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Context of 'June 25, 2003: Defense Deparment Lawyer Tells Senator that US ‘Does Not Permit’ Torture, Refuses to Provide Information on Specific Interrogation Techniques'

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The day following Maher Arar’s handover by the CIA to Jordanian authorities (see October 8, 2002), the overland journey to Syria resumes in various cars and again Arar is beaten. In the evening, Arar arrives at the so-called “Palestinian branch” of Syrian military intelligence. Interrogation begins. “I was very, very scared,” Arar will later recall. There is a metal chair in the corner, and each time Arar does not answer quickly enough, a Syrian colonel points at the chair and asks, “Do you want me to use this?” Arar later learns it is used for torture. Four hours later, he is taken to a cell in the basement. “It was like a grave,” Arar says. “It had no light. It was three feet wide. It was six feet deep. It was seven feet high.… There was a small opening in the ceiling, about one foot by two feet with iron bars. Over that was another ceiling, so only a little light came through this. There were cats and rats up there, and from time to time the cats peed through the opening into the cell. There were two blankets, two dishes, and two bottles. One bottle was for water and the other one was used for urinating during the night. Nothing else. No light. I spent ten months and ten days inside that grave.” (CBC News 11/26/2004)

A day after his arrival at the “Palestinian Branch” prison in Syria (see October 9, 2002), Maher Arar’s captors begin torturing him. He will later claim, “The beating started… and was very intense for a week, and then less intense for another week. That second and the third days were the worst. I could hear other prisoners being tortured, and screaming and screaming. Interrogations are carried out in different rooms.” Only on this day, two days after his removal, is Canada officially informed of Arar’s deportation from the US. (CBC News 11/26/2004) A few days later, Arar’s wife, Monia Mazigh, relays her concerns about his fate. “I don’t know even if he’s dead, alive, tortured, punished, anything,” she says. (CBC News 10/16/2002) The next two days, his torturers use a two-inch thick black electrical cable to beat him all over his body, but mostly on his hands and wrists. They also threaten him with “the chair,” electric shocks and, while constrained inside a tire, with beatings on the sole of his feet. Another tactic is to scare him by putting him in a waiting room where he is forced to listen to the screams of other prisoners being tortured. On the third day, the interrogation round lasts about 18 hours. “They kept beating me so I had to falsely confess and told them I did go to Afghanistan. I was ready to confess to anything if it would stop the torture. They wanted me to say I went to a training camp. I was so scared I urinated on myself twice. The beating was less severe each of the following days. At the end of each day, they would always say, ‘Tomorrow will be harder for you.’ So each night, I could not sleep—I did not sleep for the first four days, and slept no more than two hours a day for about two months.” Interrogations and torture end around October 20, three days before Arar receives a visit from the Canadian consulate. With the colonel and three other Syrian officials present, Arar does not dare talk about his experiences. After the visit, he is required to sign a document, the contents of which are unknown to him, and on another document he is forced to write that he has been to Afghanistan. All in all, Arar receives seven consular visits and one from members of the Canadian parliament. He is never in the position, however, to tell his visitors about the torture and his grave-like cell. For six months he does not see any sunlight, except for during the interrogations and visits. He loses 40 pounds. “I had moments I wanted to kill myself. I was like a dead person.” (Brown 11/12/2003)

Two days after General Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel’s (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lieutenant Colonel Jerald Phifer, Director J2, sends a memo, to Major General Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. (US Department of Defense 10/11/2002 pdf file; Mayer 2/27/2008) In 2009, Senator Carl Levin (D-MI) will write (see April 21, 2009) that Dunlavey’s request is sparked by recent reports on the use of SERE training techniques for interrogation purposes (see January 2002 and After and April 16, 2002). (Levin 4/21/2009)
Three Categories of Techniques - The memo states, “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to 30 days; sensory deprivation and hooding; 20-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees’ phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” (US Department of Defense 10/11/2002 pdf file; Mayer 2/27/2008)
Desire to Extract More Information from Detainee - The request is prompted in part by military intelligence’s belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al-Khatani is a person in… whom we have considerable interest,” Dell’Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” (Washington File 6/23/2004)
JAG Officer Concludes Tactics are Legal - The same day, a staff judge advocate, Lieutenant Colonel Diane E. Beaver, reviews Phifer’s proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, General James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” (US Department of Defense 10/11/2002 pdf file) Beaver concludes that since President Bush had decided that all the detainees “are not protected by the Geneva Conventions” (see January 18-25, 2002, February 7, 2002), all of the desired techniques are allowable because “no international body of law directly applies.” (Savage 2007, pp. 178)

An explosion lights up the sky on the island of Bali, Indonesia.An explosion lights up the sky on the island of Bali, Indonesia. [Source: Agence France-Presse]A car bomb detonates in front of a discotheque at Kuta Beach, on the Indonesian resort island of Bali, starting a fire that rages through a dozen buildings. A backpack-mounted device carried by a suicide bomber explodes in another Kuta Beach discotheque. 202 people are killed and 209 are injured. Eighty-eight of those killed are Australian, while most of the rest are Indonesian. A much smaller device explodes outside the US consulate in nearby Denpasar, causing only minor damage and no casualties. No group claims responsibility, but Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia, is believed to be behind the bombings. (Bonner 10/13/2002; Mydans 10/14/2002; BBC 2/19/2003) Hambali, a key leader in both al-Qaeda and JI, is said to have been involved. He will be arrested in 2003 and taken into US custody (see August 12, 2003). (Simpson 12/7/2003) Three alleged JI operatives, Ali Gufron (a.k.a. Mukhlas), Imam Samudra, and Amrozi bin Nurhasyim, will be arrested in Indonesia and sentenced to death in 2003 for their roles in the Bali bombings. Ali Imron, brother to both Gufron and Amrozi, will be sentenced to life in prison. (Perlez 9/19/2003; Perlez 10/3/2003) JI operatives Dulmatin, Azhari Husin, and Noordin Mohammed Top also are said to have major roles in the bombings. Husin will be killed in a police shootout in 2005, while Dulmatin and Top remain at large (see October 6, 2005 and After). It will later turn out that the US was given a “stunningly explicit and specific” advanced warning that Hambali and JI were planning to attack nightclubs in Bali (see August 21, 2002).

At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” (Bush 10/14/2002)

The US embassy in Rome faxes the Niger documents to the State Department’s Bureau of Nonproliferation, which then passes a copy of the documents to the Bureau of Intelligence and Research (INR), the State Department’s intelligence bureau. (US Congress 7/7/2004, pp. 58) Simon Dodge, an INR nuclear analyst, receives a copy, and after a brief review of the documents immediately suspects that they are bogus. One particularly strange document that is included in the Niger papers describes a secret meeting that allegedly took place on June 14, 2002 at the home of the Iraqi ambassador in Rome. According to the document, the meeting was attended by military officials from Iraq, Iran, Sudan, Libya, and Pakistan. The purpose of the meeting was to form a coalition of Islamic nations against the West. They would seek “Global Support,” which would include backing from the “Islamic patriots accused of belonging to criminal organizations.” Dodge finds the scenario depicted in the document “completely implausible.” He notices that the document bears the same official seal that is stamped on the Niger documents. He concludes that the documents are probably all fakes, and he sends an email to other analysts in the intelligence community explaining this conclusion. (US Congress 7/7/2004, pp. 58; Isikoff and Corn 2006, pp. 162; CBS News 4/23/2006) According to one unnamed CIA official, “Everybody knew at every step of the way that they were false—until they got to the Pentagon, where they were believed.” (Hersh 10/27/2003) Copies also go to nuclear experts at the DIA, the Department of Energy, and the NSA. Wayne White, the deputy director of the INR and the INR’s principal Iraq analyst, reviews the documents himself. Within 15 minutes he too begins doubting their authenticity (see Mid-October 2002). (Unger 2007, pp. 261)

A CIA officer who served with Alec Station, the CIA’s bin Laden unit, before 9/11 is interviewed by CIA Director George Tenet about a failure to pass on information to the FBI about one of the 9/11 hijackers, Khalid Almihdhar. Although information about Almihdhar’s US visa was not passed to the FBI, the officer, Michael Anne Casey, drafted a cable falsely stating that it had been passed (see Around 7:00 p.m. January 5, 2000). According to Tenet’s testimony to the 9/11 Congressional Inquiry (see October 17, 2002), Casey “believes she never would have written this cable unless she believes this had happened.” Tenet will be impressed with Casey, calling her a “terrific officer” at an open hearing of the inquiry. (New York Times 10/17/2002) However, it was Casey herself who blocked the cable, on the orders of her boss, Tom Wilshire (see 9:30 a.m. - 4:00 p.m. January 5, 2000). In addition, the day after she sent the cable falsely stating the information had been passed, she again insisted that the information not be provided to the FBI (see January 6, 2000). Casey will later repeat the same lie to the Justice Department’s inspector general (see February 2004).

NSA Director Michael Hayden.
NSA Director Michael Hayden. [Source: NSA]NSA Director Michael Hayden testifies before the 9/11 Congressional Inquiry that the “NSA had no [indications] that al-Qaeda was specifically targeting New York and Washington… or even that it was planning an attack on US soil.” Before 9/11, the “NSA had no knowledge… that any of the attackers were in the United States.” Supposedly, a post-9/11 NSA review found no intercepts of calls involving any of the 19 hijackers. (Reuters 10/17/2002; US Congress 10/17/2002; Diamond 10/18/2002) Yet, in the summer of 2001 (see Summer 2001), the NSA intercepted communications between Khalid Shaikh Mohammed, the mastermind of the 9/11 attacks, and hijacker Mohamed Atta, when he was in charge of operations in the US. (Gumbel 6/6/2002; Buncombe 9/15/2002) What was said between the two has not been revealed. The NSA also intercepted multiple phone calls from al-Qaeda leader Abu Zubaida to the US in the days before 9/11 (see Early September 2001). But who was called or what was said has not been revealed. (ABC News 2/18/2002) In addition, Hayden testified three times in secret on June 18, June 19, and July 18, but little is known about what he said, as not much information is disclosed in the media and many sections of the Inquiry’s final report about the NSA are heavily redacted. The main revelations at the time of the summer hearings are that the NSA intercepted two messages apparently pertaining to the forthcoming attack one day before 9/11, and this sparks a controversial leak inquiry by the FBI (see August 2, 2002). (Snow and Bash 6/18/2002; Martin 6/19/2002; Bash, Ensor, and Snow 6/20/2002; US Congress 7/24/2003 pdf file)

At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. (Sheehy 1/22/2004) The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. (Rose 9/2005) The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” (US Department of Justice 10/18/2002; Siegel 2008, pp. 201)

German investigators believe they know of nine people who are still living and who played roles in assisting the 9/11 plot, the Chicago Tribune reports. An unnamed senior German intelligence official says he believes these nine cover everyone linked to the al-Qaeda Hamburg cell who helped plan, finance, or carry out the plot. However, he says “there may be people still in Hamburg who had a certain knowledge” of the plot. The nine are:
bullet Ramzi Bin al-Shibh, a Yemeni. He is considered the head of the 9/11 plot in Germany while the hijackers were living in the US. He was captured in Pakistan in 2002 and put in the secret CIA prison system (see September 11, 2002).
bullet Mounir El Motassadeq, a Moroccan. He knew the others in the Hamburg cell and trained in Afghanistan (see May 22 to August 2000). He has been arrested and charged with a role in the 9/11 plot. He will later be convicted (see January 8, 2007).
bullet Abdelghani Mzoudi, a Moroccan. Mzoudi lived with Mohamed Atta and others in the Hamburg cell, and he is alleged to have attended a training camp in Afghanistan in 2000 (see Summer 2000). He has been arrested in Germany and charged with a role in the 9/11 attacks. He will later be acquitted after the US fails to cooperate with German prosecutors (see February 5, 2004-June 8, 2005).
bullet Barakat Yarkas, a Spaniard. He is alleged to be the leader of al-Qaeda in Spain. Germans believe he helped arrange a meeting between Atta and bin al-Shibh in Spain two months before 9/11 (see July 8-19, 2001). He is imprisoned in Spain on various terrorism charges. He will later be convicted to 12 years in prison, but not for any role in 9/11 (see September 26, 2005).
bullet Mohammed Haydar Zammar, a Moroccan. He was investigated for al-Qaeda ties for years prior to 9/11. He was captured in Morocco after 9/11 and renditioned to a prison in Syria (see December 2001).
bullet Said Bahaji, a German. He is said to be a computer expert who taught Atta and others how to use computers to communicate. He fled Germany just before 9/11 (see September 3-5, 2001). There is a warrant for his arrest (see September 21, 2001), but he remains free.
bullet Zakariya Essabar, a Moroccan. He lived with Atta, Bahaji, and others. He trained in Afghanistan and attempted to get a US visa (see January-October 2000). He fled Germany just before 9/11 (see Late August 2001). There is a warrant for his arrest (see October 19, 2001), but he remains free overseas.
bullet Mamoun Darkazanli, a Syrian. He had been investigated for al-Qaeda ties for years before 9/11 (see 1993), and he knew Atta, Marwan Alshehhi, and other members of the Hamburg cell (see October 9, 1999). He remains free in Germany (see November 11, 2010).
bullet Abdul-Matin Tatari, a Syrian. He runs a textile company called Tatex Trading that investigators suspect helped get money and visas for al-Qaeda operatives (see September 10, 2002-June 2003). He was questioned on September 10, 2002, but he remains free in Germany. (Crewdson 10/22/2002)
More than Just Nine - But a few months later, the Chicago Tribune will report that investigators believe there are many more members of the Hamburg cell than was previously reported (see February 25, 2003). For instance, one likely participant who will only become publicly known many years later is Naamen Meziche. He was friends with Atta and others in the Hamburg cell, and he will be killed by a US drone strike in Pakistan in 2010 (see October 5, 2010).

The US and the United Nations officially declare Jemaah Islamiyah (JI) to be a terrorist organization. JI is considered to be al-Qaeda’s main affiliate in Southeast Asia. Australia, Malaysia, New Zealand, Indonesia, and other nations support the UN declaration. The Indonesian government had previously maintained that JI did not even exist, but immediately changed its position on JI after the Bali bombings earlier in the month (see October 12, 2002). However, even though the Indonesian government supports the UN declaration, it does not actually declare JI an illegal organization within Indonesia. (Perlez 10/24/2002; Lilley 10/31/2002) It will take until 2008 for an Indonesian court to officially declare JI an illegal organization (see April 21, 2008). The key breakthrough to identifying the bombers takes place on November 2, 2002. The first suspect, an alleged JI operative named Amrozi bin Nurhasyim, is arrested on November 5. (BBC 12/3/2002) Indonesia officially declares JI the prime suspect in the bombings on November 16. (Jakarta Post 1/3/2003)

Gen. James T. Hill, commander of the Southern Command, sends a memo to Chairman of the Joint Chiefs of Staff Richard Myers providing him information on the new interrogation techniques that have been requested for use at Guantanamo (see October 11, 2002). He says that new methods are needed because, “despite our best efforts, some detainees have tenaciously resisted our current interrogation methods.” He says he thinks Categories I and II techniques are “legal and humane.” He only questions the legality of category three techniques, recommending additional legal advice from lawyers at the Pentagon and the Justice Department. Hill writes: “I am particularly troubled by the use of implied or expressed threats of death of the detainee or his family. However, I desire to have as many options as possible at my disposal….” (US Department of Defense 10/25/2002 pdf file) Hill later says, “We weren’t sure in the beginning what we had; we’re not sure today what we have. There are still people who do not talk to us. We could have the keys to the kingdom and not know it.” (Golden and van Natal 6/21/2004)

President Bush attends a summit conference in Mexico and fails to secure a pledge of support from Mexican President Vicente Fox for the US-British draft resolution. President Vicente Fox says, “What we need to accomplish is a resolution that is satisfactory to all the parties there in the United Nations. We are listening and talking and we want to search for and do everything possible for a strong resolution.” (Bone and Ayres 10/28/2002) Mexican officials reportedly make “it clear that Mexico is siding with France in the debate at the United Nations.” Mexico’s foreign minister, Jorge G. Casteneda, says, “What we want is a resolution that is approved by all 15 or 14 members of the Security Council. We think that’s more important for the United States’ cause.” (Weiner 10/28/2002)

Six of Indonesia’s main newspapers, including the Jakarta Post, Jawa Pos, and Bali Pos, suggest that several high-ranking Indonesian government figures could be suspects in the Bali bombings that took place earlier in the month (see October 12, 2002). These newspapers note that Gen. Djaja Suparman and former Jakarta police chief Nugroho Jayusman had flown to Bali just before the bombings. Army chief of staff Gen. Ryamizard Ryacudu was also reportedly in Bali at the time of the bombings. (Jakarta Post 1/3/2003; Pacific Media Watch 3/31/2003) Gen. Endriartono Sutarto, head of the Indonesian military, admits to the movements, but claims that Suparman was on vacation, while Riyacudu was in Bali for “health reasons.” An Indonesian human-rights activist says, “General Suparman is one of the generals who was behind the extremist jihad groups. He set up militias composed of gangsters and religious fanatics to counter student demonstrations in 1998. One of these militias, Pram Swarkasa, became the embryo of Laskar Jihad.” Laskar Jihad collaborated with the Indonesian military to kill thousands of Christians in the Indonesian province of Maluku in previous years (see January 1999-July 2001); al-Qaeda and its Southeast Asian affiliate Jemaah Islamiyah provided assistance (see Late 2000-Mid-2001). (Fawthrop 11/7/2002) Wimar Witoelar, spokesman for the previous Indonesian president, Abdurrahman Wahid, also says around this time, “The plot is probably hatched by hardline military rogues. This is certainly an excuse for a military takeover unless it is pre-empted.” Suparman threatens to sue for libel, as does Sutarto, who is accused by the Washington Post around the same time for tacitly approving the killing of a group of US citizens in Indonesia less than two months before the Bali bombings (see Mid-September 2002). But the lawsuits apparently never occur, and an Indonesian press council apparently never rules if the newspapers were irresponsible for making the allegations. None of the government figures are ever charged or officially named as suspects in the bombings. (Jakarta Post 11/9/2002; Pacific Media Watch 3/31/2003; Reporters without Borders 6/3/2004)

A group of militants thought to be linked to Afghan warlord Gulbuddin Hekmatyar and his Hezb-e-Islami organisation are captured in Pakistan. One man arrested is Gul Rahman, who will later freeze to death at a CIA-controlled prison in Afghanistan (see November 20, 2002). Another is Ghairat Baheer, a doctor and Hekmatyar’s son-in-law. Hekmatyar was a CIA ally during the Soviet-Afghan war (see (1986)), but is now linked to al-Qaeda. According to Baheer, Rahman had driven from Peshawar, Pakistan, in the northwest frontier to Islamabad for a medical checkup. He is staying with Baheer, an old friend, when US agents and Pakistani security forces storm the house and take both men, two guards, and a cook into custody. (Goldman and Gannon 3/28/2010)

Two detainees, Gul Rahman and Ghairat Baheer, are transferred from Pakistan to the CIA-controlled Salt Pit black site in Afghanistan. Baheer will say that he was separated from Rahman about a week after they were captured (see October 29, 2002) and they were both moved to the prison, so presumably they are transferred there together. (Goldman and Gannon 3/28/2010) Rahman will later die at the prison (see November 20, 2002).

The CIA approves four standard interrogation techniques for use against detainees. The techniques are:
bullet Sleep deprivation, which should not exceed 72 hours;
bullet Continual use of light or darkness in a cell;
bullet Loud music; and
bullet White noise, meaning a background hum.
These standard techniques can be used in addition to 10 enhanced techniques such as waterboarding (see Mid-March 2002). The limit on sleep deprivation as a standard technique will later be reduced (see December 2003), although when the tactic is used as an enhanced technique the maximum is 11 days. (Central Intelligence Agency 5/7/2004, pp. 15, 40 pdf file)

On November 2, 2002, only three weeks after the 2002 Bali bombings (see October 12, 2002), the Australian and Indonesian teams investigating the attacks say they have finished their initial forensic analysis of the bomb site. One forensic team member says, “We have all we need to nail these bad guys down.” (Perlez 11/2/2002; Jakarta Post 1/3/2003) That same day, investigators get their first big break when they discover the vehicle identification number of the chassis of the van used by some of the bombers. (BBC 12/3/2002) The first arrest of an officially suspected bomber, Amrozi, takes place on November 5. He had bought the van. He immediately confesses to taking part in the bombings. Other arrests, including the arrest of an alleged mastermind of the bombings, Imam Samudra, follow in the next weeks and months. (Jakarta Post 1/3/2003) Most Balinese are Hindu, and on November 15, the island holds a large public Hindu ritual purifying the bomb sites. The next day, bulldozers begin dumping the debris into the ocean, and they dump all the bomb site wreckage into the ocean over the next several days. (Jakarta Post 11/17/2002; Arnold 5/4/2003) Robert S. Finnegan, editor for the English-language Jakarta Post newspaper, will later sarcastically comment on how quickly the investigators finished their on-site work: “Astounding work, as it must have set a world record for crime scene forensic analysis.” He will also note, “Given the scope of the bombing and the sheer size of the primary and secondary blast areas - where traces from a plethora of different explosive compounds were swabbed from - this was a feat that escaped even the vaunted investigators working the World Trade Center [9/11] crime scene in New York, who spent nearly a year literally sifting by hand for evidence at the site.” (Finnegan 1/3/2003)

Qaed Senyan al-Harethi.Qaed Senyan al-Harethi. [Source: Yemen Observer]A CIA-operated Predator drone fires a missile that destroys a truck of suspected al-Qaeda operatives in Yemen. The target of the attack is Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, but five others are also killed, including American citizen Kamal Derwish. (Pincus 11/4/2002; Lumpkin 12/3/2002) Al-Harethi is said to have been involved in the 2000 bombing of the USS Cole. Bush administration officials say Derwish was the ringleader of a sleeper cell in Lackawanna, New York (see September 13, 2002). (Powell and Priest 11/9/2002; Thomas and Hosenball 11/11/2002) A former high-level intelligence officer complains that Defense Secretary Donald Rumsfeld wants “to take guys out for political effect.” Al-Harethi was being tracked for weeks through his cell phone. (Hersh 12/16/2002) The attack happens one day before mid-term elections in the US. Newsweek will note that timing of the strike “was, at the very least, fortuitous” for the Bush administration. (Thomas and Hosenball 11/11/2002) New Yorker magazine will later report, “The Yemeni government had planned to delay an announcement of the attack until it could issue a joint statement with Washington. When American officials released the story unilaterally, in time for Election Day, the Yemenis were angry and dismayed.” (Hersh 12/16/2002) Initial reports suggest the truck was destroyed by a car bomb. But on November 5, Deputy Defense Secretary Paul Wolfowitz will brag about the strike on CNN, thus ruining the cover story and revealing that the truck was destroyed by a US missile (see November 5, 2002). (Thomas and Hosenball 11/11/2002) US intelligence appears to have learned of al-Harethi’s whereabouts after interrogating Abd al-Rahim al-Nashiri, captured the month before (see Early October 2002).

Maj. Gen. Geoffrey Miller assumes command of the new Joint Task Force (JTF) GTMO, which is the product of the merger of the military intelligence and military police units at Guantanamo (see October 9, 2002). (Amnesty International 10/27/2004) Although he is reported not to have had any formal training in the operation of prisons or in intelligence, Miller comes to be seen at the Pentagon as largely successful in extracting information from the prisoners. “[H]e oversaw,” according to the Washington Post, “a transformation of the… detention center at Guantanamo Bay from a disorganized bundle of tents into an efficient prison that routinely produced what officials have called ‘moderately valuable’ intelligence for the war on terrorism.” (Smith 5/16/2004) The “Tipton Three,”—Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul—also notice the difference. “We had the impression,” Rasul recalls, “that at the beginning things were not carefully planned but a point came at which you could notice things changing. That appeared to be after [the arrival of] Gen. Miller around the end of 2002.” Thus, according to the Tipton Three, it is under Miller that the practice of so called “short-shackling” begins, which is the chaining of prisoners into squatting or fetal positions. Miller’s arrival also heralds, according to the three Britons, the start of sexual humiliation, “loud music playing in interrogation, shaving beards and hair,… taking away people’s ‘comfort’ items, the introduction of levels, moving some people every two hours depriving them of sleep, [and] the use of A/C air.” Also, isolation periods are stepped up considerably. “Before, when people would be put into blocks for isolation, they would seem to stay for not more than a month. After he came, people would be kept there for months and months and months,” the three allege. “Isolation was always there.” Additionally, the occasional call for prayers is ended under Miller. (Rasul, Iqbal, and Ahmed 7/26/2004 pdf file)

Kamal Derwish.Kamal Derwish. [Source: PBS]The revelation that the US killed Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002 and November 5, 2002) sparks a debate about the morality and legality of remote attacks outside of war zones. The Bush administration had previously criticized Israel’s policy of “targeted killings” of Palestinian militants. Newsweek comments, “A State Department spokesman bobbed and weaved and tried to draw distinctions. But, privately, administration officials say the difference is really one of scale and frequency.” (Thomas and Hosenball 11/11/2002) Many international lawyers and some foreign governments question the legality of the assassination. (Whitaker and Burkeman 11/6/2002) For decades, the US government has been prohibited from conducting assassinations. The Bush administration says it still adheres to that policy but makes an exception for “enemy combatants” such as al-Qaeda leaders. In December 2002, it will be revealed that President Bush approved a secret “high-value target list” of about two dozen terrorist leaders, giving the CIA basic executive and legal authority to either kill or capture those in the list. The CIA is also empowered to capture or kill terrorists not mentioned in the list (see September 17, 2001). (Risen and Johnston 12/15/2002) Additional controversy is generated when it is discovered that US citizen Kamal Derwish was one of those killed in the strike. Derwish is alleged to have been connected to an al-Qaeda cell in Buffalo, New York. US officials say the CIA has the legal authority to target and kill US citizens it believes are working for al-Qaeda (see July 22, 2002). (Lumpkin 12/3/2002) The New Yorker reveals that there were two planned Predator strikes in Yemen called off at the last minute that turned out to be aimed at innocent people instead of al-Harethi. One recently retired Special Forces operative who served on high-level planning staffs at the Pentagon warns that the civilians running the military are no longer trying to “avoid the gray area.” Defense Secretary Donald Rumsfeld is reportedly behind the effort to use the CIA and special forces for more remote killings (see July 22, 2002). One former high-level intelligence officer complains, “They want to turn these guys into assassins. They want to go on rumors—not facts—and go for political effect, and that’s what the Special Forces Command is really afraid of.” (Hersh 12/16/2002) Noting that in its battle against al-Qaeda, the US has effectively deemed the entire planet a combat zone, Scott Silliman, director of Duke University’s Center on Law, Ethics and National Security says, “Could you put a Hellfire missile into a car in Washington, DC?…The answer is yes, you could.” But National Security Adviser Condoleezza Rice says, “No constitutional questions are raised here.” (Witt 11/24/2002; Lumpkin 12/3/2002)

Confident of UN support for its resolution (see November 1, 2002), the Bush administration presents the UN Security Council with a third draft for an even tougher UN resolution aimed at “disarming” Saddam Hussein’s regime. In one section the word “or” is replaced with “and,” and in another the phrase “restore international peace and security” is changed to “secure international peace and security.” France will agree to the new draft on November 7 and the resolution will be passed by the council unanimously on November 8 (see November 8, 2002) with only slight modifications. (CNN 11/8/2002)

The UN Security Council unanimously votes 15-0 in favor of UN Resolution 1441, which stipulates that Iraq is required to readmit UN weapons inspectors under tougher terms than required by previous UN resolutions. The resolution does not give the US authority to use force against Iraq. (United Nations 11/8/2002) The resolution makes it very clear that only the UN Security Council has the right to take punitive action against Iraq in the event of noncompliance. (Zunes 11/14/2002) After the resolution is passed, top Bush administration officials make public statements threatening to use military force against Iraq if Saddam’s regime does not comply with the resolution. George Bush, Colin Powell, John Negroponte, Andrew Card, and Ari Fleischer make statements asserting that the resolution does not prevent the US from using force.
bullet A provision that would have authorized UN member states to use “all necessary means” to disarm Iraq is relocated to the preamble of the resolution where it has no practical significance. (Preston 11/6/2002; United Nations 11/9/2002)
bullet A provision requiring that security guards accompany the inspectors is removed. (Preston 11/6/2002)
bullet The resolution requires Iraq to provide the UN with the names of all its weapons experts. (Preston 11/6/2002; Beeston 11/9/2002; United Nations 11/9/2002)
bullet The resolution states that weapons inspectors will be authorized to remove Iraqi scientists, as well as their families, from Iraq in order to interview them. An official later tells the Washington Post that the power to interview Iraqi scientists was “the most significant authority contained in the resolution” and “the one thing that is most likely to produce overt Iraqi opposition.” (United Nations 11/9/2002; DeYoung and Pincus 12/12/2002)
bullet The resolution overturns provisions of the previous Resolution 1154 that required UN inspectors to notify Baghdad before inspecting Saddam Hussein’s presidential sites. Resolution 1154 had also required that inspections of those sensitive sites occur in the presence of diplomats. The new resolution demands that Iraq allow the inspectors “immediate, unimpeded, unconditional and unrestricted access” to any sites chosen by the inspectors. (United Nations 11/9/2002) Unnamed diplomats and US officials tell USA Today that the US may attempt to claim that Iraq is engaged in a pattern of defiance and deceit if it hinders the inspectors in any way. (Diamond and Nichols 12/19/2002 Sources: Unnamed diplomats and US officials)
bullet The resolution includes a provision calling for “no-fly” and “no-drive” zones in the areas surrounding suspected weapons sites to prevent the Iraqis from removing evidence prior to or during inspections. (United Nations 11/9/2002)
bullet The final resolution includes statements stipulating that an Iraqi failure to comply with the terms of the resolution, including “false statements or omissions” in the weapons declaration it is required to submit, will “constitute a further material breach” of its obligations. Additional wording included in the same provision explains that any breach of the resolution will “be reported to the Council for assessment.” Also, towards the end of the resolution, it states that the chief weapons inspector should “report immediately to the Council any interference” by Iraq so that the Council can “convene immediately to consider the situation and the need for full compliance with all the relevant council resolutions in order to restore international peace and security.” (Preston 11/6/2002; CNN 11/8/2002; Beeston 11/9/2002; United Nations 11/9/2002)
bullet Paragraph 8 of UN Security Council Resolution 1441 states that Iraq “shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or the IAEA or of any Member State taking action to uphold any Council resolution.” The US contends that this applies to the US- and British- patrolling of the “no-fly” zones that the two countries imposed shortly after the Gulf War. The “patrolling,” which has never been officially sanctioned by the UN and which is not recognized by Iraq, often includes aerial attacks on Iraqi sovereign territory. Iraq consistently fires on the attacking jets in self-defense. Other UN Security Council members explicitly oppose this interpretation of the resolution before its passage. (United Nations 11/9/2002; Burns 11/12/2002)
bullet The resolution gives Iraq seven days to announce whether or not it will comply with the resolution, and 30 days (December 8) to declare its chemical, biological, and nuclear-related capabilities—even those that are unrelated to weapons programs. 10 days after Iraq’s acceptance of the terms, inspectors will send an advanced team to Baghdad, but will have a total of 45 days to begin the actual work. The inspection team will be required to provide the UN Security Council with a report 60 days (January 27) after the commencement of its work. (MacAskill and Burkeman 11/7/2002; Associated Press 11/8/2002; United Nations 11/9/2002; Lederer 11/13/2002) Diplomats and US officials speaking off the record tell USA Today that the declaration due on December 8 represents a hidden trigger, explaining that any omissions will be considered a material breach and sufficient justification for war. (Diamond and Nichols 12/19/2002 Sources: Unnamed diplomats and US officials)
bullet Syria requested that the resolution include a provision stating that Iraq’s compliance with the terms would result in the lifting of sanctions. This provision was not included. (CNN 11/8/2002)
bullet Syria requested that the resolution declare the entire Middle East a “nuclear-free and weapons of mass destruction-free zone.” This provision was not included. (CNN 11/8/2002)
bullet France did not want the resolution to include any wording that might authorize the use of force. Instead it argued that the resolution should include only terms for tougher inspections. In the event of Iraqi noncompliance with the terms, France argued, a separate resolution should be agreed upon to decide what further action would be necessary. France lost its argument, and the new resolution includes a warning to Iraq “that it will face serious consequences” in the event of its failure to comply with the terms of the resolution. (MacAskill and Burkeman 11/7/2002)

Following six attacks by different radical Islamic groups in Tunisia (see April 11, 2002), Pakistan, Yemen (see October 6, 2002), Kuwait, Bali (see October 12, 2002), and Moscow, a new audio message is released by a man said by some to be Osama bin Laden, although the identity of the speaker will be disputed (see November 29, 2002). The voice on the tape outlines a principle he says he and his allies are using: reciprocity. He comments: “If it pains you to see your victims and your allies’ victims in Tunisia, Karachi, Failaka, and Oman, then remember that our children are murdered daily in Palestine and Iraq… If it pains you to see your victims in Moscow, then remember ours in Chechnya. How long will fear, killing, destruction, displacement, orphaning, and widowing be our sole destiny, while security, stability, and happiness is yours? This is injustice. The time has come to settle accounts. Just as you kill, so you shall be killed; just as you bomb, so you shall be bombed. And there will be more to come.” (Laden 2005, pp. 173-5)

Iraqi Ambassador to the UN Mohammed Al-Douri delivers a 9-page letter from Baghdad to UN Secretary-General Kofi Annan’s office agreeing to comply with UN Resolution 1441 (see November 8, 2002)—without conditions. According to the ambassador, “The letter says that Iraq accepts the resolution, and accepts the return of inspectors. There are no conditions, no reservations. We explained in the letter the whole Iraqi position saying that Iraq… has not and will not have any mass destruction weapons, so we are not worried about the inspectors when they will be back.” (Lederer 11/13/2002; Bone 11/14/2002)

Secretary of State Colin Powell hints that the US might view Iraqi attempts to shoot down coalition aircraft in the so-called “no-fly” zone as a breach of UN Resolution 1441 (see November 8, 2002). “If they [Iraqis] were to take hostile acts against the United States or [British] aircraft patrolling in the northern and (southern) no-fly zone, then I think we would have to look at that with great seriousness if they continue to do that.” (Associated Press 11/14/2002; Lynch 11/17/2002)

US and British warplanes attack a radar installation in southern Iraq near Al Najaf about 85 miles southeast of Baghdad at around 2:50 EST after Iraqi air defenses fired on “coalition” aircraft that were patrolling the southern “no-fly” zone. This is the first such incident to have occurred after the passing of UN resolution 1441 (see November 8, 2002). The US- and British- imposed “no-fly” zones have never been recognized by the UN and the two countries’ jurisdiction over the zones has no legal basis. Iraq has consistently regarded this “patrolling” as a violation of its airspace and as a threat to its security. US and British warplanes have attacked Iraqi targets more than forty times during the 2002. After the attacks, the Bush administration claims that Iraq’s action was a violation of UN Resolution 1441. (Associated Press 11/15/2002; Tomkins and Horrock 11/15/2002; Leopold 11/16/2002; Graham 11/16/2002; Lynch 11/17/2002)

Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). (Hess 12/11/2007) Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. (Eggen and Pincus 12/18/2007) But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). (Hosenball 6/28/2008)

US and British warplanes attack sites northeast of Mosul after Iraqi defense forces fire anti-aircraft artillery at coalition aircraft patrolling the so-called “no-fly” zones. In a separate incident, warplanes attack two Iraqi air defense communications facilities and one air defense radar site in southern Iraq in Wassit and Dhi Oar after “Iraqi air defenses fired multiple surface-to-air missiles and anti-aircraft artillery at coalition aircraft.” (Stevenson and Shanker 11/19/2002; Nelson 11/19/2002; Leopold 11/19/2002; Associated Press 11/20/2002) According to Iraqi authorities, four Iraqi civilians were wounded as a result of the attacks in southern Iraq. (Associated Press 11/20/2002) White House spokesperson Scott McClellan says in a press briefing, “The United States believes that firing upon our aircraft in the no-fly zone, or British aircraft, is a violation—it is a material breach.” (White House 11/18/2002; Stevenson and Shanker 11/19/2002) And Defense Secretary Donald Rumsfeld, who is in Chile, says: “I do find it unacceptable that Iraq fires. It is for the president of the United States and the UN Security Council to make judgments about their view of Iraq’s behavior over a period of time.” (Harnden and Guardia 11/19/2002; Stevenson and Shanker 11/19/2002; CNN 11/23/2002) This is the second time the US has bombed Iraq since the passing of UN resolution 1441 (see November 8, 2002). The US will conduct at least 22 more aerial attacks on Iraq before the March 19, 2003 invasion. (Colorado Campaign for Middle East Peace 1/11/2006) UN officials disagree with Washington’s assessment. Secretary-General Kofi Annan states, “Let me say that I don’t think that the council will say this is in contravention of the resolution of the Security Council.” (Reuters 11/19/2002) Responding to Annan’s remarks, Rumsfeld argues, “I don’t know that he (Annan) necessarily reflects the UN, the center of gravity of the Security Council, on any particular issue at any particular time…. Whenever resolutions are passed, they tend to be compromises, and there tend to be calculated ambiguities written into them to gain votes. So it does not come as a surprise to me…. The United Nations sat there for years with 16 resolutions being violated. So, just as we’ve seen a pattern of behavior on the part of Saddam Hussein, we’ve seen a pattern of behavior on the part of the United Nations.” (US Department of Defense 11/19/2002; McIntyre 11/19/2002) No comments supporting the US position are made by the British. (Harnden and Guardia 11/19/2002)

An Afghan detainee dies of hypothermia while being brutalized by CIA interrogators at a secret prison north of Kabul code-named the “Salt Pit” (see After October 2001). The detainee, whose name is Gul Rahman, is considered uncooperative (see November 2002). (Priest 3/3/2005; Ross and Esposito 11/18/2005; Goldman and Gannon 3/28/2010) He had originally been arrested in Pakistan, and then brought to Afghanistan. (Johnson, Markon, and Tate 9/19/2009) An inexperienced junior CIA case officer named Matthew Zirbel, who is in charge of the Salt Pit, orders Rahman to be stripped semi-naked, chained to the concrete floor, and left overnight without blankets. (Priest 3/3/2005; Ross and Esposito 11/18/2005; Mahoney and Johnson 10/9/2009, pp. 29 pdf file) The incident will later be confirmed by four government officials. Afghan guards paid by the CIA and working under agency supervision take Rahman to an abandoned warehouse, drag him around on the concrete floor, causing bruising and lacerations, before chaining him in his cell. When night falls, the temperature plummets. Rahman is found in the morning, frozen to death. A CIA medic quickly autopsies him and states that “hypothermia” is the cause of death, and guards bury the body in an unmarked, unacknowledged cemetery used by Afghan forces. The man’s family is not notified, and his remains are never returned for a proper burial. The man is not listed on any registry of captives, not even as a so-called “ghost detainee.” One government official says simply, “He just disappeared from the face of the earth.” Zirbel will later be promoted. (Priest 3/3/2005; Ross and Esposito 11/18/2005) Zirbel’s supervisor, the CIA chief of station in Afghanistan known only as Paul P., will go on to play a role in incidents of detainee abuse in Iraq, although details about this are unknown. (Johnson, Markon, and Tate 9/19/2009; Horton 3/28/2010) Colleagues later describe Zirbel as “bright… eager, [and] full of energy,” and say that he was placed in charge of the facility because “there were not enough senior-level volunteers,” according to one senior intelligence officer. “It’s not a job just anyone would want. More senior people said, ‘I don’t want to do that.’ There was a real notable absence of high-ranking people” in Afghanistan. Moreover, the officer will add: “[T]he CIA did not have a deep cadre of people who knew how to run prisons. It was a new discipline. There’s a lot of room to get in trouble.” The CIA will brief the chairmen and vice chairmen of the House and Senate Intelligence Committees on the death, but at least one official will say the briefing is incomplete. Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, will ask the committee chairman, Pat Roberts (R-KS), to investigate Rahman’s death, but Roberts will refuse. No one is sure if Rahman had any real connection to al-Qaeda or the Taliban. “He was probably associated with people who were associated with al-Qaeda,” one US government official will say. (Priest 3/3/2005; Ross and Esposito 11/18/2005)

The CIA’s Deputy Director for Operations, James Pavitt, informs the agency’s inspector general, John Helgerson, that the CIA Counterterrorist Center has established a program to detain and interrogate terrorists at foreign sites. At the same time, Pavitt also informs Helgerson that he has just learned of an apparently controversial incident and sent a team to investigate it. It appears that the incident triggered the notification to the inspector general about the program. (Central Intelligence Agency 5/7/2004, pp. 1 pdf file) The incident is the killing of detainee Gul Rahman at the Salt Pit prison in Afghanistan (see After October 2001 and November 20, 2002). (Goldman and Gannon 3/28/2010) The detention and interrogation program has been in operation since March at the latest, as high-value detainee Abu Zubaida was arrested and then taken to a CIA black site at that time (see March 28, 2002 and April - June 2002). However, it is unclear whether Helgerson was aware of the program prior to being informed by Pavitt.

The CIA’s office of the inspector general begins an investigation of the killing of detainee Gul Rahman at the agency’s Salt Pit black site in Afghanistan (see November 20, 2002). The investigation begins after the agency’s inspector general, John Helgerson, is notified of the incident by management (see Shortly After November 20, 2002). It is unclear whether the inspector general issues a separate report on this incident or whether his office’s conclusions about it are contained in a general report on the effectiveness of the CIA’s detention and interrogation program (see May 7, 2004). Whatever the case, the inspector general’s conclusions focus on two agency officials, an officer named Matthew Zirbel, who caused Rahman’s death, and his boss, the CIA’s station chief in Afghanistan, known only as Paul P. The investigation finds that Zirbel displayed poor judgement in leaving Rahman to die, but that he made repeated requests for guidance that were largely ignored. (Goldman and Gannon 3/28/2010)

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” (Sands 5/2008)

Megawati Sukarnoputri.Megawati Sukarnoputri. [Source: Secretary of Vice President of Republic of Indonesia]The New York Times reports that Indonesia’s intelligence agency and its director are well regarded by the US. “But there are still senior intelligence officers here who believe that the CIA was behind the bombing,” according to a Western security official. As a result, the Bush administration has asked Megawati Sukarnoputri, president of Indonesia from 2001 to 2004, to publicly refute theories, popular in Indonesia, that the CIA was involved in the Bali bombings that took place one month earlier (see October 12, 2002). Megawati refuses to do so, and in fact condemns the US, saying, “a superpower that forced the rest of the world to go along with it,” adding, “We see how ambition to conquer other nations has led to a situation where there is no more peace unless the whole world is complying with the will of the one with the power and strength.” (Bonner and Perlez 11/25/2002)

James T. Hill.James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” (Human Rights Watch 8/19/2004) Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” (Sands 5/2008)

The authenticity of a new audio tape purportedly made by bin Laden, in which he praises recent attacks in Bali, Kuwait, Yemen and Moscow (see November 12, 2002), is disputed by Swiss voice analysts. US officials believe the voice is “almost certainly” bin Laden, but the Dalle Molle Institute for Perceptual Artificial Intelligence in Switzerland, one of the world’s leading voice-recognition institutes, is 95 percent certain the tape is a forgery. (Kemkaran 11/13/2002; BBC 11/18/2002; BBC 11/29/2002; Contenta 12/16/2002) Two weeks after it was broadcast, a British newspaper publishes the complete text of a “letter to the American people,” purportedly written by bin Laden. (Observer 11/25/2002) However, “diplomats [are] skeptical about the authenticity of the document.” (MacAskill and Whitaker 10/15/2002) The institute will not continue to analyse bin Laden’s speeches (see February 12, 2003).

The Pentagon informs the FBI that it will again take over interrogations of Guantanamo detainee Mohamed al-Khatani, believing that the use of aggressive techniques, which are about to be authorized by Defense Secretary Donald Rumsfeld (see November 27, 2002), will be more successful. (Golden and van Natal 6/21/2004) However, the first tactic used against al-Khatani is a subtle one. According to the detention logs of al-Khatani, or “Detainee 063,” his interrogators suggest that he has been spared by Allah to reveal the true meaning of the Koran and to help bring down Osama bin Laden. During a routine medical check, a sergeant whispers to al-Khatani: “What is God telling you right now? Your 19 friends died in a fireball and you weren’t with them. Was that God’s choice? Is it God’s will that you stay alive to tell us about his message?” Al-Khatani reacts violently to the exhortation, throwing his head back and butting the sergeant in the eye. Two MPs wrestle him to the ground, and as al-Khatani thrashes and tries to spit on the sergeant, he crouches down next to the prisoner and says: “Go ahead and spit on me. It won’t change anything. You’re still here. I’m still talking to you and you won’t leave until you’ve given God’s message.” (Zagorin and Duffy 6/12/2005)

Ramzi bin al-Shibh.Ramzi bin al-Shibh. [Source: Uli Deck / Agence France-Presse]Ramzi bin al-Shibh, a key member of al-Qaeda’s Hamburg cell, is allegedly flown to Jordan and tortured there. Bin al-Shibh was arrested in Pakistan on September 11, 2002, and held by US forces (see September 11, 2002). According to a 2008 report by the watchdog group Human Rights Watch, the US takes bin al-Shibh to the Bagram air base in Afghanistan, and then flies him to Jordan. A former detainee in a secret prison run by Jordanian intelligence will later tell Human Rights Watch that he was held in a cell next to bin al-Shibh in late 2002. He says he was able to briefly talk to bin al-Shibh, and bin al-Shibh told him that he had been tortured while in Jordanian custody. He said he had suffered electric shocks, forced nakedness, sleep deprivation, and being made to sit on sticks and bottles in sexually humiliating ways. (Human Rights Watch 4/8/2008) The Washington Post will similarly report in late 2007, “Although hard evidence is elusive, some former inmates have reported being detained in the same wing as Ramzi Bin al-Shibh… said Abdulkareem al-Shureidah, an Amman lawyer. “He was detained in Jordanian jails, definitely.” (Whitlock 12/1/2007) Bin al-Shibh will be transferred out of CIA custody into the Guantanamo prison in 2006, but exactly where he was held between 2002 and 2006 remains unclear (see September 2-3, 2006).

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. (Lindlaw 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. (Jehl 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)

Iraq reiterates its claim that it has no weapons of mass destruction in the country, foreshadowing the content of its formal declaration, which is due in five days. Responding to the statement, US Secretary of Defense Donald Rumsfeld says, “Any country on the face of the earth with an active intelligence program knows that Iraq has weapons of mass destruction.” And President Bush says, “He [Saddam Hussein] says he won’t have weapons of mass destruction; he’s got them.” (BBC 12/4/2002)

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. (Fainaru and Eggen 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.” (Borger 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.” (Gellman and Becker 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).

Saddam Hussein announces that he will continue to permit intrusive inspections. Two days before, inspectors had arrived unannounced at Saddam’s Sajoud palace and were given unfettered access to the site. Saddam says he hopes such visits will disprove US allegations that Iraq has weapons of mass destruction. (Chandrasekaran 12/6/2002)

Disagreeing with statements made by US officials, Russia’s Foreign Ministry says, “Iraq’s timely submission of its declaration, parallel to its continued cooperation with the international weapons inspectors, confirms its commitment to act in compliance with Resolution 1441 (see November 8, 2002).” (Adams 12/8/2002)

Dilawar.Dilawar. [Source: CBS]Dilawar, an Afghan farmer turned taxi driver who was detained by US troops on December 5 (see December 5-9, 2002), is found dead in his cell at Bagram. Earlier that day, he was taken to the interrogation room for what will be his last interrogation. An interpreter will later describes him with legs uncontrollably jumping and numbed hands; Dilawar had been chained by his wrists to the top of his cell for four days and suffered repeated beatings from guards. He is agitated and confused, crying that his wife is dead and complaining of being beaten by his guards. Interpreter Ali Baryalai will later tell investigators, “We didn’t pursue that.”
Making Sure the Prisoner is Hydrated - Dilawar is interrogated by two MPs, Specialists Glendale Walls and Joshua Claus. Though Walls is the lead interrogator, the more aggressive Claus quickly takes control of the proceedings. “Josh had a rule that the detainee had to look at him, not me,” the interpreter will tell investigators. “He gave him three chances, and then he grabbed him by the shirt and pulled him towards him, across the table, slamming his chest into the table front.” Both Walls and Claus slam Dilawar against the wall when he tries and fails to kneel; he begins to either fall asleep or pass out. Baryalai will later state, “It looked to me like Dilawar was trying to cooperate, but he couldn’t physically perform the tasks.” As Baryalai will later tell investigators, Claus grabs Dilawar, shakes him, and tells him that if he does not cooperate, he will be shipped to a prison in the United States, where he would be “treated like a woman, by the other men” and face the wrath of criminals who “would be very angry with anyone involved in the 9/11 attacks.” Dilawar asks for a drink of water, and Claus responds by taking a large plastic water bottle and, instead of giving Dilawar the water, punching a hole in the bottom of the bottle. As Dilawar fumbles with the bottle, the water pours over his orange prison garb. Claus then snatches the bottle back and begins spraying the water into Dilawar’s face. As Dilawar gags on the spray, Claus shouts: “Come on, drink! Drink!” A third interrogator, Staff Sergeant Christopher Yonushonis, enters the room and, as he will recall, finds a large puddle of water, a soaking wet Dilawar, and Claus standing behind Dilawar, twisting up the back of the hood that covers the prisoner’s head. “I had the impression that Josh was actually holding the detainee upright by pulling on the hood,” Yonushonis will recall. “I was furious at this point because I had seen Josh tighten the hood of another detainee the week before. This behavior seemed completely gratuitous and unrelated to intelligence collection.” When Yonushonis demands an explanation, Claus responds, “We had to make sure he stayed hydrated.”
Dies While Chained to the Ceiling - An interrogator, presumably Yonushonis, promises Dilawar that he can see a doctor after the interrogation session concludes, but Claus tells the guards not to take him to a doctor. Instead, Claus tell the guards to chain him to the ceiling again. “Leave him up,” one of the guards will later quote Claus as saying. Dilawar dies while chained up; hours later, an emergency room doctor sees Dilawar’s body already dead and stiffening. Yonushonis reports the abusive interrogation to his superior officer, Staff Sergeant Steven Loring, but Dilawar is already dead.
Autopsy Report: Legs 'Pulpified' - An autopsy will find Dilawar’s death caused by “blunt force injuries to the lower extremities.” At a pre-trial hearing for one of the guards involved in Dilawar’s abuse, a coroner will say the tissue in the prisoner’s legs “had basically been pulpified.” Major Elizabeth Rouse, another coroner and the one who termed Dilawar’s cause of death to be “homicide,” will add, “I’ve seen similar injuries in an individual run over by a bus.” Walls and Claus will both be charged with assault and maltreatment of a prisoner. (Golden 5/20/2005)
Changes Implemented - After Dilawar’s death, the second in a matter of days (see November 30-December 3, 2002), some changes are implemented at Bagram. A medic is assigned to work the night shift. Interrogators are prohibited from physical contact with the detainees. Chaining prisoners to fixed objects is banned, and the use of stress positions is curtailed. Yonushonis will not be interviewed until August 2004, when he contacts an agent of the Army’s Criminal Investigation Command on his own initiative to discuss his knowledge of Dilawar’s death. “I expected to be contacted at some point by investigators in this case,” he will say. “I was living a few doors down from the interrogation room, and I had been one of the last to see this detainee alive.” Of the last interrogation, Yonushonis will tell investigators, “I remember being so mad that I had trouble speaking.” He also adds one extra detail: by the time Dilawar was interrogated the final time, “most of us were convinced that the detainee was innocent.” (Gall 3/4/2003; Kaufman 3/5/2003; BBC 3/6/2003; Campbell 3/7/2003; Gumbel 3/7/2003; Gall and Rohde 9/17/2004; Golden 5/20/2005)

Syafrie Syamsuddin.Syafrie Syamsuddin. [Source: Kuantanutama.com]The International Crisis Group (ICG), an international think tank, publishes a report that identifies a “curious link” between the al-Qaeda affiliate group Jemaah Islamiyah (JI) and the Indonesian military, the TNI. (International Crisis Group 12/11/2002) PBS Frontline will later say that Sidney Jones, the author of the report, “is widely considered to know more about terrorism in Indonesia than anyone.” (PBS Frontline 4/2007) The ICG says the connection is “strong enough to raise the question of how much the TNI knew about Jemaah Islamiah” before the October 2002 Bali bombings. The report outs Fauzi Hasbi, a long-time JI leader, as an Indonesian government mole. It says that Hasbi has maintained links with Major-General Syafrie Syamsuddin since the late 1970s. “Hasbi maintains regular communication with Major-General Syafrie Syamsuddin to this day and is known to be close to the National Intelligence Agency head Hendropriyono.” Furthermore, an army intelligence officer interviewed by ICG had Hasbi’s number programmed into his cell phone, and actually called Hasbi and spoke to him while in the presence of the ICG investigator. And remarkably, Hasbi himself has claimed that he has treated Hambali, a top JI and al-Qaeda leader believed to have masterminded the 2002 Bali bombings, like a son. Hasbi and Hambali lived next door to each other in a small Malaysian village until late 2000 (see April 1991-Late 2000). (International Crisis Group 12/11/2002; Munro 12/12/2002) Hasbi is killed in mysterious circumstances two months later (see 1979-February 22, 2003).

Barton Gellman.Barton Gellman. [Source: Publicity photo via Washington Post]On December 12, 2002, the Washington Post publishes a front-page story by reporter Barton Gellman entitled “US Suspects Al-Qaeda Got Nerve Agent From Iraqis.” It states: “The Bush administration has received a credible report that Islamic extremists affiliated with al-Qaeda took possession of a chemical weapon in Iraq last month or late in October, according to two officials with firsthand knowledge of the report and its source. They said government analysts suspect that the transaction involved the nerve agent VX and that a courier managed to smuggle it overland through Turkey.” (Gellman 12/12/2002) The story proves so controversial that the Post’s ombudsman Michael Getler writes a column about in on December 22. Getler notes that, “[B]eginning with the second paragraph, which started out, ‘If the report proves true…’ the story contains an extraordinary array of flashing yellow lights.” He asks, “[W]hat, after all, is the use of this story that practically begs you not to put much credence in it? Why was it so prominently displayed, and why not wait until there was more certainty about the intelligence?” However, he says the Post stands by publishing the story. (Getler 12/12/2002) Slate will comment in 2004, “[T]he Gellman scoop withered on the vine.… nobody advanced or refuted the story—not even Gellman.” Gellman will later admit that he should have run a follow-up story, if only to point out that no confirming evidence had come out. (Shafer 4/28/2004) He will later admit the story was incorrect. But he will continue to defend the story, claiming that “it was news even though it was clear that it was possible this report would turn out to be false.” (Kurtz 8/12/2004)

CIA employees who have been applying “enhanced interrogation techniques” to al-Qaeda leader Abd al-Rahim al-Nashiri decide that he is now “compliant.” The techniques, including waterboarding, have been used on al-Nashiri for around a month (see (November 2002)). At this point, the agency regards him to be ready to be “debriefed”—a CIA term for part of an interrogation conducted by a more knowledgeable officer who does not use the enhanced techniques, or not to such an extent. Following this decision, the Counterterrorist Center at CIA headquarters sends out a senior operations officer to question al-Nashiri. (Central Intelligence Agency 5/7/2004, pp. 36, 41 pdf file) This officer will later become known to the public as “Albert.” (Goldman 9/7/2010) Al-Nashiri is currently being held at CIA black site in Poland (see December 5, 2002).

A CIA official known as a “debriefer” who has come out to question al-Qaeda leader Abd al-Rahim al-Nashiri at a secret CIA black site in Poland says that al-Nashiri is withholding information during interrogations. (Central Intelligence Agency 5/7/2004, pp. 41 pdf file; Goldman 9/7/2010) Al-Nashiri had previously been tortured by the agency (see (November 2002)), but the torture stopped when interrogators decided he was “compliant” (see Mid-December 2002). However, due to the decision that al-Nashiri is withholding information, some of the agency’s harsh techniques, including hooding and shackling, are now reinstated. (Central Intelligence Agency 5/7/2004, pp. 41 pdf file) According to a former CIA official who will talk to the Associated Press in 2010, the conclusion reached by the debriefer, who will later become known to the public as “Albert,” is disputed. Based on this official’s account, the Associated Press will report that there are “heated arguments at CIA headquarters” over what to do with al-Nashiri, but that in the end the abuse starts again. (Goldman 9/7/2010)

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” (Mayer 2/27/2006)

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). (Mayer 2/27/2006; Sands 5/2008)

Secretary of State Colin Powell and US ambassador to the UN John Negroponte say that the Bush administration considers Iraq to be in “material breach” of UN Resolution 1441 (see November 8, 2002), citing deliberate omissions and falsehoods in Iraq’s 12,000 page December 7 declaration (see December 7, 2002). Powell calls the declaration “a catalog of recycled information and flagrant omissions,” adding that it “totally fails to meet the resolution’s requirements.” He says the omissions “constitute another material breach.” (Associated Press 12/19/2002; Gedda 12/19/2002; O'Clery 12/19/2002; Pincus and DeYoung 12/19/2002) But the administration’s conclusion is made before the Arabic sections of the declaration have even been translated. Blix says that there are 500 or 600 pages that still need to be translated and that it is too early to provide a complete assessment. He adds that the Bush administration’s statements about a “material breach” are baseless allegations. (CNN 12/19/2002; Pisik 12/20/2002)

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). (Mayer 2/27/2006) He later calls the interrogation practices “unlawful and unworthy of the military services.” (Savage 2007, pp. 179)
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. (Mayer 2/27/2006)

Iraq provides the United Nations with the names of more than 400 scientists who are involved in Iraq’s weapons programs. One of the provisions of UN Security Council Resolution 1441 is that Iraq must supply the names of all of its weapons experts (see November 8, 2002). (BBC 12/28/2002; Agence France-Presse 12/29/2002)

United Nations Secretary-General Kofi Annan says in an interview with Israel’s Army Radio that Saddam’s government is cooperating with UN weapons inspectors and that he sees no reason for the use of force against Iraq. “Iraq is cooperating and they [inspectors] are able to do their work in an unimpeded manner and therefore I don’t see an argument for a military action now,” the secretary-general says. “They may give an interim report before the [January] 27 [deadline] and I really do not see any basis for an action until then, particularly as they are able to carry out their work in an unimpeded manner.” (Reuters 12/31/2001; BBC 12/31/2001; Usborne and Woolf 1/1/2003) The Independent of London call his remarks “a blunt warning to Britain and the United States that they will need clear evidence of clandestine weapons programs in Iraq to win support from other nations for any military campaign against Saddam Hussein this winter.” (Usborne and Woolf 1/1/2003)

Alberto Mora, the Navy’s general counsel, learns to his dismay that the torturing and abuse of prisoners at Guantanamo Bay is continuing (see December 17-18, 2002), even after a meeting with the Pentagon’s chief counsel, William J. Haynes. Mora had hoped that Haynes would put a stop to the extreme techniques being used (see December 20, 2002). Mora has read an article in the Washington Post detailing allegations of CIA mistreatment of prisoners at Bagram Air Force Base in Afghanistan; the story notes that the director of Human Rights Watch, Kenneth Roth, believes that US officials who knew about such treatment could be charged with crimes under the doctrine of command responsibility. (Priest and Gellman 12/26/2002; Mayer 2/27/2006) The specific allegations detailed in the story closely parallel what Mora knows were authorized at Guantanamo Bay. Mora continues to argue against the intense interrogation techniques, and his arguments quickly reach the ears of top Pentagon officials such as Deputy Defense Secretary Paul Wolfowitz; Captain Jane Dalton, the legal adviser to the Joint Chiefs of Staff; Pentagon spokeswoman Victoria Clarke; and Defense Secretary Donald Rumsfeld, who had authorized harsh interrogation techniques at Guantanamo a month before (see December 2, 2002). (Mayer 2/27/2006)

The CIA’s Deputy Director for Operations, James Pavitt, asks the agency’s office of inspector general, headed by John Helgerson, to investigate allegations that a high-value detainee, Abd al-Rahim al-Nashiri, has been abused. Apparently, Pavitt has just learned of the abuse of al-Nashiri, who was captured in October or November the previous year (see Early October 2002). (Central Intelligence Agency 5/7/2004, pp. 1-2 pdf file) The abuse took place at a black site in Poland and was apparently carried out by a CIA officer known only as “Albert,” with the approval of his superior, “Mike.” (Central Intelligence Agency 5/7/2004, pp. 1-2 pdf file; Goldman 9/7/2010) The inspector general will issue a report on the incidents later in the year (see October 29, 2003).

The CIA’s Office of Inspector General begins an investigation of the agency’s torture and interrogation practices. The investigation is spurred by three stimuli: notification of a controversial incident in November 2002 (see Shortly After November 20, 2002); concerns over the interrogation of high-value detainee Abd al-Rahim al-Nashiri (see January 2003); and other concerns about human rights abuses at a black site (see (January 2003)). The investigation will cover the period between September 2001 and mid-October 2003. (Central Intelligence Agency 5/7/2004, pp. 2 pdf file) The inspector general, John Helgerson, will issue his office’s final, classified report on the investigation in May 2004 (see May 7, 2004).

The wife of Mouhannad Almallah gives a statement against her husband to police. She says that he systematically beats her. She also accurately describes in detail his Islamist militant ties:
bullet She says that militants regularly met at her apartment. She and her husband have just moved, and militant continue to meet at their new apartment on Virgen del Coro street in Madrid.
bullet She says that her husband lived with Serhane Abdelmajid Fakhet for a month in December 2002. Mustapha Maymouni, Fakhet’s brother-in-law, visited as well. They moved when they felt they were suspected by police.
bullet She saw her husband open several boxes and noticed they contained books and videos about Osama bin Laden.
bullet Her husband and his brother, Moutaz Almallah, strongly suspect their phones are being monitored. Moutaz lives in London but frequently visits Spain (see August 2002).
bullet She describes four particularly important meetings held in her apartment beginning in November 2002. Moutaz and Mouhannad Almallah, Fakhet, and Mayoumi attended all the meetings. Basel Ghalyoun attended the fourth one. In these meetings, they always speak of attack and jihad. They talk about bin Laden, but refer to him as “Emir.”
bullet Sometimes her husband Mouhannad and Fakhet discuss Amer el-Azizi, who fled a police raid in November 2001 (see Shortly After November 21, 2001). She finds out they helped him escape Spain dressed as a woman. El-Azizi is believed to be linked to the 9/11 attacks (see Before July 8, 2001).
bullet Both Mouhannad and Fakhet remain in contact with el-Azizi by e-mail. Her husband’s brother Moutaz does as well.
bullet She occasionally sees her husband with Jamal Ahmidan, alias “El Chino.”
Police apparently take her warnings seriously because they begin monitoring her apartment in March 2003 (see January 17, 2003-Late March 2004). Most of these people—Fakhet, el-Azizi, Ghalyoun, and both Almallah brothers—are already under surveillance (see December 2001-June 2002). (García-Abadillo et al. 7/28/2005) All of the people she mentions are believed to have important roles in the 2004 Madrid bombings (see 7:37-7:42 a.m., March 11, 2004), except for Maymouni, who will be arrested and jailed later in 2003 for having a pivotal role in the May 2003 Casablanca bombings (see May 16, 2003).

The alleged location of Camp Justice on the island of Diego Garcia.The alleged location of Camp Justice on the island of Diego Garcia. [Source: Public domain]The British Parliamentary Under Secretary of State for the Foreign and Commonwealth Office, Baroness Valerie Anne Amos, declares there are no prisoners at the US naval base on the island of Diego Garcia. (United Kingdom 1/8/2003; United Kingdom 3/3/2003) The island of Diego Garcia in the Indian Ocean was leased to the US in 1966 for an initial period of 50 years (see December 30, 1966). It now accommodates a US naval base (see June 5, 1975) employing approximately 1,700 military personnel and 2,000 civilian contractors. No one is allowed on the island except for military business. (First 6/2004 pdf file; Diego Garcia 1/5/2005) However, it has been reported several times in the press that detainees are being held at a CIA interrogation center on the island named “Camp Justice.” Pentagon officials have denied the existence of a CIA interrogation center on the island and the CIA has refused to respond to inquiries about its alleged existence. (Priest and Gellman 12/26/2002; First 6/2004 pdf file; Priest and Higham 12/17/2004; Priest 1/2/2005)

Alberto Mora, the Navy’s general counsel, meets for a second time with Pentagon general counsel William J. Haynes, who he had tried unsuccessfully to convince to join him in opposing the use of extreme interrogation methods at Guantanamo (see December 20, 2002). Mora will write in a June 2004 memo (see July 7, 2004) that when he tells Haynes how disappointed he is that nothing has been done to stop abuse at Guantanamo, Haynes retorts that “US officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the US and save American lives. Mora acknowledges that he can imagine any number of “ticking bomb” scenarios where it might be the proper, if not the legal, thing to torture suspects. But, he asks, how many lives must be saved to justify torture? Hundreds? Thousands? Where do we draw the line? Shouldn’t there be a public debate on the issue? Mora is doubtful that anyone at Guantanamo would be involved in such a scenario, since almost all of the Guantanamo detainees have been in custody for over a year. He also warns Haynes that the legal opinions the administration is using will probably not stand up in court. If that is the case, then US officials could face criminal charges. Secretary of Defense Donald Rumsfeld could find himself in court; the presidency itself could be damaged. “Protect your client!” he says. When Haynes relates Mora’s concerns to Rumsfeld, according to a former administration official, Rumsfeld responds with jokes about how gentle the interrogation techniques are. “Torture?” he asks rhetorically. “That’s not torture!” He himself stands for up to ten hours a day, he says, and prisoners are not allowed to stand for over four. The official will recall, “His attitude was, ‘What’s the big deal?’” Mora continues to push his arguments, but, as a former Pentagon colleague will recall: “people were beginning to roll their eyes. It was like, ‘Yeah, we’ve already heard this.’” (Mayer 2/27/2006)

FBI Director Robert Mueller personally awards Marion (Spike) Bowman with a presidential citation and cash bonus of approximately 25 percent of his salary. (Tapper 3/3/2003) Bowman, head of the FBI’s national security law unit and the person who refused to seek a special warrant for a search of Zacarias Moussaoui’s belongings before the 9/11 attacks (see August 28, 2001), is among nine recipients of bureau awards for “exceptional performance.” The award comes shortly after a 9/11 Congressional Inquiry report saying Bowman’s unit gave Minneapolis FBI agents “inexcusably confused and inaccurate information” that was “patently false.” (Grow 12/22/2002) Bowman’s unit was also involved in the failure to locate 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi after their names were put on a watch list (see August 28-29, 2001). In early 2000, the FBI acknowledged serious blunders in surveillance Bowman’s unit conducted during sensitive terrorism and espionage investigations, including agents who illegally videotaped suspects, intercepted e-mails without court permission, and recorded the wrong phone conversations. (Bridis 1/10/2003) As Senator Charles Grassley (R-IA) and others have pointed out, not only has no one in government been fired or punished for 9/11, but several others have been promoted: (Tapper 3/3/2003)
bullet Richard Blee, chief of Alec Station, the CIA’s bin Laden unit, was made chief of the CIA’s new Kabul station in December 2001 (see December 9, 2001), where he aggressively expanded the CIA’s extraordinary rendition program (see Shortly After December 19, 2001). Blee was the government’s main briefer on al-Qaeda threats in the summer of 2001, but failed to mention that one of the 9/11 hijackers was in the US (see August 22-September 10, 2001).
bullet In addition to Blee, the CIA also promoted his former director for operations at Alec Station, a woman who took the unit’s number two position. This was despite the fact that the unit failed to put the two suspected terrorists on the watch list (see August 23, 2001). “The leaders were promoted even though some people in the intelligence community and in Congress say the counterterrorism unit they ran bore some responsibility for waiting until August 2001 to put the suspect pair on the interagency watch list.” CIA Director George Tenet has failed to fulfill a promise given to Congress in late 2002 that he would name the CIA officials responsible for 9/11 failures. (Gerth 5/15/2003)
bullet Pasquale D’Amuro, the FBI’s counterterrorism chief in New York City before 9/11, was promoted to the bureau’s top counterterrorism post. (Ratnesar and Burger 12/30/2002)
bullet FBI Supervisory Special Agent Michael Maltbie, who removed information from the Minnesota FBI’s application to get the search warrant for Moussaoui, was promoted to field supervisor and goes on to head the Joint Terrorism Task Force at the FBI’s Cleveland office. (Tapper 3/3/2003; Riley 3/21/2006)
bullet David Frasca, head of the FBI’s Radical Fundamentalist Unit, is “still at headquarters,” Grassley notes. (Tapper 3/3/2003) The Phoenix memo, which was addressed to Frasca, was received by his unit and warned that al-Qaeda terrorists could be using flight schools inside the US (see July 10, 2001 and July 27, 2001 and after). Two weeks later Zacarias Moussaoui was arrested while training to fly a 747, but Frasca’s unit was unhelpful when local FBI agents wanted to search his belongings—a step that could have prevented 9/11 (see August 16, 2001 and August 20-September 11, 2001). “The Phoenix memo was buried; the Moussaoui warrant request was denied.” (Ratnesar and Weisskopf 5/27/2002) Even after 9/11, Frasca continued to “[throw] up roadblocks” in the Moussaoui case. (Lewis 5/27/2002)
bullet Dina Corsi, an intelligence operations specialist in the FBI’s bin Laden unit in the run-up to 9/11, later became a supervisory intelligence analyst. (US Department of Justice 11/2004, pp. 279-280 pdf file; CNN 7/22/2005) Corsi repeatedly hampered the investigation of Almihdhar and Alhazmi in the summer of 2001 (see June 11, 2001, June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, August 28-29, 2001, and (September 5, 2001)).
bullet President Bush later names Barbara Bodine the director of Central Iraq shortly after the US conquest of Iraq. Many in government are upset about the appointment because of her blocking of the USS Cole investigation, which some say could have uncovered the 9/11 plot (see October 14-Late November, 2000). She did not apologize or admit she was wrong. (Sepe 4/10/2003) However, she is fired after about a month, apparently for doing a poor job.
bullet An FBI official who tolerates penetration of the translation department by Turkish spies and encourages slow translations just after 9/11 was promoted (see March 22, 2002). (CBS News 10/25/2002)

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” (Levin 4/21/2009)

Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. (Washington File 6/23/2004)

A disagreement arises among UN Security Council members over the weapons inspections schedule. UN Resolution 1441 (see November 8, 2002) specifies that after 60 days, the inspectors must report to the Council on the progress of inspections. But the resolution provides no instructions for how the inspections are to proceed after this date. The resolution also fails to explain what is to happen if no weapons of mass destruction are found. Hans Blix believes that after the 60 day report—due January 27—his team should revert to the terms contained within 1999 UN Resolution 1284. According to the provisions of this agreement, an additional report would be due in late March, which would contain a list of disarmament requirements that Iraq would have to satisfy prior to the lifting of sanctions. (United Nations 12/17/1999; Lynch and Allard 1/16/2003; Leopold 1/16/2003; Lynch 1/16/2003; Preston 1/16/2003) “The 1999 resolution spells out steps, which, in theory, could lead to a suspension of sanctions as early as July,” reports Reuters. (Leopold 1/16/2003) Bush administration officials strongly disagree with Hans Blix’s approach, fearing that it would subvert US plans to provoke a military confrontation with Iraq. The Washington Post reports, “[Blix’s] plan risks undermining the administration’s strategy to ratchet up the pressure for a decision on whether to go to war later this month and it raises the prospect that Security Council members, including some US allies, would use it as an excuse to put off a decision until March, at the earliest.” Other countries—including France, Britain, Russia, France, China and Syria—see no problem with the timetable being advocated by Hans Blix. “The Council’s resolutions shouldn’t be flouted, they should be respected,” says Fayssal Mekdad, Syria’s deputy UN ambassador. (Lynch 1/16/2003)

In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. (Jehl 8/25/2004) He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. (MSNBC 6/23/2004) The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. (US Department of Defense 8/23/2004 pdf file)

Conducting its first raid of a private home, that of Faleh Hassan, a specialist in laser equipment who was once associated with Iraq’s nuclear program, UN inspectors discover 3,000 documents containing information that some initial reports say is related to Iraq’s former nuclear weapons program. (Coughlin 1/18/2003; Jahn 1/18/2003; BBC 1/19/2003; Observer 1/20/2003; ElBaradei 1/27/2003; Gordon and Risen 1/28/2003) Mohamed ElBaradei, director-general of the International Atomic Energy Agency (IAEA), is bothered by the discovery, saying, “We haven’t received these original documents before and that’s precisely the point we have been emphasizing, Iraq should be pro-active. We shouldn’t have to find these on our own. Why should these documents be in a private home? Why are they not giving them to us?” (Fisher 1/20/2003; Agence France-Presse 1/20/2003) But Hassan denies that the documents are related to Iraq’s former nuclear weapons program. He later explains to reporters: “The inspectors put their hands on personal documents which have nothing to do with the former [nuclear] program. We did research on laser isotopic separation, and in 1988 we reached the conclusion that this technology was very difficult given our infrastructure, so the decision was taken to abandon that approach.” He adds that he is ready to go through the documents with ElBaradei, “page by page, line by line and even word by word to prove that everything they found is in alignment with what we declared in 1991.” (Associated Press 1/18/2003; BBC 1/19/2003) After the discovery of the documents, Hassan accompanies inspectors to a field where they inspect what appears to be a man-made mound. The field is part of a farm Hassan sold in 1996. While at the farm, a female American inspector offers to arrange a trip outside of Iraq for him and his wife, so his wife can undergo treatment for kidney stones, diabetes and high blood pressure. The Iraqi scientist is angered by the offer and later refers to the woman’s tactics as “mafia-like behavior.” Recalling the incident he will also tell reporters, “We would rather live as beggars in our country than live as kings abroad,” also saying, “Never, never will I leave my country.” (Associated Press 1/18/2003; BBC 1/18/2003; Observer 1/20/2003) Hassan then goes with inspectors to a hotel in Baghdad where he spends most of the night arguing over whether he will be permitted to keep copies of the documents. (Observer 1/20/2003) Three weeks later in the inspectors’ February 14 update to the UN Security Council (see February 14, 2003), ElBaradei will say: “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” (Steele 2/15/2003; BBC 2/17/2003)

Citing inspectors’ discovery of 12 empty “warheads” (see January 16, 2003) and documents related to a failed nuclear program’s attempt at laser enrichment of uranium (see Afternoon October 7, 2002), critics of the Bush administration’s planned invasion argue that the inspections are working and that they should continue under the terms of 1999 UN Resolution 1284. They contend that if Iraq still possesses illegal weapons that it can be peacefully and effectively disarmed by the inspections process, thus making the argument for war moot. But the Bush administration argues instead that the inspection process has demonstrated that Saddam Hussein is not willing to disarm. This debate occurs as weapons inspectors are preparing their January 27 (see January 27, 2003) update on inspections, as required by UN Resolution 1441 (see November 8, 2002). Washington is hoping that the report will demonstrate that Iraq is not cooperating, so that they can use it to justify using military force against Iraq. (Associated Press 1/15/2003; Bumiller 1/17/2003; DeYoung 1/19/2003; Weisman 1/20/2003) The New York Times reports that according to unnamed US officials, “[I]n spite of the wish by Mr. Blix and Dr. Mohamed ElBaradei, the chief inspector for nuclear weapons and the head of the International Atomic Energy Agency, to continue the inspections process, the United States would move quickly to force an early conclusion by the Security Council.” (Weisman 1/19/2003)

Sometime after Joe Turner’s presentation to IAEA scientists, US analysts collect and photograph tubes in Iraq that are “virtually identical” to the Medusa tubes made in Italy. The tubes even have a stamped logo of the rocket’s Italian manufacturer and the words, “81mm rocket.” This is reported by the Washington Post on January 24: “The quantity and specifications of the tubes—narrow, silver cylinders measuring 81 millimeters in diameter and about a meter in length—made them ill-suited to enrich uranium without extensive modification, the experts said. But they are a perfect fit for a well-documented 81mm conventional rocket program in place for two decades. Iraq imported the same aluminum tubes for rockets in the 1980s. The new tubes it tried to purchase actually bear an inscription that includes the word ‘rocket,’ according to one official who examined them.” (Richburg 1/24/2003; Gellman and Pincus 8/10/2003 Sources: Unnamed US intelligence, US administration, and/or UN inspectors)

The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). (Mayer 2/27/2006)

The US military command in Afghanistan, Combined Joint Task Force (CJTF) 180, issues a memo on interrogation techniques, which includes nudity on the list of effective interrogation methods, despite this tactic being presumably barred by Defense Secretary Rumsfeld on January 15 (see January 15, 2003) for use at Guantanamo and in Afghanistan. According to Maj. Gen. George R. Fay, who will write a detailed report on detention operations (see August 25, 2004), the document “highlighted that deprivation of clothing had not historically been included in battlefield interrogations.” However he will add, “It went on to recommend clothing removal as an effective technique that could potentially raise objections as being degrading or inhumane, but for which no specific written legal prohibition existed.” (US Department of Defense 8/23/2004 pdf file) The document also speaks of exploiting the Arab fear of dogs. (US Department of Defense 8/23/2004 pdf file) Rumsfeld also banned the use of dogs for interrogation purposes in his January 15 order (see January 15, 2003).

Cheney’s chief of staff, I. Lewis Libby, presents the latest draft of a paper that is meant to serve as a rebuttal to Iraq’s December 7 declaration (see February 5, 2003) to Condoleezza Rice, Stephen Hadley, Paul Wolfowitz, Karl Rove, Richard Armitage, Michael Gerson, and Karen Hughes. The paper, written with the help of John Hannah, is supposed to serve as the basis for the speech Secretary of State Colin Powell will deliver to the UN Security Council on February 5 (see February 5, 2003). In his presentation, Libby says that intercepts and human intelligence reports indicate that Saddam Hussein has been attempting to conceal items. He doesn’t know what items are being hidden by the Iraqis, but he says it must be weapons of mass destruction. He also claims that Iraq has extensive ties to al-Qaeda, and cites the alleged meeting between Mohamed Atta and an Iraqi Intelligence agent (see April 8, 2001) as one example. While Armitage is disappointed with Libby’s presentation, Wolfowitz and Rove seem impressed. Karen Hughes warns Libby not to stretch the facts. (Bamford 2004, pp. 368; Isikoff and Corn 2006, pp. 175)

Al-Zarqawi’s injury report after his death in 2006. He has both legs but there is a recent fracture in one leg.Al-Zarqawi’s injury report after his death in 2006. He has both legs but there is a recent fracture in one leg. [Source: Ali Haider / EPA / Corbis]On January 26, 2003, Newsweek reports that in 2002, Islamist militant leader Abu Musab al-Zarqawi “supposedly went to Baghdad, where doctors amputated his leg (injured in Afghan fighting) and replaced it with a prosthesis.” Newsweek also claims that al-Zarqawi “is supposed to be one of al-Qaeda’s top experts on chemical and biological weapons” and that he also met with “Hezbollah militants” and “Iranian secret agents.” This new account builds on previous reports claiming that al-Zarqawi was in Baghdad for some unspecified medical treatment (see October 2, 2002). The article does note, “Not surprisingly, reports putting al-Zarqawi in Iraq piqued the interest of Pentagon hard-liners eager to find evidence to support their suspicion that Saddam [Hussein] and bin Laden are allied and may have plotted 9/11 together. But neither the CIA nor Britain’s legendary MI6 put much stock in al-Zarqawi’s alleged Iraqi visits, stressing such reports are ‘unconfirmed.’” (Hosenball 1/26/2003) Despite these caveats, it soon will be widely reported that al-Zarqawi had a leg amputated in Baghdad, with at least the tacit knowledge of the Iraqi government. For instance, several days later, USA Today reports, “To those who operate with and against the shadowy al-Zarqawi, including the Kurds of northern Iraq, he is called ‘the man with the limp.’ That is a reference to a poorly fitting artificial limb that replaced a leg amputated in Baghdad last August.” (Squitieri 2/5/2003) And Secretary of State Colin Powell will claim in his February 5, 2003 presentation to the United Nations that al-Zarqawi went to Baghdad in May 2002 for medical treatment and stayed two months (see February 5, 2003). But in October 2004, Knight Ridder will report, based on a new CIA report (see October 4, 2004), “Al-Zarqawi originally was reported to have had a leg amputated, a claim that officials now acknowledge was incorrect.” (Strobel, Landay, and Walcott 10/4/2004) In early 2006, al-Zarqawi will be seen walking in a videotape, clearly in possession of both his legs. And when he is killed later that year, x-rays of his dead body will show a fracture of his right lower leg, but apparently that was caused by the blast that killed him. (Weaver 6/8/2006; Associated Press 6/13/2006)

UNMOVIC Chief Weapons Inspector Hans Blix and IAEA Chief Weapons Inspector Mohamed ElBaradei present their long anticipated reports on the progress of weapons inspections to the UN Security Council. Blix’s assessment is notably more critical than the IAEA report by Mohamed ElBaradei. Blix tells the UN Security Council that while the Iraqi government has passively cooperated with the weapons inspectors, it could do more. “Unlike South Africa, which decided on its own to eliminate its nuclear weapons and welcomed inspection as a means of creating confidence in its disarmament, Iraq appears not to have come to a genuine acceptance—not even today—of the disarmament, which was demanded of it and which it needs to carry out to win the confidence of the world and to live in peace.” Additionally, Blix reports that it is still too early to determine whether or not Iraq has or is developing weapons of mass destruction, noting that Iraq has still not answered several questions concerning unaccounted for weapons. (United Nations 1/27/2003; Preston 1/27/2003; DeYoung and Lynch 1/28/2003; Bone 1/28/2003; Gordon and Risen 1/28/2003)
Hans Blix's report -
bullet Iraq has refused to permit overflights by American U2 surveillance planes. Iraq said that it would allow the overflights only if the UN promised to demand an end to the almost daily bombings by US and British war planes in the so-called “no-fly” zones. Iraq worries that if fighter jets and U2 planes are flying over Iraq at the same time, Iraq might inadvertently shoot at the surveillance planes, thinking they are fighter jets. (United Nations 1/27/2003)
bullet Iraq has not provided an adequate declaration of its prior production of nerve agent VX. (United Nations 1/27/2003)
bullet Inspectors have found a “laboratory quantity” of thiodiglycol, a precursor of mustard gas. (United Nations 1/27/2003)
bullet 1,000 tons of chemical agents from the Iraq-Iran War remain unaccounted for. (United Nations 1/27/2003)
bullet 6,500 missing chemical rockets remain unaccounted for. (United Nations 1/27/2003)
bullet Iraq has not provided evidence to substantiate its claim that it destroyed 8,500 liters of anthrax (United Nations 1/27/2003)
bullet 650kg of bacterial growth media remain unaccounted for. (United Nations 1/27/2003)
bullet Iraq has been developing Al Samoud 2 and Al Fatah missiles with a range beyond the 150km limit. (United Nations 1/27/2003)
bullet 380 rocket engines were smuggled into Iraq the previous month with chemicals used for missile propellants and control systems. (United Nations 1/27/2003)
bullet Iraq had provided the names of only 400 of the estimated 3,500 Iraqi scientists. (United Nations 1/27/2003) Iraqi scientists are refusing private interviews with UN inspectors. (United Nations 1/27/2003)
ElBaradei's report to the UN -
bullet The International Atomic Energy Agency’s inspection team has failed to uncover any evidence implicating Saddam’s regime in the development of nuclear weapons. He tells the Council: “We have to date found no evidence that Iraq has revived its nuclear weapon program since the elimination of the program in the 1990’s.… No prohibited nuclear activities have been identified during these inspections.” (United Nations 1/27/2003 pdf file)
bullet The International Atomic Energy Agency’s inspection team is close to completing weapons inspections in Iraq. He says: “We should be able within the next few months to provide credible assurance that Iraq has no nuclear weapons program. These few months would be a valuable investment in peace because they could help us avoid war.” He adds: “[T]he presence of international inspectors in Iraq today continues to serve as an effective deterrent to and insurance against the resumption” of secret weapons programs. (United Nations 1/27/2003 pdf file)
bullet The aluminum tubes that Iraq attempted to import were not related to uranium enrichment. ElBaradei states: “IAEA inspectors have inspected the relevant rocket production and storage sites, taken tube samples, interviewed relevant Iraqi personnel, and reviewed procurement contracts and related documents. From our analysis to date it appears that the aluminum tubes would be consistent with the purpose stated by Iraq and, unless modified, would not be suitable for manufacturing centrifuges….” (United Nations 1/27/2003 pdf file)
bullet The IAEA is investigating concerns that Iraq has attempted to obtain magnets that could be used in a gas centrifuge program. “Iraq presented detailed information on a project to construct a facility to produce magnets for the Iraqi missile program, as well as for industrial applications, and that Iraq had prepared a solicitation of offers, but that the project had been delayed due to ‘financial credit arrangements’ . Preliminary investigations indicate that the specifications contained in the offer solicitation are consistent with those required for the declared intended uses. However, the IAEA will continue to investigate the matter….” (United Nations 1/27/2003 pdf file)
Response - Responses to the two presentations are predictable. The US and Britain see no hope for Iraqi cooperation and peaceful disarmament, whereas other nations feel Blix and ElBaradei’s reports demonstrate that the inspections are working and that the use of military force is not necessary. (Preston 1/27/2003; MacKenzie 1/27/2003; Bone 1/28/2003)

Knight Ridder Newspapers reports: “US officials and private analysts said Bush’s suggestion that Iraqi leader Saddam Hussein might give such weapons to terrorists—and the implication that the risk of American retaliation can no longer deter him—stretches the analysis of US intelligence agencies to, and perhaps beyond, the limit.” The newspaper’s sources also say that “there was no evidence that Iraq and al-Qaeda had cooperated on terrorist operations and no evidence of any Iraqi role in the Sept. 11 attacks.” (Strobel 1/28/2003 Sources: Unnamed US official)

Iraqi bomb allegedly containing botulism toxin.Iraqi bomb allegedly containing botulism toxin. [Source: CIA]President Bush gives his State of the Union address to a joint session of Congress, making several false allegations about Iraq. (US President 2/3/2003) An empty seat is left open to symbolize the lives lost during the 9/11 attacks. Author Craig Unger will later characterize Bush’s delivery as somber and effective. He will be interrupted some 70 times by thunderous applause from the assembled lawmakers in the House chambers. One of his biggest applause lines is his statement about the US’s war on “international terrorism:” “The war goes on, and we are winning.” (Unger 2007, pp. 269-270)
African Uranium - He says: “The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa. Saddam Hussein has not credibly explained these activities.… He clearly has much to hide.” (US President 2/3/2003; White House 4/18/2003; Grice and Usborne 6/5/2003) The British allegation cited by Bush concerns a SISMI (Italy’s military intelligence) report (see Mid-October 2001) based on a set of forged documents. Months after the speech, with evidence mounting that the statement was completely false, the administration will retract this claim (see 3:09 p.m. July 11, 2003).
Aluminum Tubes - Bush alleges that a shipment of aluminum tubes imported by Iraq was intended to be used in the country’s alleged nuclear weapons program. “Our intelligence sources tell us that he has attempted to purchase high-strength aluminum tubes suitable for nuclear weapons production. Saddam Hussein has not credibly explained these activities. He clearly has much to hide.” (US President 2/3/2003)
Biological Agents - Bush lists a parade of agents: “anthrax, botulinum toxin, Ebola, and plague,” many of which Iraq has never been accused of possessing, and warns against “outlaw regimes that seek and possess nuclear, chemical, and builogical weapons… blackmail, terror, and mass murder.” He then moves from the general to the specific, accusing Iraq of having enough material “to produce over 25,000 liters of anthrax—enough doses to kill several million people… more than 38,000 liters of botulinum toxin—enough to subject millions of people to death by respiratory failure… as much as 500 tons of sarin, mustard and VX nerve agent.” (US President 2/3/2003; Unger 2007, pp. 270-271)
False Testimony from Iraqi Scientists - Bush alleges: “Iraqi intelligence officers are posing as the scientists inspectors are supposed to interview. Real scientists have been coached by Iraqi officials on what to say.” (US President 2/3/2003) But Hans Blix, the chief UNMOVIC weapons inspector, tells the New York Times in an interview that he knows of no evidence supporting this claim. (Miller and Preston 1/31/2003)
Defector Allegations - Bush, citing intelligence provided by “three Iraqi defectors,” says, “We know that Iraq, in the late 1990s, had several mobile weapons labs… designed to produce germ warfare agents and can be moved from place to a place to evade inspectors.” One of the defectors referred to by Bush is ‘Curveball,’ whom the CIA station chief in Germany warned was not reliable the day before (see January 27, 2003). German intelligence officials watching Bush’s speech are “shocked.” One official later recalls: “Mein Gott! We had always told them it was not proven.… It was not hard intelligence.” (Drogin and Goetz 11/20/2005) Another source for the claim was Mohammad Harith, whom the Defense Intelligence Agency had labeled a “fabricator” the previous May (see May 2002).
Torture, Murder, and 9/11 - Bush accuses Iraqi dictator Saddam Hussein of routinely torturing his own people, using such techniques as “electric shock, burning with hot irons, dripping acid on the skin, mutilation with electric drills, cutting out tongues, and rape.” He then connects Hussein, the torturer, murderer, and terrorist supporter, to the 9/11 attacks, saying: “[I]magine those 19 hijackers with other weapons and other plans—this time armed by Saddam Hussein. It would take one vial, one canister, one crate slipped into this country to bring a day of horror like none we have ever known.” He invites “all free nations” to join him in ensuring no such attack ever happens, but notes that “the course of this nation does not depend on the decisions of others.” After another long burst of applause, Bush continues, “Whatever action is required, whatever action is necessary, I will defend the freedom and security of the American people.” (Unger 2007, pp. 270-271)
'Direct Personal Threat' - Bush states what former ambassador Joseph Wilson later writes can only be interpreted by Hussein “as a direct personal threat,” saying: “Tonight I have a message for the brave and oppressed people of Iraq: Your enemy is not surrounding your country, your enemy is ruling your country. And the day he and his regime are removed from power will be the day of your liberation.” Wilson will later write: “Not simply promising the disarmament of Iraq as he had in his recent speeches, the president now stated outright his intention to rout Saddam from power, and to kill or capture him. It was an unwise thing to say. It made whatever strategy we adopted for Iraq that much more dangerous because it so blatantly telegraphed our next move and our ultimate goal.” (US President 2/3/2003; Wilson 2004, pp. 315)
Defending America - To America’s soldiers, he says: “Many of you are assembling in or near the Middle East, and some crucial hours lay ahead. In these hours, the success of our cause will depend on you. Your training has prepared you. Your honor will guide you. You believe in America, and America believes in you.” In 2007, Unger will write: “A few years earlier, Bush had confided that he thought to be a great president meant being a great commander in chief. Now George W. Bush was leading his nation into war.” (Unger 2007, pp. 270-271)

US Secretary of State Colin Powell reluctantly accepts the task of making the administration’s case for war to the United Nations Security Council. He assigns his close friend and chief of staff Larry Wilkerson to go to the CIA and put together a team to craft a presentation. Though Powell has long harbored deep misgivings about the war, in public he has consistently and staunchly promoted the war, even when it came to repeating claims he knew to be false (see January 23, 2008). Powell also gives Wilkerson a 48-page report from the White House on Iraq’s alleged arsenal of banned weapons. The report is meant to serve as the basis for Powell’s upcoming speech to the UN (see February 5, 2003). Powell, skeptical of the report’s data, instructs Wilkerson to have it looked over by the CIA. The dossier was written primarily by two senior aides to Vice President Cheney, John Hannah and I. Lewis Libby (see January 25, 2003). (Bamford 2004, pp. 368; Burrough et al. 5/2004, pp. 281; Unger 2007, pp. 275) The analysts at CIA will quickly determine that the documents are based on unreliable sources (see January 30-February 4, 2003). Speculation is already rampant throughout the State Department and among well-informed observers as to why Powell became such a reliable spokesman for the administration’s war plans. A State Department official will echo the opinion of others in saying that Powell is “completely aware of the machinations going on,” but wants to avoid any sort of public dispute among top White House officials—and Powell wants to keep relations with Vice President Dick Cheney on an even keel. Author Craig Unger will later note, “Regardless of what he really believed, Powell ultimately accommodated the White House to such an extent that he became the most articulate spokesman for the war effort” (see January 26, 2003). (Unger 2007, pp. 275)

Richard Reid is sentenced to 80 years in prison and fined over $2,000,000 for his attempt to blow up a transatlantic airliner with explosives hidden in his shoe (see December 22, 2001). During the sentencing, Reid plays to the gallery in the court, declaring himself a “soldier of Islam,” admitting allegiance to Osama bin Laden, and accusing the US of killing millions in Iraq. This leads to a confrontation with the judge and a row in the court, and Reid has to be wrestled out of the courtroom. Authors Sean O’Neill and Daniel McGrory will comment, “it is not clear how the judge thought the penniless Reid would ever pay [the fine].” Reid had previously pleaded guilty, meaning that the sentencing was not preceded by a trial, and details of the plot remain unknown. (CNN 1/31/2003; O'Neill and McGrory 2006, pp. 234)

Larry Wilkerson.Larry Wilkerson. [Source: CBS News]Secretary of State Colin Powell, preparing for his critically important presentation to the United Nations that will assert the reality of Saddam Hussein’s weapons of mass destruction (see February 5, 2003), sends his chief of staff, Larry Wilkerson, to the CIA to prepare for the presentation. CIA Director George Tenet and his experts regale Wilkerson with the information about mobile bioweapons labs provided by the Iraqi defector Curveball (see November 1999). In 2007, Wilkerson will recall, “They presented it in a very dynamic, dramatic, ‘we know this is accurate,’ way.” Curveball’s assertion that he is a firsthand witness is very important, Wilkerson will say. “This was a man who had actually been in the belly of the beast. He had been in the lab. He had been there when an accident occurred. He’d seen people killed. And the implication was, strong implication, that they weren’t killed because of the accident in the explosion, they were killed because they were contaminated. Yes, the source was very credible. As it was presented by the CIA.” Wilkerson later says that both he and Powell accept the claims because they depend on the intelligence community for good information: “And you depend on the director of central intelligence to assimilate all the intelligence community’s input and give it to you.” Wilkerson feels the section on mobile bioweapons is the strongest part of the presentation, as does Powell. Others at the CIA are not so convinced of Curveball’s truthfulness (see September 2002, January 27, 2003, and December 2002). (CBS News 11/4/2007)

Jane Harman.Jane Harman. [Source: US House of Representatives]CIA General Counsel Scott Muller briefs a small group of legislators on the CIA’s detainee interrogation program, and indicates that it has made videotapes of the interrogations. Muller says that the CIA is now thinking about destroying the tapes, because they put the officers shown on them at risk. Although four to eight legislators have already been briefed about the program (see September 2002), this is apparently the first mention that videotapes of interrogations have been made. (Mazzetti 12/8/2007) According to House Intelligence Committee member Jane Harman (D-CA), the briefing raises “a number of serious concerns.” (The Gavel 12/9/2007) Both Harman and another of those present, Porter Goss (R-FL), advise the CIA that they think destroying the tapes is a bad idea (see November 2005). Harman is apparently supported by fellow Democrat Nancy Pelosi, who is said to “concur” with Harman’s objections to the tapes’ destruction. (Mazzetti 12/8/2007) Harman writes a follow-up letter to Muller asking about legal opinions on interrogation techniques and urging the CIA to reconsider its decision to destroy the tapes (see February 28, 2003).

The State Department’s Bureau of Intelligence and Research (INR) finds seven more items (see January 31, 2003) in the latest draft of Secretary of State Colin Powell’s upcoming presentation to the UN Security Council (see February 5, 2003) that it terms as unreliable or unverifiable. Three are removed, four stay. (Unger 2007, pp. 281)

The Independent reports on February 3 that according to security sources in London, Colin Powell will attempt to link Iraq to al-Qaeda in his February 5 presentation to the UN. But the sources say that intelligence analysts in both Washington and London do not believe such links exist. (Sengupta 2/3/2003 Sources: Unnamed British intelligence sources) This is followed by a report the next day in the London Telegraph, reporting that the Bush administration’s insistence of a link between al-Zarqawi, Ansar al-Islam, and Saddam Hussein “has infuriated many within the United States intelligence community.” The report cites one unnamed US intelligence source who says, “The intelligence is practically non-existent,” and explains that the claim is largely based on information provided by Kurdish groups, which are enemies of Ansar al-Islam. “It is impossible to support the bald conclusions being made by the White House and the Pentagon given the poor quantity and quality of the intelligence available. There is uproar within the intelligence community on all of these points, but the Bush White House has quashed dissent.” (Smith and Rennie 2/4/2003 Sources: Unnamed US and British intelligence sources) The Telegraph predicts that “if Mr. Powell tries to prove the link between Iraq and al-Qaeda, the whole thing could fall apart,” explaining that the veto-wielding Security Council members, “France, Russia, and China… all have powerful intelligence services and their own material on al-Qaeda and they will know better than to accept the flimsy evidence of a spurious link with Baghdad.” (Smith and Rennie 2/4/2003)

CIA Director George Tenet and Deputy Director John McLaughlin assure Colin Powell that the statements he will be making in his February 5 speech (see February 5, 2003) to the UN are backed by solid intelligence. Powell is apparently concerned that the allegations about mobile biological weapons laboratories have little evidence behind them. “Powell and I were both suspicious because there were no pictures of the mobile labs,” Powell’s deputy, Larry Wilkerson, will later recall in an interview with the Washington Post. But the two CIA officials claim that evidence for the mobile units is based on multiple sources whose accounts have been independently corroborated. “This is it, Mr. Secretary. You can’t doubt this one,” Wilkerson remembers them saying. (Warrick 6/25/2006)

Around midnight, CIA Director George Tenet calls CIA official Tyler Drumheller at home and asks for the phone number of Richard Dearlove, the British intelligence chief. Tenet wants to get Dearlove’s approval to use British intelligence in Secretary of State Colin Powell’s speech to the UN (see February 5, 2003). Drumheller takes the opportunity to remind Tenet that the source for the alleged mobile labs, Curveball, is not reliable. “Hey, boss, you’re not going to use that stuff in the speech… ? There are real problems with that,” Drumheller asks. Tenet, distracted and tired, tells him not to worry. (Isikoff and Corn 2006, pp. 184; Warrick 6/25/2006) Tenet will later deny having such a conversation with Drumheller, writing: “I remember no such midnight call or warning.… Drumheller had dozens of opportunities before and after the Powell speech to raise the alarm with me [about Curveball], yet he failed to do so.” (Unger 2007, pp. 283)

Jay Bybee, the head of the Office of Legal Counsel (OLC) and the signatory on a number of memos authorizing torture and expanded presidential powers (see March 13, 2002 and August 1, 2002), is confirmed by the Senate to become a federal appeals court judge. The Senate Judiciary Committee scheduled Bybee’s confirmation hearing for the same day that Secretary of State Colin Powell was slated to give his presentation to the UN on Iraq’s weapons of mass destruction (see February 5, 2003); most of the committee’s Democrats choose to watch Powell’s presentation, thus only friendly Republican Senators are in the hearing. Bybee is confirmed easily. (Savage 2007, pp. 182)

Colin Powell and George Tenet, at the UN presentation.Colin Powell and George Tenet, at the UN presentation. [Source: CBS News]US Secretary of State Colin Powell presents the Bush administration’s case against Saddam to the UN Security Council, in advance of an expected vote on a second resolution that the US and Britain hope will provide the justification to use military force against Iraq. (Powell 2/5/2003) At the insistence of Powell, CIA Director George Tenet is seated directly behind him to the right. “It was theater, a device to signal to the world that Powell was relying on the CIA to make his case that Iraq had weapons of mass destruction,” Vanity Fair magazine will later explain. (Bamford 2004, pp. 371-2; Burrough et al. 5/2004, pp. 232) In his speech before the Council, Powell makes the case that Iraq is in further material breach of past UN resolutions, specifically the most recent one, UN Resolution 1441 (see November 8, 2002). Sources cited in Powell’s presentation include defectors, informants, communication intercepts, procurement records, photographs, and detainees. (Powell 2/5/2003) Most of the allegations made by Powell are later demonstrated to be false. “The defectors and other sources went unidentified,” the Associated Press will later report. “The audiotapes were uncorroborated, as were the photo interpretations. No other supporting documents were presented. Little was independently verifiable.” (Hanley 8/9/2003)
Iraq's December 7 Declaration Was Inaccurate - Powell contends that Iraq’s December 7 declaration was not complete. According to UN Resolution 1441 the document was supposed to be a “currently accurate, full and complete declaration of all aspects” of its programs to develop weapons of mass destruction. But Saddam has not done this, says Powell, who explains that Iraq has yet to provide sufficient evidence that it destroyed its previously declared stock of 8,500 liters of anthrax, as it claimed in the declaration. Furthermore, notes the secretary of state, UNSCOM inspectors had previously estimated that Iraq possessed the raw materials to produce as much as 25,000 liters of the virus. (Chivers 2/5/2003; Powell 2/5/2003; Warrick 2/6/2003)
Iraq Has Ties to Al-Qaeda - Powell repeats earlier claims that Saddam Hussein’s government has ties to al-Qaeda. Powell focuses on the cases of the militant Islamic group Ansar-al-Islam and Abu Musab Zarqawi, a Jordanian-born Palestinian, who had received medical treatment in Baghdad during the summer of 2002 (see December 2001-Mid-2002). (Powell 2/5/2003) However, just days before Powell’s speech, US and British intelligence officials—speaking on condition of anonymity—told the press that the administration’s allegations of Iraqi-al-Qaeda ties were based on information provided by Kurdish groups, who, as enemies of Ansar-al-Islam, should not be considered reliable. Furthermore, these sources unequivocally stated that intelligence analysts on both sides of the Atlantic remained unconvinced of the purported links between Iraq and al-Qaeda (see February 3-4, 2003). (Sengupta 2/3/2003; Smith and Rennie 2/4/2003) Powell also claims that Iraq provided “chemical or biological weapons training for two al-Qaeda associates beginning in December 2000.” The claim is based on a September 2002 CIA document which had warned that its sources were of “varying reliability” and that the claim was not substantiated (see September 2002). The report’s main source, Ibn al-Shaykh al-Libi, an al-Qaeda operative who offered the information to CIA interrogators while in custody, later recounts the claim (see February 14, 2004). (CNN 9/26/2002; Jehl 7/31/2004; Isikoff 7/5/2005) Larry Wilkerson, Powell’s chief of staff, will later say that neither he nor Powell ever received “any dissent with respect to those lines… indeed the entire section that now we know came from [al-Libi].” (Isikoff and Hosenball 11/10/2005) Senior US officials will admit to the New York Times and Washington Post after the presentation that the administration was not claiming that Saddam Hussein is “exercising operational control” of al-Qaeda. (Gordon 2/6/2003; Pincus 2/7/2003)
Iraq Has Missiles Capable of Flying Up to 1,200 Kilometers - Describing a photo of the al-Rafah weapons site, Powell says: “As part of this effort, another little piece of evidence, Iraq has built an engine test stand that is larger than anything it has ever had. Notice the dramatic difference in size between the test stand on the left, the old one, and the new one on the right. Note the large exhaust vent. This is where the flame from the engine comes out. The exhaust vent on the right test stand is five times longer than the one on the left. The one of the left is used for short-range missiles. The one on the right is clearly intended for long-range missiles that can fly 1,200 kilometers. This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” (Powell 2/5/2003; Chivers 2/5/2003) But according to the Associated Press, “… UN missile experts have reported inspecting al-Rafah at least five times since inspections resumed Nov. 27, have studied the specifications of the new test stand, regularly monitor tests at the installation, and thus far have reported no concerns.” (Hanley 2/7/2003) Similarly, Reuters quotes Ali Jassem, an Iraqi official, who explains that the large stand referred to in Powell’s speech is not yet in operation and that its larger size is due to the fact that it will be testing engines horizontally. (Ladki 2/7/2003; Steele 2/15/2003) Several days later, Blix will report to the UN that “so far, the test stand has not been associated with a proscribed activity.” (Steele 2/15/2003)
Iraqis Attempted to Hide Evidence from Inspectors - Powell shows the UN Security Council satellite shots depicting what he claims are chemical weapons bunkers and convoys of Iraqi cargo trucks preparing to transport ballistic missile components from a weapons site just two days before the arrival of inspectors. “We saw this kind of housecleaning at close to 30 sites,” Powell explains. “We must ask ourselves: Why would Iraq suddenly move equipment of this nature before inspections if they were anxious to demonstrate what they had or did not have?” (Powell 2/5/2003) But the photos are interpreted differently by others. An unnamed UN official and German UN Inspector Peter Franck both say the trucks in the photos are actually fire engines. (Stober 3/18/2003; Agence France-Presse 6/6/2003)
'Literally Removed the Crust of the Earth' - Another series of photos—taken during the spring and summer of 2002—show that Iraqis have removed a layer of topsoil from the al-Musayyib chemical complex. This piece of evidence, combined with information provided by an unnamed source, leads Powell to draw the following conclusion: “The Iraqis literally removed the crust of the earth from large portions of this site in order to conceal chemical weapons evidence that would be there from years of chemical weapons activity.” (Powell 2/5/2003; Warrick 2/6/2003) Showing another series of pictures—one taken on November 10 (before inspections) and one taken on December 22—Powell says that a guard station and decontamination truck were removed prior to the arrival of inspectors. Powell does not explain how he knows that the truck in the photograph was a decontamination truck. (Powell 2/5/2003; Warrick 2/6/2003; DeYoung and Pincus 2/6/2003) AP reporter Charles Hanley says that some of Powell’s claims that Iraq is hiding evidence are “ridiculous.” Powell says of a missile site, “This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” Hanley later says, “What he neglected to mention was that the inspectors were underneath, watching what was going on.” (Moyers 4/25/2007)
Communication Intercepts Demonstrate Iraqi Attempts to Conceal Information from Inspectors - Powell plays recordings of three conversations intercepted by US intelligence—one on November 26, another on January 30, and a third, a “few weeks” before. The conversations suggest that the Iraqis were attempting to hide evidence from inspectors. (Chivers 2/5/2003; Powell 2/5/2003; Reid 2/6/2003; Sydney Morning Herald 2/7/2003) Senior administration officials concede to the Washington Post that it was not known “what military items were discussed in the intercepts.” (Priest and Pincus 2/13/2003) Some critics argue that the intercepts were presented out of context and open to interpretation. (Sydney Morning Herald 2/7/2003; Sydney Morning Herald 2/9/2003) Others note that the conversations were translated from Arabic by US translators and were not analyzed or verified by an independent specialist. (Breslin 2/6/2003)
Biological Weapons Factories - Colin Powell says that US intelligence has “firsthand descriptions” that Iraq has 18 mobile biological weapons factories mounted on trucks and railroad cars. Information about the mobile weapons labs are based on the testimonies of four sources—a defected Iraqi chemical engineer who claims to have supervised one of these facilities, an Iraqi civil engineer (see December 20, 2001), a source in “a position to know,” and a defected Iraqi major (see February 11, 2002). Powell says that the mobile units are capable of producing enough dry biological agent in a single month to kill several thousand people. He shows computer-generated diagrams and pictures based on the sources’ descriptions of the facilities. Powell says that according to the chemical engineer, during the late 1990s, Iraq’s biological weapons scientists would often begin the production of pathogens on Thursday nights and complete the process on Fridays in order to evade UNSCOM inspectors whom Iraq believed would not conduct inspections on the Muslim holy day. (Chivers 2/5/2003; Powell 2/5/2003; Warrick 2/6/2003; Marshall 2/11/2003) Powell tells the delegates, “The source was an eyewitness, an Iraqi chemical engineer, who supervised one of these facilities. He actually was present during biological agent production runs. He was also at the site when an accident occurred in 1998. Twelve technicians died from exposure to biological agents.” He displays models of the mobile trucks drawn from the source’s statements. (CBS News 11/4/2007) Responding to the allegation, Iraqi officials will concede that they do in fact have mobile labs, but insist that they are not used for the development of weapons. According to the Iraqis, the mobile labs are used for food analysis for disease outbreaks, mobile field hospitals, a military field bakery, food and medicine refrigeration trucks, a mobile military morgue and mobile ice making trucks. (Plesch 2/5/2003; ABC News 5/21/2003) Iraq’s explanation is consistent with earlier assessments of the UN weapons inspectors. Before Powell’s presentation, Hans Blix had dismissed suggestions that the Iraqis were using mobile biological weapons labs, reporting that inspections of two alleged mobile labs had turned up nothing. “Two food-testing trucks have been inspected and nothing has been found,” Blix said. And Ewen Buchanan, spokesman for the UN Monitoring, Verification and Inspection Commission, said, “The outline and characteristics of these trucks that we inspected were all consistent with the declared purposes.” (Plesch 2/5/2003; ABC News 5/21/2003)
'Curveball' Primary Source of Claims - Powell’s case is further damaged when it is later learned that one of the sources Powell cited, the Iraqi major, had been earlier judged unreliable by intelligence agents at the Defense Intelligence Agency (see February 11, 2002). In May 2002, the analysts had issued a “fabricator notice” on the informant, noting that he had been “coached by [the] Iraqi National Congress” (INC) (see May 2002). But the main source for the claim had been an Iraqi defector known as “Curveball,” who was initially believed to be the brother of a top aide to Ahmed Chalabi. The source claimed to be a chemical engineer who had helped design and build the mobile labs. His information was passed to Washington through Germany’s intelligence service, the Bundesnachrichtendienst (BND), which had been introduced to the source by the INC. In passing along the information, the BND noted that there were “various problems with the source.” And only one member of the US intelligence community had actually met with the person—an unnamed Pentagon analyst who determined the man was an alcoholic and of dubious reliability. Yet both the DIA and the CIA validated the information. (Veteran Intelligence Professionals for Sanity 8/22/2003; Drogin and Miller 3/28/2004; Landay and Brown 4/4/2004; Newsweek 4/19/2004; Isikoff 7/19/2004) Powell says that the US has three other intelligence sources besides Curveball for the mobile bioweapons labs. Powell will be infuriated to learn that none of those three sources ever corroborated Curveball’s story, and sometimes their information contradicted each other. One of the three had failed a polygraph test and was determined to have lied to his debriefers. Another had already been declared a fabricator by US intelligence community, and had been proven to have mined his information off the Internet. (Drogin and Karlin 11/27/2007) In November 2007, Curveball is identified as Rafid Ahmed Alwan. Serious questions about Curveball’s veracity had already been raised by the time of Powell’s UN presentation. He will later be completely discredited (see November 4, 2007).
Further Problems with Mobile Lab Claims - In addition to the inspectors’ assessments and the dubious nature of the sources Powell cited, there are numerous other problems with the mobile factories claim. Raymond Zilinskas, a microbiologist and former UN weapons inspector, argues that significant amounts of pathogens such as anthrax, could not be produced in the short span of time suggested in Powell’s speech. “You normally would require 36 to 48 hours just to do the fermentation…. The short processing time seems suspicious to me.” He also says: “The only reason you would have mobile labs is to avoid inspectors, because everything about them is difficult. We know it is possible to build them—the United States developed mobile production plants, including one designed for an airplane—but it’s a big hassle. That’s why this strikes me as a bit far-fetched.” (Warrick 2/6/2003) After Powell’s speech, Blix will say in his March 7 report to the UN that his inspectors found no evidence of mobile weapons labs (see March 7, 2003). (CNN 3/7/2003; Agence France-Presse 3/7/2003; King et al. 3/7/2003) Reporter Bob Drogin, author of Curveball: Spies, Lies and the Con Man Who Caused a War, says in 2007, “[B]y the time Colin Powell goes to the UN to make the case for war, he shows the world artists’ conjectures based on analysts’ interpretations and extrapolations of Arabic-to-German-to-English translations of summary debriefing reports of interviews with a manic-depressive defector whom the Americans had never met. [CIA director George] Tenet told Powell that Curveball’s information was ironclad and unassailable. It was a travesty.” (Holland 10/22/2007)
'Four Tons' of VX Toxin - Powell also claims that Iraq has “four tons” of VX nerve toxin. “A single drop of VX on the skin will kill in minutes,” he says. “Four tons.” Hanley later notes, “He didn’t point out that most of that had already been destroyed. And, on point after point he failed to point out that these facilities about which he was raising such alarm were under repeated inspections good, expert people with very good equipment, and who were leaving behind cameras and other monitoring equipment to keep us a continuing eye on it.” (Moyers 4/25/2007)
Iraq is Developing Unmanned Drones Capable of Delivering Weapons of Mass Destruction - Powell asserts that Iraq has flight-tested an unmanned drone capable of flying up to 310 miles and is working on a liquid-fueled ballistic missile with a range of 745 miles. He plays a video of an Iraqi F-1 Mirage jet dispersing “simulated anthrax.” (Powell 2/5/2003; Chivers 2/5/2003; Graham 2/6/2003) But the Associated Press will later report that the video was made prior to the 1991 Gulf War. Apparently, three of the four spray tanks shown in the film had been destroyed during the 1991 military intervention. (Hanley 8/9/2003)
Imported Aluminum Tubes were Meant for Centrifuge - Powell argues that the aluminum tubes which Iraq had attempted to import in July 2001 (see July 2001) were meant to be used in a nuclear weapons program and not for artillery rockets as experts from the US Energy Department, the INR, and the IAEA have been arguing (see February 3, 2003) (see January 11, 2003) (see August 17, 2001) (see January 27, 2003). To support the administration’s case, he cites unusually precise specifications and high tolerances for heat and stress. “It strikes me as quite odd that these tubes are manufactured to a tolerance that far exceeds US requirements for comparable rockets,” he says. “Maybe Iraqis just manufacture their conventional weapons to a higher standard than we do, but I don’t think so.” Powell also suggests that because the tubes were “anodized,” it was unlikely that they had been designed for conventional use. (Powell 2/5/2003; Warrick 2/5/2003; Warrick 3/8/2003) Powell does not mention that numerous US nuclear scientists have dismissed this claim (see August 17, 2001) (see September 23, 2002) (see December 2002). (Albright 10/9/2003) Powell also fails to say that Iraq has rockets identical to the Italian Medusa 81 mm rockets, which are of the same dimensions and made of the same alloy as the 3,000 tubes that were intercepted in July 2001 (see After January 22, 2003). (Gellman and Pincus 8/10/2003) This had been reported just two weeks earlier by the Washington Post. (Richburg 1/24/2003) Moreover, just two days before, Powell was explicitly warned by the US State Department’s Bureau of Intelligence and Research not to cite the aluminum tubes as evidence that Iraq is pursuing nuclear weapons (see February 3, 2003). (Wetzel 7/29/2003)
Iraq Attempted to Acquire Magnets for Use in a Gas Centrifuge Program - Powell says: “We… have intelligence from multiple sources that Iraq is attempting to acquire magnets and high-speed balancing machines. Both items can be used in a gas centrifuge program to enrich uranium. In 1999 and 2000, Iraqi officials negotiated with firms in Romania, India, Russia and Slovenia for the purchase of a magnet production plant. Iraq wanted the plant to produce magnets weighing 20 to 30 grams. That’s the same weight as the magnets used in Iraq’s gas centrifuge program before the Gulf War.” (Powell 2/5/2003; Gordon 2/6/2003) Investigation by the UN’s International Atomic Energy Agency [IAEA] will demonstrate that the magnets have a dual use. IAEA Director Mohamed ElBaradei said a little more than a week before, on January 27, in his report to the Security Council: “Iraq presented detailed information on a project to construct a facility to produce magnets for the Iraqi missile program, as well as for industrial applications, and that Iraq had prepared a solicitation of offers, but that the project had been delayed due to ‘financial credit arrangements.’ Preliminary investigations indicate that the specifications contained in the offer solicitation are consistent with those required for the declared intended uses. However, the IAEA will continue to investigate the matter….” (see January 27, 2003) (Annan 1/27/2003 pdf file) On March 7, ElBaradei will provide an additional update: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters and field telephones. Through visits to research and production sites, reviews of engineering drawings and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” (see March 7, 2003) (CNN 3/7/2003)
Iraq Attempted to Purchase Machines to Balance Centrifuge Rotors - Powell states: “Intercepted communications from mid-2000 through last summer show that Iraq front companies sought to buy machines that can be used to balance gas centrifuge rotors. One of these companies also had been involved in a failed effort in 2001 to smuggle aluminum tubes into Iraq.” (Powell 2/5/2003; Gordon 2/6/2003)
Powell Cites Documents Removed from Home of Iraqi Scientist Faleh Hassan - Powell cites the documents that had been found on January 16, 2003 by inspectors with the help of US intelligence at the Baghdad home of Faleh Hassan, a nuclear scientist. Powell asserts that the papers are a “dramatic confirmation” that Saddam Hussein is concealing evidence and not cooperating with the inspections. The 3,000 documents contained information relating to the laser enrichment of uranium (see January 16, 2003). (Coughlin 1/18/2003; Jahn 1/18/2003; BBC 1/19/2003; Powell 2/5/2003) A little more than a week later, in the inspectors’ February 14 update to the UN Security Council (see February 14, 2003), ElBaradei will say, “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” (Steele 2/15/2003; BBC 2/17/2003; Hanley 8/9/2003)
Iraq is Hiding Missiles in the Desert - Powell says that according to unidentified sources, the Iraqis have hidden rocket launchers and warheads containing biological weapons in the western desert. He further contends that these caches of weapons are hidden in palm groves and moved to different locations on a weekly basis. (Powell 2/5/2003) It will later be suggested that this claim was “lifted whole from an Iraqi general’s written account of hiding missiles in the 1991 war.” (Hanley 8/9/2003)
Iraq Has Scud Missiles - Powell also says that according to unnamed “intelligence sources,” Iraq has a few dozen Scud-type missiles. (Hanley 8/9/2003)
Iraq Has Weapons of Mass Destruction - Secretary of State Colin Powell states unequivocally: “We… have satellite photos that indicate that banned materials have recently been moved from a number of Iraqi weapons of mass destruction facilities. There can be no doubt that Saddam Hussein has biological weapons and the capability to rapidly produce more, many more.” Elsewhere in his speech he says: “We know that Saddam Hussein is determined to keep his weapons of mass destruction, is determined to make more.” (Powell 2/5/2003; CNN 2/5/2003)
Governments, Media Reaction Mixed - Powell’s speech will fail to convince many skeptical governments, nor will it impress many in the European media. But it will have a tremendous impact in the US media (see February 5, 2003 and After).

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), is stepping down to become a federal judge (see February 5, 2003). White House counsel Alberto Gonzales and Vice President Cheney’s lawyer, David Addington, want OLC lawyer John Yoo to take Bybee’s place. But Attorney General John Ashcroft, miffed at Yoo’s bureaucratic maneuvers to give the White House a direct connection into the department and cut Ashcroft out of the loop, refuses. Yoo resigns in the summer of 2003 and resumes his position as a law professor at the University of California at Berkeley. Instead, Ashcroft and the White House will choose Jack Goldsmith to head the OLC (see October 6, 2003). Goldsmith seems a perfect replacement for Yoo—the two had coauthored one Wall Street Journal op-ed that claimed treaties were not binding on the US, and another Journal op-ed claiming that President Bush had the right to unilaterally withdraw the US from the Anti-Ballistic Missile Treaty (see May 26, 1972). Goldsmith was also a supporter of the administration’s military commissions program, noting that the need for “swift justice” was transcendant. (Savage 2007, pp. 182)

The government raises the threat level to orange. The announcement is made by Attorney General John Ashcroft, Homeland Security Secretary Ridge, and FBI Director Mueller. CIA Director George Tenet calls the threat “the most specific we have seen” since 9/11 and says al-Qaeda may use a “radiological dispersal device, as well as poisons and chemicals.” Ashcroft states that “this decision for an increased threat condition designation is based on specific intelligence received and analyzed by the full intelligence community. This information has been corroborated by multiple intelligence sources.” (CNN 2/7/2003) Ashcroft further claims that they have “evidence that terrorists would attack American hotels and apartment buildings.” (Ross and Rackmill 2/13/2007) A detailed plan is described to authorities by a captured terror suspect. This source cited a plot involving a Virginia- or Detroit-based al-Qaeda cell that had developed a method of carrying dirty bombs encased in shoes, suitcases, or laptops through airport scanners. The informant specifies government buildings and Christian or clerical centers as possible targets. (Ross and Rackmill 2/13/2007) Three days later, Fire Administrator David Paulison advises Americans to stock up on plastic sheeting and duct tape to protect themselves against radiological or biological attack. This causes a brief buying panic. (MSNBC 6/4/2007) Batteries of Stinger anti-aircraft missiles are set up around Washington and the capital’s skies are patrolled by F-16 fighter jets and helicopters. (BBC 2/14/2003) The threat is debunked on February 13, when the main source is finally given an FBI polygraph and fails it. Two senior law enforcement officials in Washington and New York state that a key piece of information leading to the terror alerts was fabricated. The claim made by a captured al-Qaeda member regarding a “dirty bomb” threat to Washington, New York, or Florida had proven to be a product of his imagination. Vincent Cannistraro, former head of the CIA’s Counterterrorist Center, says the intelligence turned out “to be fabricated and therefore the reason for a lot of the alarm, particularly in Washington this week, has been dissipated after they found out that this information was not true.” But threat levels remain stuck on orange for two more weeks. (Ross and Rackmill 2/13/2007) Bush administration officials do admit that the captured terror suspect lied, but add that this suspect was not the only source taken into consideration. Ridge says that there is “no need to start sealing the doors and windows.” Bush says that the warning, although based on evidence fabricated by an alleged terrorist, is a “stark reminder of the era that we’re in, that we’re at war and the war goes on.” (BBC 2/14/2003) The alert followed less than forty-eight hours after Colin Powell’s famous speech to the United Nations in which he falsely accused Saddam Hussein of harboring al-Qaeda and training terrorists in the use of chemical weapons (see February 5, 2003). (Dreyfuss 9/21/2006 pdf file) Anti-war demonstrations also continue to take place world-wide. (MSNBC 6/4/2007)

UN inspectors at Djerf al Nadaf.UN inspectors at Djerf al Nadaf. [Source: CBS News]Three days after Colin Powell’s speech to the UN Security Council (see February 5, 2003), Team Bravo, a UN inspection team led by US biological weapons experts, conducts the first inspection of Curveball’s former work site, Djerf al Nadaf. According to Curveball, Djerf al Nadaf was the site of a 1998 accident involving bio-warfare material. The visit lasts 3 1/2 hours. Samples taken from the facility are tested for trace amounts of biological agents, but test results are negative. During the visit, the inspectors also note that the walls surrounding the facility would have made it impossible for trucks to enter and leave the building in the way described by Curveball. (Drogin and Goetz 11/20/2005)

Journalist Jason Burke writes in the Observer about recent interviews he has conducted with prisoners held by Kurdish rebels in northern Iraq. One prisoner, Mohammed Mansour Shahab, claims to have been an Iraqi government agent who repeatedly met with Osama bin Laden over a several year period. The New Yorker published an article in March 2002 largely based on Shahab’s allegations and concluded, “the Kurds may have evidence of [Saddam Hussein’s] ties to Osama bin Laden’s terrorist network.” But Burke is able to find a number of inconsistencies and falsehoods in Shahab’s account, and after he points them out, Shahab does not deny that he was lying. Burke suggests that Shahab, like other prisoners being held by the Kurds, was lying in hopes of getting his prison sentence reduced since his Kurdish captors are looking to promote propaganda against their enemy, the Hussein government. Burke also interviews a number of prisoners belonging to the Ansar al-Islam militant group that is allegedly linked to Abu Musab al-Zarqawi. He does not see evidence of any link between that group and Hussein’s government and concludes, “Saddam may well have infiltrated the Ansar al-Islam with a view to monitoring the developments of the group (indeed it would be odd if he had not) but that appears to be about as far as his involvement with the group, and incidentally with al-Qaeda, goes.” (Burke 2/9/2003)

Secretary of State Colin Powell obtains an advance transcript of a new audio tape thought to be from Osama bin Laden before it is broadcast on Al Jazeera, but misrepresents the contents to a US Senate panel, implying it shows a partnership between al-Qaeda and Iraq. (CNN 2/12/2003) Following Powell’s initial claim the tape exists, Al Jazeera says that it has no such tape and dismisses Powell’s statement as a rumor. (Associated Press 2/12/2003) However, later in the day Al Jazeera says that it does have the tape. (Reuters 2/12/2003) It is unclear how Powell obtains the advance copy, and Counterpunch even jokes, “Maybe the CIA gave Powell the tape before they delivered it to Al Jazeera?” (Nimmo 2/13/2003) In his testimony to the Senate Budget Committee Powell says, “[Bin Laden] speaks to the people of Iraq and talks about their struggle and how he is in partnership with Iraq.” (CNN 2/12/2003) Powell’s spokesperson, Richard Boucher, says that the recording proves “that bin Laden and Saddam Hussein seem to find common ground.” (Nakhoul 2/11/2003; Johnston 2/12/2003; Eggen and Schmidt 11/12/2003) However, although bin Laden tells his supporters in Iraq they may fight alongside the Saddam Hussein, if the country is invaded by the US (see November 12, 2002), he does not express any direct support for the current regime in Iraq, which he describes as “pagan.” (CNN 2/12/2003) A senior editor for Al Jazeera says the tape offers no evidence of ties between al-Qaeda and Saddam Hussein. “When you hear it, it doesn’t prove any relation between bin Laden or al-Qaeda group and the Iraqi regime,” he argues. (ABC News 2/12/2003) Several news reports also challenge Powell and Boucher’s interpretation. For example, CNN reveals that the voice had criticized Saddam’s regime, declaring that “the socialists and the rulers [had] lost their legitimacy a long time ago, and the socialists are infidels regardless of where they are, whether in Baghdad or in Aden.” (CNN 2/11/2003; MacFarquhar 11/12/2003) Similarly, a report published by Reuters notes that the voice “did not express support for Iraqi President Saddam Hussein—it said Muslims should support the Iraqi people rather than the country’s government.” (Nakhoul 2/11/2003)

A UN panel—consisting of missile experts from the United States, Britain, France, Ukraine, Germany and China—unanimously concludes that Iraq’s Al Samoud 2 conventional missile program is in violation of UN resolutions because its range exceeds restrictions imposed in 1991 after the Gulf War. While admitting that the Al Samoud missiles exceed the 150 km limit in test runs—by a mere 33km—Iraqi officials insist that they would be incapable of traveling more than 150 km when laden with conventional explosives and guidance equipment. Iraq has more than 100 of these missiles (Lynch and Priest 2/13/2003; Guardian 2/13/2003) Douglas Richardson, the editor of Jane’s Missiles and Rockets, says that the “violation” is comparable to driving 36mph in a 30mph zone. (Guardian 2/13/2003; United Press International 2/13/2003; BBC 3/2/2003) Iraq is ordered to begin destroying the missiles by March 1 (see March 1, 2003), which it agrees to do on February 27 (see February 27, 2003). (BBC 1/28/2003; Associated Press 2/28/2003; Barringer and Sanger 3/1/2003)

The Blind Sheikh’s sons Mohammad Omar Abdul-Rahman and Ahmad Abdul-Rahman in 1998. It is not clear which is which.The Blind Sheikh’s sons Mohammad Omar Abdul-Rahman and Ahmad Abdul-Rahman in 1998. It is not clear which is which. [Source: CNN]Pakistani authorities raid an apartment in Quetta, Pakistan, and apparently arrest Mohammad Omar Abdul-Rahman, a son of the Blind Sheikh,’ Sheikh Omar Abdel Rahman. Supposedly, communications found at the apartment lead to the later arrest of Khalid Shaikh Mohammed (see February 29 or March 1, 2003). (Johnston 3/4/2003) Government officials say he is a senior al-Qaeda operative who ran a training camp in Afghanistan before 9/11 attacks and also had a role in operational planning. Another son of the blind sheik, Ahmad Abdul-Rahman, was captured in Afghanistan in late 2001, but Ahmad was not considered to be high ranking. (Associated Press 3/4/2003) But even though Mohammad Omar’s arrest is reported in the New York Times and elsewhere, there is no official announcement. In December 2005, his name will be on a list published by ABC News of high-detainees being held in a secret CIA prison (see November 2005). (ABC News 12/5/2005) In 2006, the US will announce that it is emptying the CIA prisons and transferring all high-level prisoners to Guantanamo, but he will not be one of those transferred and it is unclear what happened to him (see September 2-3, 2006).

United Nations Monitoring, Verification and Inspection Commission Chief Weapons Inspector Hans Blix and IAEA Director-General Mohamed ElBaradei present an update to the UN Security Council on the progress of weapons inspections in Iraq. The content of their presentation includes no evidence to substantiate US and British claims that Iraq poses a serious threat to the US or Europe. After the report is presented, the majority of the UN Security Council members feel that the use of military force will not be needed to effectively disarm Iraq. (United Nations 2/14/2003; Financial Times 2/14/2003)
UNMOVIC report by Hans Blix -
bullet After conducting some 400 inspections at over 300 Iraqi sites since December 2002, the inspection teams still have not found any evidence that Iraq has weapons of mass destruction or that Iraq has programs to develop such weapons. (United Nations 2/14/2003; Financial Times 2/14/2003; Oliver 2/14/2003; Deen 2/15/2003)
bullet The inspectors are unaware of any reliable evidence that the Iraqis have had advanced knowledge of the timing and locations of weapons inspections. “In no case have we seen convincing evidence that the Iraqi side knew in advance that the inspectors were coming,” Blix says. (United Nations 2/14/2003; Oliver 2/14/2003; Financial Times 2/14/2003; Associated Press 2/14/2003; Steele 2/15/2003)
bullet The Iraqi government agreed to reduce the number of “minders” present in interviews with Iraqi scientists. (United Nations 2/14/2003; Financial Times 2/14/2003)
bullet The UNMOVIC weapons inspection teams have begun destroying Iraq’s declared arsenal of mustard gas. (United Nations 2/14/2003; Financial Times 2/14/2003)
bullet South Africa has made an agreement with Iraq to assist it in its disarmament efforts. (United Nations 2/14/2003; Financial Times 2/14/2003; Oliver 2/14/2003)
bullet Several proscribed weapons and other items remain unaccounted for, including more than 1,000 tons of chemical agents. Blix explains that if they do not exist, Iraq needs to provide him with credible evidence that they have been destroyed. “Another matter and one of great significance is that many proscribed weapons and items are not accounted for. One must not jump to the conclusion that they exist. However, that possibility is also not excluded. If they exist, they should be presented for destruction. If they do not exist, credible evidence to that effect should be presented.” (United Nations 2/14/2003; Financial Times 2/14/2003; Associated Press 2/14/2003; Oliver 2/14/2003)
bullet Based on the data contained in Iraq’s declaration of arms, experts have concluded that two varieties of Iraq’s Al Samoud II missile systems are capable of exceeding the 150km range limit that was imposed on Iraq in 1991 after the First Gulf War (see February 12, 2003). But contrary to what Powell recently stated in his February 5 presentation to the UN, test stands located at the Al Rafah facility have not been associated with the testing of missiles with the ranges Powell suggested (see February 5, 2003). (United Nations 2/14/2003; Financial Times 2/14/2003; Associated Press 2/14/2003; Steele 2/15/2003)
bullet More interviews with Iraqi scientists, especially ones involved in its former biological weapons programs, are needed. (United Nations 2/14/2003; Financial Times 2/14/2003)
bullet Recent private interviews with Iraqi scientists have been helpful to weapons inspectors. (United Nations 2/14/2003; Financial Times 2/14/2003)
bullet The amount of intelligence being supplied by foreign agencies have recently increased and the new information is helping inspectors. (United Nations 2/14/2003; Financial Times 2/14/2003)
bullet Blix challenges the conclusions made by Powell in his February 5 presentation (see February 5, 2003) to the UN with regard to US satellite pictures showing the movement of trucks and supplies at suspected weapons sites prior to inspections. He says, “The reported movement of munitions at the site could just as easily have been a routine activity as a movement of proscribed munitions in anticipation of an imminent inspection.” (United Nations 2/14/2003; Financial Times 2/14/2003; Oliver 2/14/2003; Steele 2/15/2003)
bullet Iraq produced a list of 83 people who it says participated in the destruction of large quantities of anthrax and VX precursors in 1991. (Financial Times 2/14/2003)
bullet Inspections are increasing inspectors’ knowledge of Iraqi arms. (Oliver 2/14/2003)
International Atomic Energy Agency (IAEA) report by Mohamed ElBaradei -
bullet ElBaradei’s team has found no evidence of an illegal nuclear weapons program. “We have to date found no evidence of ongoing prohibited nuclear or nuclear related activities in Iraq.” (United Nations 2/14/2003; International Atomic Energy Agency 2/14/2003; Financial Times 2/14/2003)
bullet Iraqi officials have provided IAEA inspectors with immediate access to all sites it has sought to examine. (International Atomic Energy Agency 2/14/2003; Financial Times 2/14/2003)
bullet The IAEA is still investigating why Iraq attempted to import aluminum tubes during the summer of 2002. The agency is awaiting an explanation from Iraq as to why the tubes—alleged by Iraq to have been destined for a conventional weapons artillery program—were fabricated according to such high quality specifications. (International Atomic Energy Agency 2/14/2003; Financial Times 2/14/2003)
bullet Referring to the documents that had been discovered in the home of Faleh Hassan (see January 16, 2003), Mohamed ElBaradei states: “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” (International Atomic Energy Agency 2/14/2003; Steele 2/15/2003; BBC 2/17/2003)
Reaction - After the two reports, most UN Security Council members say they believe inspections are working and that the use of military force is unnecessary. Dominique de Villepin, the French foreign minister, says: “There is an alternative to war: disarming Iraq through inspections. [War] would be so fraught with risk for the people, the region and international stability that it should be envisaged only as a last resort.… We must give priority to disarmament by peaceful means.” His comments are followed by a huge applause. “French Foreign Minister Dominique de Villepin’s impassioned speech seeking more time for inspections elicited rare applause from diplomats in the chamber,” reports the Associated Press. By contrast, the more hawkish remarks of US Secretary of State Colin Powell—who was said to have appeared “annoyed” during parts of Blix’s report—“did not receive any applause.” Powell, in his response to the report, had stated: “We cannot wait for one of these terrible weapons to turn up in our cities…. More inspections—I am sorry—are not the answer…. The threat of force must remain.” After the reports, Germany, Syria, Chile, Mexico, Russia, France and Pakistan, favor continuing the inspections while Spain and Bulgaria back the US and British position. (Powell 2/14/2003; Lederer 2/14/2003; Deen 2/15/2003; Henley et al. 2/15/2003; Fox News 2/15/2003)

Asked for concrete evidence that Hussein has links to al-Qaeda, National Security Adviser Condoleezza Rice points to the presence of operatives allegedly being hosted in Iraq. “Well, we are, of course, continually learning more about these links between Iraq and al-Qaeda, and there is evidence that Secretary [of State Colin] Powell did not have the time to talk about. But the core of the story is there in what Secretary Powell talked about. This poisons network with at least two dozen of its operatives operating in Baghdad, a man [Abu Musab al-Zarqawi] who is spreading poisons now throughout Europe and into Russia, a man who got medical care in Baghdad despite the fact that the Iraqis were asked to turn him over, training in biological and chemical weapons.” (Rice 2/16/2003; US House Committee on Government Reform 3/16/2004)

Newsweek reports: “In recent weeks a small group of CIA analysts have been meeting as part of a ‘predictive analysis project’ to divine if and when Saddam might strike the United States with a weapon of mass destruction. The theory is that Saddam might slip one of his chem-bio or radiological weapons to al-Qaeda or some other terrorist group to create a massive diversion, a crisis in the American homeland that could stall an attack on Iraq.” The CIA has no hard evidence supporting this idea, but the CIA has calculated the odds, and in a report obtained by Newsweek, these analysts predict “that under the stipulated scenario there is a 59 percent probability that an attack on the US homeland involving WMD would occur before March 31, 2003, a 35 percent probability an attack would occur at a later date, and a 6 percent probability an attack would never occur.” But Newsweek will comment that “it is important to remember that the odds are determined by averaging a bunch of guesses, informed perhaps, but from experts whose careers can only be ruined by underestimating the threat.” (Klaidman and Thomas 2/17/2003) No such attack occurs.

British Foreign Minister Robin Cook is personally given an intelligence briefing by John Scarlett, head of the British joint intelligence committee. Cook later says in his diary that Scarlett’s summary was “shorn of the political slant with which No. 10 encumbers any intelligence assessment.” After the meeting with Scarlett, Cook concludes that “Saddam probably does not have weapons of mass destruction in the sense of weapons that could be used against large-scale civilian targets.” (Cracknell 10/5/2003; MacAskill and Norton-Taylor 10/6/2003; Cook 8/2/2004)

The United States, Britain and Spain submit a draft to the UN Security Council for a second resolution declaring Iraq in “further material breach” of previous UN resolutions. The draft claims that the declaration Iraq submitted to the UN Security Council on December 7, 2002 (see December 7, 2002) contained “false statements and omissions” and that Iraq “has failed to comply with, and cooperate fully in the implementation of” UN Resolution 1441 (see November 8, 2002). Meanwhile France, Russia and Germany field an alternative plan aimed at achieving peaceful disarmament with more rigorous inspections over a period of five months. China expresses support for the alternative plan despite efforts by Secretary of State Colin Powell to convince its government to support the more aggressive proposal. (Fox News 2/24/2003; United Nations 2/24/2003) At this point, it seems that only Bulgaria will support the American-British-Spanish resolution. Eleven of the fifteen council members have indicated that they favor allowing the inspectors to continue their work. Fox News suggests that the US may be able to convince some countries—like Angola, Guinea and Cameroon—to support the resolution since “there is the possibility that supporting the resolution may reap financial benefits from the United States.” (Fox News 2/24/2003)

Neoconservative Richard Perle, the chairman of the Defense Policy Board, has a simple explanation as to why UN inspectors are not finding WMD in Iraq (see February 8, 2003): skullduggery. “UN weapons inspectors are being seriously deceived,” he declares in an essay published on the American Enterprise Institute’s Web site entitled “Take Out Saddam—It’s the Only Way.” Perle’s contentions are similar to those he has extolled in the past (see March, 2001 and November 20, 2002). This time he escalates the rhetoric even farther: “It reminds me of the way Nazis hoodwinked Red Cross officials inspecting the concentration camp at Theresienstadt in 1944.” (Perle 2/25/2003; Unger 2007, pp. 289)

Lawyers Wilson Brown and Jeff Almeida file a request with the Supreme Court, asking it to reconsider its landmark 1953 case, US v Reynolds (see March 9, 1953). The lawyers are representing several family members who lost fathers (and, in one case, a husband) in the airplane crash that led to the original case (see October 6, 1948). The lawyers note that the government’s original claim that the accident reports could not be released due to the inclusion of “military secrets” (see July 26, 1950) is false, as the accident reports have been declassified and examined for such secrets (see February 2000). “Indeed,” the lawyers write, “they are no more than accounts of a flight that, due to the Air Force’s negligence, went tragically awry. In telling the Court otherwise, the Air Force lied. In reliance upon that lie, the Court deprived the widows [the three original plaintiffs] of their judgments. It is for this Court, through issuance of a writ of error coram nobis and in exercise of its inherent power to remedy fraud, to put things right… United States v. Reynolds stands as a classic ‘fraud on the court,’ one that is most remarkable because it succeeded in tainting a decision of our nation’s highest tribunal.” (Siegel 2008, pp. 249-251) On July 26, 2002, one of the plaintiffs, Judy Palya Loether, wrote in an e-mail to Brown: ”US v Reynolds has come to be a landmark case that is used by the government when it claims that documents cannot be turned over to the courts because of national security. Yet this very case is now proven, in my mind, to be based on a lie that did injury to 3 widows and 5 little children (see February 2000)… It allowed the government an area of no checks and balances (see December 11, 1951). How many times has the government used this decision, not to protect national security, but for its own purposes?” (Siegel 2008, pp. 237-238)

CIA general counsel Scott Muller writes to Jane Harman (D-CA), a member of the House Intelligence Committee, but fails to respond fully to questions about the CIA’s use of enhanced interrogation techniques. (Central Intelligence Agency 2/28/2003 pdf file) Following a briefing earlier in the month about the legality of the techniques (see February 2003), Harman had written to Muller and CIA Director George Tenet asking whether using the techniques was good policy for the US: “I would like to know whether the most senior levels of the White House have determined that these practices are consistent with the principles and policies of the United States. Have the enhanced techniques been authorized and approved by the President?” She also urges the CIA not to destroy videotapes of detainee interrogations because they are “the best proof that the written record is accurate,” and their destruction “would reflect badly on the Agency.” (US Congress 2/10/2003 pdf file) In his reply, Muller completely fails to mention the tapes or say whether Bush has been consulted. He also says it would be inappropriate for him to comment on policy issues, merely that “it would be fair to assume that policy as well as legal matters have been addressed within the Executive Branch.” (Central Intelligence Agency 2/28/2003 pdf file)

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