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Context of 'January 11, 2002: State Department’s Chief Legal Adviser Calls Yoo’s Torture Memo ‘Seriously Flawed’'

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

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

Woodcut depicting waterboarding included in J. Damhoudere’s ‘Praxis Rerum Criminalium,’ Antwerp, 1556.Woodcut depicting waterboarding included in J. Damhoudere’s ‘Praxis Rerum Criminalium,’ Antwerp, 1556. [Source: NPR]With the advent of the “Enlightenment,” many countries ban the practice of waterboarding, with at least one calling it “morally repugnant.” Waterboarding has been around since the 14th century, known variously as “water torture,” the “water cure,” or tormenta de toca, a phrase that refers to the thin piece of cloth placed over the victim’s mouth. Officials for the Spanish Inquisition were among those who waterboarded prisoners; the Inquisition, recognizing the potentially lethal effect of the practice, required a doctor to be present when a prisoner was waterboarded. Historian Henry Charles Lea, in his book A History of the Inquisition of Spain, will describe waterboarding as follows: “The patient strangled and gasped and suffocated and, at intervals, the toca was withdrawn and he was adjured to tell the truth. The severity of the infliction was measured by the number of jars [of water] consumed, sometimes reaching to six or eight.” Waterboarding actually refers to two separate interrogation techniques: one involving water being pumped directly into the stomach, and another that features the steady streaming of water into the throat. The first, according to author Darius Rejali, “creates intense pain. It feels like your organs are on fire.” The second will be the method later preferred by US interrogators, who will use it on suspected terrorists. This method is a form of “slow motion drowning” perfected by Dutch traders in the 17th century, when they used it against their British rivals in the East Indies. In 2007, reporter Eric Weiner will write: “[W]aterboarding has changed very little in the past 500 years. It still relies on the innate fear of drowning and suffocating to coerce confessions.” [National Public Radio, 11/3/2007]

Entity Tags: Darius Rejali, Spanish Inquisition, Henry Charles Lea, Eric Weiner

Timeline Tags: Torture of US Captives

President Abraham Lincoln, responding to a Confederate attack on Fort Sumter in South Carolina, does not wait for Congress to begin its next session to make his response. Instead, Lincoln, wielding powers that the Constitution does not grant him and without a formal declaration of war, drastically enlarges the Union’s army and navy, blockades Southern ports, spends money not appropriated by Congress, and arrests Northern citizens suspected of being Confederate sympathizers. All of these steps exceed his authority under the Constitution and under federal law. Lincoln addresses Congress as soon as it reconvenes, admitting that he has exceeded his authority (see 1787 and 1793), and refusing to argue that his actions are lawful based on any “prerogative of power” inherent to the presidency. Instead, he explains that he felt he had to respond immediately to the sudden crisis, and asks Congress to retroactively authorize his emergency actions. He says, “These measures, whether strictly legal or not, were ventured upon under what appeared to be a popular demand and a public necessity, trusting then, as now, that Congress would readily ratify them.” Congress gives Lincoln the retroactive authorization he seeks. [Savage, 2007, pp. 16-17]

Entity Tags: Abraham Lincoln

Timeline Tags: Civil Liberties

Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ [Source: Black Americans in Congress]President Theodore “Teddy” Roosevelt signs the Tillman Act into law. The Act prohibits monetary contributions to national political campaigns by corporations and national banks. Roosevelt, dogged by allegations that he had accepted improper donations during his 1904 presidential campaign, has pushed for such restrictions since he took office (see August 23, 1902 and December 5, 1905). [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] Senator Benjamin Tillman (D-SC), later described by National Public Radio as a “populist and virulent racist,” sponsored the bill. [National Public Radio, 2012] In 1900, Tillman was quoted as saying about black voters: “We have done our level best. We have scratched our heads to find out how we could eliminate every last one of them. We stuffed ballot boxes. We shot them. We are not ashamed of it.” [Atlas, 2010, pp. 205] Unfortunately, the law is easily circumvented. Businesses and corporations give employees large “bonuses” with the understanding that the employee then gives the bonus to a candidate “endorsed” by the firm. Not only do the corporations find and exploit this loophole, they receive an additional tax deduction for “employee benefits.” The law will be amended to cover primary elections in 1911 (see 1911). [Campaign Finance Timeline, 1999]

Entity Tags: Benjamin Tillman, Theodore Roosevelt, Tillman Act

Timeline Tags: Civil Liberties

The German Reich Ministry of Justice issues a secret memo following a meeting of several Justice Ministry lawyers and public prosecutors with senior Gestapo officers. The participants discuss the fact that Germany has been on a war footing for years, and the leaders’ worry that the citizenry is riddled with sleeper cells of subversives. The solution: detaining and torturing subversives. It is unclear whether torture will be used to terrorize other subversives, to extract information, or produce confessions. German law enforcement officials are balky at applying “more rigorous interrogation” techniques. Though some judges seem unmoved by defendants appearing in court with obvious marks of torture upon their bodies, the law enforcement officers are bureaucrats in a system that has always respected the rule of law and the Hitler government was originally elected on a law-and-order platform. The memo is the product of the top officials in the Gestapo and Justice Ministry, and lays out detailed instructions as to when torture techniques can be applied, the specific equipment used in such interrogations, and how many times particular techniques could be used on certain categories of detainees. Perhaps most importantly, the memo promises immunity from prosecution to any German interrogator who follows the rules as laid down in the memo.
Specific Instructions - It reads in part: “At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials [that torture has taken place in court proceedings].… [I]nterrogations of this kind [torture] may be undertaken in cases where charges involve the immediate interests of the state.… chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah’s Witnesses, explosives, and sabotage.… As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo.… Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.” Gestapo Headquarters in Berlin must give permission for more “rigorous interrogation[s],” the memo continues.
Drawing Parallels to Bush Administration Torture - The memo will be the subject of a 2009 article by Shayana Kadidal, the senior managing attorney of the Guantanamo project at the Center for Constitutional Rights. Kadidal will draw parallels between the Nazi torture authorization and similar legal justifications issued by the American government after the 9/11 attacks (see March 2, 2009 and April 21, 2009). Kadidal will write: “I realize that, as a matter of principle, there is a strong bias against making Nazi analogies to any events happening in our modern world.… But here we have: (1) a system set up to allow torture on certain specific individual detainees, (2) specifying standardized equipment for the torture (apparently down to the exact length of the club to be used), along with physician participation to ensure survival of the victim for the more several applications, (3) requiring prior approval of the use of torture from the central authorities in the justice department and intelligence agency in the capital, so as to ensure that (6) the local field officers actually carrying out the abuse are immune from prosecution.” [Huffington Post, 4/21/2009]

Entity Tags: Gestapo, Shayana Kadidal, German Reich Ministry of Justice

Timeline Tags: Torture of US Captives

President Roosevelt, using what he calls his inherent power as commander in chief, creates a military commission to try eight Nazi saboteurs captured inside the US in the case of Ex parte Quirin. The eight are quickly found guilty and sentenced to death. The Supreme Court later backs Roosevelt’s authority to have them tried by a commission. The Court’s decision is unusually hasty, and several of the justices who voted in Roosevelt’s favor later express regret for their approval. Roosevelt himself is unsure of the procedure’s legality, the Court’s decision and his own powers as president notwithstanding. When more Nazi saboteurs are captured later in the war, they are tried in criminal courts. [Savage, 2007, pp. 136]

Entity Tags: US Supreme Court, Franklin Delano Roosevelt

Timeline Tags: Civil Liberties

Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal.Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal. [Source: Associated Press]Marine interrogator Major Sherwood F. Moran writes an informal memo for use by other interrogators. Moran is a legendary figure among Marines, renowned for his ability to coax information from the most reluctant or resistant Japanese captive, even during the height of battle, and often using his knowledge of, and respect for, Japanese culture to his advantage. His memo will remain relatively unknown outside the Marine Corps until the summer of 2003, when it will be included in the archives of the Marine Corps Interrogator Translator Teams Association. The memo, titled “Suggestions for Japanese Interpreters Based on Work in the Field,” is remarkable for its insistence that treating prisoners with humanity and respect works far better than “harsh” interrogation methods. Author Ulrich Straus, an expert on Japanese POWs held in US captivity during World War II, will later write that Moran “was a particularly effective interrogator because he treated each prisoner as another human rather than as the enemy.” In 2005, after the Abu Ghraib scandals become media fodder, military historian Stephen Budiansky will write: “Six months before the abuses at Abu Ghraib prison broke into public view, a small and fairly obscure private association of United States Marine Corps members posted on its Web site a document on how to get enemy POWs to talk. The document described a situation very similar to the one the United States faces in the insurgencies in Iraq and Afghanistan: a fanatical and implacable enemy, intense pressure to achieve quick results, a brutal war in which the old rules no longer seem to apply.… Moran, the report’s author, noted that despite the complexities and difficulties of dealing with an enemy from such a hostile and alien culture, some American interrogators consistently managed to extract useful information from prisoners. The successful interrogators all had one thing in common in the way they approached their subjects. They were nice to them. Moran was writing in 1943, and he was describing his own, already legendary methods of interrogating Japanese prisoners of war. More than a half century later his report remains something of a cult classic for military interrogators.” [David R. Moran, 2005]
Human-to-Human Attitude - Moran writes that the best interrogators (whom he says should consider themselves “interviewers”) become “wooers” of their captives, coaxing information rather than attempting to force confessions. Most important, Moran writes, is the interrogator’s attitude towards his prisoner. “Many people, I suppose, would on first thought think ‘attitude’ had nothing to do with it; that all one needs is a knowledge of the language, then shoot out questions, and expect and demand a reply,” he writes. “Of course that is a very unthinking and naive point of view.” Just as important, Moran writes, is a sympathy and understanding of the captive’s culture. A superior or demeaning attitude breeds nothing but antagonism and resistance.
Speaking the Language of the Captive - Almost as important, Moran notes, is the interrogator’s ability to speak directly to the captive in his own language, without the need for translators. An interrogator should speak the language fluently and idiomatically, or, when that is not possible, to at least have some command over common phrases. “After all, the first and most important victory for the interviewer to try to achieve is to get into the mind and into the heart of the person being interviewed,” he writes.
Hidden System - Fellow feelings and warm sympathy towards the captive are necessary, but not the entire package. While the captive, or an outside observer, might believe that the interrogator is merely indulging in friendly chit-chat, the interrogator must have an agenda and a plan in place at all times. “[I]n the workings of your mind you must be a model of system,” Moran says. “You must know exactly what information you want, and come back to it repeatedly. Don’t let your warm human interest, your genuine interest in the prisoner, cause you to be sidetracked by him! You should be hard-boiled but not half-baked. Deep human sympathy can go with a business-like, systematic, and ruthlessly persistent approach.”
Short-Circuiting Patriotic Defensiveness - To emphasize that your side, your nation, or your culture is superior—in essence, the “conquerors” of the captive’s military or his nation—is counterproductive, Moran writes. “To emphasize that we are enemies, to emphasize that he is in the presence of his conqueror, etc., puts him psychologically in the position of being on the defensive, and that because he is talking to a most-patient enemy and conqueror he has no right and desire to tell anything,” he writes.
Breaking Recalcitrant Prisoners - Sometimes even the best interrogators come up against recalcitrant prisoners who flatly refuse, for patriotic reasons or what Moran calls “conscientious scruples,” to give any information. In these cases, Moran writes, harsh or physical techniques of intelligence extraction are counterproductive. Instead, he writes, with his Japanese captives he is often able to shame the prisoner into cooperating. Reminding the captive that he has been treated humanely, has been treated with kindness and courtesy, implies a quid pro quo—not the threat of having this treatment withdrawn if cooperation is not forthcoming, but a matter of the captive returning the interrogator’s courtesy with information. [Moran, 7/17/1943 pdf file]

Entity Tags: US Marine Corps, Ulrich Straus, Stephen Budiansky, Sherwood F. Moran, Marine Corps Interrogator Translator Teams Association

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

In the aftermath of World War II, Japanese officer Yukio Asano is charged by a US war crimes tribunal for torturing a US civilian. Asano had used the technique of “waterboarding” on the prisoner (see 1800 and After). The civilian was strapped to a stretcher with his feet in the air and head towards the floor, and water was poured over his face, causing him to gasp for air until he agreed to talk. Asano is convicted and sentenced to 15 years of hard labor. Other Japanese officers and soldiers are also tried and convicted of war crimes that include waterboarding US prisoners. “All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators,” reporter Evan Wallach will later write. In 2006, Senator Edward Kennedy (D-MA), discussing allegations of US waterboarding of terror suspects, will say in regards to the Asano case, “We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II.” [Washington Post, 10/5/2006; National Public Radio, 11/3/2007]

Entity Tags: Yukio Asano, Evan Wallach, Edward M. (“Ted”) Kennedy

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Eugene Bullard being beaten by police officers and rioters.Eugene Bullard being beaten by police officers and rioters. [Source: Howard Fast]The second Peekskill concert, organized by left-wing activists and featuring African-American singer Paul Robeson (see September 4, 1949), takes place successfully after the first was disrupted by a large, angry mob (see August 27, 1949). But another mob has gathered, and though they are unsuccessful in stopping the concert from taking place, they are ready for the audience and participants at the concert’s end.
Rock Attacks, Roadblocks - The audience members, with many women and children in their ranks, attempt to leave, mostly by car, and are told by security guards to roll up their windows as they are driving out, as the mob is apparently throwing rocks and other missiles. (A New York Times reporter later writes of the large piles of stones piled up about every 20 feet down one road, apparently placed their ahead of time for use as missiles.) However, the long, slow procession of cars attempting to leave the venue is halted when a small group of police officers attack the cars, including the vehicle bearing Robeson. None of the cars’ occupants are injured, though many windshields are smashed and fenders beaten in. Novelist and concert organizer Howard Fast, driving his own car, turns onto a secondary road to attempt to leave the venue, but his car is assaulted by a knot of six or seven rock throwers, accompanied by two police officers who do not throw rocks. Fast believes the police officers are there to protect the assailants if any of the cars stops to launch a counterattack. Fast will later learn that all of the secondary roads have similar knots of rock-throwing people in place to inflict damage on cars; some are blocked by piles of logs and boulders. He drives through several such ambushes, but he and the people with him escape injury.
145 Reported Injuries - Others are not so lucky; many people, including women and children, are seriously injured by rocks and broken glass. One concert goer, Eugene Bullard, is spat upon by a veteran and spits back; he is thrown to the ground and badly beaten by a group of police officers. Afterwards, Fast will report, the area hospitals quickly fill up with victims of the barrages, “the blinded, the bleeding and the wounded, the cut, lacerated faces, the fractured skulls, the infants with glass in their eyes, the men and women trampled and beaten, the Negroes beaten and mutilated, all the terribly hurt who had come to listen to music.” A union trademan, Sidney Marcus, is wounded so badly by a rock to the face that he requires weeks of reconstructive surgery. Fast later learns that approximately a thousand union workers had chosen to stay behind as something of a “rear guard” to protect the last of the audience members; they were assaulted by a combination of mob members and police officers, badly beaten, and threatened with incarceration. (Twenty-five were indeed arrested and taken away.) For Fast, the night ends when he returns to the area to look for a group of stranded audience members, and is shot at. He does not find the stranded people. The final tally is 145 concert-goers injured. [Fast, 1951; White Plains Reporter Dispatch, 9/5/1982; National Public Radio, 9/5/1999]
Arrests and Lawsuits - Twelve protesters are arrested; five later plead guilty to minor offenses. No one among the concert-goers and “Robesonites” is arrested. Author Roger Williams will later write: “As the victims of the violence they were hardly subject to arrest, except that the prevailing local attitude held them guilty of provoking the attacks made upon them. As the Peekskill mayor, John N. Schneider, put it, the responsibility ‘rests solely on the Robesonites, as they insisted on coming to a community where they weren’t wanted.’” Numerous civil lawsuits will be filed on behalf of groups of victims; none will be successful.
History Professor: Peekskill Becomes an 'Endorsement of ... Persecution' - Much later, history professor James Shenton will say, “Peekskill opened up what was to become extensive public endorsement of the prosecution and persecution of so-called Communists.”
Trying to Forget - Years later, the memory of the riots still haunts the area and intimidates many residents, according to Williams’s 1976 report. Residents refuse to discuss the riots, some for fear of reprisals even decades later. Williams will recount the story of one high school teacher, Anne Plunkett, who was amazed that her children knew nothing of the riots, even though some of them were the children of participants. But when she assigns her students the riots as an optional class project, as Plunkett will recall: “The first time, librarians wouldn’t give the kids access to the back newspapers. The next time, I was called to the principal’s office and told that parents had been telephoning to complain about my ‘upsetting and exciting the children unnecessarily.’” [American Heritage, 3/1976]

Entity Tags: Roger Williams, Sidney Marcus, John N. Schneider, James Shenton, Howard Fast, Eugene Bullard, Anne Plunkett, Paul Robeson

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

1952: NSA Founded

The National Security Agency (NSA) is founded. It is the successor to the State Department’s “Black Chamber” and other military code-breaking and eavesdropping operations dating back to the earliest days of telegraph and telephone communications. It will eventually become the largest of all US intelligence agencies, with over 30,000 employees at its Fort Meade, Maryland, headquarters. It focuses on electronic surveillance, operating a large network of satellites and listening devices around the globe. More even than the CIA, the NSA is the most secretive of US intelligence organizations, [New York Times, 12/16/2005] The agency will remain little known by the general public until the release of the 1998 film Enemy of the State, which will portray the NSA as an evil “Big Brother” agency spying on Americans as a matter of course. [CNN, 3/31/2001] After it is disclosed during the 1970s that the NSA spied on political dissenters and civil rights protesters, the NSA will be restricted to operating strictly overseas, and will be prohibited from monitoring US citizens within US borders without special court orders. [New York Times, 12/16/2005]

Entity Tags: US Department of State, Central Intelligence Agency, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The US Supreme Court rules that the federal government cannot seize the nation’s steel mills. In April, President Truman, fearing a nationwide strike that could impact the US war effort in Korea, ordered the seizure of all US steel mills; the lawsuit that resulted, Youngstown Sheet & Tube Co. v. Sawyer, quickly made its way to the Supreme Court.
Rejection of 'Inherent Powers' Claim - During oral arguments, the justices grilled Acting Attorney General Philip Perlman, demanding to know what statutes he had relied on for his arguments and asserting that the president had limitations both on his emergency wartime powers and on his ability to claim that he is the “sole judge” of the existence of, and remedies for, an emergency. The justices are not convinced by the government’s arguments for the president’s “inherent powers.” They are also troubled by repeated refusals of the government to provide facts and documentary backing for its legal arguments, and its reliance instead on claims of “national security.” The attorney for the steel industry, John Davis, quoted Thomas Jefferson in his argument: “In questions of power, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.” Justice William O. Douglas noted that if the government’s claims were valid, there would be “no more need for Congress.”
Court Rejects Argument - In a 6-3 vote, the Court rules that the president has no inherent power to seize the steel mills. Writing for the majority, Justice Hugo Black states: “In the framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.… The founders of this nation entrusted the lawmaking power to the Congress alone in both good and bad times.… This is a job for the nation’s lawmakers.” In a concurring opinion, Justice Robert Jackson writes, “No penance would ever expiate the sin against free government of holding that a president can escape control of executive powers by law through assuming his military role.” In his dissent, Chief Justice Fred Vinson (see March 1952) argues that “the gravity of the emergency” overrides the Constitutional arguments accepted by the majority of the Court. “Those who suggest that this is a case involving extraordinary powers should be mindful that these are extraordinary times. A world not yet recovered from the devastation of World War II has been forced to face the threat of another and more terrifying global conflict.” [Savage, 2007, pp. 123; Siegel, 2008, pp. 163-164] In 2007, reporter and author Charlie Savage will observe that the Youngstown decision “turned out to be only a pause in the movement toward an increasingly authoritarian presidency.” [Savage, 2007, pp. 19]

Entity Tags: William O. Douglas, John Davis, Hugo Black, Charlie Savage, Fred Vinson, Harry S. Truman, Philip Perlman, US Supreme Court

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Senator Strom Thurmond (right) supervises the typing of an early draft of the document that will come to be known as the ‘Southern Manifesto.’Senator Strom Thurmond (right) supervises the typing of an early draft of the document that will come to be known as the ‘Southern Manifesto.’ [Source: Strom Thurmond Institute]A hundred and one congressmen, mostly conservative Southern Democrats, sign a document forwarded to President Eisenhower that becomes known as the “Southern Manifesto.” The document, formally entitled “The Declaration of Constitutional Principles,” is prompted by the recent Brown v. Board of Education of Topeka Supreme Court decision mandating the desegregation of American public schools, and is designed to pressure wavering Southern lawmakers into defying the Court’s decision as part of what researcher Tony Badger will later call “the massive resistance strategy so passionately advocated by the conservatives.” It is read aloud on the floor of the Senate by Walter George (D-GA), and was originally conceived by Senator Strom Thurmond (D-SC) with the assistance of his colleague Harry Byrd (D-VA), though the final version was tempered by a rewrite overseen by Senator Richard Russell (D-GA). The “Manifesto” declares that in certain instances, states are free to ignore federal laws and court decisions such as Brown v. Board. The document declares the Court decision an attempt to “substitute naked power for established law,” calls it “a clear abuse of judicial power,” and says that the states can and must defy the Court’s decision in the interest of establishing the rights of the states against the federal government. The principle of “separate but equal” treatment of white and black Americans, codified in an 1849 case and upheld by the 1896 Court decision in Plessy v. Ferguson, is, the signers state, “the established law of the land” and cannot be overturned by the current Court. It is up to the states, not the federal government, to determine if and when they will desegregate their separate school systems. Far from mandating equal treatment, the signers state, the Brown decision “destroys the amicable relations between the white and Negro races that have been created through 90 years of patient effort by the good people of both races,” and “has planted hatred and suspicion where there has been heretofore friendship and understanding.” The “judicial encroachment” of the decision must be resisted by “any lawful means,” they write. The signers conclude, “Even though we constitute a minority in the present Congress, we have full faith that a majority of the American people believe in the dual system of government which has enabled us to achieve our greatness and will in time demand that the reserved rights of the States and of the people be made secure against judicial usurpation,” and ask their supporters not to give in to the “agitators” determined to sow chaos and disorder in the name of desegregation. [US Senate, 3/12/1956; Time, 3/26/1956; Badger, 4/1997]
Disparate Group of Non-Signers - Cambridge University scholar Tony Badger will later write of the Southern lawmakers who refuse to sign the document, “The evidence from Texas, Tennessee, Florida, and North Carolina highlights the diversity of political opinion among the non-signers—from New Deal liberal to right-wing Republican ideologue—and the disparate sources for their racial moderation—national political ambitions, party loyalty, experience in the Second World War, Cold War fears, religious belief, and an urban political base.” [Badger, 4/1997]
Thurmond Calls NAACP 'Professional Racist Agitators,' Says Southern Whites Are Nation's 'Greatest Minority' - After the reading, Thurmond delivers a far less measured television address, calling the organization that brought the original lawsuit, the NAACP, a group of “professional racist agitators” and saying: “All of us have heard a great deal of talk about the persecution of minority groups. The white people of the South are the greatest minority in this nation. They deserve consideration and understanding instead of the persecution of twisted propaganda.” After his speech, one Georgia woman praises Thurmond’s “courage and wisdom,” and asks: “Wouldn’t it be possible to remove much of the Negro population from the South? I sincerely wish that this might be done, and would be glad to even contribute personally to the expense of such a plan.” [Cohodas, 1993, pp. 284-300]
Counterattack in Congress - In the following days, a succession of Northern Democrats lambast the manifesto on the Senate and House floor, and none of the signatories rise to speak in its defense. Wayne Morse (D-OR) says the document advocates nothing less than the “nullification” of the federal government, and if taken to its logical conclusion, the dissolution of the United States into 50 disparate entities. “If the gentlemen from the South really want to take such action,” he says, “let them propose a constitutional amendment that will deny to the colored people of the country equality of rights under the Constitution, and see how far they will get with the American people.” [Time, 3/26/1956; Cohodas, 1993, pp. 284-300] One Southern senator says shortly after its reading, “Now, if these Northerners won’t attack us and get mad and force us to close ranks, most of us will forget the whole thing and maybe we can pretty soon pretend it never happened.” [Time, 3/26/1956] The “Manifesto” heralds a split in the Democratic Party, between conservative, segregationist “Dixiecrat” Southerners and the moderate-to-liberal remainder of the party’s lawmakers. Thurmond will lead an exodus of the segregationists from the Democratic Party to the Republican Party shortly thereafter. [Cohodas, 1993, pp. 284-300]

Entity Tags: Richard Russell, Jr, Walter George, Tony Badger, Harry Byrd, Dwight Eisenhower, Strom Thurmond, Wayne Morse

Timeline Tags: Domestic Propaganda

Albert Biderman, an Air Force sociologist, publishes a study that notes how “brainwashing” had been achieved by depriving prisoners of sleep, exposing them to intense cold, and forcing them into excruciatingly painful “stress positions” for long periods of time. Biderman’s study is based on techniques used by Chinese Communist interrogators against US prisoners of war, which produced little real intelligence but excelled in producing false confessions (see December 2001). In 2002, Biderman’s study will become the basis of a interrogators’ training class for use against detainees at Guantanamo (see July 2002). [Vanity Fair, 12/16/2008]

Entity Tags: US Department of the Air Force, Albert Biderman

Timeline Tags: Torture of US Captives

In the case of United States v. Auto Workers, the Supreme Court reverses a lower court’s dismissal of an indictment against a labor union accused of violating federal laws prohibiting corporations and labor unions from making contributions or expenditures in federal elections (see June 23, 1947). Justice Felix Frankfurter writes the majority opinion; Chief Justice Earl Warren and Justices William O. Douglas and Hugo Black dissent. In a 5-3 decision, the Court finds the International Union United Automobile, Aircraft, and Agricultural Implement Workers of America liable for its practice of using union dues to sponsor television commercials relating to the 1954 Congressional elections. [UNITED STATES v. AUTO. WORKERS, 2011; Moneyocracy, 2/2012] Law professor Allison R. Hayward will later write that in her opinion the Court finding created “a fable of campaign finance reform… dictated by political opportunism. Politicians used reform to exploit public sentiment and reduce rivals’ access to financial resources.… [J]udges should closely examine campaign finance regulation and look for the improper use of legislation for political gain instead of simply deferring to Congress. Undue deference to the Auto Workers fable of reform could lead to punishment for the exercise of political rights. Correcting the history is thus essential to restoring proper checks on campaign finance legislation.” Hayward will argue that Frankfurter used a timeline of Congressional efforts to curb and reform campaign finance practices as an excuse to allow powerful political interests to exert restrictions on political opponents with less access to large election finance contributions. The case is used uncritically, and sometimes unfairly, to influence later campaign reform efforts, Hayward will argue. [Hayward, 6/17/2008 pdf file]

Entity Tags: US Supreme Court, Earl Warren, Allison R. Hayward, Felix Frankfurter, International Union United Automobile, Aircraft, and Agricultural Implement Workers of America, William O. Douglas, Hugo Black

Timeline Tags: Civil Liberties

Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’ [Source: Cinema Forever (.com)]The French novel Les Centurions, by Jean Larteguy, features an early version of the so-called “ticking time bomb” scenario, in which torture is used to force critical information from a prisoner. The book, set during France’s occupation of Algeria, features a hero who beats up a female Arab dissident in order to learn the location of bombs planted throughout the city of Algiers. The hero uses the information gleaned from the beating of the woman to find and defuse the bombs. The book will be made into a 1966 film, Lost Command, starring Anthony Quinn. [Cinema Forever, 2009; National Public Radio, 5/5/2009]

Entity Tags: Anthony Quinn, Jean Larteguy

Timeline Tags: Torture of US Captives

The CIA’s Technical Services Division (TSD) considers plans to undermine Fidel Castro’s charismatic appeal by sabotaging his speeches. At one point, there is discussion of spraying Castro’s broadcasting studio with a hallucinogenic chemical. The plan is taken of the shelf because the chemical is deemed unreliable. During this period, the TSD laces a box of cigars with a chemical that would produce temporary disorientation, hoping that he will smoke one of the cigars before giving a speech. In another instance, the TSD comes up with a scheme to dust Castro’s shoes with thallium salts during a trip outside of Cuba. The salts would cause his beard to fall out. The plan is abandoned when Castro cancels the trip. [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, Technical Services Division (TSD)

Timeline Tags: US-Cuba (1959-2005)

The CIA works with a high-level Cuban official, codenamed “AM/LASH,” on a plan to assassinate Fidel Castro and overthrow his government. In June 1965, the CIA ends its contact with AM/LASH and his associates, citing security concerns. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Timeline Tags: US-Cuba (1959-2005)

The CIA’s Task Force W devises two plans to assassinate Fidel Castro. The first one, involving an exploding sea shell that would be placed where Castro regularly dives, is dismissed by the CIA’s Technical Services Division (TSD) as impractical. In the second plan, James Donovan (who has been negotiating with Castro for the release of prisoners taken during the Bay of Pigs operation) would present Castro with a contaminated diving suit. TSD decides to give the plan a try. It purchases a diving suit and laces its breathing apparatus with tubercule bacillus. The suit itself is dusted with a fungus that is known to cause a chronic skin disease. But the suit never leaves the laboratory. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Entity Tags: Technical Services Division (TSD), James Donovan, Fidel Castro

Timeline Tags: US-Cuba (1959-2005)

US intelligence agencies, including the NSA, the CIA, and the FBI, run a clandestine and highly illegal surveillance operation called Project MINARET that uses “watch lists” to electronically and physically spy on “subversive” activities by civil rights and antiwar leaders such as Dr. Martin Luther King, Jr, Jane Fonda, Malcolm X, Dr. Benjamin Spock, and Joan Baez—all members of Richard Nixon’s infamous “enemies list.” [Patrick S. Poole, 8/15/2000; Pensito Review, 5/13/2006] MINARET operates in tandem with a much more extensive electronic surveillance operation, SHAMROCK, run by the NSA (see 1945-1975). Almost 6,000 foreigners and nearly 1,700 organizations and US citizens are monitored as part of MINARET. In August 1975, NSA director Lew Allen testifies before the Senate’s investigative commission on US intelligence activities, the Church Committee (see April, 1976), that the NSA has issued over 3,900 reports on the US citizens on MINARET’s watch lists, and the NSA’s Office of Security Services has maintained reports on at least 75,000 citizens between 1952 and 1975, reports that later became part of MINARET’s operations. MINARET, like SHAMROCK, will be terminated shortly after the Church Committee goes public with its information about the illegal surveillance program. [Bamford, 1983; Pensito Review, 5/13/2006]

Entity Tags: Malcolm Little, Central Intelligence Agency, Church Committee, Lew Allen, National Security Agency, Martin Luther King, Jr., Office of Security Services, Joan Baez

Timeline Tags: Civil Liberties

Three stages of an ICBM (Intercontinental Ballistic Missile) flight.Three stages of an ICBM (Intercontinental Ballistic Missile) flight. [Source: Missile Defense Agency]Defense Secretary Robert McNamara announces the US decision to deploy what he calls a “thin” anti-ballistic missile system, named “Sentinel,” designed to protect American targets against an accidental Soviet missile launch or a limited Chinese long-range ballistic missile attack. [Federation of American Scientists, 1/15/2008] The system is launched in response to a similar system deployed by the Soviet Union to protect Moscow and Leningrad. [Time, 6/5/1968] The system is based on a series of long-range radar installations and anti-missile missiles deployed in key areas throughout the US. It is designed as much to protect the Johnson administration from criticism leveled by hardline Republicans that it is “soft” on the Soviet-Chinese nuclear threat as it is to provide real protection from Soviet or Chinese missiles. The system will never be completed (see 1969-1976), though by some accounts, its limited rollout does encourage the Soviet Union to renew arms negotiations with the US. In 1968, Time magazine will observe, “The fact is that Sentinel was intended less as a truly effective defense system than as an expensive propaganda gesture for Soviet consumption.” [Time, 6/5/1968; Schwartz, 1998, pp. 286-288]

Entity Tags: Robert McNamara, Sentinel

Timeline Tags: US International Relations

The NSA launches the first of seven satellites, code-named “Canyon,” that can pick up various types of voice and data traffic from Earth orbit. Canyon will lead to a more sophisticated satellite intelligence system, code-named “Rhyolite” (later “Aquacade”—see Early 1970s). [Federation of American Scientists, 7/17/1997]

Entity Tags: Rhyolite, National Security Agency, Canyon

Timeline Tags: Civil Liberties

The Washington Post runs a front-page photo of a US soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption says the technique induced “a flooding sense of suffocation and drowning, meant to make him talk.” Because of the photo, the US Army initiates an investigation, and the soldier is court-martialed and convicted of torturing a prisoner. [National Public Radio, 11/3/2007]

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

The US, the Soviet Union, Great Britain, and 58 other countries sign the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). The NPT’s preamble refers explicitly to the goal of a comprehensive nuclear test ban, and to the “determination expressed by the parties [to the treaty] to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time.” The NPT will become effective on March 5, 1970. [Federation of American Scientists, 12/18/2007] In 2008, author J. Peter Scoblic will write that the NPT “relied heavily on appeals to national interest.” Scoblic will continue: “Given that the treaty allows five states to legally possess nuclear weapons while prohibiting the other 183 from ever developing them, why did dozens of states agree to the top-tiered, discriminatory system—a system of nuclear apartheid, as India put it (see June 20, 1996)? Because it made sense for them to do so.” The NPT gives nations a chance to opt out of nuclear arms races with their neighbors, and gives them the opportunity to share in nuclear technology for peaceful purposes. Over the years, far more nations will, under the NPT, give up their nascent nuclear programs—Taiwan, Brazil, Argentina, South Korea, others—than start them in defiance of the treaty. [Scoblic, 2008, pp. 274-276]

Entity Tags: J. Peter Scoblic

Timeline Tags: US International Relations

New York Times headline for Nixon election victory.New York Times headline for Nixon election victory. [Source: New York University]Republican presidential candidate Richard M. Nixon defeats Democratic challenger Hubert H. Humphrey in one of the closest elections in modern history. The election is too close to call for hours, until Illinois’s 26 electoral votes finally go to Nixon. The Illinois decision prevents third-party contender George C. Wallace from using his 15 electoral votes to determine the winner; the contest could well have ended up being determined in the House of Representatives. Instead, Nixon wins with 290 electoral votes, 20 more than he needs. Humphrey wins 203. Democrats retain control of both the House and Senate. [Washington Post, 11/5/1968]

Entity Tags: Hubert H. Humphrey, Richard M. Nixon

Timeline Tags: Nixon and Watergate, Elections Before 2000

After Richard Nixon wins the presidency (see November 5, 1968), he orders a review of the Sentinel anti-ballistic missile program (see September 18, 1967). It is suspended and later reintroduced in a more modest form under the moniker “Safeguard.” Nixon says the program will protect “our land-based retaliatory forces against a direct attack by the Soviet Union.” Safeguard has serious conception and design flaws, and is never completely deployed; when the 1972 Anti-Ballistic Missile Treaty is signed with the Soviet Union (see May 26, 1972), the program is scaled back and eventually terminated by Congress. Author Stephen Schwartz will later write that the Sentinel/Safeguard program is “the only time that Congress has successfully voted down a major strategic nuclear weapons program supported by the executive branch.” [Schwartz, 1998, pp. 286-288; Federation of American Scientists, 1/15/2008]

Entity Tags: Richard M. Nixon, Sentinel, Stephen Schwartz, Safeguard

Timeline Tags: US International Relations

November 17, 1969: SALT I Talks Begin

Impelled in part by anti-ballistic missiles deployed in both the US and the Soviet Union (see September 18, 1967 and 1969-1976), the two nuclear superpowers begin the first round of Strategic Arms Limitation Talks, later known as SALT I. The negotiations are designed to limit both anti-ballistic missile systems and offensive nuclear arsenals. An agreement will be signed three years later (see May 26, 1972 and May 26, 1972). [Federation of American Scientists, 1/15/2008]

Entity Tags: Sentinel, Safeguard

Timeline Tags: US International Relations

The NSA, following up on its successful pilot program of satellite-based intelligence gathering called “Canyon” (see 1968), develops a much more sophisticated satellite surveillance program called “Rhyolite.” Rhyolite, later renamed “Aquacade,” is a breakthrough in the world of signal intelligence (sigint). Most importantly, it can monitor microwave transmissions, used extensively by the Soviet Union for its most secure transmissions. Its possibilities, says one insider, are “mind-blowing.” Britain’s own security agency, GCHQ, is a full party to Rhyolite/Aquacade. Former Army sigint officer Owen Lewis recalls in 1997, “When Rhyolite came in, the take was so enormous that there was no way of handling it. Years of development and billions of dollars then went into developing systems capable of handling it.” The NSA will pass much of the information it gathers to the GCHQ for transcription and analysis. Subsequently, the NSA will deploy new and even more sophisticated surveillance systems, code-named “Chalet” and “Vortex.” In doing so, it constructs numerous listening stations on friendly foreign soil, including the Menwith Hill facility that will later become a linchpin of the satellite surveillance program known as Echelon (see February 27, 2000). The new programs will revitalize the lapsed sigint alliance between the US, Britain, Canada, Australia, and New Zealand (see July 11, 2001). [Federation of American Scientists, 7/17/1997]

Entity Tags: National Security Agency, Echelon, Rhyolite, Chalet, Government Communications Headquarters, Owen Lewis, Canyon

Timeline Tags: Civil Liberties

July 26-27, 1970: Nixon Rejects Huston Plan

After President Nixon approves of the so-called “Huston Plan” to implement a sweeping new domestic intelligence and internal security apparatus (see July 14, 1970), FBI director J. Edgar Hoover brings the plan’s author, White House aide Tom Charles Huston (see June 5, 1970), into his office and vents his disapproval. The “old ways” of unfettered wiretaps, political infiltration, and calculated break-ins and burglaries are “too dangerous,” he tells Huston. When, not if, the operations are revealed to the public, they will open up scrutiny of US law enforcement and intelligence agencies, and possibly reveal other, past illegal domestic surveillance operations that would embarrass the government. Hoover says he will not share FBI intelligence with other agencies, and will not authorize any illegal activities without President Nixon’s personal, written approval. The next day, Nixon orders all copies of the decision memo collected, and withdraws his support for the plan. [Reeves, 2001, pp. 236-237] W. Mark Felt, the deputy director of the FBI, later calls Huston “a kind of White House gauleiter over the intelligence community.” Washington Post reporter Bob Woodward will note that the definition of “gauleiter” is, according to Webster’s Dictionary, “the leader or chief officoal of a political district under Nazi control.” [Woodward, 2005, pp. 33-34]

Entity Tags: W. Mark Felt, Tom Charles Huston, J. Edgar Hoover, Federal Bureau of Investigation, Central Intelligence Agency, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

With the arrival of the first Americans at Diego Garcia, the largest atoll of the Chagos Archipelago, the island’s remaining residents are told they must leave. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Recalling the massive forced relocation, Marcel Moulinie, the manager of a coconut plantation on the island, tells CBS 60 minutes in 2003 that he was ordered to ship the people out. “Total evacuation. They wanted no indigenous people there,” Marcel Moulinie explains. “When the final time came and the ships were chartered, they weren’t allowed to take anything with them except a suitcase of their clothes. The ships were small and they could take nothing else, no furniture, nothing.” To make it clear to residents that there would be no compromise, Sir Bruce Greatbatch, governor of the Seychelles, orders the killing of the Chagossians’ pets, which are rounded up into a furnace and gassed with exhaust fumes from American military vehicles. [CBS News, 6/13/2003; CNN, 6/18/2003; ZNet, 10/22/2004] “They put the dogs in a furnace where the people worked,” Lisette Talatte, a Chagossian, will later tell investigative journalist John Pilger. “[W]hen their dogs were taken away in front of them our children screamed and cried.” [ZNet, 10/22/2004] Marie Therese Mein, another Chagossian, later says US officials threatened to bomb them if they did not leave. [Self-Determination News, 1/28/2002; ZNet, 10/22/2004] And the Washington Post interviews one man in 1975 who says he was told by an American official, “If you don’t leave you won’t be fed any longer.” [Washington Post, 9/9/1975] The Chagossians are first shipped to the nearby islands of Peros Banhos and Salomon and then 1,200 miles away to Mauritius and the Seychelles. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Before the eviction, the Chagossians were employed, grew their own fruit and vegetables, raised poultry and ducks, and fished. [Sunday Times (London), 9/21/1975; Self-Determination News, 1/28/2002; British Royal Courts of Justice, 10/9/2003; Tribune (Bahamas), 11/17/2003] On the island of Diego Garcia, there was a church, a school as well as a few stores. [Sunday Times (London), 9/21/1975] But now, after being removed from their homes and dumped into foreign lands without compensation or resettlement assistance, they are forced to live in poverty. [CBS News, 6/13/2003; CNN, 6/18/2003] The uprooted Chagossians find shelter in abandoned slums, which have no water or electricity. [Sunday Times (London), 9/21/1975; Church Times, 1/7/2005] Many commit suicide during and after the eviction campaign. [ZNet, 10/22/2004] Lisette Taleti loses two of her children. [Guardian, 5/12/2006] Describing the plight of the Chagossians at this time, the British High Court writes in 2003: “The Ilois [Chagossians] were experienced in working on coconut plantations but lacked other employment experience. They were largely illiterate and spoke only Creole. Some had relatives with whom they could stay for a while; some had savings from their wages; some received social security, but extreme poverty routinely marked their lives. Mauritius already itself experienced high unemployment and considerable poverty. Jobs, including very low paid domestic service, were hard to find. The Ilois were marked by their poverty and background for insults and discrimination. Their diet, when they could eat, was very different from what they were used to. They were unused to having to fend for themselves in finding jobs and accommodation and they had little enough with which to do either. The contrast with the simple island life which they had left behind could scarcely have been more marked.”

Entity Tags: Sir Bruce Greatbatch, Chagossians, Marcel Moulinie, Marie Therese Mein, Lisette Talatte

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

The US and the Soviet Union sign the Anti-Ballistic Missile Systems (ABM) Treaty. It will be ratified by the US Senate in August 1972, and will go into force in October 1972. Originally, the treaty agrees that each nation can have only two ABM deployment areas, located so that those areas cannot provide a nationwide ABM defense or become the basis for developing one. In essence, the ABM Treaty prevents either nation from developing a missile defense system (see March 23, 1983), and allows each country the likelihood of destroying the other with an all-out nuclear barrage. The treaty puts in place the doctrine of MAD, or Mutual Assured Destruction, which states that because both nations can obliterate the other in a nuclear exchange, neither one will trigger such a strike. In 1976, an addendum to the treaty further limits the number of ABM deployment areas from two to one; the Soviets will deploy a rudimentary ABM system around Moscow, but the US never does, and even deactivates its single ABM site near Grand Forks, North Dakota. In 2001, US President George W. Bush will unilaterally withdraw from the treaty (see December 13, 2001 and June 14, 2002). [Federation of American Scientists, 1/15/2008]

Entity Tags: Nixon administration, George W. Bush

Timeline Tags: US International Relations

Britain agrees to pay £650,000 (about $1.4 million) to the Mauritius government for costs associated with the resettlement of the Chagossians, who are being evicted from their homes in the Chagos Islands by the British (see July 27, 1971-May 26, 1973). It is paid in March 1973. No help is provided to Seychelles, which has also received displaced islanders. [Washington Post, 9/9/1975; British Royal Courts of Justice, 10/9/2003] Most of the money goes toward repaying debts the Chagossians have incurred. [Tribune (Bahamas), 11/17/2003]

Entity Tags: Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Andreas Strassmeir, a frequent Elohim City resident and arms expert.Andreas Strassmeir, a frequent Elohim City resident and arms expert. [Source: Eye on Hate (.com)]Robert Millar, a former Mennonite who left Canada for the US in the early 1950s, moves to the Ozark Mountain region of eastern Oklahoma and founds what he calls “Elohim City,” a small compound populated by his four sons and 12 other followers. Elohim City grows to become a 400-acre compound populated with 70 to 100 “Christian Identity” white supremacists and religious extremists, who believe that whites are the only true people and all others are subhuman “mud people” (see 1960s and After). Elohim is a Hebrew word for God. Elohim City, accessible only via a rocky road and a single steel bridge, soon becomes a haven for violent right-wing extremists, including Timothy McVeigh, who will call the compound two weeks before bombing a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and Andreas “Andy the German” Strassmeir, a German weapons buff with ties to neo-Nazi groups and an alleged co-conspirator of McVeigh’s (see August 1994 - March 1995). The residents receive intensive paramilitary training, often led by Strassmeir, and the compound contains a large arsenal of weapons. Elohim City becomes the headquarters of the Aryan Republican Army (see 1992 - 1995), an organization that has Strassmeir as its “chief of security.” Some of the Elohim City residents such as ARA member Dennis Mahon come to believe that Strassmeir is a government informant. Author Nicole Nichols, an expert on right-wing hate groups, will later say she believes Strassmeir is the infamous “John Doe #2” of the Oklahoma City bombing (see April 20, 1995). [Associated Press, 2/23/1997; Time, 2/24/1997; Nicole Nichols, 2003; Nicole Nichols, 2003; Nicole Nichols, 2003] A 2002 report by the Anti-Defamation League says that after the Oklahoma City bombing, Elohim City changes to become a less militant settlement, populated largely by white separatists and religious fundamentalists seeking to withdraw from the world. Before his death in 2001, Millar says: “Somebody said, ‘You’re not a racist, you’re a purist.’ I sort of liked that.” John Millar, who becomes the community leader after his father’s death, says: “[W]e consider ourselves survivalists in the sense that we want to survive the best way we can.… We have weapons, but any person within 15 miles of us has more weapons per household than we do. We don’t make a big thing about weapons. We don’t think we can keep the National Guard away with a few weapons.” An unnamed government informer tells a New York Post reporter in June 2001: “McVeigh is a hero inside Elohim City. They look upon him ‘as a martyr to their cause.’” [Anti-Defamation League, 8/9/2002]

Entity Tags: Nicole Nichols, Dennis Mahon, Aryan Republican Army, Anti-Defamation League, Andreas Strassmeir, Elohim City, John Millar, Timothy James McVeigh, Robert Millar

Timeline Tags: US Domestic Terrorism

Former CIA director Richard Helms.Former CIA director Richard Helms. [Source: Search.com]Former CIA director Richard Helms indirectly confirms the involvement of the Nixon administration in his agency’s illegal domestic surveillance operations during his testimony before the Senate Watergate investigative committee. Helms tells the committee that he was told by Nixon’s Foreign Intelligence Advisory Board that the CIA could “make a contribution” in domestic intelligence operations. “I pointed out to them very quickly that it could not, there was no way,” Helms testifies. “But this was a matter that kept coming up in the context of feelers: Isn’t there somebody else who can take on these things if the FBI isn’t doing them as well as they should, as there are no other facilities?” (FBI director J. Edgar Hoover’s opposition to the idea of spying on US citizens for Nixon’s political purposes is well documented.) CIA officials say that, despite Helms’s testimony, Helms began the domestic spying program as asked, in the beginning to investigate beliefs that the antiwar movement was permeated by foreign intelligence agents in 1969 and 1970. “It started as a foreign intelligence operation and it bureaucratically grew,” one source says in 1974. “That’s really the answer.” The CIA “simply began using the same techniques for foreigners against new targets here.” The source will say James Angleton, the CIA’s director of counterintelligence (see 1973), began recruiting double agents inside the antiwar and civil rights organizations, and sending in “ringers” to penetrate the groups and report back to the CIA. “It was like a little FBI operation.” Angleton reportedly believes that both the protest groups and the US media are riddled with Soviet intelligence agents, and acts accordingly to keep those groups and organizations under constant watch. One source will say Angleton has a “spook mentality.” Another source will say that Angleton’s counterintelligence bureau is “an independent power in the CIA. Even people in the agency aren’t allowed to deal directly with the CI [counterintelligence] people. Once you’re in it, you’re in it for life.” [New York Times, 12/22/1974 pdf file]

Entity Tags: Senate Watergate Investigative Committee, Richard Helms, J. Edgar Hoover, James Angleton, Issuetsdeah

Timeline Tags: Civil Liberties, Nixon and Watergate

In the aftermath of the Watergate scandal (see August 8, 1974), amendments to the Federal Election Campaign Act (FECA—see February 7, 1972) provide the option for full public financing for presidential general elections, matching funds for presidential primaries, and public expenditures for presidential nominating conventions. The amendments also set spending limits on presidential primaries and general elections as well as for House and Senate primaries. The amendments give some enforcement provisions to previously enacted spending limits on House and Senate general elections. They set strict spending guidelines: for presidential campaigns, each candidate is limited to $10 million for primaries, $20 million for general elections, and $2 million for nominating conventions; Senatorial candidates are limited to $100,000 or eight cents per eligible voter, whichever is higher, for primaries, and higher limits of $150,000 or 12 cents per voter for general elections; House candidates are limited to $70,000 each for primaries and general elections. Loans are treated as contributions. The amendments create an individual contribution limit of $1,000 to a candidate per election and a PAC (political action committee) contribution limit of $5,000 to a candidate per election (this provision will trigger what the Center for Responsive Politics will call a “PAC boom” in the late 1970s). The total aggregate contributions from an individual are set at $25,000 per year. Candidates face further restrictions on how much personal wealth they can contribute to their own campaign. The 1940 ban on contributions from government employees and contract workers (see 1940) is repealed, as are the 1971 limitations on media spending. Perhaps most importantly, the amendments create the Federal Election Commission (FEC) to oversee and administer campaign law. (Before, enforcement and oversight responsibilities were spread among the Clerk of the House, the Secretary of the Senate, and the Comptroller General of the United States General Accounting Office (GAO), with the Justice Department responsible for prosecuting violators (see 1967).) The FEC is led by a board of six commissioners, with Congress appointing four of those commissioners and the president appointing two more. The Secretary of the Senate and the Clerk of the House are designated nonvoting, exofficio commissioners. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file] Part of the impetus behind the law is the public outrage over the revelations of how disgraced ex-President Nixon’s re-election campaign was funded, with millions of dollars in secret, illegal corporate contributions being funneled into the Nixon campaign. [Campaign Finance Timeline, 1999; Connecticut Network, 2006 pdf file]

Entity Tags: Center for Responsive Politics, Federal Election Campaign Act of 1972, Federal Election Commission, US Department of Justice

Timeline Tags: Civil Liberties

Former Nixon White House aide Charles Colson, later described by reporter David Plotz as “Richard Nixon’s hard man, the ‘evil genius’ of an evil administration,” is sentenced to jail after pleading guilty (see March 7, 1974) to taking part in the plan to break into Daniel Ellsberg’s psychiatrist’s office (see September 9, 1971) and interfering with Ellsberg’s trial (see June 28, 1971). Colson also, according to Watergate historian Stanley Kutler, tried to hire Teamster thugs to beat up antiwar demonstrators, and plotted to either raid or firebomb the Brookings Institution (see June 8-9, 1973). Colson will serve seven months in jail (see September 3, 1974). [Slate, 3/10/2000] Colson tells the court: “I shall be cooperating with the prosecutor, but that is not to say that the prosecutor has bargained for my testimony, that there is any quid pro quo: there was not. I reached my own conclusion that I have a duty to tell everything I know about these important issues, and a major reason for my plea was to free me to do so.” Colson’s testimony against Richard Nixon is damning, as he tells the court Nixon had “on numerous occasions urged me to disseminate damaging information about Daniel Ellsberg.” Vice President Ford defends Nixon, saying, “There’s a big difference between telling Chuck Colson to smear Ellsberg and ordering—or allegedly ordering—a break-in.” Colson will later become a born-again Christian evangelist, and found an influential prison ministry. [Slate, 3/10/2000; Werth, 2006, pp. 273-274]

Entity Tags: Brookings Institution, David Plotz, Stanley Kutler, Richard M. Nixon, Daniel Ellsberg, Gerald Rudolph Ford, Jr, Charles Colson, Nixon administration

Timeline Tags: Nixon and Watergate

Cover for ‘All the President’s Men.’Cover for ‘All the President’s Men.’ [Source: Amazon (.com)]Washington Post reporters Carl Bernstein and Bob Woodward publish the book All the President’s Men, documenting their 26-month coverage of the Watergate scandal. The Post will win a Pulitzer Prize for its Watergate reporting and the book will be made into an Oscar-winning film of the same name. Between the book and the film, All the President’s Men will become the touchstone for defining the complex, multilayered Watergate conspiracy. [Washington Post, 1996]

Entity Tags: Washington Post, Carl Bernstein, Bob Woodward

Timeline Tags: Nixon and Watergate

1974 New York Times headline.1974 New York Times headline. [Source: New York Times]The Central Intelligence Agency (CIA) has repeatedly, and illegally, spied on US citizens for years, reveals investigative journalist Seymour Hersh in a landmark report for the New York Times. Such operations are direct violations of the CIA’s charter and the law, both of which prohibit the CIA from operating inside the United States. Apparently operating under orders from Nixon officials, the CIA has conducted electronic and personal surveillance on over 10,000 US citizens, as part of an operation reporting directly to then-CIA Director Richard Helms. In an internal review in 1973, Helms’s successor, James Schlesinger, also found dozens of instances of illegal CIA surveillance operations against US citizens both past and present (see 1973). Many Washington insiders wonder if the revelation of the CIA surveillance operations tie in to the June 17, 1972 break-in of Democratic headquarters at Washington’s Watergate Hotel by five burglars with CIA ties. Those speculations were given credence by Helms’s protests during the Congressional Watergate hearings that the CIA had been “duped” into taking part in the Watergate break-in by White House officials.
Program Beginnings In Dispute - One official believes that the program, a successor to the routine domestic spying operations during the 1950s and 1960s, was sparked by what he calls “Nixon’s antiwar hysteria.” Helms himself indirectly confirmed the involvement of the Nixon White House, during his August 1973 testimony before the Senate Watergate investigative committee (see August 1973).
Special Operations Carried Out Surveillance - The domestic spying was carried out, sources say, by one of the most secretive units in CI, the special operations branch, whose employees carry out wiretaps, break-ins, and burglaries as authorized by their superiors. “That’s really the deep-snow section,” says one high-level intelligence expert. The liaison between the special operations unit and Helms was Richard Ober, a longtime CI official. “Ober had unique and very confidential access to Helms,” says a former CIA official. “I always assumed he was mucking about with Americans who were abroad and then would come back, people like the Black Panthers.” After the program was revealed in 1973 by Schlesinger, Ober was abruptly transferred to the National Security Council. He wasn’t fired because, says one source, he was “too embarrassing, too hot.” Angleton denies any wrongdoing.
Supposition That Civil Rights Movement 'Riddled' With Foreign Spies - Moscow, who relayed information about violent underground protesters during the height of the antiwar movement, says that black militants in the US were trained by North Koreans, and says that both Yasser Arafat, of the Palestinian Liberation Organization, and the KGB were involved to some extent in the antiwar movement, a characterization disputed by former FBI officials as based on worthless intelligence from overseas. For Angleton to make such rash accusations is, according to one member of Congress, “even a better story than the domestic spying.” A former CIA official involved in the 1969-70 studies by the agency on foreign involvement in the antiwar movement says that Angleton believes foreign agents are indeed involved in antiwar and civil rights organizations, “but he doesn’t know what he’s talking about.”
'Cesspool' of Illegality Distressed Schlesinger - According to one of Schlesinger’s former CIA associates, Schlesinger was distressed at the operations. “He found himself in a cesspool,” says the associate. “He was having a grenade blowing up in his face every time he turned around.” Schlesinger, who stayed at the helm of the CIA for only six months before becoming secretary of defense, informed the Department of Justice (DOJ) about the Watergate break-in, as well as another operation by the so-called “plumbers,” their burglary of Daniel Ellsberg’s psychiatrist’s office after Ellsberg released the “Pentagon Papers” to the press. Schlesinger began a round of reforms of the CIA, reforms that have been continued to a lesser degree by Colby. (Some reports suggest that CIA officials shredded potentially incriminating documents after Schlesinger began his reform efforts, but this is not known for sure.) Intelligence officials confirm that the spying did take place, but, as one official says, “Anything that we did was in the context of foreign counterintelligence and it was focused at foreign intelligence and foreign intelligence problems.”
'Huston Plan' - But the official also confirms that part of the illegal surveillance was carried out as part of the so-called “Huston plan,” an operation named for former White House aide Tom Charles Huston (see July 26-27, 1970) that used electronic and physical surveillance, along with break-ins and burglaries, to counter antiwar and civil rights protests, “fomented,” as Nixon believed, by so-called black extremists. Nixon and other White House officials have long denied that the Huston plan was ever implemented. “[O]bviously,” says one government intelligence official, the CIA’s decision to create and maintain dossiers on US citizens “got a push at that time.…The problem was that it was handled in a very spooky way. If you’re an agent in Paris and you’re asked to find out whether Jane Fonda is being manipulated by foreign intelligence services, you’ve got to ask yourself who is the real target. Is it the foreign intelligence services or Jane Fonda?” Huston himself denies that the program was ever intended to operate within the United States, and implies that the CIA was operating independently of the White House. Government officials try to justify the surveillance program by citing the “gray areas” in the law that allows US intelligence agencies to encroach on what, by law, is the FBI’s bailiwick—domestic surveillance of criminal activities—when a US citizen may have been approached by foreign intelligence agents. And at least one senior CIA official says that the CIA has the right to engage in such activities because of the need to protect intelligence sources and keep secrets from being revealed.
Surveillance Program Blatant Violation of Law - But many experts on national security law say the CIA program is a violation of the 1947 law prohibiting domestic surveillance by the CIA and other intelligence agencies. Vanderbilt University professor Henry Howe Ransom, a leading expert on the CIA, says the 1947 statute is a “clear prohibition against any internal security functions under any circumstances.” Ransom says that when Congress enacted the law, it intended to avoid any possibility of police-state tactics by US intelligence agencies; Ransom quotes one Congressman as saying, “We don’t want a Gestapo.” Interestingly, during his 1973 confirmation hearings, CIA Director Colby said he believed the same thing, that the CIA has no business conducting domestic surveillance for any purpose at any time: “I really see less of a gray area [than Helms] in that regard. I believe that there is really no authority under that act that can be used.” Even high-level government officials were not aware of the CIA’s domestic spying program until very recently. “Counterintelligence!” exclaimed one Justice Department official upon learning some details of the program. “They’re not supposed to have any counterintelligence in this country. Oh my God. Oh my God.” A former FBI counterterrorism official says he was angry upon learning of the program. “[The FBI] had an agreement with them that they weren’t to do anything unless they checked with us. They double-crossed me all along.” Many feel that the program stems, in some regards, from the long-standing mistrust between the CIA and the FBI. How many unsolved burglaries and other crimes can be laid at the feet of the CIA and its domestic spying operation is unclear. In 1974, Rolling Stone magazine listed a number of unsolved burglaries that its editors felt might be connected with the CIA. And Senator Howard Baker (R-TN), the vice chairman of the Senate Watergate investigative committee, has alluded to mysterious links between the CIA and the Nixon White House. On June 23, 1972, Nixon told his aide, H.R. Haldeman, “Well, we protected Helms from a hell of a lot of things.” [New York Times, 12/22/1974 pdf file]

Entity Tags: US Department of Justice, William Colby, Seymour Hersh, Rolling Stone, Richard Ober, Tom Charles Huston, Richard M. Nixon, Daniel Ellsberg, Federal Bureau of Investigation, Richard Helms, Central Intelligence Agency, Black Panthers, Howard Baker, James Angleton, New York Times, H.R. Haldeman, KGB, James R. Schlesinger, Jane Fonda, Henry Howe Ransom

Timeline Tags: Civil Liberties, Nixon and Watergate

Vice President Nelson Rockefeller (see December 19, 1974 and After) is instrumental in keeping Senate Democrats from finding out too much about the intelligence community’s excesses. When the New York Times reveals the existence of a decades-old illegal domestic surveillance program run by the CIA (see December 21, 1974), President Ford heads off calls from Democrats to investigate the program by appointing the “Rockefeller Commission” to investigate in the Democrats’ stead. Senate Democrats, unimpressed with the idea, create the Church Committee to investigate the intelligence community (see April, 1976). Rockefeller is adept at keeping critical documents out of the hands of the Church Committee and the press. When Senator Frank Church asks for materials from the White House, he is told that the Rockefeller Commission has them; when he asks Rockefeller for the papers, he is told that he cannot have them because only the president can authorize access. One Church aide later calls Rockefeller “absolutely brilliant” in denying them access in a friendly manner. “He winked and smiled and said, ‘Gee, I want to help you but, of course I can’t—not until we’ve finished our work and the president approves it,’” the aide recalls. Senator John Tower (R-TX), the vice chairman of the committee, will later reflect, “We were very skillfully finessed.” But even Rockefeller, who has his own history of involvement with the CIA, is taken aback at the excesses of the CIA, particularly its history of assassinating foreign leaders. Rockefeller will eventually turn that information over to the Church Committee, giving that body some of the most explosive evidence as yet made public against the agency. [US Senate, 7/7/2007]

Entity Tags: John Tower, Church Committee, Nelson Rockefeller, Central Intelligence Agency, Frank Church, Gerald Rudolph Ford, Jr, ’Rockefeller Commission’

Timeline Tags: Nixon and Watergate

Former inhabitants of the Chagos Islands deliver a formal petition to the British embassy, asking Britain to see that the Mauritanian government provides them with plots of land, a house for each family, and jobs. The Chagossians, who were evicted from their homes by the British a few years before (see July 27, 1971-May 26, 1973), say that absent this help, they would prefer being allowed to return to the islands. Copies of the petition are delivered to the American embassy, Mauritian Prime Minister Seewoosagur Ramgoolam, and several opposition leaders of the Mauritian government. [Washington Post, 9/9/1975]

Entity Tags: Seewoosagur Ramgoolam, Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Bella Abzug.Bella Abzug. [Source: Spartacus Educational]Staffers from the Church Committee (see April, 1976), slated with investigating illegal surveillance operations conducted by the US intelligence community, approach the NSA for information about Operation Shamrock (see 1945-1975). The NSA ostensibly closes Shamrock down the very same day the committee staffers ask about the program. Though the Church Committee focuses on a relatively narrow review of international cables, the Pike Committee in the House (see January 29, 1976) is much more far-ranging. The Pike Committee tries and fails to subpoena AT&T, which along with Western Union collaborated with the government in allowing the NSA to monitor international communications to and from the US. The government protects AT&T by declaring it “an agent of the United States acting under contract with the Executive Branch.” A corollary House subcommittee investigation led by Bella Abzug (D-NY)—who believes that Operation Shamrock continues under a different name—leads to further pressure on Congress to pass a legislative remedy. The Ford administration’s counterattack is given considerable assistance by a young lawyer at the Justice Department named Antonin Scalia. The head of the Office of Legal Counsel, Scalia’s arguments in favor of continued warrantless surveillance and the unrestricted rights and powers of the executive branch—opposed by, among others, Scalia’s boss, Attorney General Edward Levi—do not win out this time; Ford’s successor, Jimmy Carter, ultimately signs into law the Foreign Intelligence Surveillance Act (see 1978). But Scalia’s incisive arguments win the attention of powerful Ford officials, particularly Chief of Staff Donald Rumsfeld and Rumsfeld’s assistant, Dick Cheney. [Dubose and Bernstein, 2006, pp. 36-37] Scalia will become a Supreme Court Justice in 1986 (see September 26, 1986).

Entity Tags: Foreign Intelligence Surveillance Act, Church Committee, Bella Abzug, Antonin Scalia, AT&T, Donald Rumsfeld, Ford administration, National Security Agency, Western Union, James Earl “Jimmy” Carter, Jr., Edward Levi, Office of Legal Counsel (DOJ), Pike Committee, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Civil Liberties

Investigative journalist Seymour Hersh publishes an explosive story in the New York Times, revealing that US submarines are tapping into Soviet communications cables inside the USSR’s three-mile territorial limit. Hersh notes that his inside sources gave him the information in hopes that it would modify administration policy: they believe that using submarines in this manner violates the spirit of detente and is more risky than using satellites to garner similar information. The reaction inside both the Pentagon and the White House is predictably agitated. Chief of Staff Donald Rumsfeld, traveling in Europe with President Ford, delegates his deputy Dick Cheney to formulate the administration’s response. Cheney goes farther than most administration officials would have predicted. He calls a meeting with Attorney General Edward Levi and White House counsel Philip Buchan to discuss options. Cheney’s first thought is to either engineer a burglary of Hersh’s home to find classified documents, or to obtain search warrants and have Hersh’s home legally ransacked. He also considers having a grand jury indict Hersh and the Times over their publication of classified information. “Will we get hit with violating the 1st amendment to the constitution[?]” Cheney writes in his notes of the discussion. Levi manages to rein in Cheney; since the leak and the story do not endanger the spying operations, the White House ultimately decides to let the matter drop rather than draw further attention to it. Interestingly, Cheney has other strings to his bow; he writes in his notes: “Can we take advantage of [the leak] to bolster our position on the Church committee investigation (see April, 1976)? To point out the need for limits on the scope of the investigation?” [Dubose and Bernstein, 2006, pp. 34-35]

Entity Tags: Seymour Hersh, US Department of Defense, Ford administration, Edward Levi, Donald Rumsfeld, Church Committee, Richard (“Dick”) Cheney, Philip Buchan, New York Times, Gerald Rudolph Ford, Jr

Timeline Tags: Civil Liberties

US military officials tell Congress that the US needs to develop naval support facilities on the island of Diego Garcia. The Pentagon wants to lengthen the runway at Diego Garcia from 8,000 to 12,000 feet, increase the available petroleum, oils, and lubricants storage, and dredge its harbor. It would also like to build additional barracks, a pier to facilitate cargo handling, as well as additional utility and recreational facilities. The officials argue that expanding the base at Diego Garcia is needed to safeguard US oil interests in the Persian Gulf and to counter the Soviet Union’s presence in the region, which the military claims is increasing rapidly. They attempt to allay Congress’ concerns that expanding the base would provoke competition in that region with the Soviet Union. At one point during the hearing, George Vest, Director of the Bureau of Politico-Military Affairs of the Department of State, says the island is “uninhabited,” making no reference to the fact that it had been made so by the US and British only a few years before (see July 27, 1971-May 26, 1973). When further questioned on the subject, Vest repeats that there are “no inhabitants” at all on the island. [US Congress, 6/5/1975; Los Angeles Times, 11/4/2000]

Entity Tags: US Department of Defense, George Vest, US Congress

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

The Washington Post is the first Western newspaper to report about the forced relocation of the inhabitants of the Chagos Islands. US officials had previously claimed that the island of Diego Garcia was “uninhabited,” (see June 5, 1975) and (see March 6, 1975) conveniently ignoring the fact that the island had been depopulated by Britain and the US (see July 27, 1971-May 26, 1973). [Washington Post, 9/9/1975; Washington Post, 9/11/1975]

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

A congressional subcommittee of the Committee on International Relations holds a hearing on the circumstances surrounding the establishment of the US military facility at Diego Garcia island. The hearing focuses on the forced eviction of the archipelago’s inhabitants (see July 27, 1971-May 26, 1973).
Testimony of George T. Churchill - In his statement to Congress, George T. Churchill, director of International Security Operations at the Department of State, attempts to defend the State Department and Pentagon from accusations that they misled Congress about the inhabitants of Diego Garcia. He asserts that the island’s population had consisted mainly of “contract laborers and their families whose livelihood depended on the coconut plantations and whose ties to the island were tenuous.” Their settlements, he says, “appear to have been something more than work camps but considerably less than free indigenous communities.” Churchill argues that resettlement was necessary because the islanders would not have had work once the plantations were replaced by US military facilities. When it was time to go, he claims, the residents “went willingly.” He also contends that he could find no evidence in government files that there was a “lack of concern for the inhabitants of the Chagos Islands.” He admits that his report is based entirely on US and British sources and that no attempt was made to interview the former inhabitants or request information from the Mauritius government—despite his acknowledgment that on many issues, there “simply wasn’t enough data.” Churchill argues that it was Britain’s responsibility to see to the islanders’ welfare after resettlement and denies that the US has any obligation—moral or legal—to the islanders, even though their eviction had been a condition of the US’ 1966 agreement (see December 30, 1966) with Britain to use the island. [US Congress, 11/4/1975]
Testimony of Commander Gary Sick - Pentagon official Gary Sick addresses accusations that the military has misled Congress about Diego Garcia’s population. In his testimony he cites instances where passing references were made about the islands’ population, including a 1964 Washington Post article mentioning the possibility that an “indigenous population” might exist on the island; a 1969-1979 Pentagon spending proposal which referred to the islanders as “rotating contract personnel engaged in harvesting copra”; and a 1970 congressional hearing in which it was stated that the “British [had] gone a little farther about removing the population from there now.” [US Congress, 11/4/1975]

Entity Tags: Gary G. Sick, US Congress, George T. Churchill

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

The Senate Select Committee to Study Governmental Operations releases its report, “Alleged Assassination Plots Involving Foreign Leaders,” which finds “concrete evidence of at least eight plots involving the CIA to assassinate Fidel Castro from 1960 to 1965.” [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, US Congress

Timeline Tags: US-Cuba (1959-2005)

Representative Otis Pike.Representative Otis Pike. [Source: Spartacus Educational]A House of Representatives committee, popularly known as the Pike Committee after its chairman, Otis Pike (D-NY), investigates questionable US intelligence activities. The committee operates in tandem with the Senate’s investigation of US intelligence activities, the Church Committee (see April, 1976). Pike, a decorated World War II veteran, runs a more aggressive—some say partisan—investigation than the more deliberate and politically balanced Church Committee, and receives even less cooperation from the White House than does the Church investigation. After a contentious year-long investigation marred by inflammatory accusations and charges from both sides, Pike refuses demands from the CIA to redact huge portions of the report, resulting in an accusation from CIA legal counsel Mitchell Rogovin that the report is an “unrelenting indictment couched in biased, pejorative and factually erroneous terms.” Rogovin also tells the committee’s staff director, Searle Field, “Pike will pay for this, you wait and see…. There will be a political retaliation…. We will destroy him for this.” (It is hard to know exactly what retaliation will be carried out against Pike, who will resign from Congress in 1978.)
Battle to Release Report - On January 23, 1976, the investigative committee voted along party lines to release the report unredacted, sparking a tremendous outcry among Republicans, who are joined by the White House and CIA Director William Colby in an effort to suppress the report altogether. On January 26, the committee’s ranking Republican, Robert McCory, makes a speech saying that the report, if released, would endanger national security. On January 29, the House votes 246 to 124 not to release the report until it “has been certified by the President as not containing information which would adversely affect the intelligence activities of the CIA.” A furious Pike retorts, “The House just voted not to release a document it had not read. Our committee voted to release a document it had read.” Pike threatens not to release the report at all because “a report on the CIA in which the CIA would do the final rewrite would be a lie.” The report will never be released, though large sections of it will be leaked within days to reporter Daniel Schorr of the Village Voice, and printed in that newspaper. Schorr himself will be suspended from his position with CBS News and investigated by the House Ethics Committee (Schorr will refuse to disclose his source, and the committee will eventually decide, on a 6-5 vote, not to bring contempt of Congress charges against him). [Spartacus Educational, 2/16/2006] The New York Times will follow suit and print large portions of the report as well. The committee was led by liberal Democrats such as Pike and Ron Dellums (D-CA), who said even before the committee first met, “I think this committee ought to come down hard and clear on the side of stopping any intelligence agency in this country from utilizing, corrupting, and prostituting the media, the church, and our educational system.” The entire investigation is marred by a lack of cooperation from the White House and the CIA. [Gerald K. Haines, 1/20/2003]
Final Draft Accuses White House, CIA of 'Stonewalling,' Deception - The final draft of the report says that the cooperation from both entities was “virtually nonexistent,” and accuses both of practicing “foot dragging, stonewalling, and deception” in their responses to committee requests for information. CIA archivist and historian Gerald Haines will later write that the committee was thoroughly deceived by Secretary of State Henry Kissinger, who officially cooperated with the committee but, according to Haines, actually “worked hard to undermine its investigations and to stonewall the release of documents to it.” [Spartacus Educational, 2/16/2006] The final report accuses White House officials of only releasing the information it wanted to provide and ignoring other requests entirely. One committee member says that trying to get information out of Colby and other CIA officials was like “pulling teeth.” For his part, Colby considers Pike a “jackass” and calls his staff “a ragtag, immature, and publicity-seeking group.” The committee is particularly unsuccessful in obtaining information about the CIA’s budget and expenditures, and in its final report, observes that oversight of the CIA budget is virtually nonexistent. Its report is harsh in its judgments of the CIA’s effectiveness in a number of foreign conflicts, including the 1973 Mideast war, the 1968 Tet offensive in Vietnam, the 1974 coups in Cyprus and Portugal, the 1974 testing of a nuclear device by India, and the 1968 invasion of Czechoslovakia by the Soviet Union, all of which the CIA either got wrong or failed to predict. The CIA absolutely refused to provide any real information to either committee about its involvement in, among other foreign escapades, its attempt to influence the 1972 elections in Italy, covert actions in Angola, and covert aid to Iraqi Kurds from 1972 through 1975. The committee found that covert actions “were irregularly approved, sloppily implemented, and, at times, had been forced on a reluctant CIA by the President and his national security advisers.” Indeed, the Pike Committee’s final report lays more blame on the White House than the CIA for its illegal actions, with Pike noting that “the CIA does not go galloping off conducting operations by itself…. The major things which are done are not done unilaterally by the CIA without approval from higher up the line.… We did find evidence, upon evidence, upon evidence where the CIA said: ‘No, don’t do it.’ The State Department or the White House said, ‘We’re going to do it.’ The CIA was much more professional and had a far deeper reading on the down-the-road implications of some immediately popular act than the executive branch or administration officials.… The CIA never did anything the White House didn’t want. Sometimes they didn’t want to do what they did.” [Gerald K. Haines, 1/20/2003]

Entity Tags: William Colby, Village Voice, Otis G. Pike, Robert McCory, Pike Committee, US Department of State, New York Times, Mitchell Rogovin, Ron Dellums, House Ethics Committee, Gerald Haines, Church Committee, Searle Field, Daniel Schorr, Henry A. Kissinger, Central Intelligence Agency, CBS News

Timeline Tags: Civil Liberties

The Supreme Court case Buckley v. Valeo, filed by Senator James L. Buckley (R-NY) and former Senator Eugene McCarthy (D-WI) against the Secretary of the Senate, Francis R. Valeo, challenges the constitutionality of the Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) on free-speech grounds. The suit also named the Federal Election Commission (FEC) as a defendant. A federal appeals court validated almost all of FECA, and the plaintiffs sent the case to the Supreme Court. The Court upholds the contribution limits set by FECA because those limits help to safeguard the integrity of elections. However, the court overrules the limits set on campaign expenditures, ruling: “It is clear that a primary effect of these expenditure limitations is to restrict the quantity of campaign speech by individuals, groups, and candidates. The restrictions… limit political expression at the core of our electoral process and of First Amendment freedoms.” One of the most important aspects of the Supreme Court’s ruling is that financial contributions to political campaigns can be considered expressions of free speech, thereby allowing individuals to essentially make unrestricted donations. The Court implies that expenditure limits on publicly funded candidates are allowable under the Constitution, because presidential candidates may disregard the limits by rejecting public financing (the Court will affirm this stance in a challenge brought by the Republican National Committee in 1980).
Provisions of 'Buckley' - The Court finds the following provisions constitutional:
bullet Limitations on contributions to candidates for federal office;
bullet Disclosure and record-keeping provisions; and
bullet The public financing of presidential elections.
However, the Court finds these provisions unconstitutional:
bullet Limitations on expenditures by candidates and their committees, except for presidential candidates who accept public funding;
bullet The $1,000 limitation on independent expenditures;
bullet The limitations on expenditures by candidates from their personal funds; and
bullet The method of appointing members of the FEC, holding that as the method stands, it violates the principle of separation of powers.
In May 1976, following the Court’s ruling, the FEC will reconstitute its board with six presidential appointees after Senate confirmation. [Federal Elections Commission, 3/1997; Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Casebriefs, 2012]
No Clear Authors - The opinion is labeled per curiam, a term usually reserved for brief and minor Court decisions when authorship of an opinion is less relevant. It is unclear exactly which Justices write the opinion. Most Court observers believe Justice William Brennan writes the bulk of the opinion, but Brennan’s biographers will later note that sections of the opinion are authored by Chief Justice Warren Burger and Justices Potter Stewart, Lewis Powell, and William Rehnquist. The opinion is an amalgamation of multiple authors, reflecting the several compromises made in the resolution of the decision. [New Yorker, 5/21/2012]
Criticism of 'Buckley' - Critics claim that the ruling enshrines the principle of “money equals speech.” The ruling also says that television and radio advertisements that do not expressly attack an individual candidate can be paid for with “unregulated” funds. This leads organizations to begin airing “attack ads” that masquerade as “issue ads,” ostensibly promoting or opposing a particular social or political issue and avoiding such words as “elect” or “defeat.” [National Public Radio, 2012] In 1999, law professor Burt Neuborne will write: “Buckley is like a rotten tree. Give it a good, hard push and, like a rotten tree, Buckley will keel over. The only question is in which direction.” Neuborne will write that his preference goes towards reasonable federal regulations of spending and contributions, but “any change would be welcome” in lieu of this decision, and even a completely deregulated system would be preferable to Buckley’s legal and intellectual incoherence. [New York Times, 5/3/2010] In 2011, law professor Richard Hasen will note that while the Buckley decision codifies the idea that contributions are a form of free speech, it also sets strict limitations on those contributions. Calling the decision “Solomonic,” Hasen will write that the Court “split the baby, upholding the contribution limits but striking down the independent spending limit as a violation of the First Amendment protections of free speech and association.” Hasen will reflect: “Buckley set the main parameters for judging the constitutionality of campaign finance restrictions for a generation. Contribution limits imposed only a marginal restriction on speech, because the most important thing about a contribution is the symbolic act of contributing, not the amount. Further, contribution limits could advance the government’s interest in preventing corruption or the appearance of corruption. The Court upheld Congress’ new contribution limits. It was a different story with spending limits, which the Court said were a direct restriction on speech going to the core of the First Amendment. Finding no evidence in the record then that independent spending could corrupt candidates, the Court applied a tough ‘strict scrutiny’ standard of review and struck down the limits.” [Slate, 10/25/2011] In 2012, reporter and author Jeffrey Toobin will call it “one of the Supreme Court’s most complicated, contradictory, incomprehensible (and longest) opinions.” [New Yorker, 5/21/2012]

Entity Tags: Federal Election Campaign Act of 1972, Federal Election Commission, James Buckley, Jeffrey Toobin, US Supreme Court, Eugene McCarthy, Lewis Powell, Potter Stewart, Burt Neuborne, William Rehnquist, Warren Burger, Richard L. Hasen, William Brennan

Timeline Tags: Civil Liberties

President Ford issues Executive Order 11905, which limits the power of the CIA, the NSA, and military intelligence to engage in surveillance of US citizens. Perhaps its most well-known provision is a total ban on “political assassinations” by US government personnel. [Gerald R. Ford, 2/18/1976; Roberts, 2008, pp. 38] The provision is sparked by the Church Commission’s finding (see April, 1976) that assassination is “unacceptable in our society,” and a political embarassment, especially botched attempts such as the CIA’s efforts to kill Cuba’s Fidel Castro. [Grant J. Lilly, 4/6/2006]

Entity Tags: Church Commission, Gerald Rudolph Ford, Jr, National Security Agency, Central Intelligence Agency

Timeline Tags: Civil Liberties

Senator Frank Church.Senator Frank Church. [Source: Wally McNamee / Corbis]A Senate committee tasked to investigate the activities of US intelligence organizations finds a plethora of abuses and criminal behaviors, and recommends strict legal restraints and firm Congressional oversight. The “Church Committee,” chaired by Senator Frank Church (D-ID), a former Army intelligence officer with a strong understanding of the necessity for intelligence-gathering, notes in its final report that the CIA in particular had been overly cooperative with the Nixon administration in spying on US citizens for political purposes (see December 21, 1974); US intelligence agencies had also gone beyond the law in assassination attempts on foreign government officials in, among other places, Africa, Latin America, and Vietnam. Church himself accused the CIA of providing the White House with what, in essence, is a “private army,” outside of Congressional oversight and control, and called the CIA a “rogue elephant rampaging out of control.” The committee will reveal the existence of hitherto-unsuspected operations such as HT Lingual, which had CIA agents secretly opening and reading US citizens’ international mail, and other operations which included secret, unauthorized wiretaps, dossier compilations, and even medical experiments. For himself, Church, the former intelligence officer, concluded that the CIA should conduct covert operations only “in a national emergency or in cases where intervention is clearly in tune with our traditional principles,” and restrain the CIA from intervening in the affairs of third-world nations without oversight or consequence. CIA director William Colby is somewhat of an unlikely ally to Church; although he does not fully cooperate with either the Church or Pike commissions, he feels that the CIA’s image is badly in need of rehabilitation. Indeed, Colby later writes, “I believed that Congress was within its constitutional rights to undertake a long-overdue and thoroughgoing review of the agency and the intelligence community. I did not share the view that intelligence was solely a function of the Executive Branch and must be protected from Congressional prying. Quite the contrary.” Conservatives later blame the Church Commission for “betray[ing] CIA agents and operations,” in the words of American Spectator editor R. Emmett Tyrrell, Jr, referencing the 1975 assassination of CIA station chief Richard Welch in Greece. The chief counsel of the Church Committee accuses CIA defenders and other conservatives of “danc[ing] on the grave of Richard Welch in the most cynical way.” It is documented fact that the Church Commission exposed no agents and no operations, and compromised no sources; even Colby’s successor, George H.W. Bush, later admits that Welch’s death had nothing to do with the Church Committee. (In 1980, Church will lose re-election to the Senate in part because of accusations of his committee’s responsibility for Welch’s death by his Republican opponent, Jim McClure.) [American Prospect, 11/5/2001; History Matters Archive, 3/27/2002; Assassination Archives and Research Center, 11/23/2002]
Final Report Excoriates CIA - The Committee’s final report concludes, “Domestic intelligence activity has threatened and undermined the Constitutional rights of Americans to free speech, association and privacy. It has done so primarily because the Constitutional system for checking abuse of power has not been applied.” The report is particularly critical of the CIA’s successful, and clandestine, manipulation of the US media. It observes: “The CIA currently maintains a network of several hundred foreign individuals around the world who provide intelligence for the CIA and at times attempt to influence opinion through the use of covert propaganda. These individuals provide the CIA with direct access to a large number of newspapers and periodicals, scores of press services and news agencies, radio and television stations, commercial book publishers, and other foreign media outlets.” The report identifies over 50 US journalists directly employed by the CIA, along with many others who were affiliated and paid by the CIA, and reveals the CIA’s policy to have “their” journalists and authors publish CIA-approved information, and disinformation, overseas in order to get that material disseminated in the United States. The report quotes the CIA’s Chief of the Covert Action Staff as writing, “Get books published or distributed abroad without revealing any US influence, by covertly subsidizing foreign publicans or booksellers.…Get books published for operational reasons, regardless of commercial viability.…The advantage of our direct contact with the author is that we can acquaint him in great detail with our intentions; that we can provide him with whatever material we want him to include and that we can check the manuscript at every stage…. [The agency] must make sure the actual manuscript will correspond with our operational and propagandistic intention.” The report finds that over 1,000 books were either published, subsidized, or sponsored by the CIA by the end of 1967; all of these books were published in the US either in their original form or excerpted in US magazines and newspapers. “In examining the CIA’s past and present use of the US media,” the report observes, “the Committee finds two reasons for concern. The first is the potential, inherent in covert media operations, for manipulating or incidentally misleading the American public. The second is the damage to the credibility and independence of a free press which may be caused by covert relationships with the US journalists and media organizations.”
CIA Withheld Info on Kennedy Assassination, Castro Plots, King Surveillance - The committee also finds that the CIA withheld critical information about the assassination of President John F. Kennedy from the Warren Commission, information about government assassination plots against Fidel Castro of Cuba (see, e.g., November 20, 1975, Early 1961-June 1965, March 1960-August 1960, and Early 1963); and that the FBI had conducted a counter-intelligence program (COINTELPRO) against Dr. Martin Luther King, Jr. and the Southern Christian Leadership Conference. Mafia boss Sam Giancana was slated to testify before the committee about his organization’s ties to the CIA, but before he could testify, he was murdered in his home—including having six bullet wounds in a circle around his mouth. Another committee witness, union leader Jimmy Hoffa, disappeared before he could testify. Hoffa’s body has never been found. Mafia hitman Johnny Roselli was murdered before he could testify before the committee: in September 1976, the Washington Post will print excerpts from Roselli’s last interview, with journalist Jack Anderson, before his death; Anderson will write, “When [Kennedy assassin Lee Harvey] Oswald was picked up, the underworld conspirators feared he would crack and disclose information that might lead to them. This almost certainly would have brought a massive US crackdown on the Mafia. So Jack Ruby was ordered to eliminate Oswald.” (Anderson’s contention has not been proven.) The murders of Giancana and Roselli, and the disappearance and apparent murder of Hoffa, will lead to an inconclusive investigation by the House of the assassinations of Kennedy and King. [Spartacus Educational, 12/18/2002]
Leads to FISA - The findings of the Church Committee will inspire the passage of the Foreign Intelligence Surveillance Act (FISA) (see 1978), and the standing committees on intelligence in the House and Senate. [Assassination Archives and Research Center, 11/23/2002]
Simultaneous Investigation in House - The Church Committee operates alongside another investigative body in the House of Representatives, the Pike Committee (see January 29, 1976).
Church Committee Smeared After 9/11 - After the 9/11 attacks, conservative critics will once again bash the Church Committee; former Secretary of State James Baker will say within hours of the attacks that the Church report had caused the US to “unilaterally disarm in terms of our intelligence capabilities,” a sentiment echoed by the editorial writers of the Wall Street Journal, who will observe that the opening of the Church hearings was “the moment that our nation moved from an intelligence to anti-intelligence footing.” Perhaps the harshest criticism will come from conservative novelist and military historian Tom Clancy, who will say, “The CIA was gutted by people on the political left who don’t like intelligence operations. And as a result of that, as an indirect result of that, we’ve lost 5,000 citizens last week.” [Gerald K. Haines, 1/20/2003]

Entity Tags: Washington Post, Tom Clancy, William Colby, Southern Christian Leadership Conference, R. Emmett Tyrrell, Richard M. Nixon, HT Lingual, George Herbert Walker Bush, Jack Anderson, Frank Church, Church Committee, Central Intelligence Agency, Federal Bureau of Investigation, Sam Giancana, Jack Ruby, James R. Hoffa, Pike Committee, Martin Luther King, Jr., James A. Baker, Lee Harvey Oswald, John F. Kennedy, Jim McClure, Johnny Roselli, Warren Commission

Timeline Tags: Civil Liberties

Amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) passed by Congress after the controversial Buckley ruling by the Supreme Court (see January 30, 1976) bring FECA into conformity with the Court’s decision. The amendments repeal expenditure limits except for presidential candidates who accept public funding, and revise the provisions governing the appointment of commissioners to the Federal Election Commission (FEC). The amendments also limit the scope of PAC fundraising by corporations and labor unions. The amendments limit individual contributions to national political parties to $20,000 per year, and individual contributions to a PAC to $5,000 per year. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] However, the Constitution restricts what Congress can, or is willing, to do, and the amendments are relatively insignificant. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972, US Supreme Court

Timeline Tags: Civil Liberties

A team of young, mid-level CIA and DIA analysts, informally dubbed “Team A,” debates the neoconservative/hardline group of outside “analysts” known as “Team B” (see Early 1976) over the CIA’s estimates of Soviet military threats and intentions. The debate is a disaster for the CIA’s group. Team B uses its intellectual firepower and established reputations of members such as Richard Pipes and Paul Nitze to intimidate, overwhelm, and browbeat the younger, more inexperienced CIA analysts. “People like Nitze ate us for lunch,” recalls one member of Team A. “It was like putting Walt Whitman High versus the [NFL’s] Redskins. I watched poor GS-13s and GS-14s [middle-level analysts with modest experience and little real influence] subjected to ridicule by Pipes and Nitze. They were browbeating the poor analysts.” Howard Stoertz, the national intelligence officer who helped coordinate and guide Team A, will say in hindsight, “If I had appreciated the adversarial nature [of Team B], I would have wheeled up different guns.” Team A had prepared for a relatively congenial session of comparative analysis and lively discussion; Team B had prepared for war.
Ideology Trumps Facts - Neither Stoertz nor anyone else in the CIA appreciated how thoroughly Team B would let ideology and personalities override fact and real data. While CIA analysts are aware of how political considerations can influence the agency’s findings, the foundation of everything they do is factual—every conclusion they draw is based on whatever facts they can glean, and they are leery of extrapolating too much from a factual set. Team A is wholly unprepared for B’s assault on their reliance on facts, a line of attack the CIA analysts find incomprehensible. “In other words,” author Craig Unger will write in 2007, “facts didn’t matter.” Pipes, the leader of Team B, has argued for years that attempting to accurately assess Soviet military strength is irrelevant. Pipes says that because it is irrefutable that the USSR intends to obliterate the US, the US must immediately begin preparing for an all-out nuclear showdown, regardless of the intelligence or the diplomatic efforts of both sides. Team B is part of that preparation. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Intelligence expert John Prados, who will examine the contesting reports, later says that while the CIA analysts believe in “an objective discoverable truth,” the Team B analysts engaged in an “exercise of reasoning from conclusions” that they justify, not in factual, but in “moral and ideological terms.” According to Prados’s analysis, Team B had no real interest in finding the truth. Instead, they employed what he calls an adversarial process similar to that used in courts of law, where two sides present their arguments and a supposedly impartial judge chooses one over the other. Team B’s intent was, in essence, to present the two opposing arguments to Washington policy makers and have them, in author J. Peter Scoblic’s words, “choose whichever truth they found most convenient.” [Scoblic, 2008, pp. 98]
Attacking the Intelligence Community - The first sentence of Team B’s report is a frontal assault on the US intelligence community. That community, the report says, had “substantially misperceived the motivations behind Soviet strategic programs, and thereby tended consistently to underestimate their intensity, scope, and implicit threat.” Team B writes that the intelligence community has failed to see—or deliberately refused to see—that the entire schema of detente and arms limitations negotiations are merely elements of the Soviet push for global domination.
Fighting and Winning a Nuclear War - Team B writes that the Soviets have already achieved measurable superiority in nuclear weaponry and other military benchmarks, and will use those advantages to cow and coerce the West into doing its bidding. The Soviets worship military power “to an extent inconceivable to the average Westerner,” the report asserts. The entire Soviet plan, the report goes on to say, hinges on its willingness to fight a nuclear war, and its absolute belief that it can win such a war. Within ten years, Team B states, “the Soviets may well expect to achieve a degree of military superiority which would permit a dramatically more aggressive pursuit of their hegemonial objectives.” [Scoblic, 2008, pp. 94-95]
Lack of Facts Merely Proof of Soviets' Success - One example that comes up during the debate is B’s assertion that the USSR has a top-secret nonacoustic antisubmarine system. While the CIA analysts struggle to point out that absolutely no evidence of this system exists, B members conclude that not only does the USSR have such a system, it has probably “deployed some operation nonacoustic systems and will deploy more in the next few years.” The absence of evidence merely proves how secretive the Soviets are, they argue. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Anne Cahn, who will serve in the Arms Control and Disarmament Agency in the Carter administration, later says of this assertion, “They couldn’t say that the Soviets had acoustic means of picking up American submarines, because they couldn’t find it. So they said, well maybe they have a non-acoustic means of making our submarine fleet vulnerable. But there was no evidence that they had a non-acoustic system. They’re saying, ‘we can’t find evidence that they’re doing it the way that everyone thinks they’re doing it, so they must be doing it a different way. We don’t know what that different way is, but they must be doing it.‘… [The fact that the weapon doesn’t exist] doesn’t mean that it doesn’t exist. It just means that we haven’t found it yet.” Cahn will give another example: “I mean, they looked at radars out in Krasnoyarsk and said, ‘This is a laser beam weapon,’ when in fact it was nothing of the sort.… And if you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.… I don’t believe anything in Team B was really true.” [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005]
Soviet Strike Capabilities Grossly Exaggerated - Team B also hammers home warnings about how dangerous the Soviets’ Backfire bomber is. Later—too late for Team A—the Team B contentions about the Backfire’s range and refueling capability are proven to be grossly overestimated; it is later shown that the USSR has less than half the number of Backfires that B members loudly assert exist (500 in Team B’s estimation, 235 in reality). B’s assertions of how effectively the Soviets could strike at US missile silos are similarly exaggerated, and based on flawed assessment techniques long rejected by the CIA. The only hard evidence Team B produces to back their assertions is the official Soviet training manual, which claims that their air-defense system is fully integrated and functions flawlessly. The B analysts even assert, without evidence, that the Soviets have successfully tested laser and charged particle beam (CPB) weapons. [Bulletin of Atomic Scientists, 4/1993; Quarterly Journal of Speech, 5/2006 pdf file] (The facility at Semipalatansk that is supposedly testing these laser weapons for deployment is in reality a test site for nuclear-powered rocket engines.) [Scoblic, 2008, pp. 96]
Fundamental Contradiction - One befuddling conclusion of Team B concerns the Soviets’ ability to continue building new and expensive weapons. While B acknowledges “that the Soviet Union is in severe decline,” paradoxically, its members argue that the threat from the USSR is imminent and will grow ever more so because it is a wealthy country with “a large and expanding Gross National Product.”
Allegations 'Complete Fiction' - Cahn will say of Team B’s arguments, “All of it was fantasy.… [I]f you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.” The CIA lambasts Team B’s report as “complete fiction.” CIA director George H. W. Bush says that B’s approach “lends itself to manipulation for purposes other than estimative accuracy.” His successor, Admiral Stansfield Turner, will come to the same conclusion, saying, “Team B was composed of outsiders with a right-wing ideological bent. The intention was to promote competition by polarizing the teams. It failed. The CIA teams, knowing that the outsiders on B would take extreme views, tended to do the same in self-defense. When B felt frustrated over its inability to prevail, one of its members leaked much of the secret material of the proceedings to the press” (see Late November, 1976). Former CIA deputy director Ray Cline says Team B had subverted the National Intelligence Estimate on the USSR by employing “a kangaroo court of outside critics all picked from one point of view.” Secretary of State Henry Kissinger says that B’s only purpose is to subvert detente and sabotage a new arms limitation treaty between the US and the Soviet Union. [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005; Quarterly Journal of Speech, 5/2006 pdf file; Unger, 2007, pp. 53-57]
Costs of Rearmament - In 1993, after reviewing the original Team B documents, Cahn will reflect on the effect of the B exercise: “For more than a third of a century, assertions of Soviet superiority created calls for the United States to ‘rearm.’ In the 1980s, the call was heeded so thoroughly that the United States embarked on a trillion-dollar defense buildup. As a result, the country neglected its schools, cities, roads and bridges, and health care system. From the world’s greatest creditor nation, the United States became the world’s greatest debtor—in order to pay for arms to counter the threat of a nation that was collapsing.” [Bulletin of Atomic Scientists, 4/1993] Former Senator Gary Hart (D-CO) will agree: “The Pro-B Team leak and public attack on the conclusions of the NIE represent but one element in a series of leaks and other statements which have been aimed as fostering a ‘worst case’ view for the public of the Soviet threat. In turn, this view of the Soviet threat is used to justify new weapons systems.” [Quarterly Journal of Speech, 5/2006 pdf file]

Entity Tags: Howard Stoertz, Henry A. Kissinger, Stansfield Turner, Richard Pipes, J. Peter Scoblic, Ray Cline, George Herbert Walker Bush, Craig Unger, Defense Intelligence Agency, ’Team A’, Gary Hart, Anne Cahn, ’Team B’, Carter administration, Arms Control and Disarmament Agency, Paul Nitze, Central Intelligence Agency

Timeline Tags: US International Relations, Neoconservative Influence

The Mauritius government disperses the £650,000, received by the British in 1973 (see July 27, 1971-May 26, 1973), to 595 Chagossians families. Since 1973, inflation has significantly reduced the value of the resettlement sum. [British Royal Courts of Justice, 10/9/2003]

Entity Tags: Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Interviewer David Frost has a difficult time with his subject, former President Richard Nixon, in the day’s early questioning (see April 6, 1977). Frost attempts to recoup with a line of questioning suggested by his adviser James Reston, Jr., one used in the trial of former Nixon aide John Ehrlichman (see January 1, 1975). Were there no limits to what a president can do, even if the president wants to do something plainly illegal? he asks. Could he do anything despite the law? Burglary? Forgery? Even murder? “If the president does it, that means it’s not illegal,” Nixon retorts. “Never had his imperialism been so baldly stated,” Reston will later reflect. Frost asks if the dividing line between, for example, a police burglary and the murder of an antiwar protester is only the president’s judgment? Nixon agrees, and adds: “There’s nothing specific that the Constitution contemplates in that respect. I haven’t read every word, every jot and every tittle, but I do know this: That it has been, however, argued that as far as a president is concerned, that in war time, a president does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution, which is essential for the rights we’re all talking about.” [Time, 5/30/1977; Reston, 2007, pp. 102-105; Landmark Cases, 8/28/2007]

Entity Tags: Richard M. Nixon, David Frost, James Reston, Jr, John Ehrlichman

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

The Supreme Court, in the case of First National Bank of Boston v. Bellotti, rules 5-4 that corporations have the First Amendment right to make contributions in order to influence political processes. Writing for the majority, Justice Lewis Powell finds that under the recent Buckley ruling (see January 30, 1976), corporate political donations are protected speech. Powell’s opinion finds that a Massachusetts criminal statute prohibiting corporations from spending money for the purpose of “influencing or affecting” voters’ opinions is not legitimate. The split among the justices is unusual, with Powell, a conservative, being joined by two more conservatives, Chief Justice Warren Burger and Potter Stewart, and liberals Harry Blackmun and John Paul Stevens. The four dissenters are liberals William Brennan and Thurgood Marshall, and conservatives Byron White and William Rehnquist. [FIRST NATIONAL BANK OF BOSTON v. BELLOTTI, 2012; Moneyocracy, 2/2012] Rehnquist’s standalone dissent advocates for far stricter controls on corporate spending in elections than most of the other justices’ dissents, with Rehnquist writing that such spending could “pose special dangers in the political sphere.” [Reclaim Democracy, 4/26/1978; FIRST NATIONAL BANK OF BOSTON v. BELLOTTI, 2012]

Entity Tags: Lewis Powell, Byron White, John Paul Stevens, William Rehnquist, Warren Burger, Harry Blackmun, William Brennan, US Supreme Court, Potter Stewart, Thurgood Marshall

Timeline Tags: Civil Liberties

A young Fauzi Hasbi.A young Fauzi Hasbi. [Source: SBS Dateline]Fauzi Hasbi, the son of a separatist leader in the Indonesian province of Aceh, is captured by an Indonesian military special forces unit in 1979 and soon becomes a mole for the Indonesian government. Hasbi becomes a leader in the separatist Free Aceh Movement (GAM), and he also plays a long-time role in Jemaah Islamiyah, an al-Qaeda affiliate. For many years, he literally lives next door to Jemaah Islamiyah leaders Abu Bakar Bashir and Hambali (see April 1991-Late 2000). In 2005, the Australian television program SBS Dateline will present documents that it claims “prove beyond doubt that Fauzi Hasbi had a long association with the [Indonesian] military.” For instance, military documents dating from 1990 and 1995 give him specific spying tasks. [SBS Dateline, 10/12/2005] In February 2001, the Indonesian magazine Tempo documents some of Hasbi’s links to the Indonesian military, after he has been linked to a major role the Christmas bombings in Indonesia two months earlier (see December 24-30, 2000 and February 20, 2001). He admits to having some ties to certain high-ranking military figures and says he has had a falling out with GAM, but denies being a traitor to any militant group. [Tempo, 2/20/2001; Tempo, 2/27/2001] Yet even after this partial exposure, he continues to pose as an Islamist militant for the military. A 2002 document shows that he is even assigned the job of special agent for BIN, Indonesia’s intelligence agency. [SBS Dateline, 10/12/2005] A December 2002 report by a US think tank, the International Crisis Group, details his role as a government mole. He and two of his associates are abducted and killed in mysterious circumstances in the Indonesian city of Ambon on February 22, 2003. Seven suspects, including an Indonesian policeman, later admit to the killings but their motive for doing so remains murky. [Agence France-Presse, 5/22/2003]

Entity Tags: Tentara Nasional Indonesia, Jemaah Islamiyah, Free Aceh Movement, Badan Intelijen Negara, Fauzi Hasbi

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

About 500 Iranian students take over the American Embassy in Tehran and hold 52 Americans hostage for 444 days. The Mujahedeen-e Khalq (MEK) is one of the groups that supports the take-over. [US Department of State, 4/30/2003; PBS, 1/15/2006]

Entity Tags: People’s Mujahedin of Iran

Timeline Tags: US confrontation with Iran, Iran-Contra Affair

Shortly after the seizure of the US embassy in Tehran (see November 4, 1979-January 20, 1981), President Jimmy Carter issues Executive Order 12170 freezing Iranian government assets held in the United States under the authority of the International Emergency Economic Powers Act (IEEPA). [US President, 11/14/1979] Iran has an estimated $12 billion in bank deposits, gold, and other properties, including $5.6 billion in deposits and securities held by overseas branches of US banks. [US Department of the Treasury. Office of Foreign Assets Control, 11/1979]

Entity Tags: James Earl “Jimmy” Carter, Jr.

Timeline Tags: US confrontation with Iran

Late 1979: MEK Expelled from Iran

The Mujahedeen-e Khalq (MEK) is expelled from Iran and takes refuge in Iraq. In exile, the group develops an overseas support structure and creates the National Liberation Army (NLA), which acquires tanks, armored vehicles, and heavy artillery. The group will receive support from Saddam Hussein until he is toppled by a US invasion in 2003 (see March 19, 2003). [US Department of State, 4/30/2003]

Entity Tags: People’s Mujahedin of Iran, Saddam Hussein

Timeline Tags: US confrontation with Iran

Michael Barnes.Michael Barnes. [Source: Covington and Burling]Representative Michael Barnes (D-MD) is targeted by the NSA’s Echelon satellite surveillance program on orders from Reagan administration officials. Barnes, an outspoken opponent of Reagan’s Central American policies, had phone conversations with Nicaraguan officials intercepted and recorded, including one conversation between Barnes and the foreign minister of Nicaragua. Barnes learns of the surveillance after White House officials, apparently attempting to discredit Barnes, leaks transcripts of the taped conversations to reporters. CIA director William Casey shows Barnes a Nicaraguan embassy cable reporting a meeting between embassy staff and one of Barnes’s aides; Casey demands that Barnes fire the aide. Barnes refuses, noting that the aide had visited the embassy on legitimate business concerning international affairs. Barnes will say in 1995, “I was aware that NSA monitored international calls, that it was a standard part of intelligence gathering. But to use it for domestic political purposes is absolutely outrageous and probably illegal.” Former senator Dennis DeConcini (R-AZ) says he worries about the NSA spying on US citizens: “It has always worried me. What if that is used on American citizens? It is chilling. Are they listening to my private conversations on my telephone?” [Patrick S. Poole, 8/15/2000]

Entity Tags: Michael D. Barnes, Reagan administration, William Casey, National Security Agency, Dennis DeConcini, Echelon

Timeline Tags: Civil Liberties

The federal government passes even more amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976). The new amendments simplify campaign finance reporting requirements, encourage political party activity at the state and local levels, and increase the public funding grants for presidential nominating conventions. The new amendments prohibit the Federal Election Commission (FEC) from conducting random campaign audits. They also allow state and local parties to spend unlimited amounts on federal campaign efforts, including the production and distribution of campaign materials such as signs and bumper stickers used in “get out the vote” (GOTV) efforts. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] The amendment creates what later becomes known as “soft money,” or donations and contributions that are essentially unregulated as long as they ostensibly go for “party building” expenses. The amendments allow corporations, labor unions, and wealthy individuals to contribute vast sums to political parties and influence elections. By 1988, both the Republican and Democratic Parties will spend inordinate and controversial amounts of “soft money” in election efforts. [National Public Radio, 2012] While the amendments were envisioned as strengthening campaign finance law, many feel that in hindsight, the amendments actually weaken FECA and campaign finance regulation. Specifically, the amendments reverse much of the 1974 amendments, and allow money once prohibited from being spent on campaigns to flow again. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972

Timeline Tags: Civil Liberties

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

A Peacekeeper test firing at Kwajalein Atoll in the Marshall Islands.A Peacekeeper test firing at Kwajalein Atoll in the Marshall Islands. [Source: US Army]President Ronald Reagan, reversing his campaign opposition to the MX mobile nuclear weapons platform (see June 1979), now enthusiastically supports the program, which he dubs, without apparent irony, the “Peacekeeper.” He first proposes housing them in superhardened Minuteman missile silos, which is roundly derided as ridiculous given that the entire raison d’etre of the MX is its mobile capacity. Reagan then appoints a commission, chaired by former National Security Adviser Brent Scowcroft and having former Secretary of Defense Donald Rumsfeld as one of its members, to study ways of making the program work. The commission finally recommends that 100 MX missiles be deployed in Minuteman silos in Wyoming, as well as smaller, single-warhead MX missiles, dubbed “Midgetmen,” to complement the main missile program. Speaker of the House Tip O’Neill (D-MA) opposes the program. Iconoclastic Republican John Perry Barlow, a Wyoming rancher and sometime-lyricist for the Grateful Dead, lobbies Washington lawmakers against the MX. He sees it as a huge step away from “mutually assured destruction” (MAD) and towards a first-strike policy, which would, in Barlow’s eyes, be potentially catastrophic. He finds Rep. Dick Cheney (R-WY), who strongly supports the program, a worthy adversary. “I must have lobbied more than one hundred members of Congress on this, and Dick was the only one who knew more about it than I did,” Barlow will later recall. Washington Post columnist Mary McGrory accompanies Barlow to one meeting with Cheney. After listening to the intense debate, McGrory tells Barlow, “I think your guy Cheney is the most dangerous person I’ve ever seen up here.” Barlow will recall: “I felt we were really arguing about the fate of the world.… Cheney believes the world is an inherently dangerous place, and he sees the rest of the world as… populated by four-year old kids with automatic weapons.” Congress will eventually give Reagan only fifty of the MXs, but in part to placate him, Cheney, and their allies, authorizes the start of what will become a multi-billion dollar weapons platform, the Strategic Defense Initiative (SDI), later dubbed “Star Wars.” [Dubose and Bernstein, 2006, pp. 51-53]

Entity Tags: Mary McGrory, Brent Scowcroft, Donald Rumsfeld, John Perry Barlow, Thomas Phillip ‘Tip’ O’Neill, Jr, Richard (“Dick”) Cheney, Ronald Reagan

Timeline Tags: US International Relations

Ronald and Nancy Reagan celebrate winning the presidency.Ronald and Nancy Reagan celebrate winning the presidency. [Source: Medal of Freedom (.com)]After winning a sweeping election victory against President Jimmy Carter in November 1980, Ronald Reagan is sworn in as US president. The same day that Reagan is sworn in, Iran releases the remaining 52 hostages it has held captive at the US Embassy in Tehran for 444 days (see November 4, 1979-January 20, 1981). [PBS, 2000]

Entity Tags: Ronald Reagan, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Iran-Contra Affair, Elections Before 2000

President Reagan, recuperating from surgery to remove an assassin’s bullet, tells bedside visitor Terence Cardinal Cooke that God spared his life so that he might “reduce the threat of nuclear war.”
Censored Letter to Brezhnev - The day after his conversation with Cooke, Reagan pens a letter to Soviet Premier Leonid Brezhnev calling for “disarmament” and a “world without nuclear weapons.” Brezhnev does not read Reagan’s words; Reagan’s aides, horrified at the letter, rewrite it and strip out all the phrases calling for a reduction in nuclear weapons before sending it to Brezhnev.
Aides Refuse to Draw up Plans for Disarmament - In the following weeks, Reagan will call nuclear weapons “horrible” and “inherently evil,” and order his aides to draw up plans for their elimination. His aides will refuse to deliver those plans; one adviser, Richard Burt (see Early 1981 and After), will exclaim: “He can’t have a world without nuclear weapons! Doesn’t he understand the realities?”
Wants to Stop Nuclear Armageddon - Reagan believes in the literal Biblical story of Armageddon—the End Times—and believes that it will come about through the use of nuclear weapons. Unlike some conservative Christians (and some of his advisers), he does not relish the prospect, and in fact believes it is his task to prevent it from happening.
Plans to Reduce Nuclear Arms Based on Prescience, Ignorance - Author J. Peter Scoblic will note it is difficult to reconcile the view of Reagan as an advocate of nuclear disarmament with the confrontational, sometimes apocalyptic rhetoric and actions by him and his administration (see Early 1981 and After, Early 1981 and After, September 1981 through November 1983, March 1982, and Spring 1982), but Scoblic will write: “Each of these efforts, however, can also be interpreted as a sincere, if misguided, product of Reagan’s hatred of nuclear weapons. Reagan believed that the Soviets would reduce their atomic arsenal only if they were faced with the prospect of an arms race.” Reagan realizes—ahead of many of his advisers—that the USSR was moving towards a calamitous economic crisis, and believes that the Soviets will choose to step back from further rounds of escalation in order to save their economy from complete collapse. He also believes, with some apparent conflict in logic, that the only way to reduce US nuclear arms is to increase the nation’s military arsenal. “Reagan emphasized time and again, that the aim of his arms build-up was to attain deep cuts in nuclear weapons,” biographer Paul Lettow will write. “[M]ost people did not listen to what he was actually saying.” Scoblic cites what he calls Reagan’s profound ignorance of nuclear strategy and tactical capabilities as another driving force behind Reagan’s vision of nuclear disarmament. He is not aware that submarines and long-range bombers carry nuclear missiles; he believes that submarine-based nuclear missiles can be called back once in flight. Both ideas are wrong. He tells foreign policy adviser Brent Scowcroft that he did not realize the primary threat from the Soviet Union was that its gigantic arsenal of ICBMs might obliterate the US’s own ICBM stockpile. When journalists ask him how the MX missile program (see 1981) that he has asserted will rectify the threat to American ICBMs, as he has asserted, he confesses that he does not know. And he honestly does not seem to understand that his administration’s confrontational, sometimes overtly belligerent actions (see May 1982 and After, June 8, 1982, March 23, 1983, and November 2-11, 1983) cause apprehension and even panic among the Soviet military and political leadership. Scoblic will write that like other hardline conservatives, “Reagan could not believe that anyone could perceive the United States as anything but righteous.”
'Subject to Manipulation' - Reagan’s desire for a reduction in nuclear arms is not matched by any depth of understanding of the nuclear weapons issues. Therefore, Scoblic will observe, “[h]e was susceptible to manipulation by advisers who shared his militant anti-communism but not his distaste for nuclear deterrence and who wanted neither arms reduction nor arms control.” When he names George Shultz as his secretary of state in mid-1982, he gains a key ally in his plans for nuclear reduction and a counterweight to arms-race advocates such as Defense Secretary Caspar Weinberger and other hardliners who have worked (and continue to work) to sabotage the administration’s arms negotiations with the Soviet Union. He gains another ally when he replaces National Security Adviser William Clark with the more pragmatic Robert McFarlane. Both Shultz and McFarlane will support Reagan’s desire to begin sincere negotiations with the USSR on reducing nuclear arms, as does his wife, Nancy Reagan, who wants her husband to be remembered by history as reducing, not increasing, the risk of nuclear war. [Scoblic, 2008, pp. 136-138]

Entity Tags: Robert C. McFarlane, Leonid Brezhnev, J. Peter Scoblic, George Shultz, Caspar Weinberger, Brent Scowcroft, Nancy Reagan, Richard Burt, Terence Cardinal Cooke, Ronald Reagan, William Clark, Paul Lettow

Timeline Tags: US International Relations

President Ronald Reagan issues Executive Order 12333, which directs the US intelligence community to provide foreign intelligence data to the White House. The order reads in part, “[A]gencies are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General.” It establishes rules of conduct for the intelligence agencies, and mandates a certain level of Congressional oversight. [Executive Order 12333 -- United States intelligence activities, 4/5/2007] It also establishes the basis for what are later called “National Security Letters.” These NSLs, originally envisioned for use to compile information in hunts for foreign criminals and suspected terrorists, will later be used by the administration of George W. Bush to order US booksellers, librarians, employers, Internet providers, and others to turn over records and information they compile on US citizens, with strict adjuncts against allowing those targeted for surveillance to know about the NSLs and with virtually no government oversight (see October 25, 2005). [Washington Post, 11/6/2005] It does not, as some have later asserted, directly prohibit the assassination of targeted foreign subjects—i.e. terrorist suspects and even foreign leaders—though it does restrict the use of assassination by US government operatives to certain very restricted circumstances centered around critical aspects of national security. [Parks, 11/2/1989 pdf file]

Entity Tags: Ronald Reagan, George W. Bush, National Security Letters, Bush administration (43)

Timeline Tags: Civil Liberties

The winter issue of Kivunim, a “A Journal for Judaism and Zionism,” publishes “A Strategy for Israel in the Nineteen Eighties” by Oded Yinon. The paper, published in Hebrew, rejects the idea that Israel should carry through with the Camp David accords and seek peace. Instead, Yinon suggests that the Arab States should be destroyed from within by exploiting their internal religious and ethnic tensions: “Lebanon’s total dissolution into five provinces serves as a precedent for the entire Arab world including Egypt, Syria, Iraq, and the Arabian peninsula and is already following that track. The dissolution of Syria and Iraq later on into ethnically or religiously unique areas such as in Lebanon, is Israel’s primary target on the Eastern front in the long run, while the dissolution of the military power of those states serves as the primary short term target. Syria will fall apart, in accordance with its ethnic and religious structure, into several states such as in present day Lebanon.” [Kivunim, 2/1982]

Entity Tags: Oded Yinon

Timeline Tags: Alleged Use of False Flag Attacks

The Reagan administration asks Congress for $4.3 billion for what the 1980 GOP campaign platform called a “civil defense which would protect the American people against nuclear war at least as well as the Soviet population is protected.” The funding request is for a program, based on the platform plank, that the administration says will protect 80 percent of Americans in case of a massive Soviet nuclear strike. President Reagan’s chief of the Federal Emergency Management Agency (FEMA), Louis Giuffrida, says of nuclear war, “It would be a terrible mess, but it wouldn’t be unmanageable.” FEMA’s head of civil defense, William Chipman, says that most civilians would not only survive a nuclear onslaught, but would rebuild society in short order: “As I say, the ants eventually build another anthill.” [Scoblic, 2008, pp. 130]

Entity Tags: Louis Giuffrida, Federal Emergency Management Agency, William Chipman, Reagan administration, Ronald Reagan

Timeline Tags: US International Relations

The Dartmouth Review, a conservative weekly student newspaper funded by off-campus right-wing sources (see 1980), runs an article opposing affirmative action that many feel is blatantly racist. The article is titled “Dis Sho’ Ain’t No Jive, Bro,” written by former Review chairman Keeney Jones. The article is the third in a series of attacks on affirmative action by Jones; the earlier articles featured Jones wishing he could medically darken his skin so he could get into medical school, and his claim that he was taking speech lessons to learn how to speak “black.” This article is written entirely in Jones’s version of “black dialect,” and features the following selection: “Dese boys be sayin’ dat we be comin’ to Dartmut’and not takin’ the classics. You know, Homa, Shakesphere; but I hes’ dey all be co’d in da gound, six feet unda, and whatcha be askin’ us to learn from dem? We culturally ‘lightened, too. We be takin’ hard courses in many subjects, like Afro-Am studies, women’s studies, and policy studies. And who be mouthin’ ‘bout us not bein’ good road? I be practicly knowin’ ‘Roots’ cova to cova, ‘til my mine be boogying to da words! And I be watchin’ the Jeffersons on TV ‘til I be blue in da face.” Upon receiving the article, Review board member Jack Kemp (R-NY), a Republican congressman, resigns from the board, saying Kenney’s article “relied on racial stereotypes” and undoubtedly offended many readers. “I am even more concerned that others found in it some support for racist viewpoints,” Kemp continues, and concludes: “I do not want my name to appear in your paper. I am concerned that the association of my name with the Dartmouth Review is interpreted as an endorsement and I emphatically do not endorse the kind of antics displayed in your article.” The Review appears unmoved by Kemp’s resignation, with editors saying they hope to replace him with televangelist Jerry Falwell. Editor Dinesh D’Souza says the paper bears no responsibility for any allegations of racism, and tells a New Hampshire reporter, “It is not the Dartmouth Review but the Afro-American Society which is the primary cause of racial tension on campus.” The undergraduate council and the faculty later votes to condemn the Review for creating a racially divisive atmosphere; Dartmouth’s president will write a letter saying the Review performs “offensive practices,” but that the issue cannot be solved by “violence or intolerance.” [Dartmouth Free Press, 9/20/2006]

Entity Tags: Dartmouth Review, Dartmouth Afro-American Society, Dartmouth College, Jack Kemp, Jerry Falwell, Keeney Jones, Dinesh D’Souza

Timeline Tags: Domestic Propaganda

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

Timeline Tags: Civil Liberties

The first of three so-called “Boland amendments” becomes law. Named for Representative Edward Boland (D-MA), the chairman of the House Intelligence Committee, the amendment is part of a larger appropriations bill. The amendment restricts US humanitarian aid to the Contras, and prohibits the use of US funds “for the purpose of overthrowing the government of Nicaragua.” The Reagan administration gets around the amendment by saying that its actions in support of the Contras are merely designed to force the Sandinistas to come to a peace agreement with the Contras, not to bring down the Nicaraguan government. [House Intelligence Committee, 2005; Savage, 2007, pp. 53]

Entity Tags: Edward Boland, House Intelligence Committee, Reagan administration, Contras

Timeline Tags: Iran-Contra Affair

CSA members outside their Arkansas compound. Some CSA members also belong to the Elohim City community.CSA members outside their Arkansas compound. Some CSA members also belong to the Elohim City community. [Source: GifS (.com)]Three white supremacists living in the Elohim City, Oklahoma, compound (see 1973 and After) visit Oklahoma City and make plans to blow up the Murrah Federal Building there. The three are: James Ellison, the leader of the Covenant, Sword, and Arm of the Lord (CSA) who will be arrested in 1985 after a four-day standoff with federal authorities; Kerry Noble; and Richard Wayne Snell, who will be executed for murdering a black police officer and a businessman he erroneously believed to be Jewish (see 9:00 p.m. April 19, 1995). All three men have close ties to the neo-Nazi Aryan Nations (see Early 1970s). The evidence of their plan is released during the investigation of the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and is collated by former US prosecutor Steven N. Snyder, who once worked out of the Fort Smith, Arkansas District Attorney’s office. The plan involves parking a van or trailer in front of the building and exploding it with rockets detonated by a timer. Snyder will come across the information on the bombing plot while preparing for the trial of a sedition case against a 14-man group of white supremacists, 10 of whom are charged with planning to overthrow the government. (All 14 will be acquitted in a 1988 trial—see Late 1987 - April 8, 1998.) Snyder will get the information from Ellison, who provides information to him as part of his role as chief witness for the prosecution. The other defendants in the trial, many of whom are believed to have had some connection to the bombing plot, will be Richard Butler, the head of Aryan Nations; Robert E. Miles, a former Klansman who heads the Mountain Church of Jesus Christ the Saviour in Cohoctah, Michigan; and Louis R. Beam Jr., a former grand dragon of the Texas Ku Klux Klan and “ambassador at large” of the Aryan Nations. Ellison will tell Snyder that in July 1983, he attends a meeting of extremist groups in Hayden Lake, Idaho, the location of the Aryan Nations headquarters, where he informs them of the death of fellow white supremacist Gordon Kahl in a gun battle with law enforcement agents in Arkansas (see March 13 - June 3, 1983). Snyder’s notes of Ellison’s statement read, “Kahl was the catalyst that made everyone come forth and change the organizations from thinkers to doers.” According to Ellison, the leaders of the various supremacist groups discuss how to overthrow the federal government, using as a sourcebook the novel The Turner Diaries (see 1978), which tells of a successful move by white supremacists to overthrow the government and then commit genocide against Jews and blacks. Ellison will tell Snyder that he volunteers to assassinate federal officials in Arkansas as part of the plot. The leaders discuss blowing up the Murrah Building in Oklahoma City, other federal buildings, and the Dallas office of a Jewish organization. According to Ellison’s trial testimony, in October 1983 Snell and another participant, Steve Scott, “asked me to design a rocket launcher that could be used to destroy these buildings from a distance.” Of Snell, Ellison will testify: “On one of the trips when I was with Wayne, he took me to some of the buildings and asked me to go in the building and check the building out. This kind of thing.” Ellison will tell Snyder that at Snell’s request, he surveills the Murrah Building to assess what it would take to damage and destroy it. He makes preliminary sketches and drawings. According to the preliminary plans, rocket launchers are to be “placed in a trailer or a van so that it could be driven up to a given spot, parked there, and a timed detonating device could be triggered so that the driver could walk away and leave the vehicle set in position, and he would have time to clear the area before any of the rockets launched.… And I was asked to make it so it would fit in either a trailer or a van or a panel truck.” Synder will later say that Snell is embittered towards the government because of the IRS, which took him to court and seized property from him for failure to pay taxes. But, Snyder will add, “you can’t be sure about any of this, because a federal raid, to a lot of these people, is any time the postman brings the mail.” Ellison will be taken into custody after a four-day standoff with state and federal authorities in 1985, only convinced to surrender after white supremacist Robert Millar talks him into giving up (see 1973 and After). Ellison will be convicted of racketeering charges and sentenced to 20 years in prison. He will enter the federal witness protection program until completing his parole and leaving the program on April 21, 1995, two days after the Oklahoma City bombing. [New York Times, 5/20/1995; Anti-Defamation League, 8/9/2002; Nicole Nichols, 2003]

Entity Tags: Louis R. Beam, Jr, James Ellison, Gordon Kahl, Elohim City, Covenant, Sword, and Arm of the Lord, Aryan Nations, Kerry Noble, Murrah Federal Building, Richard Girnt Butler, Robert Millar, Steve Scott, Steven N. Snyder, Richard Wayne Snell, Robert E. Miles

Timeline Tags: US Domestic Terrorism

National Security Decision Directive 75 is signed into law by President Reagan. It further embeds the idea that a “protracted nuclear war” can be won (see March 1982), saying in part that Soviet calculations about war must always see “outcomes so unfavorable to the USSR that there would be no incentive for Soviet leaders to initiate an attack.” [Air Force Magazine, 3/2008] NSDD 75 stipulates that the US must “contain and over time reverse Soviet expansionism” and “promote, within the narrow limits available to us, the process of change in the Soviet Union toward a more pluralistic political and economic system.” Conservatives and hardliners will later interpret Reagan’s words as indicating the US would actively engage in “rollback” of the USSR’s control over other nations. [Scoblic, 2008, pp. 145-146]

Entity Tags: Ronald Reagan

Timeline Tags: US International Relations

Gordon Kahl, an anti-tax protester, Posse Comitatus member (see 1967 - 1973 and 1975 - 1981), and federal fugitive who killed two US Marshals in a February shootout in North Dakota (see February 13, 1983 and After), arrives at a farm in Mountain Home, Arkansas. The farm owner, Arthur Russell, is a member of another white supremacist organization, the Covenant, Sword, and Arm of the Lord (CSA), and willingly hides Kahl, who is facing a second warrant for his arrest issued March 11. Kahl spends two months hiding at Russell’s farmhouse, studying the Bible, watching television, and spending time with Russell’s daughter Karen. While Kahl is in hiding, his family and colleagues in the Posse who were involved in the shootout are tried in May 1983; his son Yorie Kahl and colleague Scott Faul are convicted of second-degree murder and six other related charges; David Broer is convicted of conspiracy and of harboring a fugitive; and his wife Joan Kahl is acquitted of conspiracy and harboring a fugitive.
FBI Learns of Kahl's Whereabouts - In late May, after the convictions, Kahl leaves the Russell farm with his CSA friend Leonard Ginter and Ginter’s wife Norma. Ginter, an unemployed carpenter, belongs to a small anti-government group called Americans for Constitutional Enforcement, but is not too ideologically rigid not to accept food stamps for himself and his wife. Kahl and the Ginters drive to Smithville, Arkansas, a tiny Ozark town where the Ginters have a concrete house with a vegetable patch and a chicken pen. After Kahl leaves, Karen Russell calls the FBI and informs them of his whereabouts.
Final Confrontation - On June 3, FBI agent James Blasingame organizes a group of US Marshals and local lawmen at the Lawrence County courthouse to plan how best to apprehend Kahl and the Ginters. Twenty-eight law enforcement officials, including 15 US Marshals, six FBI agents, three state police officers, and four county lawmen descend on the Ginter home. While en route, they encounter Ginter, driving away from the house in a car with a rifle in the backseat; he has a cocked and loaded pistol in his lap. Ginter is apprehended without incident, but lies to the police, saying Kahl is not at the house. Unfortunately, the officials believe his story. At the officials’ request, Ginter drives back to the house, with five officials behind. Ginter parks his car, as do the officials; Ginter gets out and shouts: “Norma, come out. The FBI wants to talk to you.” He emphasizes the word “FBI” as loudly as possible, alerting Kahl to their presence. Norma Ginter comes out and is escorted away. Lawrence County Sheriff Gene Matthews, departing from the plan, enters the house through a utility room off the garage, with US Marshal James Hall and Arkansas State Police investigator Ed Fitzpatrick following him. Kahl is waiting in the kitchen, armed with a formidable Ruger Mini-14 assault rifle. When Matthews enters the kitchen, the two men see each other and open fire simultaneously; Kahl wounds Matthews fatally with two shots to the chest and Matthews kills Kahl with a bullet to the head. Hall and Fitzpatrick, unsure of what has happened, begin firing wildly, striking Matthews with buckshot. Matthews manages to get to a police cruiser before collapsing, and gasps, “I got him.” But the other officials are unsure if Kahl is actually dead, and if others may be in the house as well. They open fire on the house and let loose a barrage of tear gas. They then set the house afire with a can of diesel fuel; the fire ignites several thousand rounds of ammunition stored inside the house and the house is all but gutted by the conflagration. Eventually, officials are able to enter the house and find what remains of Kahl’s body in the kitchen. Posse Comitatus leader William Potter Gale, asked by a reporter about Kahl’s death, says that Kahl was murdered for helping farmers and belonging to the group. Another Posse member, Richard Wayne Snell, will later claim that Matthews had been killed by FBI agents after interrupting them during their torture of Kahl. [Southern Poverty Law Center, 12/2001; Levitas, 2002, pp. 217-220; Anti-Defamation League, 2011]
Episode Destabilizes Posse Comitatus - The Kahl episode receives national attention and helps destabilize the Posse Comitatus (see 1984). The media quickly learns of Kahl’s racist and anti-Semitic past, and reprints a letter he wrote the same night he killed the marshals and later sent to reporters. In his letter, Kahl announced that it was time to begin killing Jews: “We are engaged in a struggle to the death between the people of the Kingdom of God, and the Kingdom of Satan. We are a conquered and occupied nation; conquered and occupied by the Jews, and their hundreds or maybe thousands of front organizations doing their un-Godly work. They have two objectives in their goal of ruling the world. Destroy Christianity and the White race. Neither can be accomplished by itself, they stand or fall together.” In an attempt to exonerate his son and Faul, Kahl took credit for all the fatal shots. Kahl’s espousal of violence and anti-Semitism causes a backlash when some Posse Comitatus members attempt to portray him as a martyr. [Southern Poverty Law Center, 12/2001; Levitas, 2002, pp. 217-220]

Entity Tags: Ed Fitzpatrick, Scott Faul, William Potter Gale, David Broer, Arthur Russell, Americans for Constitutional Enforcement, Richard Wayne Snell, Posse Comitatus, Yorie Kahl, Leonard Ginter, James Blasingame, Gordon Kahl, Gene Matthews, Covenant, Sword, and Arm of the Lord, Norma Ginter, James Hall, Karen Russell, Joan Kahl

Timeline Tags: US Domestic Terrorism

Strategic Defense Initiative logo.Strategic Defense Initiative logo. [Source: United States Missile Defense Agency]President Reagan announces his proposal for the Strategic Defense Initiative (SDI, later nicknamed “Star Wars”), originally conceived two years earlier (see 1981). SDI is envisioned as a wide-ranging missile defense system that, if it works, will protect the United States from nuclear attacks from the Soviet Union or other countries with ballistic missiles, essentially rendering nuclear weapons, in Reagan’s words, “impotent and obsolete.” Reagan says, “I call upon the scientific community in our country, those who gave us nuclear weapons, to turn their great talents now to the cause of mankind and world peace, to give us the means of rendering these nuclear weapons impotent and obsolete.” Soviet leader Yuri Andropov’s response is unprececented in its anger (see March 27, 1983); Soviet Ambassador Anatoly Dobrinyn says SDI will “open a new phase in the arms race.” [PBS, 2000; Scoblic, 2008, pp. 129]
US Hardliners 'Ecstatic' - Hardliners in and out of the Reagan administration are, in author J. Peter Scoblic’s characterization, “ecstatic, seeing SDI as the ultimate refutation of [the principle of] mutual assured destruction and therefore of the status quo, which left [the US] unable to seek victory over the Soviet Union.” The day after the speech, Senator Barry Goldwater (R-AZ) sends Reagan a one-sentence letter: “That was the best statement I have heard from any president.”
'Less Suicidal' Adjunct to First Strike - Scoblic will write that if SDI is implemented as envisioned, “[a]lthough the Soviets would still be able to inflict enough damage that a first strike by the United States would be suicidal, it would be ‘less suicidal’ to the extent that such a concept made sense, which some Reagan officials believed it did. In short, SDI was a better adjunct to a first strike than it was a standalone defense. That made it critically destabilizing, which is why missile defense had been outlawed by [earlier treaties] in the first place.” [Scoblic, 2008, pp. 129-130]

Entity Tags: Strategic Defense Initiative, J. Peter Scoblic, Ronald Reagan, Anatoly Dobrinyn, Barry Goldwater, Yuri Andropov

Timeline Tags: US International Relations

In an unusual display of rhetorical anger, the Soviet Union’s General Secretary, Yuri Andropov, responds to the US’s announcement of its development of an anti-ballistic missile defense (SDI, or “Star Wars”—see March 23, 1983) by accusing President Reagan of “inventing new plans on how to unleash a nuclear war in the best way, with the hope of winning it.” CIA analyst Benjamin Fischer will later call Andropov’s statement “unprecedented.” Ignoring the counsel of his own advisers to remain calm, Andropov, with unusually heated rhetoric, denounces the US program as a “bid to disarm the Soviet Union in the face of the US nuclear threat.” Such space-based defense, he says, “would open the floodgates of a runaway race of all types of strategic arms, both offensive and defensive. Such is the real significance, the seamy side, so to say, of Washington’s ‘defensive conception.‘… The Soviet Union will never be caught defenseless by any threat.… Engaging in this is not just irresponsible, it is insane.… Washington’s actions are putting the entire world in jeopardy.” Andropov’s statement violates what Fischer will describe as a “longstanding taboo” against “citing numbers and capabilities of US nuclear weapons in the mass media” as well as “referr[ing] to Soviet weapons with highly unusual specificity.” Fischer will go on to note: “[F]or the first time since 1953, the top Soviet leader was telling his nation that the world was on the verge of a nuclear holocaust. If candor is a sign of sincerity, then Moscow was worried.” [Fischer, 3/19/2007; Scoblic, 2008, pp. 134]

Entity Tags: Ronald Reagan, Strategic Defense Initiative, Yuri Andropov, Benjamin Fischer

Timeline Tags: US International Relations

The October 1983 bombing of US Marine barracks in Beirut, Lebanon.The October 1983 bombing of US Marine barracks in Beirut, Lebanon. [Source: US Marine Corps.]In June 1982, Israel invaded Lebanon and US Marines were sent to Lebanon as a peacekeeping force in September 1982. On April 18, 1983, the US embassy in Beirut, Lebanon, is bombed by a suicide truck attack, killing 63 people. On October 23, 1983, a Marine barracks in Beirut is bombed by another suicide truck attack, killing 241 Marines. In February 1984, the US military will depart Lebanon. The radical militant group Islamic Jihad will take credit for both attacks (note that this is not the group led by Ayman al-Zawahiri). The group is believed to be linked to Hezbollah. Prior to this year, attacks of this type were rare. But the perceived success of these attacks in getting the US to leave Lebanon will usher in a new era of suicide attacks around the world. The next two years in particular will see a wave of such attacks in the Middle East, many of them committed by the radical militant group Hezbollah. [US Congress, 7/24/2003; US Congress, 7/24/2003 pdf file] The Beirut bombings will also inspire Osama bin Laden to believe that the US can be defeated by suicide attacks. For instance, he will say in a 1998 interview: “We have seen in the last decade the decline of the American government and the weakness of the American soldier who is ready to wage Cold Wars and unprepared to fight long wars. This was proven in Beirut when the Marines fled after two explosions.” [ABC News, 5/28/1998] In 1994, he will hold a meeting with a top Hezbollah leader (see Shortly After February 1994) and arrange for some of his operatives to be trained in the truck bombing techniques that were used in Beirut. [9/11 Commission, 7/24/2004, pp. 48]

Entity Tags: Hezbollah, Islamic Jihad Organization, Ayman al-Zawahiri, Osama bin Laden

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

The US announces that the Soviet Union has established a large early-warning radar system near the city of Krasnoyarsk. The installation violates the 1972 ABM Treaty (see May 26, 1972), which requires that such installations be located near the nation’s border and oriented outward. It is possible that the Soviet radar installation is built in response to the US’s recent decision to violate the ABM treaty by developing a missile defense system (see March 23, 1983). [Federation of American Scientists, 1/15/2008]

Timeline Tags: US International Relations

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

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

Timeline Tags: Civil Liberties

1984: Reagan Announces End to Aid for Contras

US President Ronald Reagan publicly claims to end aid to the contras in accordance with a congressional ban. However his administration continues the support, leading to the Iran-Contra scandal. [BBC, 6/5/2004; Columbia Encyclopedia. Sixth edition, 2005]

Entity Tags: Ronald Reagan

Timeline Tags: US-Nicaragua (1979-), Iran-Contra Affair

Detective Sergeant Peter Caram, the head of the New York Port Authority’s Terrorist Intelligence Unit, has been directed by the assistant superintendent of the Port Authority Police Department to compile a report on the vulnerability of the WTC to a terrorist attack. Having previously worked at the WTC Command, Caram has exclusive knowledge of some of the center’s security weaknesses. On this day he issues his four-page report, titled “Terrorist Threat and Targeting Assessment: World Trade Center.” It looks at the reasoning behind why the WTC might be singled out for attack, and identifies three areas of particular vulnerability: the perimeter of the WTC complex, the truck dock entrance, and the subgrade area (the lower floors below ground level). Caram specifically mentions that terrorists could use a car bomb in the subgrade area—a situation similar to what occurs in the 1993 bombing (see February 26, 1993). [Caram, 2001, pp. 5, 84-85; New York County Supreme Court, 1/20/2004] This is the first of several reports during the 1980s, identifying the WTC as a potential terrorist target.

Entity Tags: World Trade Center, Peter Caram

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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