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Context of 'July 15, 2002: Trial of John Walker Lindh Ends in Plea Agreement; Many Charges, Allegations of Abuse Dropped'

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President Clinton signs into law the Brady Handgun Violence Prevention Act, sometimes called the “Brady Bill,” which imposes a waiting period for handgun purchases. Many gun enthusiasts are infuriated by the new law. The Southern Poverty Law Center will later observe that the “Brady Bill” and a 1994 ban on some assault weapons (see September 13, 1994) help spark the nascent militia movement. [Southern Poverty Law Center, 6/2001; US Government Info, 2010]

Entity Tags: Brady Handgun Violence Prevention Act, William Jefferson (“Bill”) Clinton, Southern Poverty Law Center

Timeline Tags: Civil Liberties, US Domestic Terrorism

An “umbrella” militia organization called the Tri-States Militia holds an organizing meeting. Group founder John Parsons, a South Dakota militia figure, tells the assembled militia members, “There is a thunder rolling across this country, and what you’re looking at is the lightning bolt in that thunder.” One of the Tri-States council members is Bradley Glover (see July 4-11, 1997). Part of the meeting is open to the press; Glover tells reporters: “We have two arms. The political side and the military side. We hope the political approach will solve our country’s problems, but if the situation deteriorates to the point where they deny our political efforts then we have the other side.” He tells the reporters that militias are little more than the “original neighborhood watch.” But one attendee at the meeting, recalling Glover’s statements in the portion of the meeting closed to the press, will call him a “crazy and dangerous” person who tried to push others into overt action at the meeting. Glover and other Tri-States members do not know that Parsons is a paid FBI informant who is earning $1,800 a month to run the Tri-States “National Information Center.” After members learn of Parsons’s FBI connections during the bombing conspiracy trial of militia leader Willie Ray Lampley (see November 9, 1995), the organization dissolves, with members accusing each other of a variety of crimes. Alabama militiaman Mike Vanderboegh accuses Glover of being an “agent provocateur,” paid by the government to encourage “patriots” to commit illegal acts and bring law enforcement down upon them. Vanderboegh says Glover “was tossed out of the organization for scaring little old ladies on patriot shortwave with tales of millions of jabbering communists poised to invade from Mexico… his mental health was the subject of intense and frequent debate during his association with Tri-States, and from personal observation I would say that he is either looney tunes or crazy like a fox.… It would be fair to say that he is an unstable personality with paranoid ideations [sic]. He started out with a pretty fair constitutional militia unit in Kansas, but his inherent instability caused most of his troops to vote with their feet to other, more responsible commanders (i.e., non-nutburgers that didn’t propose to START a war). Glover has a serious John Brown complex and has spoken of sparking the second American Civil War. He just can’t seem to figure out where Harper’s Ferry is at.” With his credibility among “mainstream” militia members in question, Glover will begin associating with more radical, violence-prone anti-government extremists. [Mark Pitcavage, 1997]

Entity Tags: Federal Bureau of Investigation, Bradley Glover, Willie Ray Lampley, Tri-States Militia, Mike Vanderboegh, John Parsons

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Torture of US Captives, War in Afghanistan

At the Justice Department, an attorney-adviser in the Professional Responsibility Advisory Office (PRAO) named Jesselyn Radack provides a federal prosecutor in the terrorism and violent crimes section of the Criminal Division with advice on John Walker Lindh’s case. She informs him that “The FBI wants to interview American Taliban member John Walker [Lindh] some time next week… about taking up arms against the US.” She also writes: “I consulted with a senior legal adviser here at PRAO and we don’t think you can have the FBI agent question Walker. It would be a pre-indictment, custodial overt interview, which is not authorized by law.” She also advises him to have the FBI agent inform Lindh that his parents hired attorneys for him and ask him whether he wants to be represented by them. [Newsweek, 12/7/2001] In 2009, Radack will recall: “I was called with the specific question of whether or not the FBI on the ground could interrogate [Lindh] without counsel. And I had been told unambiguously that Lindh’s parents had retained counsel for him (see December 3-5, 2001). I gave that advice on a Friday, and the same attorney at Justice who inquired called back on Monday and said essentially, ‘Oops, they did it anyway. They interrogated him anyway. What should we do now?’ My office was there to help correct mistakes. And I said, ‘Well, this is an unethical interrogation, so you should seal it off and use it only for intelligence-gathering purposes or national security, but not for criminal prosecution.’ A few weeks later, Attorney General Ashcroft held one of his dramatic press conferences, in which he announced a complaint being filed against Lindh. He was asked if Lindh had been permitted counsel. And he said, in effect, ‘To our knowledge, the subject has not requested counsel.’ That was just completely false. About two weeks after that he held another press conference, because this was the first high-profile terrorism prosecution after 9/11. And in that press conference he was asked again about Lindh’s rights, and he said that Lindh’s rights had been carefully, scrupulously guarded, which, again, was contrary to the facts, and contrary to the picture that was circulating around the world of Lindh blindfolded, gagged, naked, bound to a board.” [Vanity Fair, 2/2009] Shortly thereafter, Radack will be fired from, and investigated by, the Justice Department (see Late December 2001 - 2002).

Entity Tags: John Ashcroft, Jesselyn Radack, John Walker Lindh, US Department of Justice

Timeline Tags: Torture of US Captives, War in Afghanistan

Jesselyn Radack.Jesselyn Radack. [Source: Whistleblower (.org)]Justice Department legal ethics adviser Jesselyn Radack is subjected to intensive harassment and scrutiny by her employer after she consulted with a Criminal Division lawyer over the John Walker Lindh (“American Taliban”) case (see December 7, 2001).
Suddenly Fired - After Radack contradicts the department’s story on Lindh and his supposed failure to request legal counsel, she is suddenly fired when an unscheduled performance evaluation gives her poor ratings. Less than a year before, her performance evaluation had earned her a promotion and a merit bonus.
Leaks E-Mails to Reporter, Lindh Case Derailed - When she learns that the Justice Department has failed to turn over a number of e-mails concerning Lindh to a federal judge as requested, Radack turns over the e-mails to reporter Michael Isikoff of Newsweek. “I wasn’t in my mind saying, ‘Gee, I want to be a whistle-blower,’” she will later say. “I was just trying to correct the wrong, just trying to set something straight.” The resulting article prompts questions about the Justice Department’s honesty in discussing the Lindh case, and prompts a surprising turn of events: the department announces that it will end the Lindh case rather than hold an evidence-suppression hearing that would have probed the facts surrounding his interrogations. The government drops the worst of the charges against Lindh, and he pleads guilty to lesser charges (see July 15, 2002) and October 4, 2002).
Unspecified Allegations of 'Criminal' Behavior, Secret Reports Alleging Unfitness - As for Radack, even though the e-mails she released are not classified and she has broken no laws in making them public, the Bush administration wanted that information kept secret. She loses her job at a private law firm after the administration informs the firm that she is a “criminal” who cannot be trusted. She is subjected to a yearlong criminal investigation by the Justice Department; no charges are ever filed. “My attorneys asked what I was being investigated for and never got an answer,” Radack will later say. “There is no law against leaking. This was nonclassified stuff. I think they were just trying to get me to slip into making a false statement. Beyond that, it never seemed like they were really going to bring charges. This was just to harass me.” The administration files a secret report with the bar associations in the states she is licensed to practice law, alleging that she is unfit to practice law and recommending “discipline” against her. Because the report is secret, Radack finds it difficult to challenge the unspecified charges. (Most of the complaints against her will eventually be dismissed.)
No-Fly List - And Radack is placed on the administration’s “no-fly” list, ostensibly reserved for suspected terrorists and other criminals, forcing her to endure intensive and invasive searches every time she attempts to board an airplane.
Making an Example - In 2007, reporter and author Charlie Savage will note that Radack gained no protection from the various whistleblower protection laws on the books, mostly because those laws have no enforcement mechanisms and rely “on the willingness of high-ranking executive branch officials to obey a statute.” Savage will observe: “The whistleblower laws did nothing to help Radack when the Bush-Cheney administration decided to make an example of her, sending a clear warning to other officials who might be inclined to bring secret executive branch wrongdoing to light. And Radack would not be the last.” [Reporters Committee for Freedom of the Press, 6/2003; Savage, 2007, pp. 107-110]

Entity Tags: Michael Isikoff, Jesselyn Radack, Charlie Savage, Bush administration (43), John Walker Lindh, US Department of Justice

Timeline Tags: Civil Liberties

An al-Qaeda operations leader gives American al-Qaeda member Jose Padilla (see September-October 2000) an assignment: target high-rise buildings in the US that use natural gas. Padilla and al-Qaeda leaders consider buildings in Florida, Washington, DC, and New York City as potential targets. Though al-Qaeda leaders consider Padilla an incompetent (see Mid-April 2002), they give him $15,000 to begin putting together a plan. [Associated Press, 6/2004] Instead, Padilla will be captured by FBI agents as he comes into Chicago (see May 8, 2002).

Entity Tags: Al-Qaeda, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

Coming from Pakistan, Jose Padilla steps off the plane at Chicago’s O’Hare International Airport and is arrested by FBI agents. Padilla is carrying $10,526, a cell phone, the names and phone numbers of his al-Qaeda training camp sponsor and recruiter, and e-mail addresses of other al-Qaeda operatives. The FBI takes him to New York and holds him in federal criminal custody on the basis of a material witness warrant in connection to a grand jury investigation into the 9/11 attacks. Padilla is a Muslim convert and also goes by the name of Abdullah Al-Muhajir. [Associated Press, 6/2004; Supreme Court opinion on writ of certiorari to the United States Court of Appeals for the Second Circuit. Donald Rumsfeld v. Jose Padilla, 6/28/2004]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Jose Padilla

Timeline Tags: Torture of US Captives

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

In a memo to Attorney General John Ashcroft, Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), says that the US has the absolute right to detain US citizen Jose Padilla without charge and without legal representation (see May 8, 2002). Bybee also claims that the Posse Comitatus Act, which prevents the US military from operating inside the US itself, “poses no bar to the military’s operations in detaining Padilla.” [US Department of Justice, 6/8/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The day after this memo is issued, Padilla is classified as an “enemy combatant” and transferred to the US Naval Brig in Charleston, South Carolina (see June 9, 2002).

Entity Tags: Jose Padilla, Jay S. Bybee, John Ashcroft, US Department of Justice, Posse Comitatus Act, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

President George Bush designates Padilla, who has been in custody since May 8 (see May 8, 2002), an “enemy combatant” on advice from Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft (see June 8, 2002), and directs Rumsfeld to see that he his taken into military custody. Padilla is taken to the Consolidated Naval Brig in Charleston, South Carolina sometime during the middle of that night. At the time of the transfer, Padilla was awaiting a judgment on a request made by his counsel to have the material witness warrant (see May 8, 2002) vacated. [CNN, 6/11/2002]

Entity Tags: Jose Padilla, Donald Rumsfeld, John Ashcroft

Timeline Tags: Torture of US Captives

Attorney General John Ashcroft announces Padilla’s arrest (see June 9, 2002), claiming that “in apprehending [Padilla] as he sought entry into the United States,” the US government has “disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive ‘dirty bomb.’” [CBS News, 6/10/2002] Similarly, President George Bush says: “This guy, Padilla, is a bad guy. And he is where he needs to be—detained,” along with many other “would-be killers” as part of the war on terrorism. And Defense Secretary Donald Rumsfeld too, states that Padilla “was unquestionably involved in terrorist activities.” [CNN, 6/11/2002]

Entity Tags: John Ashcroft, Jose Padilla, Donald Rumsfeld, George W. Bush

Timeline Tags: Torture of US Captives

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

Entity Tags: Jose Padilla, Donna R. Newman

Timeline Tags: Torture of US Captives, Civil Liberties

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

John Walker Lindh’s trial comes to a sudden and unexpected end when prosecutors and defense attorneys strike a plea agreement. Lindh agrees to plead guilty to serving the Taliban. He also admits that while serving under the Taliban he carried a gun and grenades. This adds ten years imprisonment for the use of a firearm in the commission of a felony. [CBS News, 7/15/2002; Guardian, 7/15/2002; Associated Press, 7/15/2002; Plea Agreement. United States of America v. John Walker Lindh, 7/15/2002] The nine other counts, including the charges of conspiracy to murder Americans and providing material support to terrorists, are dismissed. In return, his defense withdraws the claim that Lindh has been abused or tortured at American hands. According to the agreement, Lindh “puts to rest his claims of mistreatment by the United States military, and all claims of mistreatment are withdrawn.” [Amnesty International, 10/20/2003] Defense attorney Jim Brosnahan tells journalist Seymour Hersh that “the Department of Defense insists that we state that there was ‘no deliberate’ mistreatment of John.” [New Yorker, 5/17/2004] And thus, in a formal statement, Lindh says, “that he was not intentionally mistreated by the US military.” [Mercury News (San Jose), 5/20/2004] Lindh’s other attorney, George Harris, tells the World Socialist Web Site, “I think that one thing that motivated the government to resolve the case was certainly their reluctance to have the evidence presented about how John Lindh was treated while he was in US military custody.” Another motive for the prosecutors to agree to a plea bargain, Harris suggests, is the expected disclosure during a public trial of the government’s own ties to the Taliban. [World Socialist Web Site, 10/7/2002] Harris explains that there was good reason to assume that if the trial would go in favor of Lindh, the government would declare him an “enemy combatant” and detain him indefinitely, perhaps in solitary incommunicado confinement, without charges, access to lawyers or relatives, like it had done only recently, on June 9 (see June 9, 2002), to another US citizen Jose Padilla. “It was the government’s position,” Harris says, “that even if John Lindh had been acquitted, or had been convicted and served his time, that it still would have been within the government’s power to declare him an enemy combatant and continue to detain him.” [World Socialist Web Site, 10/7/2002] Lindh was therefore in a no-win-situation. Even after release following his twenty-year sentence, he will not be certain of his freedom. The plea agreement says that “for the rest of the defendant’s natural life, should the Government determine that the defendant has engaged in [proscribed] conduct […] the United States may immediately invoke any right it has at that time to capture and detain the defendant as an unlawful enemy combatant.” [Plea Agreement. United States of America v. John Walker Lindh, 7/15/2002]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

Michael H. Mobbs, the special adviser to the undersecretary of defense for policy, files a six-page document asserting that “enemy combatant” Jose Padilla (see June 9, 2002) “has been closely associated with known members and leaders of the al-Qaeda terrorist network”; that he trained at al-Qaeda camps and “met with senior Osama Bin Laden lieutenant Abu Zubaida,” whom he approached “with [a] proposal to conduct terrorist operations within the United States”; and that he talked about a plan “to build and detonate a ‘radiological dispersal device…’ within the United States, possibly in Washington, D.C.” But the document also acknowledges that the “plan” was “still in the initial planning stages.” Finally, the declaration states that “it is believed that al-Qaeda members directed Padilla to return to the United States to conduct reconnaissance and/or other attacks on behalf of al-Qaeda.” The declaration concedes that the evidence on which its assertions are based are not entirely solid, noting that its intelligence sources “have not been completely candid about their association with al-Qaeda and their terrorist activities” and that “some information provided by the sources remains uncorroborated and may be part of an effort to mislead or confuse US officials.” [Fox News, 8/28/2002; Washington Post, 9/1/2002; Newsweek, 6/9/2004]

Entity Tags: Michael H. Mobbs, Jose Padilla

Timeline Tags: Torture of US Captives

Judge Thomas S. Ellis III sentences John Walker Lindh, as expected (see July 15, 2002), to 20 years in a federal penitentiary. With a 15 percent credit for good behavior and time served, he could be released in 16 years and two months. [CBS News, 10/4/2002; CBS News, 10/4/2002]

Entity Tags: Thomas S. Ellis, John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. [Associated Press, 6/23/2004] He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. [New York Times, 8/25/2004] The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. [MSNBC, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld

Timeline Tags: Torture of US Captives

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

A three-judge panel of the Second US Circuit Court of Appeals in New York votes two to one that the military must either charge alleged al-Qaeda terrorist Jose Padilla with a crime, or release him within 30 days. “The government,” the court says, “can transfer Padilla to appropriate civilian authorities who can bring criminal charges against him.” Until now, no court in the US has ruled against the government’s contention that even American citizens arrested on US soil can be held indefinitely based on wartime government prerogatives. Neither the 2001 Authorization to Use Military Force (see September 14-18, 2001) nor the president’s “inherent power” as commander in chief is enough to hold Padilla without a trial, the court finds: “The president, acting alone, possesses no inherent constitutional authority to detain American citizens seized within the United States, away from a zone of combat, as enemy combatants.” The two judges in the majority are a 1998 Clinton appointee and a 2001 Bush appointee; the dissenter, who advocates granting the president new and sweeping powers, is a 2003 Bush appointee. “So far,” Office of Legal Counsel lawyer John Yoo comments, “the Second Circuit is the only court that has rejected the idea that the war on terrorism is, in fact, a war.” Because this ruling conflicts with the Fourth Circuit’s ruling in favor of the Bush administration, the Supreme Court will be forced to resolve the issue (see June 28, 2004); in light of the appeal, the court later agrees to suspend its 30-day ruling. [Knight Ridder, 12/29/2003; Savage, 2007, pp. 153]

Entity Tags: Jose Padilla, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

Lawyers meet with accused al-Qaeda terrorist Jose Padilla (see September-October 2000 and May 8, 2002) for the first time. [Associated Press, 6/2004]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

A Pentagon report determines that conditions at the detention facilities at Guantanamo Bay, Cuba, and Charleston, South Carolina used to house “enemy combatants” are problematic at best. The facilities house three designated enemy combatants: Jose Padilla (see May 8, 2002), Yaser Esam Hamdi (see December 2001), and Ali Saleh Kahlah al-Marri (see December 12, 2001). The report, entitled “Brief to the Secretary of Defense on Treatment of Enemy Combatants Detained at Naval Station Guantanamo Bay, Cuba, and Naval Consolidated Brig Charleston,” is written by the Navy’s Vice Admiral A.T. Church III and by Marine Brigadier General D.D. Thiessen. The focus of the report is to “[e]nsure Department of Defense orders concerning proper treatment of enemy combatants.” The report documents extensive problems at both locations. It cites the following as some of the problems:
bullet “One detainee has Koran removed from cell as part of JFCOM [Joint Forces Command] interrogation plan. Muslim chaplain not available.”
bullet “One detainee in Charleston has mattress removed as part of JFCOM-approved interrogation plan.”
bullet “One detainee in each location currently not authorized ICRC [Red Cross] visits due to interrogation plans in progress.”
bullet “One detainee in Charleston has Koran, mattress, and pillow removed and is fed cold MREs as part of interrogation plan.” This citation has a footnote that reads, “After completion of current interrogation,” removal of the Koran as an incentive to answer questions “will no longer be used at Charleston.”
bullet “Limited number and unique status of detainees in Charleston precludes interaction with other detainees. Argument could be made that this constitutes isolation.”
bullet At the Charleston brig, “Christian chaplain used to provide socialization, but could be perceived as forced proselytization.”
Nonetheless, the report concludes, “No evidence of noncompliance with DoD orders at either facility.” The authors assume that “treatment provided for in presidential and SECDEF orders constitutes ‘humane treatment.’” [Progressive, 3/2007] When Church presents his report to journalists (see May 12, 2004), he says he only found eight “minor infractions.”

Entity Tags: US Department of Defense, Jose Padilla, D.D. Thiessen, Ali Saleh Kahlah al-Marri, Albert T. Church III, Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

Deputy Attorney General James B. Comey Jr. releases a newly declassified Pentagon report that states that al-Qaeda “master planner” Khalid Shaikh Mohammed was “very skeptical” about Jose Padilla’s dirty bomb plan when they met in Pakistan in March 2002, and suggested instead that Padilla bomb apartment buildings through conventional means. Padilla tells US interrogators later that he “proposed the dirty-bomb plot only as a way to get out of Pakistan and avoid combat in Afghanistan, yet save face with Abu Zubaida” (see May 8, 2002). He says he also had “no intention of carrying out the apartment-building operation.” Nevertheless, the release of the Pentagon report is apparently intended to draw attention to Padilla’s high-level al-Qaeda connection in an attempt to influence deliberations by the Supreme Court on the Padilla case. [Newsweek, 6/9/2004] Comey and other government officials admit that Padilla’s alleged confession can never be used as evidence in court, because Padilla made the statements without ever being informed of his legal rights. The government had consistently refused to discuss how Padilla was interrogated, claiming that to make that knowledge public would assist al-Qaeda in preparing countermeasures for other operatives who might be captured in the future. Defense lawyers and civil rights experts believe that the government may have used illegal methods in interrogating Padilla. The criminal charges eventually filed against Padilla will make no mention of the allegations of planning to detonate a radioactive “dirty bomb” or of any plans to blow up apartment buildings. [Newsweek, 2/28/2007] The release of the Pentagon report by the Justice Department is heavily criticized at the time as being an inappropriate interference of the executive with the judiciary branch. [New York Review of Books, 7/15/2004]

Entity Tags: Al-Qaeda, James B. Comey Jr., Abu Zubaida, Jose Padilla, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

In the case of Jose Padilla v. Donald Rumsfeld (see June 9, 2002), the Supreme Court votes 5-4 in favor of the government, declining to rule on the basis of a technicality. The majority argues that Padilla’s petition was incorrectly filed in New York rather than in South Carolina, where he is currently held. While Padilla was held in New York in preparation for an appearance before a grand jury, Defense Secretary Rumsfeld designated him an enemy combatant. Padilla was thereupon transferred to military custody and sent to a naval brig in South Carolina to be detained indefinitely. His lawyer meanwhile, unaware of her client’s transfer, filed a habeas corpus petition in New York against Rumsfeld (see June 11, 2002). This was erroneous, says the majority, which rules that Padilla has to re-file his petition in South Carolina. Four dissenting judges condemn the “secret transfer” of Padilla. Justice John Paul Stevens, writing for the minority, declares, “At stake in this case is nothing less than the essence of a free society.” Stevens also condemns the use of “incommunicado detention for months on end” as a means “to extract information” and places it among the “tools of tyrants.” [Supreme Court opinion on writ of certiorari. Shafiq Rasul, et al. v. George W. Bush, et al., 6/28/2004] Therefore, in essence, the majority declines to rule on the merits of the case. [Savage, 2007, pp. 193]

Entity Tags: Jose Padilla, John Paul Stevens, Donald Rumsfeld

Timeline Tags: Torture of US Captives, Civil Liberties

Accused terrorist Yaser Esam Hamdi returns to Saudi Arabia aboard a US military jet. Earlier in 2004, the US Supreme Court ruled that the US government could not continue to hold Hamdi, a US citizen, as an enemy combatant without allowing him to challenge that status (see June 28, 2004). The US government was still free to bring charges against him but instead chose to negotiate with his attorneys about a release. In exchange for his release, Hamdi agrees to renounce his US citizenship and pledge never to travel to Afghanistan, Iraq, Israel, Pakistan, Syria, the Palestinian West Bank, or Gaza. He must also report any intent to travel outside Saudi Arabia. [CNN, 10/14/2004]
'Shocking Admission' of Lack of Criminal Case against Hamdi - Andrew Cohen comments in the Los Angeles Times, “If Hamdi is such a minor threat today that he can go back to the Middle East without a trial or any other proceeding, it’s hard not to wonder whether the government has been crying wolf all these years.” He calls the release “a shocking admission from the government that there is not now, and probably never has been, a viable criminal case against Hamdi.” [Los Angeles Times, 8/16/2004]
Hamdi Case Used to Set Favorable Precedent? - Author and reporter Charlie Savage will agree with Cohen. “Hamdi’s release meant that a prisoner who the White House had once sworn was too dangerous to be allowed access to a lawyer was now going free—just like hundreds of prisoners from Guantanamo who were held without trial for years and then quietly released,” Savage will write. He will note that many administration critics believe Hamdi’s case had been used as a tool by the administration to get a favorable judicial precedent and, once that precedent had been put in place, the administration had no more use for Hamdi and threw him out of the country rather than actually continue with a problematic trial or legal proceeding. [Savage, 2007, pp. 199-200]

Entity Tags: Charlie Savage, Yaser Esam Hamdi, Andrew Cohen

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

The Fourth Circuit Court of Appeals rules that President Bush, as commander in chief, can continue to hold Jose Padilla (see June 9, 2002), a US citizen arrested on US soil (see June 8, 2002), indefinitely as an enemy combatant. Padilla is to be treated the same as an American captured on a foreign battlefield (see June 28, 2004). The majority ruling is written by Judge J. Michael Luttig, often thought of as a potential Bush Supreme Court nominee. Luttig rules there is “no difference in principle between [Yaser Esam] Hamdi (see June 28, 2004) and Padilla.” Bush’s “powers include the power to detain identified and committed enemies such as Padilla, who associated with al-Qaeda and the Taliban regime, and who entered the United States for the avowed purpose of further prosecuting [terrorism] by attacking American citizens and targets on our own soil.” Luttig ignores the fact that Padilla has never been charged, much less convicted, of any crime. When the Bush administration later charges Padilla as an ordinary criminal—and does not charge him with with any of the terrorist activities it had long alleged he had committed—many administration critics will conclude that, just as in the Hamdi case, the administration had used inflammatory rhetoric and baseless charges to obtain a judicial decision it wanted (see October 10, 2004). When Luttig learns of the administration’s actions, he will issue a supplementary opinion excoriating the White House (see December 21, 2005). [Savage, 2007, pp. 200]

Entity Tags: Jose Padilla, J. Michael Luttig

Timeline Tags: Civil Liberties

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

Federal appeals court judge J. Michael Luttig, widely considered to be such a reliably conservative supporter of the Bush administration that he is a potential Supreme Court nominee and the author of a highly favorable ruling in the Jose Padilla detention case (see October 9, 2005), is infuriated by the administration’s decision not to charge Padilla with the lurid array of terrorism-related charges it had alleged in Luttig’s courtroom (see November 22, 2005). Luttig believes that he and the rest of the appeals court judges were misled into making a ruling favorable to the administration. Luttig issues a supplementary opinion accusing the White House of manipulating the judicial process to ensure the Supreme Court could not review the precedent his opinion set. The Padilla indictment raises serious questions about the credibility of the government’s accusations against Padilla, and, Luttig writes, leaves “the impression that Padilla may have been held for these years, even justifiably, by mistake.” Luttig and his colleagues take the unusual step of blocking Padilla’s transfer from military custody into the hands of the Justice Department. The move is aimed at attempting to keep the possibility open of a Supreme Court hearing on the Padilla matter, and giving the Court the chance to reverse Luttig’s precedent. The Court will quickly overrule Luttig’s attempt to keep Padilla in military custody and will dismiss Padilla’s appeal because he is no longer classified as an enemy combatant. Author and reporter Charlie Savage will later write: “Just as Luttig had feared, the maneuver ensured that his precedent—written on the assumption that the administration was telling the truth when it said it had good evidence that Padilla was plotting attacks on US soil—was left intact.” Luttig’s move sours his relations with the White House and dooms whatever chance he may have had to be nominated for the high court. He will soon resign from his life-tenured position on the appeals court and take the position of general counsel for Boeing. [Savage, 2007, pp. 200-201]

Entity Tags: US Supreme Court, Bush administration (43), Charlie Savage, J. Michael Luttig, Jose Padilla

Timeline Tags: Civil Liberties

In a second day of testimony (see January 17, 2007), Attorney General Alberto Gonzales tells the Senate Judiciary Committee that the president has always had the inherent authority to bypass or ignore statutory law if he is acting in the interest of national security. Gonzales is referring to a recent Bush administration decision to use a sympathetic FISC judge to sign off on the warrantless wiretapping program (see January 17, 2007). “We commenced down this road five years ago because of a belief that we could not do what we felt was necessary to protect this country under FISA [the Foreign Intelligence Surveillance Act],” Gonzales testifies. “That is why the president relied upon his inherent authority under the Constitution. My own judgment is, the president has shown maturity and wisdom here in this particular decision. He recognizes that there is an inherent reservoir of inherent power that belongs to every president. You use it only when you have to. In this case, we don’t have to [anymore].” Yale law professor Jack Balkin strenuously disagrees. He points to a “remarkable similarity between the administration’s behavior in the Padilla case (see October 9, 2005 and December 21, 2005) and its behavior here.… Once again, the goal is to prevent a court from stating clearly that the president acted illegally and that his theories of executive power are self-serving hokum.” Instead of going to Congress for the authority to conduct a warrantless wiretapping program, Balkin writes that the administration used FISA’s supposed deficiencies “as an excuse to disregard the law, so that it could make claims of unbridled presidential authority to ignore FISA.” [Savage, 2007, pp. 207-208; Jack Balkin, 1/18/2007]

Entity Tags: Foreign Intelligence Surveillance Act, Alberto R. Gonzales, Bush administration (43), Senate Judiciary Committee, Jack Balkin, George W. Bush, Foreign Intelligence Surveillance Court

Timeline Tags: Civil Liberties

Judge Marcia Cooke.Judge Marcia Cooke. [Source: Daily Business Review]Federal prosecutors in the Jose Padilla case (see May 8, 2002) say that a video of Padilla’s final interrogation, on March 2, 2004, is inexplicably missing. The video was not part of a packet of DVDs containing classified material turned over to the court handling the Padilla case. Padilla’s lawyers believe that the missing videotape may show Padilla being subjected to “harsh” interrogation techniques that may qualify as torture, and wonder if other potentially exculpatory recordings and documentation of Padilla’s interrogations have also been lost. Padilla’s lawyers say something happened during that last interrogation session on March 2, 2004, at the Navy brig in Charleston, South Carolina, that led Padilla to believe that the lawyers are actually government agents. Padilla no longer trusts them, the lawyers say, and they want to know what happened. Prosecutors say that they cannot find the tape despite an intensive search. “I don’t know what happened to it,” Pentagon attorney James Schmidli said during a recent court hearing. US District Court Judge Marcia Cooke finds the government’s claim hard to believe. “Do you understand how it might be difficult for me to understand that a tape related to this particular individual just got mislaid?” Cooke told prosecutors at a hearing last month. Padilla, a US citizen, is scheduled to stand trial in April. Padilla’s lawyers want the brig tapes, medical records, and other documentation to prove their claims that Padilla suffers intense post-traumatic stress syndrome from his long isolation and repeated interrogations, though Cooke has ruled that Padilla is competent to stand trial. They believe that he was mistreated and possibly tortured in the Naval brig before being transferred to civilian custody. This missing DVD may not be the only one because brig logs indicate that there were approximately 72 hours of interrogations that either were not recorded, or whose recordings were never disclosed. Prosecutors claim some interrogations were not recorded, but defense lawyers question that, pointing out that there are even videos of Padilla taking showers. [Newsweek, 2/28/2007; Associated Press, 3/9/2007] Statements by then-Deputy Attorney General James Comey in June 2004 indirectly support the defense’s claim that Padilla was subjected to harsh interrogation tactics (see June 2004). Other videotapes that may pertain to the Padilla case have been destroyed by the CIA (see November 22, 2005). Former civil rights litigator Glenn Greenwald writes, “[I]f the administration’s patently unbelievable claim were true—namely, that it did ‘lose’ the video of its interrogation of this Extremely Dangerous International Terrorist—that would, by itself, evidence a reckless ineptitude with American national security so grave that it ought to be a scandal by itself. But the likelihood that the key interrogation video with regard to Padilla’s torture claims was simply ‘lost’ is virtually non-existent. Destruction of relevant evidence in any litigation is grounds for dismissal of the case (or defense) of the party engaged in that behavior. But where, as here, the issues extend far beyond the singular proceeding itself—we are talking about claims by a US citizen that he was tortured by his own government—destruction of evidence of this sort would be obstruction of justice of the most serious magnitude.” [Salon, 3/10/2007]

Entity Tags: Anthony Natale, US Department of Justice, US Department of Defense, Marcia Cooke, Jose Padilla, Al-Qaeda, Glenn Greenwald, James B. Comey Jr., James Schmidli

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

Lawyers for alleged enemy combatant Ali Saleh Kahlah al-Marri (see December 12, 2001) file papers with the court asserting that al-Marri was systematically abused by FBI and Defense Intelligence Agency (DIA) interrogators while in military custody. Al-Marri continues to be held in the Naval brig in Charleston, South Carolina (see June 23, 2003). Additionally, al-Marri was told that cabinets full of videotapes of his interrogations exist, according to the legal filings. Al-Marri has been in federal detention, without charge, since 2003. The New York Times has reported that about 50 videotapes of interrogation sessions with al-Marri and fellow detainee Jose Padilla (see May 8, 2002) were recently found by Pentagon officials (see March 13, 2008). DIA spokesman Donald Black admits that one tape shows al-Marri being gagged with duct tape, but says that al-Marri brought that treatment upon himself by chanting loudly and disruptively. One of al-Marri’s lawyers, Jonathan Hafetz, says that the treatment al-Marri has been forced to endure is far worse than anything Black describes—al-Marri, Hafetz says, has been subjected to stress positions, sensory deprivation, and threats of violence or death. “On several occasions, interrogators stuffed Mr. al-Marri’s mouth with cloth and covered his mouth with heavy duct tape,” says the legal filings. “The [duct] tape caused Mr. al-Marri serious pain. One time, when Mr. al-Marri managed to loosen the tape with his mouth, interrogators re-taped his mouth even more tightly. Mr. al-Marri started to choke until a panicked agent from the FBI or Defense Intelligence Agency removed the tape.” [United Press International, 3/13/2008; Washington Post, 3/31/2008]

Entity Tags: Donald Black, Ali Saleh Kahlah al-Marri, Defense Intelligence Agency, Federal Bureau of Investigation, Jonathan Hafetz, Jose Padilla

Timeline Tags: Torture of US Captives

The Congressional Quarterly reports on a growing body of evidence that indicates US interrogators are using mind-altering drugs on prisoners suspected of terrorist ties. The evidence is not yet conclusive, but reporter Jeff Stein writes: “There can be little doubt now that the government has used drugs on terrorist suspects that are designed to weaken their resistance to interrogation. All that’s missing is the syringes and videotapes.”
Connection to Yoo Memo - The idea that the US might be using hallucinogenic or other drugs on detainees in Guantanamo and other US detention facilities was bolstered by the recent revelation of another “torture memo,” this one written in 2003 by then-Justice Department lawyer John Yoo (see March 14, 2003). Yoo wrote that US interrogators could use mind-altering drugs on terror suspects as long as the drugs did not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” Yoo first rationalized the use of drugs on prisoners in earlier “torture memos” (see January 9, 2002 and August 1, 2002).
Criticism - Stephen Miles, a bioethicist and author of a recent book detailing medical complicity in US torture of suspected terrorists, notes: “The new Yoo memo, along with other White House legal memoranda, shows clearly that the policy foundation for the use of interrogational drugs was being laid. The recent memo on mood-altering drugs does not extend previous work on this area. The use of these drugs was anticipated and discussed in the memos of January and February 2002 by [Defense Department, Justice Department], and White House counsel using the same language and rationale. The executive branch memos laid a comprehensive and reiterated policy foundation for the use of interrogational drugs.” Jeffrey Kaye, a clinical psychologist who works with torture victims through Survivors International, says plainly: “Yes, I believe [drugs] have been used. I came across some evidence that they were using mind-altering drugs, to regress the prisoners, to ascertain if they were using deception techniques, to break them down.”
Varieties of Drugs and Placebos Being Used? - It is well known that US military personnel often use sedatives on shackled and hooded prisoners on “rendition” flights from Middle Eastern countries to Guantanamo. There is no hard evidence to support claims that US interrogators are using hallucinogenic drugs such as LSD on detainees. However, Michael Caruso, who represents suspected al-Qaeda operative Jose Padilla (see May 8, 2002), filed a motion last year asserting that his client “was given drugs against his will, believed to be some form of lysergic acid diethylamide (LSD) or phencyclidine (PCP), to act as a sort of truth serum during his interrogations.” Caruso had no proof to back up his claim.
KUBARK - Stein notes that a 1963 CIA interrogation manual, code-named KUBARK, advocated the use of placebos as well as real drugs on prisoners. And Michael Gelles, a psychologist with the Naval Criminal Investigative Institute who has spoken out against the abuse of prisoners at Guantanamo, says that he never saw anything related to drugs. “I never saw that raised as an issue,” he says. Hallucinogens such as LSD do not make subjects tell the truth. According to KUBARK, “Their function is to cause capitulation, to aid in the shift from resistance to cooperation.”
Winging It - In July 2003, the CIA, the RAND Corporation, and the American Psychological Association hosted a workshop that explored the question of using drugs to “affect apparent truth-telling behavior” (see June 17-18, 2003). After 9/11, top Bush administration officials pushed military commanders for quick intelligence but, according to a recent study, the interrogators unsure how to use harsher methodologies (see December 2006) and began “mak[ing] it up on the fly.”
Guantanamo - Guantanamo staff judge advocate Lieutenant Colonel Diane Beaver says that some of the interrogators drew inspiration from the popular TV drama 24 (see Fall 2006). Beaver makes no mention of drugs being used, but Ewe Jacobs, the director of Survivors International, says she may not have seen or heard about their use. “The Guantanamo camps were isolated from one another,” he says. What happened in one part of the facility may not have been known in other areas. Miles adds, “I suspect that most of the use of interrogational drugs was by CIA and Special Ops interrogators, and thus still remains classified.”
Credibility Issues - As with victims of the CIA’s MK-ULTRA program from the 1960s and 70s, when unwitting subjects were dosed with hallucinogenic drugs and their reactions catalogued and observed, the detainees who may have been forcibly given such drugs will likely not be believed by many. Absent hard evidence, many will consider the detainees either “looney,” in Stein’s words, or liars. Few believe that Padilla was drugged. And, Stein concludes, “Even fewer will believe the other prisoners, a number of whom are deranged from prolonged interrogation—if they ever get out.” [Congressional Quarterly, 4/4/2008]

Entity Tags: Jose Padilla, Ewe Jacobs, Diane E. Beaver, Central Intelligence Agency, Bush administration (43), American Psychological Association, Jeff Stein, John C. Yoo, Richard (“Dick”) Cheney, US Department of the Army, Jeffrey Kaye, Stephen Miles, RAND Corporation, Michael Caruso, Michael Gelles, Survivors International

Timeline Tags: Torture of US Captives

Attorneys for Jose Padilla, a US citizen convicted in 2007 of material support for terrorist activities (see May 8, 2002 and August 27, 2002) say that senior Bush administration officials knew Padilla was being tortured ever since being held as an enemy combatant in a South Carolina naval brig (see June 9, 2002). The lawyers say Bush officials such as former Defense Secretary Donald Rumsfeld must have known, because of the command structure and because Rumsfeld approved harsh interrogation tactics (see December 2, 2002). Padilla and his mother are suing the government for employing a wide variety of harsh interrogation tactics, including sleep deprivation, sensory deprivation, extended periods of isolation, forcible administering of hallucinogenic drugs, threats of death and mutilation, and enforced stress positions, as well as for violating his rights by holding him as an enemy combatant without due legal process. Both Rumsfeld and former Deputy Defense Secretary Paul Wolfowitz are named as defendants. Tahlia Townsend, an attorney for Padilla, says: “They knew what was going on at the brig and they permitted it to continue. Defendants Rumsfeld and Wolfowitz were routinely consulted on these kinds of questions.” The Justice Department is trying to get the case dismissed. [Raw Story, 1/30/2009] Justice Department lawyers claim that allowing the lawsuit to proceed would damage national security. They argue that a court victory for Padilla “would strike at the core functions of the political branches, impacting military discipline, aiding our enemies, and making the United States more vulnerable to terrorist attack.… Adjudication of the claims pressed by [Padilla] in this case would necessarily require an examination of the manner in which the government identifies, captures, designates, detains, and interrogates enemy combatants.” Padilla is seeking a symbolic $1 fine from each defendant along with a favorable ruling. [Christian Science Monitor, 1/29/2009]

Entity Tags: Paul Wolfowitz, Bush administration (43), Tahlia Townsend, US Department of Defense, US Department of Justice, Jose Padilla, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Columnist and international law expert Scott Horton writes of his horror and shock at the nine just-released Bush administration memos from the Justice Department designed to grant President Bush extraordinary executive authority (see March 2, 2009).
'Disappearing Ink' - Horton writes: “Perhaps the most astonishing of these memos was one crafted by University of California at Berkeley law professor John Yoo. He concluded that in wartime, the president was freed from the constraints of the Bill of Rights with respect to anything he chose to label as […] counterterrorism operations inside the United States” (see October 23, 2001, and October 23, 2001). Horton continues: “John Yoo’s Constitution is unlike any other I have ever seen. It seems to consist of one clause: appointing the president as commander in chief. The rest of the Constitution was apparently printed in disappearing ink.”
Timing of Repudiation Proves Bush Officials Found Claims Useful - Horton has no patience with the claims of former Office of Legal Counsel chief Steven Bradbury that the extraordinary powers Yoo attempted to grant Bush were not used very often (see January 15, 2009). “I don’t believe that for a second,” Horton notes, and notes Bradbury’s timing in repudiating the Yoo memos: five days before Bush left office. “Bradbury’s decision to wait to the very end before repealing it suggests that someone in the Bush hierarchy was keen on having it,” Horton asserts.
Serving Multiple Purposes - The memos “clear[ly]” served numerous different purposes, Horton notes. They authorized, or provided legal justification for, the massive domestic surveillance programs launched by military agencies such as the Defense Intelligence Agency and the National Security Agency (see September 25, 2001). But the memos went much farther, Horton says: “[T]he language of the memos suggest that much more was afoot, including the deployment of military units and military police powers on American soil. These memos suggest that John Yoo found a way to treat the Posse Comitatus Act as suspended.” They also gave Bush the apparent legal grounds to order the torture of people held at secret overseas sites (see March 13, 2002), and to hold accused terrorist Jose Padilla without charge or due process, even though the administration had no evidence whatsoever of the crimes he had been alleged to commit (see June 8, 2002).
American Dictatorship - Horton’s conclusion is stark. “We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship,” he writes. “The constitutional rights we learned about in high school civics were suspended. That was thanks to secret memos crafted deep inside the Justice Department that effectively trashed the Constitution. What we know now is likely the least of it.” [Harper's, 3/3/2009]

Entity Tags: National Security Agency, US Department of Justice, Office of Legal Counsel (DOJ), Scott Horton, Steven Bradbury, George W. Bush, Jose Padilla, Bush administration (43), Defense Intelligence Agency, John C. Yoo

Timeline Tags: Civil Liberties

Oath Keepers logo, as pictured on a T-shirt sold on the organization’s Web site.Oath Keepers logo, as pictured on a T-shirt sold on the organization’s Web site. [Source: Oath Keepers (.com)]The Oath Keepers, a newly formed far-right “patriot” organization whose membership is restricted to soldiers, police officers, firefighters, and military veterans (see March 2010), is formed at a pro-militia rally in Lexington, Massachusetts, the site of the first battle of the Revolutionary War. It is founded by Army veteran and lawyer Stewart Rhodes, who delivers a fiery speech at the rally. “You need to be alert and aware to the reality of how close we are to having our constitutional republic destroyed,” he tells the assemblage. “Every dictatorship in the history of mankind, whether it is fascist, communist, or whatever, has always set aside normal procedures of due process under times of emergency.… We can’t let that happen here. We need to wake up!” The crowd of listeners includes many well-known “patriot movement” members, including Richard Mack, a former Arizona sheriff who refused to enforce the federal Brady law (see November 30, 1993) in his jurisdiction; Mike Vanderboegh of the “Three Percenter” movement (see October 1995 and After); and others. Rhodes gives the rally his group’s “Orders We Will Not Obey,” a list of 10 orders he considers unconstitutional and therefore unenforceable, whether they are issued by commanding officers, policemen, or the president. When Rhodes finishes, Captain Larry Bailey, a retired Navy SEAL who leads a group called Gathering of Eagles, asks the crowd to raise their right hands and retake their oath—not to the president, but to the Constitution. [Mother Jones, 3/2010]
Posting the 'Orders' - On the Oath Keepers blog, Rhodes posts the “Orders We Will Not Obey” along with an introductory statement culled from the speech given by then-General George Washington before the Battle of Long Island: “The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves; whether they are to have any property they can call their own; whether their Houses, and Farms, are to be pillaged and destroyed, and they consigned to a State of Wretchedness from which no human efforts will probably deliver them. The fate of unborn Millions will now depend, under God, on the Courage and Conduct of this army.” Rhodes writes: “Such a time is near at hand again. The fate of unborn millions will now depend, under God, on the Courage and Conduct of this Army—and this Marine Corps, This Air Force, This Navy and the National Guard and police units of these sovereign states.” He calls the Oath Keepers “non-partisan,” and issues his list of orders they will refuse to obey, calling these “acts of war” against the American people “and thus acts of treason.” He cites Revolutionary War actions and precedents for each of his 10 statements.
bullet “1. We will NOT obey any order to disarm the American people.” Rhodes explains that this means the government will not attempt to restrain gun ownership in any way, and states his group’s opposition to any bans on assault rifles or any attempts to enforce gun regulation or registration.
bullet “2. We will NOT obey any order to conduct warrantless searches of the American people, their homes, vehicles, papers, or effects—such as warrantless house-to-house searches for weapons or persons.” Rhodes compares these to the Revolutionary War-era “writs of assistance,” carried out by British soldiers against American colonists without judicial orders. The Constitution proscribes warrantless searches, Rhodes says. “We expect that sweeping warrantless searches of homes and vehicles, under some pretext, will be the means used to attempt to disarm the people,” he writes, and says Oath Keepers will not follow such orders.
bullet “3. We will NOT obey any order to detain American citizens as ‘unlawful enemy combatants’ or to subject them to trial by military tribunal.” Any such detentions (see June 26, 2002 and June 9, 2002) are unconstitutional, harking back to Revolutionary War-era admiralty courts and the British “star chambers.” Rhodes predicts that the federal government will attempt to detain its own citizens under international law.
bullet “4. We will NOT obey orders to impose martial law or a ‘state of emergency’ on a state, or to enter with force into a state, without the express consent and invitation of that state’s legislature and governor.” Rhodes fears that “states of emergency” will be declared in the aftermath of a natural disaster such as a hurricane or a massive flood, or perhaps another 9/11-level terror attack, and then used to impose tyranny and martial law on the American populace.
bullet “5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty and declares the national government to be in violation of the compact by which that state entered the Union.” As many as 20 individual states have either passed or considered what Rhodes calls “courageous resolutions affirming states rights and sovereignty” that take powers from the federal government and give them over to the states. The federal government may attempt to use force to retake these powers, Rhodes writes, especially if a state attempts to secede or declare itself of equal sovereignty with the federal government.
bullet “6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.” One of Rhodes’s most strongly stated fears is what he believes will be the attempts of the federal government to build concentration camps and detain citizens.
bullet “7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.”
bullet “8. We will NOT obey orders to assist or support the use of any foreign troops on US soil against the American people to ‘keep the peace’ or to ‘maintain control’ during any emergency, or under any other pretext. We will consider such use of foreign troops against our people to be an invasion and an act of war.” Rhodes believes that the US government may use foreign troops, perhaps under the auspices of the United Nations, to conduct military operations against its own citizenry.
bullet “9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies, under any emergency pretext whatsoever.”
bullet “10. We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.”
Rhodes concludes: “The above list is not exhaustive but we do consider them to be clear tripwires—they form our ‘line in the sand’—and if we receive such orders, we will not obey them. Further, we will know that the time for another American Revolution is nigh. If you the people decide that you have no recourse, and such a revolution comes, at that time, not only will we NOT fire upon our fellow Americans who righteously resist such egregious violations of their God given rights, we will join them in fighting against those who dare attempt to enslave them.… The mission of Oath Keepers is to vastly increase their numbers. We are in a battle for the hearts and minds of our own troops. Help us win it.” [Stewart Rhodes, 3/9/2009] Army spokesman Nathan Banks will remind the members that following through on their Oath Keepers pledge could mean serious repercussions. “You have every right to disobey an order if you think it is illegal,” Banks will say. “But you will face court-martial, and so help you God if you are wrong. Saying something isn’t constitutional isn’t going to fly.”
Associated with Tea Party Movement - After the 2009 rally, Rhodes’s organization will become closely affiliated with the tea party movement; on July 4, 2009, Rhodes will send speakers to administer his organization’s “oath” at over 30 tea party rallies across the nation. He will take part in the September 12, 2009 “9/12” march in Washington, DC (see September 12, 2009), and host rallies in Florida and other states. [Mother Jones, 3/2010]

Entity Tags: Richard Mack, Nathan Banks, Mike Vanderboegh, Oath Keepers, Gathering of Eagles, Larry Bailey, Stewart Rhodes

Timeline Tags: US Domestic Terrorism

The CIA’s torture of a supposed high-ranking al-Qaeda operative, Abu Zubaida, produced no information that helped foil any terrorist attacks or plots, according to former senior government officials who closely followed the interrogations. Zubaida was subjected to intensive waterboarding and other tortures (see April - June 2002), and provided information about a fantastic array of al-Qaeda plots that sent CIA agents all over the globe chasing down his leads. But none of his information panned out, according to the former officials. Almost everything Zubaida said under torture was false, and most of the reliable information gleaned from him—chiefly the names of al-Qaeda members and associates—was obtained before the CIA began torturing him. Moreover, the US’s characterization of Zubaida as “al-Qaeda’s chief of operations” and a “trusted associate” of Osama bin Laden turned out to be false as well. Several sources have challenged the government’s characterization of Zubaida as a “high-level al-Qaeda operative” before now (see Shortly After March 28, 2002 and April 9, 2002 and After).
'Fixer' for Islamists before 9/11 - Zubaida, a native Palestinian, never even joined al-Qaeda until after 9/11, according to information obtained from court documents and interviews with current and former intelligence, law enforcement, and military sources. Instead, he was a “fixer” for a number of radical Islamists, who regarded the US as an enemy primarily because of its support for Israel. Many describe Zubaida as a “travel agent” for al-Qaeda and other radical Islamists. He joined al-Qaeda because of the US’s preparations to invade Afghanistan. US officials are contemplating what, if any, charges they can use to bring him into court. Zubaida has alleged links with Ahmed Ressam, the so-called “Millennium Bomber” (see December 14, 1999), and allegedly took part in plans to retaliate against US forces after the overthrow of the Taliban in late 2001 (see December 17, 2001). But some US officials worry that bringing him into a courtroom would reveal the extent of his torture and abuse at the hands of the CIA, and that any evidence they might have against him is compromised because it was obtained in part through torture. Those officials want to send him to Jordan, where he faces allegations of conspiracy in terrorist attacks in that country.
Defending Zubaida's Information - Some in the US government still believe that Zubaida provided useful information. “It’s simply wrong to suggest that Abu Zubaida wasn’t intimately involved with al-Qaeda,” says a US counterterrorism official. “He was one of the terrorist organization’s key facilitators, offered new insights into how the organization operated, provided critical information on senior al-Qaeda figures… and identified hundreds of al-Qaeda members. How anyone can minimize that information—some of the best we had at the time on al-Qaeda—is beyond me.… Based on what he shared during his interrogations, he was certainly aware of many of al-Qaeda’s activities and operatives.” But the characterization of Zubaida as a well-connected errand runner was confirmed by Noor al-Deen, a Syrian teenager captured along with Zubaida at a Pakistani safe house (see March 28, 2002). Al-Deen readily answered questions, both in Pakistan and in a detention facility in Morocco. He described Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. (Al-Deen was later transferred to Syria; his current whereabouts and status are unknown to the public.) A former Justice Department official closely involved in the early investigation of Zubaida says: “He was the above-ground support” for al-Qaeda and other radicals. “He was the guy keeping the safe house, and that’s not someone who gets to know the details of the plans. To make him the mastermind of anything is ridiculous.” A former intelligence officer says the US spent an inestimable amount of time and money chasing Zubaida’s “leads” to no effect: “We spent millions of dollars chasing false alarms.”
Connected to KSM - Zubaida knew radical Islamist Khalid Shaikh Mohammed for years. Mohammed, often dubbed “KSM” by US officials, approached Zubaida in the 1990s about finding financial backers for a plan he had concocted to fly a small plane into the World Trade Center. Zubaida declined involvement but recommended he talk to bin Laden. Zubaida quickly told FBI interrogators of Mohammed and other al-Qaeda figures such as alleged “dirty bomber” Jose Padilla (see May 8, 2002). He also revealed the plans of the low-level al-Qaeda operatives he fled Afghanistan with. Some wanted to strike US forces in Afghanistan with bombs, while others harbored ideas of further strikes on American soil. But he knew few details, and had no knowledge of plans by senior al-Qaeda operatives. At this point, the CIA took over the interrogations, and the torture began (see Mid-April-May 2002). As a result of the torture, Zubaida began alternating between obstinate silence and providing torrents of falsified and fanciful “intelligence”; when FBI “clean teams” attempted to re-interview some detainees who had been tortured in order to obtain evidence uncontaminated by abusive treatment, Zubaida refused to cooperate. Joseph Margulies, one of Zubaida’s attorneys, says: “The government doesn’t retreat from who KSM is, and neither does KSM. With Zubaida, it’s different. The government seems finally to understand he is not at all the person they thought he was. But he was tortured. And that’s just a profoundly embarrassing position for the government to be in.” Margulies and other lawyers want the US to send Zubaida to another country besides Jordan—Saudi Arabia, perhaps, where Zubaida has family. Military prosecutors have already deleted Zubaida’s name from the charge sheets of detainees who will soon stand trial, including several who were captured with Zubaida and are charged with crimes in which Zubaida’s involvement has been alleged.
Pressure from the White House - The pressure from the White House to get actionable information from Zubaida was intense (see Late March 2002), according to sources. One official recalls the pressure as “tremendous.” He says the push to force information from Zubaida mounted from one daily briefing to the next. “They couldn’t stand the idea that there wasn’t anything new. They’d say, ‘You aren’t working hard enough.’ There was both a disbelief in what he was saying and also a desire for retribution—a feeling that ‘He’s going to talk, and if he doesn’t talk, we’ll do whatever.’” [Washington Post, 3/29/2009]

Entity Tags: Jose Padilla, Al-Qaeda, Ahmed Ressam, Abu Zubaida, Bush administration (43), Federal Bureau of Investigation, Khalid Shaikh Mohammed, US Department of Justice, Joseph Margulies, Central Intelligence Agency, Noor al-Deen

Timeline Tags: Torture of US Captives

One of Hayden’s Twitter posts.One of Hayden’s Twitter posts. [Source: Twitteradar (.com)]Daniel Knight Hayden, an Oklahoma man who has declared himself affiliated with local tea party organizations and the “Oath Keeper” movement (see March 9, 2009 and March 2010), is arrested by FBI agents after posting a series of messages on Twitter threatening to unleash a violent attack on Oklahoma state government officials on April 15, “Tax Day.” On April 13, under the moniker “CitizenQuasar,” Hayden began posting a blizzard of “tweets” about his intention to be on the Oklahoma State Capitol steps on the 15th, at first as part of a peaceful tea party event, then escalating into harsher rhetoric, and eventually threats of violence. On April 14, he wrote: “Tea Parties: And Poot Gingrich wants to stand in the limelight. He is a NWO operative,” referring to former Republican House Speaker and tea party favorite Newt Gingrich, and accusing him of being an “operative” for the “New World Order” (see September 11, 1990). Towards midnight of April 14, Hayden begins the following series of posts: “Maybe it’s time to die. Let’s see if I can video record the Highway Patrol at the entrance to the Oklahoma State Capitol.” “While trying to inform them of Oath Keepers” (and links to the Oath Keepers blog). “And post it on the internet. Since i live on this sorry f_cking state,that is as good a place as ANY to die and start a WAR. WEshallsee.” “I WISH I had someone to watch my back with MY camera.” “AND, no matter WHAT happens, to post it on the internet IMMEDIATELY, AND send it to Alex Jones!!!!!!!!!!!!” (referring to radio talk show host Alex Jones). “Damnit!” “Alas… WE SHALL see the TRUTH about this sorry f_cking state!!!!!!!” After a few more posts, Dyer begins posting direct threats of violence (later removed from the Twitter account, but presented in the FBI affidavit). “The WAR wWIL start on the stepes of the Oklahoma State Capitol. I will cast the first stone. In the meantime, I await the police.” “START THE KILLING NOW! I am wiling to be the FIRST DEATH! I Await the police. They will kill me in my home.” “After I am killed on the Capitol Steps like REAL man, the rest of you will REMEMBER ME!!!” “I really don’ give a sh_t anymore. Send the cops around. I will cut their heads off the heads and throw the on the State Capitol steps.” Hayden is taken into custody before he can go to the Capitol building, and arrested for transmitting threats to kill or injure people using interstate communication tools over the Internet. FBI agent Michael Puskas confirms that Dyer posted under the moniker “CitizenQuasar,” and says Dyer also has MySpace and Blogger accounts under similar monikers. Wired magazine says it “appears to be [the] first criminal prosecution to stem from posts on the microblogging site,” and calls Dyer’s MySpace page “a breathtaking gallery of right-wing memes about the ‘New World Order,’ gun control as Nazi fascism, and Barack Obama’s covert use of television hypnosis, among many others.” Dyer will be arraigned on April 16 and ordered released to a halfway house, a move the Associated Press reports as suggesting “the magistrate judge does not consider him a genuine threat.” [Wired News, 4/24/2009; Associated Press, 4/26/2009] Posters on the conservative blog Free Republic, commenting on Hayden’s arrest, label him a “leftist” who intended to kill tea party protesters, a contention they say is proven by Hayden’s vows to seek revenge for the government’s execution of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). One poster writes: “Hayden appears to be one of those mixtures of far out ideologies. On one hand he seems to support nazism but accused Obama of using mind control.” [Free Republic, 4/24/2009]

Entity Tags: Wired News, Federal Bureau of Investigation, Daniel Knight Hayden, Free Republic, Newt Gingrich, Michael Puskas, Oath Keepers

Timeline Tags: US Domestic Terrorism

One of many signs held by protesters at the 9/12 rally in Washington.One of many signs held by protesters at the 9/12 rally in Washington. [Source: Daily Kos]An organization called the “9/12 Project” (see March 13, 2009 and After), sponsored by Fox News talk show host Glenn Beck, holds a protest rally on the Capitol Mall in Washington. Other sponsors include lobbying firm FreedomWorks (see February 16-17, 2009, February 19, 2009 and After, February 27, 2009, March 2, 2009, March 13, 2009 and After, April 14, 2009, and April 15, 2009), ResistNet (see August 10, 2009) and Tea Party Patriots (see July 17, 2009 and Late July, 2009). Many protesters credit Beck for inspiring them to come to the protest, though Beck himself does not attend. [Talking Points Memo, 9/12/2009; Washington Post, 9/12/2009] Many of the signs praise Beck and Fox News, while others celebrate former Alaska Governor Sarah Palin (R-AK), Representative Ron Paul (R-TX), and other conservative figures. Still others further the claim that health care reform will “kill Grandma” (see August 12, 2009) and “kill babies.” One sign, referring to House Speaker Nancy Pelosi (D-CA), reads, “I need my health care… Pelosi makes me sick!” Many signs depict President Obama as a Communist or socialist; one claims, “I work hard so Obama voters don’t have to!” and another refers to “Comrade Obama.” One sign, declaring “Yes! We are a Christian nation!” is signed by one of the rally speakers, Senator Jim DeMint (R-SC). [John Lewandowski, 9/12/2009]
Inflating the Numbers - Reports by local police and fire officials estimate the crowd at between 60,000 and 70,000, which columnist Josh Marshall calls “smallish by big DC protest/event standards but definitely respectable.” The Washington Post reports, “Tens of thousands protest Obama initiatives and government spending.” However, estimates by conservative radio hosts, bloggers, and media commentators put the numbers far higher, at up to two million. (TPMDC’s Brian Beutler notes that expectations were inflated the day before by a Democratic House staffer, who sent out an e-mail predicting a turnout “ranging from hundreds of thousands to two million people.” Beutler writes: “For reference, two million is just a hair under four times the total population of Washington, DC, and approximately the number of people who showed up to the history-making inauguration of President Barack Obama. Sound like a bit of an exaggeration? It probably is.” He also notes, “A source at a major liberal organization in Washington says, ‘one of the things we decided to do was try to raise expectations for turnout.’” When the initial figures are published in the media, protest organizers and various participants begin claiming that the actual turnout was somewhere between one and two million, but the numbers are being suppressed by pro-Obama media outlets. [TPMDC, 9/11/2009; Talking Points Memo, 9/12/2009] One conservative blogger writes: “‘Media’ estimates range from 60,000 to 500,000 to around two million (yes, 2,000,000). Those estimates, the language employed, and the visuals chosen for use in reporting the rally and representing the people gathered, vary greatly based solely on bias.” [St. Petersburg Times, 9/14/2009] Conservative blogger Michelle Malkin initially reports third-hand claims that ABC News is reporting turnouts between 1.2 and two million, then updates her report to note ABC denies making any such claim. She quotes another conservative blogger who writes, “However big it was, it was bigger than expected.” By day’s end, Malkin notes an ABC report that the wildly inflated crowd estimate came from FreedomWorks: “Matt Kibbe, president of FreedomWorks, the group that organized the event, said on stage at the rally Saturday that ABC News was reporting that one million to 1.5 million people were in attendance. At no time did ABC News, or its affiliates, report a number anywhere near as large. ABCNews.com reported an approximate figure of 60,000 to 70,000 protesters, attributed to the Washington, DC, fire department. In its reports, ABC News Radio described the crowd as ‘tens of thousands.’ Brendan Steinhauser, spokesman for FreedomWorks, said he did not know why Kibbe cited ABC News as a source.” Malkin then writes, “The Left, of course, has seized on the error to discredit the undeniably massive turnout today.” [Michelle Malkin, 9/12/2009; ABC News, 9/13/2009] The next day, unidentified people circulate a photo from 1997 to ‘prove’ that the rally actually attracted over a million protesters (see September 13-14, 2009). Two days after the event, London’s Daily Mail reports “up to two million” at the rally. [London Daily Mail, 9/14/2009]
Fears of Socialism - The Post reports that many protesters wave signs and tell reporters about their fears of a “socialist America” under Obama, and warn that the Democrats’ attempts to reform US health care are undermining the Constitution. One protester bellows into a bullhorn: “You want socialism? Go to Russia!” “Hell hath no fury like a taxpayer ignored,” Andrew Moylan, head of government affairs for the National Taxpayers Union, tells the crowd, which responds with lusty cheers. One speaker, Representative Tom Price (R-GA), tells the crowd: “You will not spend the money of our children and our grandchildren to feed an overstuffed government. Our history is decorated by those who endured the burden of defending freedom. Now a new generation of patriots has emerged. You are those patriots.” Many of the signs support Representative Joe Wilson (R-SC), who days before accused Obama of lying during the president’s appearance before Congress (see September 9, 2009). [Washington Post, 9/12/2009]
Exhortations to Violence? - Some of the signs and slogans chanted by the protesters strike observers as perhaps calling for violence against elected officials or citizens who disagree with the protesters’ views, or are racist and/or personally slanderous. One sign depicts an assault rifle and the words, “We came unarmed from Montana and Utah… this time!” Another reads, “The tree of liberty must be refreshed from time to time… Pennsylvanians are armed and ready!” Another, referencing proposed “triggers” that would launch a government program to provide health insurance, depicts a rifle with the caption, “I got your ‘trigger’ right here… it’s called the Second Amendment!” A number of protesters hold professionally printed signs referencing the recent death of Senator Edward Kennedy (D-MA), reading, “Bury ObamaCare with Kennedy.” Another, referencing the Cleveland Zoo and the discredited “birther” theory, asks: “What’s the difference between Cleveland and the White House? One has an African lion and another a lyin’ African!” A related sign calls Obama the “president of Kenya.” Another, purporting to speak in “ghetto slang,” asks, “Where my white privilege males at?” A protester waves a sign reading, “Fascist are [sic] now in control they [sic] are like a cancer slowly killing America WAKE UP.” The now-familiar signs of Obama with a Hitler mustache, and of “socialist” Obama made up like the Joker from Batman comics and movies, are also in evidence. One speaker calls Obama the “parasite-in-chief.” [Washington Post, 9/12/2009; London Daily Mail, 9/14/2009]
Reaction from Democrats - The reaction from Congressional Democrats is tepid. Doug Thornell, an adviser to Representative Chris Van Hollen (D-MD), tells reporters, “There is a lot of intensity on the far right to defeat the president’s agenda, but I am not sure that holding up signs that say we have to bury health reform with Senator Kennedy will go over well with moderates and independent voters.” [Washington Post, 9/12/2009]

Entity Tags: Michelle Malkin, Matt Kibbe, Nancy Pelosi, Joshua Micah Marshall, Tom Price, Sarah Palin, Ron Paul, Washington Post, Tea Party Patriots, Joe Wilson, National Taxpayers Union, Jim DeMint, ResistNet, FreedomWorks, 9/12 Project, ABC News, Barack Obama, Andrew Moylan, Brian Beutler, Brendan Steinhauser, Fox News, Glenn Beck, Doug Thornell

Timeline Tags: US Health Care, Domestic Propaganda

Senate candidate Sharron Angle (R-NV), vying for the seat held by Harry Reid (D-NV), advocates armed insurrection to bring about conservative change in America, and implies that she is ready to use violence to defeat Reid in the race. Angle tells radio talk show host Lars Larson that she believes the US is ripe for an armed revolution, and if “this Congress keeps going the way it is,” Americans will implement “Second Amendment remedies.” The Second Amendment grants citizens the right to own firearms. Larson asks Angle where she stands on the Second Amendment, and she replies: “You know, our Founding Fathers, they put that Second Amendment in there for a good reason and that was for the people to protect themselves against a tyrannical government. And in fact Thomas Jefferson said it’s good for a country to have a revolution every 20 years. I hope that’s not where we’re going, but, you know, if this Congress keeps going the way it is, people are really looking toward those Second Amendment remedies and saying, ‘My goodness, what can we do to turn this country around?’ I’ll tell you the first thing we need to do is take Harry Reid out.” Larson later says that he believes Angle means exactly what she says, particularly about supporting armed insurrection against Congress. “If it continues to do the things it’s doing, I think she’s leaving open that possibility,” Larson will say. “And I think the founders believed that the public should be able to do that when the government becomes out of control. It just matters what you define as going too far.” [Washington Post, 6/15/2010] At least one other time during the primary, Angle publicly advocates that Reid be “take[n] out” with “Second Amendment remedies” (see June 16, 2010). After winning the Nevada Republican primary for the Senate, Angle will retract her remarks (see June 30, 2010).
Recently Left Hard-Right Independent American Party - Angle is a relatively recent convert to the Republican Party. For much of the 1990s, she belonged to the Independent American Party (IAP), a hard-right group that combines libertarianism—gun advocacy, tax repeal, and states’ rights—with Christian social conservatism and an avowed fear of what it calls the “North American Union,” a supposed union of Canada, Mexico, and the US. According to IAP members, Angle left the party in 1998 when she ran for the Nevada state assembly. IAP executive director Janine Hansen will tell a reporter: “It was because she wanted to run for office. And it was difficult for members of our party to get elected at that time. It was a strategic move on her part.” The IAP considers the Republican Party “corrupt and socialistic,” according to its Web site. IAP founder David Hansen drew national attention in 1992 by bringing a sign to a political rally that read, “If Guns Are Outlawed, How Can We Shoot the Liberals?” [TPMDC, 6/15/2010]
Supports Violent Militia - Angle is also a member of the Oath Keepers, a far-right group that enjoins its members—which include many soldiers and police officers—to refuse to follow orders they consider unconstitutional, and warns that the government intends to turn American cities into “giant concentration camps” (see March 9, 2009 and March 2010). The organization has been cited by the Southern Poverty Law Center (SPLC) as a violent militia group that is actively recruiting members for an upcoming armed revolt. Angle’s husband Ted Angle will say in June 2010 that while he is not sure whether he or his wife are full-fledged members, both of them stand firmly behind its principles. Oath Keepers founder Stewart Rhodes will later say that because neither Angle nor her husband are members of a uniformed service, they can only be associate members, and he is not sure whether Sharron Angle is a member. Rhodes will also deny that Oath Keepers is a militia. “We are an education outfit,” he will say. [TPMDC, 6/9/2010]

Entity Tags: Stewart Rhodes, Ted Angle, Sharron Angle, Lars Larson, David Hansen, Oath Keepers, Harry Reid, Janine Hansen, Independent American Party, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Charles Dyer after being detained by Oklahoma law enforcement authorities.Charles Dyer after being detained by Oklahoma law enforcement authorities. [Source: Duncan Herald]Ex-Marine Charles Dyer is arrested on child rape and federal weapons charges. Dyer, a declared member of the “Oath Keepers” organization (see March 9, 2009 and March 2010), is charged with raping a seven-year-old girl at his home in Marlow, Oklahoma. When Stephens County deputies search his home, they find a Colt M-203 grenade launcher they believe was stolen from a California military base in 2006. Dyer’s arrest causes a split among members of the far-right “Patriot” movement, with militia members rallying behind Dyer and organizations such as the Oath Keepers distancing themselves from supporting him. Dyer was charged with making disloyal statements when, as an active-duty Marine, he posted what Mother Jones calls “incendiary videos on YouTube” under the moniker “July4Patriot.” Wearing a skull mask that partially obscured his face, he called for armed, violent resistance against the US government, railed against the “New World Order” (see September 11, 1990), and invited viewers to join him at his Oklahoma home for military training, at what he said the government “will call… a terrorist training camp.” Dyer was acquitted and continued making video protests and exhortations without the mask, becoming popular among fringe militia elements. In one video made after his discharge from service, he announced his intention of becoming a “domestic terrorist.” Dyer has been a visible and outspoken member of the Oath Keepers since the organization’s first rally, and for a time he was considered an Oath Keeper spokesman, and with Oath Keeper leader Stewart Rhodes’s blessing represented the group at a July 4, 2010 tea party rally. He often featured Oath Keeper logos and materials on his YouTube videos, and wore an Oath Keeper sweatshirt on some of them. Following Dyer’s arrest, Rhodes removes Dyer’s postings and material from the Oath Keepers Web site, and denies Dyer had any official connection with the group. Rhodes insists that Dyer never paid his $30 dues to become a member, though the organization has always said it costs nothing to join, and says he asked Dyer to stop identifying himself as an Oath Keeper after he learned that Dyer was trying to recruit for an Oklahoma militia. A blogger for American Resistance Radio calls Rhodes “beyond cowardly” and labels Dyer the “1st POW of the 2nd American Revolution.” On the Oath Keepers site, a Marine from Arizona speculates that the charges against Dyer could be the start of a false campaign to arrest and detain American patriots. But if the allegations are true, he writes, “may he rot in hell.” [Duncan Banner, 1/16/2010; Mother Jones, 1/22/2010; Southern Poverty Law Center, 1/22/2010; TPMMuckraker, 1/22/2010; Mother Jones, 3/2010]

Entity Tags: American Resistance Radio, Oath Keepers, Stewart Rhodes, Charles Alan Dyer

Timeline Tags: US Domestic Terrorism

Richard Mack speaks to a tea party rally in Post Falls, Idaho, in November 2009.Richard Mack speaks to a tea party rally in Post Falls, Idaho, in November 2009. [Source: Rajah Bose / New York Times]The New York Times publishes a large front-page story on America’s “tea party” movement. The report is written by staff reporter David Barstow, who researched the story for five months, first joining a bus tour by the Tea Party Express (see August 28, 2009) and then staying for the month of October in and around Spokane, Washington, to interview tea party members and others, such as white supremacist militia members, who have some affiliation with tea party organizations. The first person he mentions is a retiree named Pam Stout, who once worked for federal housing programs and is now aghast at the government’s handling of the economic crisis. She told Barstow that one day “she awoke to see Washington as a threat, a place where crisis is manipulated—even manufactured—by both parties to grab power.” She went to a tea party rally, then a meeting of the Sandpoint Tea Party Patriots, where she surprised herself by nominating herself for president. Under her leadership, the Sandpoint group joined a coalition, Friends for Liberty, that includes representatives from Glenn Beck’s 9/12 Project (see March 13, 2009 and After), the extremist, anti-Communist John Birch Society (JBS—see March 10, 1961 and December 2011), and the Oath Keepers (see March 9, 2009 and March 2010), a far-right militia organization. Stout told Barstow that her family worries that she has become enmeshed in a group of conspiracy theorists and ad hoc revolutionaries, but she said she has never felt more engaged. [New York Times, 2/15/2010; Columbia Journalism Review, 2/18/2010]
Increasing Tilt towards Anti-Government Militia Ideology - Barstow writes that many tea party members are like Stout, with an inclination to conservative anti-government politics, but also with a fear of eventual government tyranny that has driven them to join the movement. “These people are part of a significant undercurrent within the tea party movement that has less in common with the Republican Party than with the Patriot movement,” he writes, “a brand of politics historically associated with libertarians, militia groups, anti-immigration advocates, and those who argue for the abolition of the Federal Reserve. Urged on by conservative commentators, waves of newly minted activists are turning to once-obscure books and Web sites and discovering a set of ideas long dismissed as the preserve of conspiracy theorists, interviews conducted across the country over several months show.” Many tea partiers hold former President Bush and President Obama in equal contempt, holding them jointly responsible for deliberately undermining the Constitution and the free market system “for the benefit of a shadowy international network of wealthy elites” (see February 4-8, 2010). Coalition groups like Friends of Liberty are “forming hybrid entities of tea parties and groups rooted in the Patriot ethos. A fear of government tyranny is one of the most common ideological threads running through virtually all tea party organizations.”
Targeting Republicans as Well as Democrats - Barstow continues: “These coalitions are not content with simply making the Republican Party more conservative. They have a larger goal—a political reordering that would drastically shrink the federal government and sweep away not just Mr. Obama, but much of the Republican establishment, starting with Senator John McCain” and other Republicans whom they consider part of the “government conspiracy” to destroy democracy. While tea parties routinely target Democrats in elections, they are also targeting more moderate Republicans, especially those who support ideas or legislation that they feel is part of the “conspiracy.” Republicans who supported the government bailouts of large corporations are being targeted, as are those who support global warming legislation or who have shown any impetus to work with the White House or with Congressional Democrats (see January 29, 2010). Barstow notes that the tea party movement is anything but homogenous and rigidly organized: “It is an amorphous, factionalized uprising with no clear leadership and no centralized structure.” Some groups are “essentially appendages of the local Republican Party,” but many are not. However, many of the beliefs espoused by individual tea partiers tend to be reflected in most groups. Not all believe that Obama wants to impose a dictatorship, with or without McCain’s help, but many do. The frustration expressed by Stout in the economy and the government’s response to it is echoed throughout tea party groups in every state.
Turning to Radical Ideologies and Conspiracy Theorists - One of the tea partiers’ favorite thinkers is Fox News talk show host Glenn Beck (see March 29, 2009). Beck’s often-revisionist, often-inaccurate opinions led many tea partiers to read the Federalist Papers (or, more often, right-wing blogs about the Federalist Papers), conspiracist “exposes” of the Federal Reserve, and the novels of Ayn Rand and George Orwell. Online resources tailored for tea party organizations provide a wealth of what Barstow calls “radical critiques of Washington.” Two of the primary sites are ResistNet.com and InfoWars, both of which combine far-right ideology with a plethora of conspiracy theories covering everything from 9/11 and the Federal Reserve to the New World Order (see September 11, 1990). Some tea partiers are joining with militia groups, or forming their own, and making stockpiles of food, gold, and weaponry to prepare for the end of civilization. Many tea party leaders say they believe that a return to a strict adherence to constitutional law would solve most of the nation’s problems, but many of them espouse a radical view of the Constitution, such as that delineated by radical Constitutional revisionist W. Cleon Skousen (first popularized among the tea party community by Beck—see 1963). Many want to completely do away with Social Security, Medicare, Medicaid, the federal income tax, and most government agencies, all of which they say violate the Constitution. Some go even farther, advocating secession, states “nullfying” federal laws, and the formation of citizen militias. The tea parties in the Pacific Northwest, Barstow writes, have been shaped by influences such as libertarian Representative Ron Paul (R-TX) and by the sometimes-violent anti-government activism of northern Idaho (see Early 1970s, 1980-1982, 1983-1995, and February 15, 1995). The 1992 standoff at Ruby Ridge (see August 31, 1992), which occurred in nearby Idaho, is a touchstone for many tea partiers, just as it was for Oklahoma City bomber Timothy McVeigh (see August 21-31, 1992). Many, but not all, tea party members and groups embrace the “birther” conspiracy theory that Obama is not a natural American citizen. A favorite news blog, WorldNetDaily, routinely electrifies the movement by warning of new White House plans to build massive internment camps and stuff them with tea party members, or of plans to send waves of United Nations troops throughout the nation to confiscate Americans’ guns. ResistNet regularly warns that Obama is trying to convert Interpol, the international police organization, into his own personal police force, and advises tea partiers to “grab their guns.” Tea partiers like Mary Johnson of New Mexico points to the Bush-era wiretapping scandal as proof that the government can, and is, preparing to bring democracy to an end. As the groups’ fear and contempt for the federal government grows, Barstow writes, they turn more frequently to “fringe” groups such as white supremacist, anti-government militias. In Indiana, a militia coalition called Defenders of Liberty is networking with tea party groups and other “Patriot” organizations throughout the state. Darin Stevens, the leader of the Spokane 9/12 project, told Barstow that before tuning in to Beck’s show, he had paid almost no attention to politics. After the recession hit and his personal financial structure started to collapse, he began watching Beck. “I had no clue that my country was being taken from me,” he explains. He began the Spokane chapter of Beck’s 9/12 project, and was astounded that 110 people attended the first meeting. Stevens now belongs to the Oath Keepers as well as the 9/12 Project. Spokane tea partier Leah Southwell became a convert after stumbling on Paul’s speeches on YouTube. Southwell turned from being a successful Mary Kay makeup sales representative to being a self-described member of “the uprising.” Southwell, through Paul, is now fully supportive of the Patriot ideology, and holds as evident truth a number of conspiracy theories involving the Bilderberg Group, the Trilateral Commission, and the Council on Foreign Relations. “The more you know, the madder you are,” she told Barstow. “I mean when you finally learn what the Federal Reserve is!” Southwell is now a local official with the John Birch Society. She says that the affiliation between organizations like the JBS and the tea parties will continue to grow: “Most of these people [tea partiers] are just waking up.” Former car salesman Richard Mack, a longtime militia supporter who co-wrote Ruby Ridge survivor Randy Weaver’s memoirs, is a favorite speaker at tea party events. “People just do not trust any of this,” Mack told Barstow. “It’s not just the fringe people anymore. These are just ordinary people—teachers, bankers, housewives.”
Amorphous Structure - Local tea party groups often join, in one degree or another, one of several competing national tea party organizations such as ResistNet or the Tea Party Express, most of which are organized, staffed, and funded by conservative lobbying groups such as FreedomWorks (see February 16-17, 2009, February 19, 2009 and After, February 27, 2009, March 2, 2009, March 13, 2009 and After, April 14, 2009, and April 15, 2009) or Americans for Prosperity (see Late 2004, February 16-17, 2009, February 19, 2009 and After, and April 2009 and After). Some tea party groups have been joined by, or in some cases overrun by, other groups, from “birthers” to militias, supporters of Lyndon LaRouche, pro-gun groups, and the sovereign states movement. Many coalitions such as Friends of Liberty were formed in opposition to what leaders called the endless “hijack attempts” by state and county Republican Parties. Dann Selle of the Official Tea Party of Spokane told Barstow, “We had to stand our ground, I’ll be blunt.”
Support from Elected Politicians - Rick Perry, the governor of Texas and a possible 2012 Republican candidate for president, has joined with Texas tea parties in supporting the state’s secession from the United States. Nevada Republican Joe Heck, who ran for Congress in 2008, attacked both parties for moving the nation towards “socialist tyranny” and solicited tea party support at a rally in Las Vegas. Indiana Republican Richard Behney, running for the US Senate, told tea party supporters that if the 2010 elections did not turn out to his liking: “I’m cleaning my guns and getting ready for the big show. And I’m serious about that, and I bet you are, too.” [New York Times, 2/15/2010]

Entity Tags: ResistNet, Richard Behney, Richard Mack, Republican Party, Ron Paul, US Federal Reserve, Tea Party Express, WorldNetDaily, Sandpoint Tea Party Patriots, W. Cleon Skousen, Timothy James McVeigh, Pam Stout, Oath Keepers, New York Times, Mary Johnson, Defenders of Liberty, 9/12 Project, Americans for Prosperity, Barack Obama, Dann Selle, Fox News, FreedomWorks, Friends for Liberty, Glenn Beck, Leah Southwell, John McCain, Darin Stevens, John Birch Society, James Richard (“Rick”) Perry, InfoWars, Joe Heck, David Barstow

Timeline Tags: Domestic Propaganda

Private Lee Pray, a member of the Oath Keepers. His finger tattoo spells out ‘THOR.’Private Lee Pray, a member of the Oath Keepers. His finger tattoo spells out ‘THOR.’ [Source: Mother Jones]The progressive news magazine Mother Jones publishes a detailed examination of the Oath Keepers (see March 9, 2009), one of the fastest-growing “patriot” groups on the far right. The group was founded in April 2009 by Stewart Rhodes, a lawyer who once served as an aide to libertarian US Representative Ron Paul (R-TX). According to author Justine Sharrock, it has become “a hub in the sprawling anti-Obama movement that includes Tea Partiers, Birthers, and 912ers.” (Sharrock is referring to the burgeoning “tea party” movement, the people who believe President Obama is not an American citizen (see August 1, 2008 and After and October 8-10, 2008), and the “9/12” organization formed by lobbying organization FreedomWorks and Fox News host Glenn Beck—see March 13, 2009 and After.) Beck, MSNBC commentator Pat Buchanan (see May 28, 2009, June 20, 2009, and July 16, 2009), and CNN host Lou Dobbs have publicly praised the organization. In December 2009, a grassroots summit organized by the Oath Keepers drew lawmakers such as US Representatives Phil Gingrey (R-GA) and Paul Broun (R-GA). Sharrock’s profile is based on research and interviews with Rhodes, other Oath Keeper leaders, and ordinary members such as Private Lee Pray, who is stationed at Fort Drum, New York.
Group Made Up of Uniformed Citizens - What sets the group apart from others on the far-right fringe is that its membership is restricted to US citizens in uniform—soldiers, police officers, and veterans. At its ceremonies, members reaffirm their official oaths of service, pledging to protect the Constitution, but then go a step further, vowing to disobey “unconstitutional” orders from what they view as an increasingly tyrannical government. Pray says he knows of five fellow Oath Keepers at Fort Drum.
Preparing for Tyranny, Martial Law - He and other members are actively recruiting, arguing that under Obama, the US government is turning increasingly tyrannical and must be opposed, violently if need be. Pray says that many Oath Keepers had problems with some government policies under President Bush, but those reservations have grown with Obama’s ascension to power. Rhodes tells Sharrock: “Too many conservatives relied on Bush’s character and didn’t pay attention. Only now, with Obama, do they worry and see what has been done. Maybe you said, ‘I trusted Bush to only go after the terrorists.’ But what do you think can happen down the road when they say, ‘I think you are a threat to the nation?’” Pray, like many members, believes it will be a year at most before Obama declares martial law, perhaps under the pretext of a natural disaster or another 9/11-level terror attack, and begin detaining citizens en masse and banning interstate travel. Another Oath Keeper advises Sharrock to prepare a “bug out” bag with 39 items including gas masks, ammunition, and water purification tablets, so that she will be prepared “when the sh_t hits the fan.” Pray and his friends have a “fortified bunker” at one of their member’s parents’ home in rural Idaho, where they have stashed survival gear, generators, food, and plenty of weapons. If need be, they say, they will attack their fellow soldiers. Pray describes himself as both a “birther” and a “truther,” believing that Obama is an illegitimate president installed by a government that launched the 9/11 attacks on its own soil to drive the country further down the road towards tyranny. Pray has suffered demotion for a drinking problem, and was denied deployment to Iraq when he injured his knees in a fall. Right now his job involves operating and maintaining heavy equipment on base, and he is listed currently as “undeployable.” He and his fellow Oath Keepers on base spend their free time researching what they call the “New World Order” (see September 11, 1990) and conspiracies about detention camps. Pray is one of the few active-duty members who will agree to have his name made public; Rhodes encourages active-duty soldiers and police officers to hide their membership in the group, saying a group with large numbers of anonymous members can instill in its adversaries the fear of the unknown—a “great force multiplier,” he calls it. Pray worries that the CIA is monitoring his phone calls and insists that unmarked black cars follow him when he drives. A fellow Fort Drum Oath Keeper who only allows his first name of Brandon to be used, and who is also “undeployable” due to his own injuries, says that the off-limits areas of Fort Drum contain concentration camps. Sharrock notes that the soldiers’ behavior might be considered “paranoid,” but writes, “Then again, when you’re an active-duty soldier contemplating treason, some level of paranoia is probably sensible.”
Stewart Rhodes - Rhodes, a Yale graduate and constitutional lawyer, is working on a book currently titled We the Enemy: How Applying the Laws of War to the American People in the War on Terror Threatens to Destroy Our Constitutional Republic. He is an Army veteran who was honorably discharged after injuring his spine in a parachute jump, and worked for a time supervising interns in Ron Paul’s Congressional office. He briefly practiced law in Montana, has worked as a sculptor and a firearms instructor, and writes a gun-rights column for SWAT magazine. He describes himself as a libertarian, a staunch constitutionalist, and a devout Christian. He decided to abandon electoral politics in 2008 after Paul’s presidential bid failed, and turned instead to grassroots organizing. In college, he became fascinated with the idea that had German soldiers and police refused to follow orders in the 1930s, Adolf Hitler could have been stopped. In early 2008, he read a letter in SWAT magazine declaring that “the Constitution and our Bill of Rights are gravely endangered” and that service members, veterans, and police “is where they will be saved, if they are to be saved at all!” Rhodes responded with a column predicting a future President Hillary (“Hitlery”) Clinton turning the US into a despotism while dressed in her “Chairman Mao signature pantsuit.” He asked readers if they intended to follow this “dominatrix-in-chief,” hold militia members as enemy combatants, disarm citizens, and shoot all resisters. If “a police state comes to America, it will ultimately be by your hands,” he wrote. You had better “resolve to not let it happen on your watch.” Shortly thereafter, he set up a blog he called “Oath Keepers,” asking for testimonials from soldiers and veterans, and began gaining popularity. Military officers offered assistance. A Marine Corps veteran invited Rhodes to speak at a local tea party event. Paul campaigners provided strategic advice. In March 2009, Rhodes attended a rally staged by a pro-militia group, and in front of the crowd of some 400 participants, officially launched the Oath Keepers movement (see March 9, 2009). Buchanan and Beck have praised Rhodes, with Buchanan predicting that he “is headed for cable stardom.” Conspiracy theorist Alex Jones of Infowars.com has repeatedly featured Rhodes and the Oath Keepers on his radio talk show.
Attracts Attention of Anti-Hate Organizations - The Oath Keepers has come to the attention of anti-hate organizations such as the Anti-Defamation League and the Southern Poverty Law Center (SPLC), which have cited the group in their reports on rising anti-government extremism. Rhodes has accused the SPLC of trying “to lump us in with white supremacists and neo-Nazis, and of course make the insinuation that we’re the next McVeigh,” referring to Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Author David Neiwert, an expert on right-wing groups, tells Sharrock that it would be a mistake to term them another amalgamation of “right-wing crackpots” or “extremist nimrods,” as other press outlets have done. “[T]he reality is a lot of them are fairly intelligent, well-educated people who have complex worldviews that are thoroughly thought out,” Neiwert says. Neiwert and Sharrock tie Rhodes’s message to the much earlier views expressed by members of the now-defunct Posse Comitatus (see 1969), and note that the last reemergence of this brand of rhetoric took place during the last time a Democrat, Bill Clinton, was in the White House. Today, groups like the Oath Keepers use the Internet, particularly Facebook and YouTube, and cable news networks, to connect with like-minded citizens around the world. “The underlying sentiment is an attack on government dating back to the New Deal and before,” Neiwert says. “Ron Paul has been a significant conduit in recent years, but nothing like Glenn Beck and Michele Bachmann [R-MN] and Sarah Palin (see October 10, 2008)—all of whom share that innate animus.” While Rhodes and most Oath Keepers say they will only begin active disobedience under the delineated circumstances laid out by the group, some members have gone down their own paths of violence. Oath Keeper Daniel Knight Hayden set off a controversy last April 15 with a barrage of messages on Twitter stating his intention to “START THE KILLING NOW!” by engaging in a gun battle at the Oklahoma State Capitol and urging other Oath Keepers to join him (see April 14-15, 2009). Rhodes denounced Hayden, but Neiwert notes that Rhodes’s inflammatory and inciteful rhetoric can have what he calls “an unhinging effect” on people inclined toward violent action. “It puts them in a state of mind of fearfulness and paranoia, creating so much anger and hatred that eventually that stuff boils over.” In January, ex-Marine and Oath Keeper spokesman Charles Dyer, who beat a treason charge for advocating armed resistance to the government, was arrested on charges of raping a 7-year-old girl, and authorities found stolen military weaponry at his home; some militia groups have hailed Dyer as “the first POW of the second American Revolution,” but Rhodes removed information about him from the organization’s Web sites and now denies he was ever a member (see January 21, 2010). Rhodes says he and his Web staff are “overwhelmed” with the need to delete messages encouraging racism and violence from their blog, and recently he shut down one Internet forum because of members’ attempts to use it to recruit for militia organizations. Chip Berlet of the watchdog group Political Research Associates and an expert on far-right movements equates Rhodes’s rhetoric to yelling fire in a crowded theater. “Promoting these conspiracy theories is very dangerous right now because there are people who will assume that a hero will stop at nothing.” What will happen, he adds, “is not just disobeying orders but harming and killing.” Rhodes acknowledges that to follow through on his rhetoric could be risky, and reminds Sharrock that freedom “is not neat or tidy, it’s messy.”
Gold Standards, Muslim Rights, and Treasonous Federal Institutions - During a recent meeting at a North Las Vegas casino, Sharrock took part in discussions of whether Muslim citizens had rights under the Constitution, why the Federal Reserve was a treasonous institution, why the government should be run under Biblical law and a gold standard, and how abortion-rights advocates are part of a eugenics plan targeting Christians. The group takes no official stance on the US’s war on terror or its foreign engagements in Iraq and Afghanistan, but a recent Oath Keeper member who promoted his dual membership in the Iraq Veterans Against the War (IVAW) on the Oath Keepers blog had his post removed by Rhodes, who called the IVAW a “totalitarian” and “communist” organization.
Expanding Membership - Rhodes says the group has at least one chapter in each of the 50 states, and claims the group has some 29,000 members, not counting the ones who keep their membership off the computer lists. Volunteers are preparing a large “outreach” to soldiers serving overseas. The organization has worked hard to become a staple of tea party events, and tells tea partiers that bringing guns to those events reminds participants of their constitutional rights. The organization has made strong connections with groups such as the Constitution Party and Phyllis Schlafly’s Eagle Forum, and national figures such as Ralph Reed, the former director of Pat Robertson’s Christian Coalition, and Larry Pratt of Gun Owners of America. Elected officials such as Broun, Gingrey, Bachmann, and Steve King (R-IA) have expressed their interest in sponsoring legislation crafted by Oath Keeper leaders. [Mother Jones, 3/2010]

Entity Tags: David Neiwert, Daniel Knight Hayden, Sarah Palin, Ron Paul, Steve King, Stewart Rhodes, Timothy James McVeigh, Chip Berlet, Alex Jones, Ralph Reed, Anti-Defamation League, Charles Alan Dyer, Barack Obama, Posse Comitatus, Southern Poverty Law Center, Paul Broun, Justine Sharrock, Glenn Beck, George W. Bush, FreedomWorks, Eagle Forum, Larry Pratt, Phil Gingrey, Patrick Buchanan, Lee Pray, Mother Jones, Oath Keepers, Constitution Party, Michele Bachmann, Lou Dobbs

Timeline Tags: US Domestic Terrorism

Depiction of an Oath Keeper shoulder patch.Depiction of an Oath Keeper shoulder patch. [Source: Oath Keepers]Darren Huff, a former US Navy officer from Georgia who belongs to a far-right militia group called the “Oath Keepers” (see March 9, 2009 and March 2010), drives to Madisonville, Tennessee, as part of a group of militia members with the intention of “tak[ing] over” the Madisonville courthouse and freeing Walter Fitzpatrick, who was jailed when he tried to enforce a “citizen’s arrest” on a judicial official for failing to convene an investigation into President Obama’s citizenship (see April 1-5, 2010). The Oath Keepers are a group of former military and law enforcement officials who often advise current military and law enforcement personnel not to obey orders from higher authorities on the grounds that those orders do not satisfy constitutional mandates. Huff drives to Tennessee with a Colt .45 and an AK-47, but is intercepted by state troopers acting on an alert from the FBI. The troopers tell reporters that Huff acknowledges being armed, and states his intention to go to the Madisonville courthouse, take over the facility, and arrest county officials, whom he calls “domestic enemies of the United States engaged in treason,” and turn them over to the state police. According to a witness interviewed by the FBI, Huff is only one member of “eight or nine militia groups” whose intent is to go to Madisonville to “take over the city.” The witness, a bank manager, says Huff told him he’d see Huff’s actions on the news. Madisonville law enforcement officials report witnessing numerous individuals carrying both openly displayed and concealed firearms in the area around the courthouse. The troopers permit Huff to proceed to the courthouse, though Huff attempts no arrests and no violence ensues. The next day, Huff tells a radio audience that his encounter with the troopers was “not entirely confrontational.… We were kind of a little bit more on a friendly level, even some Christian conversation came in, which I was glad for.” He tells his listeners that he showed great restraint by not performing a citizen’s arrest on the troopers, and adds that because the first attempt to free Fitzpatrick was unsuccessful, he and other militia members intend to mount a second “rescue effort” within one to two weeks. Instead, Huff is arrested by the FBI, who listened to the broadcast and determined that he has the means and the intent to cause violence. Carl Swensson, who like Fitzpatrick is a member of the right-wing, anti-government group “American Grand Jury” (AGJ), recounts the entire series of incidents on his Web site, and demands others get involved “to help the citizen’s [sic] of the United States regain our Constitutional Republic by peaceful means.” [WBIR-TV, 5/4/2010; TPM Muckraker, 5/6/2010; Crooks and Liars, 5/6/2010]

Entity Tags: Walter Fitzpatrick, Federal Bureau of Investigation, Carl Swensson, Oath Keepers, American Grand Jury, Barack Obama, Darren Huff

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The John Birch Society booth displays a banner at the ‘Freedom Rally’ before the debate.The John Birch Society booth displays a banner at the ‘Freedom Rally’ before the debate. [Source: Think Progress]Several prospective contenders for the Republican presidential nomination in 2012 participate in a debate in Greenville, South Carolina. The debate is presaged by a “Freedom Rally,” co-sponsored by local tea party groups, the local chapter of the far-right, implicitly racist John Birch Society (JBS—see March 10, 1961 and December 2011), and a far-right militia organization, the Oath Keepers (see March 9, 2009). The rally features speakers such as Judge Roy Moore, the former Alabama Supreme Court chief justice who lost his job after refusing to remove a Ten Commandments monument from the state judicial building, and Governor Nikki Haley (R-SC). “The change we’ve done in South Carolina can be done across the country,” Haley tells a crowd of some 200 members. “We need to change the person in the White House.” Other speakers talk about issues such as defending traditional marriage and making gold and silver legal tender in South Carolina. The JBS has been considered so extreme that until 2010, mainstream Republicans refused to countenance its involvement in their political events and campaigns (see April 19, 2010). Former Governor Tim Pawlenty (R-MN), former Senator Rick Santorum (R-PA), US Representative Ron Paul (R-TX), former Governor Gary Johnson (R-NM), and former Godfather’s Pizza CEO and radio talk show host Herman Cain take part in the debate. Paul and Johnson are libertarians; during the debate, Paul argues for the legalization of heroin, Johnson calls for the legalization of marijuana, and both call for the US to end its military involvement in Afghanistan. [Fox News, 5/5/2011; Think Progress, 5/5/2011; Washington Post, 5/5/2011] Many credit Paul with bringing the JBS back into “favor” with the Republican Party (see July 22, 2007 and August 4, 2008). Fox News host Glenn Beck has also praised the JBS in his broadcasts (see November 9-11, 2010 and After).

Entity Tags: Tim Pawlenty, Roy Stewart Moore, Ron Paul, Nikki Haley, Republican Party, Herman Cain, Glenn Beck, Rick Santorum, Gary Earl Johnson, Oath Keepers, John Birch Society, Barack Obama

Timeline Tags: Domestic Propaganda, US Domestic Terrorism, 2012 Elections

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