US for several years, though they do not release any evidence to substantiate this. His family insists that he is neither a qualified pilot nor an al-Qaeda operative. [USA Today, 6/15/2003; CNN, 9/5/2003] A senior Bush administration official says the government has evidence Shukrijumah had attended the Airman Flight School in Norman, Oklahoma, but does not say when. Other Islamist militants, including Zacarias Moussaoui, attended that school before 9/11 (see February 23-June 2001, May 18, 1999 and May 15, 1998). The director of the school claims there is no evidence of a student with any of Shukrijumah’s publicly revealed aliases. [New York Times, 3/21/2003]

Entity Tags: John Ashcroft, Adnan Shukrijumah, Federal Bureau of Investigation, Mohamed Atta

Timeline Tags: Complete 911 Timeline

In the evening of March 11, 2004, a group claims responsibility for the Madrid train bombings that took place that morning. The London-based Arabic Al-Quds Al-Arabi newspaper claims to have been sent a letter from a group called the Abu Hafs al-Masri Brigades. Abu Hafs is an common alias for al-Qaeda leader Mohammed Atef, who was killed in Afghanistan in 2001 (see November 15, 2001). The newspaper received similar letters claiming responsibility for previous incidents. However, some of the group’s claims have been patently false. For instance, the group took credit for the August 14, 2003 blackout in the northeastern US that was caused by technical failure. The Guardian comments, “The authenticity of such letters is difficult to establish, and might anyway be an attempt to spread fear and confusion.” [Sydney Morning Herald, 11/18/2003; Guardian, 3/12/2004] The group will soon stop making claims for attacks and slowly fade away. It is unknown if it ever had any real link to al-Qaeda. But in the crucial first hours after the Madrid bombings, the letter begins to shift public opinion to the possibility that al-Qaeda might be responsible.

Entity Tags: Abu Hafs al-Masri Brigades

Timeline Tags: Complete 911 Timeline

Jose Padilla being escorted by federal agents in January 2006.Jose Padilla being escorted by federal agents in January 2006. [Source: Alan Diaz / Associated Press]Jose Padilla, a US citizen and “enemy combatant” alleged to be an al-Qaeda terrorist (see May 8, 2002) and held without charges for over three years (see October 9, 2005), is charged with being part of a North American terrorist cell that sent money and recruits overseas to, as the indictment reads, “murder, maim, and kidnap.” The indictment contains none of the sensational allegations that the US government has made against Padilla (see June 10, 2002), including his supposed plan to detonate a “dirty bomb” inside the US (see Early 2002) and his plans to blow up US hotel and apartment buildings (see March 2002). Nor does the indictment accuse Padilla of being a member of al-Qaeda. Attorney General Alberto Gonzales says, “The indictment alleges that Padilla traveled overseas to train as a terrorist (see September-October 2000) with the intention of fighting a violent jihad.” He refuses to say why the more serious charges were not filed. Some provisions of the Patriot Act helped the investigation, Gonzales adds: “By tearing down the artificial wall that would have prevented this kind of investigation in the past, we’re able to bring these terrorists to justice,” he says. The Padilla case has become a central part of the dispute over holding prisoners such as Padilla without charge; by charging Padilla with lesser crimes, the Bush administration avoids the possibility of the Supreme Court ruling that he and other “enemy combatants,” particularly American citizens, must either be tried or released. Law professor Eric Freedman says the Padilla indictment is an effort by the administration “to avoid an adverse decision of the Supreme Court.” Law professor Jenny Martinez, who represents Padilla, says: “There’s no guarantee the government won’t do this again to Mr. Padilla or others. The Supreme Court needs to review this case on the merits so the lower court decision is not left lying like a loaded gun for the government to use whenever it wants.” Padilla’s lawyers say the government’s case against their client is based on little more than “double and triple hearsay from secret witnesses, along with information allegedly obtained from Padilla himself during his two years of incommunicado interrogation.” Padilla will be transferred from military custody to the Justice Department, where he will await trial in a federal prison in Miami. He faces life in prison if convicted of conspiracy to murder, maim, and kidnap overseas. The lesser charges—providing material support to terrorists and conspiracy—carry maximum prison terms of 15 years each. [Associated Press, 11/22/2005; Fox News, 11/23/2005]
'Dirty Bomb' Allegations 'Not Credible,' Says Former FBI Agent - Retired FBI agent Jack Cloonan, an expert on al-Qaeda, later says: “The dirty bomb plot was simply not credible. The government would never have given up that case if there was any hint of credibility to it. Padilla didn’t stand trial for it, because there was no evidence to support it.” [Vanity Fair, 12/16/2008]
Issue with CIA Videotapes - In 2002, captured al-Qaeda leader Abu Zubaida identified Padilla as an al-Qaeda operative (see Mid-April 2002) and the government cited Zubaida as a source of information about Padilla after Padilla’s arrest. Yet, sometime this same month, the CIA destroys the videotapes of Zubaida’s interrogations from the time period where he allegedly identified Padilla (see November 2005). The Nation’s Aziz Huq will later comment: “Given the [Bush] administration’s reliance on Zubaida’s statements as evidence of Padilla’s guilt, tapes of Zubaida’s interrogation were clearly relevant to the Padilla trial.… A federal criminal statute prevents the destruction of any record for a foreseeable proceeding, even if the evidence is not admissible.… [I]t seems almost certain that preservation of the tapes was legally required by the Jose Padilla prosecution.” [Nation, 12/11/2007]

Entity Tags: Jenny Martinez, Jose Padilla, US Supreme Court, Jack Cloonan, Eric Freedman, Alberto R. Gonzales, Bush administration (43), Al-Qaeda, Aziz Huq, Central Intelligence Agency

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

Top: Ramzi bin al-Shibh (left) shaking hands with Mohammed Atef (right). Bottom: Bin al-Shibh (left) with bin Laden (right).Top: Ramzi bin al-Shibh (left) shaking hands with Mohammed Atef (right). Bottom: Bin al-Shibh (left) with bin Laden (right). [Source: Al Jazeera]Al Jazeera television broadcasts previously unseen footage of Osama bin Laden meeting with Ramzi bin al-Shibh, who was a roommate and close associate of some of the 9/11 hijackers. The footage is said to have been released by al-Qaeda’s production company, As-Sahab, in time for the fifth anniversary of the 9/11 attacks. Bin al-Shibh is seen sitting and talking with bin Laden and al-Qaeda military leader Mohammed Atef. Atef was killed in November 2001 (see November 15, 2001), so the footage has to be from before then, but it is unknown if it was filmed before or after 9/11. Bin Laden is also shown strolling through an Afghanistan training camp meeting followers. Al Jazeera says some of these followers include some of the 9/11 hijackers, but their faces are not seen so it is unclear if this is the case. But bin Laden addresses the camera at one point and says of his followers preparing for missions, “I ask you to pray for them and to ask God to make them successful, aim their shots well, set their feet strong, and strengthen their hearts.” The video also includes the last testaments of two of the hijackers, Wail Alshehri and Hamza Alghamdi filmed in Kandahar, Afghanistan in March 2001 (see September 7, 2006 and (December 2000-March 2001)). [Associated Press, 9/7/2006; CNN, 9/8/2006]

Entity Tags: Wail Alshehri, Ramzi bin al-Shibh, Hamza Alghamdi, Mohammed Atef, As-Sahab, Osama bin Laden

Timeline Tags: Complete 911 Timeline

May 14, 2007: Padilla Trial Begins

The trial of suspected al-Qaeda operative Jose Padilla begins in a Miami criminal court. Padilla is charged with conspiring to “murder, kidnap, and maim” people overseas. The charges include no allegations of a “dirty bomb” plot or other plans for US attacks, as have been alleged by Bush administration officials (see June 10, 2002). Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), also face charges of supporting terrorist organizations. “The defendants were members of a secret organization, a terrorism support cell, based right here in South Florida,” says prosecutor Brian Frazier in his opening statement. “The defendants took concrete steps to support and promote this violence.” Defense attorneys argue that Padilla, Hassoun, and Jayyousi are peaceful Muslims interested in studying their religion and helping their fellow Muslims in war-ravaged areas of the world. Padilla’s attorney, Anthony Natale, calls the case against his client the product of “the politics of fear” in the aftermath of the 9/11 attacks. “Political crises can cause parts of our government to overreach. This is one of those times,” he says. “He’s a young man who has been wrongly accused.” Hassoun’s attorney, Jeanne Baker, says: “The government really is trying to put al-Qaeda on trial in this case, and it doesn’t belong in this courtroom. There’s a lot of rhetoric, but there’s no evidence.” Much of the evidence against the three consists of FBI wiretaps, documents, and witness statements. One of the strongest pieces of evidence against Padilla is his application to attend an al-Qaeda training camp in Afghanistan in July 2000 (see September-October 2000). Prosecutors say Hassoun recruited Padilla when they met in a Florida mosque. “Jose Padilla was an al-Qaeda terrorist trainee providing the ultimate form of material support—himself,” says Frazier. “Padilla was serious, he was focused, he was secretive. Padilla had cut himself off from most things in his life that did not concern his radical view of the Islamic religion.” [Associated Press, 5/14/2007]

Entity Tags: Kifah Wael Jayyousi, Adham Amin Hassoun, Al-Qaeda, Anthony Natale, Brian Frazier, Bush administration (43), Jose Padilla, Jeanne Baker, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Convicted terrorism conspirator Jose Padilla (see January 22, 2008) sues former Justice Department lawyer John Yoo. Padilla claims Yoo’s legal arguments led to his mistreatment and illegal detention at a US Navy brig. Padilla’s lawsuit says that Yoo’s memos led President Bush to designate Padilla as an “enemy combatant” (see June 10, 2002) and subject him to indefinite detention without being charged or having access to a lawyer. The lawsuit asks for only $1 in damages, and seeks a legal judgment declaring that the policies violated the US Constitution. “This is ultimately about right and wrong, not money,” says Padilla’s attorney Jonathan Freiman, a law professor at Yale University. Freiman says Yoo is being sued because “he gave the green light” to how to deal with Padilla. The lawsuit reiterates claims that Padilla was subjected to harsh interrogation techiques and mistreatment that amounted to torture, claims Justice Department and Pentagon officials deny. [Associated Press, 1/4/2008]

Entity Tags: US Department of Defense, John C. Yoo, Jose Padilla, US Department of Justice, Jonathan Freiman

Timeline Tags: Torture of US Captives

Jose Padilla (see May 14, 2007), convicted in August 2007 of conspiring to assist terrorist organizations such as al-Qaeda, is sentenced for his crimes. Padilla was not charged with plotting to detonate a radioactive “dirty bomb,” as Bush administration officials have long alleged (see June 10, 2002). He is sentenced to over 17 years in prison, but is not sentenced to life in prison, as Judge Marcia Cooke could have given him. Cooke gives Padilla some credit for his detention in a US naval brig, and agrees that he was subjected to what she calls “harsh conditions” and “extreme environmental stresses” while there. “I do find that the conditions were so harsh for Mr. Padilla… they warrant consideration in the sentencing in this case,” she rules. Padilla does not get credit for time served. Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), are also convicted; Hassoun receives over 15 years in prison and Jayyousi is sentenced to over 12 years. Cooke says that the prosecution failed to prove that either defendant was responsible for any specific acts of terrorism. “There is no evidence that these defendants personally maimed, kidnapped, or killed anyone in the United States or elsewhere,” she rules. The reactions from the defendants’ lawyers and family members are mixed. “I feel good about everything. This is amazing,” says Padilla’s mother, Estela Lebron. Hassoun’s lawyer, Jeanne Baker, calls the verdict “a defeat for the government.” And Jayyousi’s lawyer, William Swor, says: “The government has not made America any safer. It has just made America less free.” [Associated Press, 1/22/2008] Padilla will serve his prison sentence at a so-called “supermax” prison facility in Colorado. Domestic terrorists such as Terry Nichols, convicted of conspiring to bomb a federal building in Oklahoma City (see Late 1992-Early 1993 and Late 1994), “Unabomber” Ted Kaczynski (see April 3, 1996), and al-Qaeda operative Zacarias Moussaoui (see April 22, 2005) are also held at this facility. [Jurist, 4/19/2008]

Entity Tags: Marcia Cooke, William Swor, Kifah Wael Jayyousi, Jeanne Baker, Adham Amin Hassoun, Al-Qaeda, Jose Padilla, Estela Lebron, Bush administration (43)

Timeline Tags: Torture of US Captives

Milt Bearden, a retired 30-year CIA veteran who served as senior manager for clandestine operations, writes: “The [Bush] administration’s claims of having ‘saved thousands of Americans’ can be dismissed out of hand because credible evidence has never been offered—not even an authoritative leak of any major terrorist operation interdicted based on information gathered from these interrogations in the past seven years. All the public gets is repeated references to Jose Padilla (see June 10, 2002), the Lackawanna Six (see April-August 2001), the Liberty Seven (see June 23, 2006), and the Library Tower operation in Los Angeles (see October 2001-February 2002). If those slapstick episodes are the true character of the threat, then maybe we’ll be okay after all. When challenged on the lack of a game-changing example of a derailed operation, administration officials usually say that the need to protect sources and methods prevents revealing just how enhanced interrogation techniques have saved so many thousands of Americans. But it is irresponsible for any administration not to tell a credible story that would convince critics at home and abroad that this torture has served some useful purpose.” Bearden suggests that the CIA might have been permanently “broken” by its use of torture, and that some US officials will likely face the threat of being arrested overseas on torture charges for years to come. [Washington Independent, 7/1/2008]

Entity Tags: Milt Bearden, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A newly released government threat analysis shows that slain trust-fund millionaire James G. Cummings, an American Nazi sympathizer from Maine who was killed by his wife Amber in December 2008, possessed the radioactive components necessary to build a so-called “dirty bomb.” Cummings, infuriated by the election of Barack Obama to the presidency, purchased depleted uranium over the Internet from an American company.
FBI Confiscates Radioactive Materials - The Bangor Daily News reports, “According to an FBI field intelligence report from the Washington Regional Threat and Analysis Center posted online by WikiLeaks, an organization that posts leaked documents, an investigation into the case revealed that radioactive materials were removed from Cummings’s home after his shooting death on December 9.” According to the Washington Regional Threat and Analysis Center: “Amber [Cummings] indicated James was very upset with Barack Obama being elected president. She indicated James had been in contact with ‘white supremacist group(s).’ Amber also indicated James mixed chemicals in the kitchen sink at their residence and had mentioned ‘dirty bombs.’” An FBI search of the Cummings home found four jars of depleted uranium-238 labeled “uranium metal” and the name of an unidentified US corporation, another jar labeled “thorium” and containing that material, and a second, unlabeled jar which also contained thorium-232. Other materials found in Cummings’s home were consistent with the manufacture of an explosive device, which if detonated could have spread radioactive debris throughout a relatively large local area. The FBI also found information on how to build “dirty bombs,” and information about cesium-137, strontium-90, cobalt-60, and other radioactive materials. FBI evidence shows Cummings had numerous ties to a variety of right-wing white supremacist groups. Cummings also owned a collection of Nazi memorabilia which, according to local tradesmen, he proudly displayed throughout his home. Police reports show that Cummings has a long history of violence. Amber Cummings contends she is innocent of her husband’s murder by reason of insanity, and claims she suffered years of mental, physical, and sexual abuse at his hands. The Department of Homeland Security has refused to comment on the incident. [Bangor Daily News, 2/10/2009; Raw Story, 3/9/2009] Local law enforcement officials downplay the threat Cummings posed, and the national media virtually ignores the story. [Time, 9/30/2010]
Later Information Shows Depth of Threat Posed by Cummings - Additional information gleaned by Time reporter Barton Gellman from Cummings’s notes and records later shows that the threat posed by Cummings was even more serious than initially reported. Cummings had applied to join the National Socialist Party (the American Nazi organization), and had detailed plans on how to assassinate President-elect Obama. Gellman will call Cummings “a viciously angry and resourceful man who had procured most of the supplies for a crude radiological dispersal device and made some progress in sketching a workable design.” Gellman says that in his attempt to construct a nuclear weapon, Cummings “was far ahead of Jose Padilla, the accused al-Qaeda dirty-bomb plotter (see June 10, 2002), and more advanced in his efforts than any previously known domestic threat involving a dirty bomb.” The materials were later confirmed to be the radioactive materials they were labeled as being; Amber Cummings will say that her husband bought them under the pretense of conducting legal research for a university. Although the materials Cummings had would not, themselves, succeed in unleashing large amounts of radiation over a large area, he was actively searching for three ingredients that would serve such a purpose: cobalt-60, cesium-137, and strontium-90. He had succeeded in manufacturing large amounts of TATP, an explosive favored by Islamist suicide bombers and brought on board an aircraft by “shoe bomber” Richard Reid (see December 22, 2001). “His intentions were to construct a dirty bomb and take it to Washington to kill President Obama,” Amber Cummings says. “He was planning to hide it in the undercarriage of our motor home.” She says her husband had practiced crossing checkpoints with dangerous materials aboard, taking her and their daughter along for an image of innocence. Maine state police detective Michael McFadden, who participated in the investigation throughout, says he came to believe that James Cummings posed “a legitimate threat” of a major terrorist attack. “When you’re cooking thorium and uranium under your kitchen sink, when you have a couple million dollars sitting in the bank and you’re hell-bent on doing something, I think at that point you become someone we want to sit up and pay attention to,” he says. “If she didn’t do what she did, maybe we would know Mr. Cummings a lot better than we do right now.” [Time, 9/30/2010]

Entity Tags: Washington Regional Threat and Analysis Center, US Department of Homeland Security, Michael McFadden, Jose Padilla, Amber Cummings, Federal Bureau of Investigation, James G. Cummings, Richard C. Reid, WikiLeaks

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

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