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Profile: Al Haramain Islamic Foundation (AHIF)

a.k.a. Al Haramain Foundation

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Al Haramain Islamic Foundation (AHIF) was a participant or observer in the following events:

The CIA and Albanian intelligence recruit an informer knowledgeable about al-Qaeda in the Balkans. The informer, whose name is Hassan Mustafa Osama Nasr, but is known as Abu Omar, is recruited by a special unit of the Albanian National Intelligence Service (ShIK) created at the behest of the CIA. An officer in the unit, Astrit Nasufi, will say that the unit is actually run by a CIA agent known as “Mike” who is based on the US embassy in Tirana, Albania, and who teaches them intelligence techniques. The CIA and ShIK are worried about a possible assassination attempt against the Egyptian foreign minister, who is to visit Albania soon, so about twelve radical Egyptians, members of Al-Gama’a al-Islamiyya and Islamic Jihad, are detained beforehand. Nasr is not on the list, but is detained because of a link to a suspect charity, the Human Relief and Construction Agency (HRCA). He is held for about 10 days and, although he initially refuses to talk, ShIK has a “full file” on him after a week. He provides information about around ten fellow Al-Gama’a al-Islamiyya members working for HRCA and two other charities, the Al-Haramain Islamic Foundation and the Revival of Islamic Heritage Society, both of which will be declared designated supporters of terrorism after 9/11. However, he says there are no plans to kill the Egyptian foreign minister, as this would mean Albania would no longer be a safe haven for fundamentalist Muslims. The intelligence Nasr goes on to provide is regarded as good quality and includes the identities of operatives monitoring the US embassy and entering and leaving Albania. The CIA is most interested in monitoring former mujaheddin joining the Bosnian Muslims, and Nasr also provides intelligence on Al-Gama’a al-Islamiyya branches in Britain, Germany, and Italy, in particular the Islamic Cultural Institute in Milan, which is a base for mujaheddin operations in the Balkans and is raided by the Italian government around this time (see Late 1993-December 14, 1995). Even though cooperation appears to be good, after a few weeks Nasr suddenly disappears and the CIA tells ShIK that Nasr has moved to Germany. [Chicago Tribune, 7/2/2005] Nasr will later surface in Italy and will become close to Islamic militants in Milan (see Summer 2000), but will be kidnapped by the CIA after 9/11 (see Noon February 17, 2003).

Entity Tags: Revival of Islamic Heritage Society, Islamic Jihad, State Intelligence Service (Albania), Central Intelligence Agency, Astrit Nasufi, Al-Gama’a al-Islamiyya, Al Haramain Islamic Foundation, Islamic Cultural Institute, Human Relief and Construction Agency, Hassan Mustafa Osama Nasr

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

International Islamic Relief Organization logo.
International Islamic Relief Organization logo. [Source: International Islamic Relief Organization]The CIA creates a report for the State Department detailing support for terrorism from prominent Islamic charities. The report, completed just as the Bosnian war is winding down, focuses on charity fronts that have helped the mujaheddin in Bosnia. It concludes that of more than 50 Islamic nongovernmental organizations (NGOs) in existence, “available information indicates that approximately one-third… support terrorist groups or employ individuals who are suspected of having terrorist connections.” The report notes that most of the offices of NGOs active in Bosnia are located in Zagreb, Sarajevo, Zenica, and Tuzla. There are coordination councils there organizing the work of the charity fronts. The report notes that some charities may be “backed by powerful interest groups,” including governments. “We continue to have evidence that even high ranking members of the collecting or monitoring agencies in Saudi Arabia, Kuwait, and Pakistan - such as the Saudi High Commission - are involved in illicit activities, including support for terrorists.” The Wall Street Journal will later comment, “Disclosure of the report may raise new questions about whether enough was done to cut off support for terrorism before the attacks of Sept. 11, 2001… and about possible involvement in terrorism by Saudi Arabian officials.” [Central Intelligence Agency, 1/1996; Wall Street Journal, 5/9/2003] The below list of organizations paraphrases or quotes the report, except for informational asides in parentheses.
bullet The International Islamic Relief Organization (IIRO). “The IIRO is affiliated with the Muslim World League, a major international organization largely financed by the government of Saudi Arabia.” The IIRO has funded Hamas, Algerian radicals, Al-Gama’a al-Islamiyya (a.k.a. the Islamic Group, an Egyptian radical militant group led by Sheikh Omar Abdul-Rahman), Ramzi Yousef, and six militant training camps in Afghanistan. “The former head of the IIRO office in the Philippines, Mohammad Jamal Khalifa, has been linked to Manila-based plots to target the Pope and US airlines; his brother-in-law is Osama bin Laden.”
bullet Al Haramain Islamic Foundation. It has connections to Al-Gama’a al-Islamiyya and helps support the mujaheddin battalion in Zenica. Their offices have been connected to smuggling, drug running, and prostitution.
bullet Human Concern International, headquartered in Canada. Its Swedish branch is said to be smuggling weapons to Bosnia. It is claimed “the entire Peshawar office is made up of [Al-Gama’a al-Islamiyya] members.” The head of its Pakistan office (Ahmed Said Khadr) was arrested recently for a role in the bombing of the Egyptian embassy in Pakistan (see November 19, 1995). (It will later be discovered that Khadr is a founder and major leader of al-Qaeda (see Summer 2001 and January 1996-September 10, 2001).)
bullet Third World Relief Agency (TWRA). Headquartered in Sudan, it has ties to Al-Gama’a al-Islamiyya. “The regional director of the organization, Elfatih Hassanein, is the most influential [charity] official in Bosnia. He is a major arms supplier to the government, according to clandestine and press reporting, and was forced to relocate his office from Zagreb in 1994 after his weapons smuggling operations were exposed. According to a foreign government service, Hassanein supports US Muslim extremists in Bosnia.” One TWRA employee alleged to also be a member of Al-Gama’a al-Islamiyya carried out a suicide car bombing in Rijeka, Croatia (see October 20, 1995).
bullet The Islamic African Relief Agency (IARA). Based in Sudan, it has offices in 30 countries. It is said to be controlled by Sudan’s ruling party and gives weapons to the Bosnian military in concert with the TWRA. (The US government will give the IARA $4 million in aid in 1998 (see February 19, 2000).)
bullet Benevolence International Foundation (BIF) (the report refers to it by an alternate name, Lajnat al-Birr al-Islamiyya (LBI)). It supports mujaheddin in Bosnia. It mentions “one Zagreb employee, identified as Syrian-born US citizen Abu Mahmud,” as involved in a kidnapping in Pakistan (see July 4, 1995). [Central Intelligence Agency, 1/1996] (This is a known alias (Abu Mahmoud al Suri) for Enaam Arnaout, the head of BIF’s US office.) [USA v. Enaam M. Arnaout, 10/6/2003, pp. 37 pdf file] This person “matches the description… of a man who was allegedly involved in the kidnapping of six Westerners in Kashmir in July 1995, and who left Pakistan in early October for Bosnia via the United States.”
bullet Maktab al-Khidamat (MAK), a.k.a. Al-Kifah. This group has ties to Ramzi Yousef, Osama bin Laden, Al-Gama’a al-Islamiyya, and possibly Hezbollah. Both the former director of its Zagreb office [Kamer Eddine Kherbane] and his deputy [Hassan Hakim] were senior members of Algerian extremist groups. Its main office in Peshawar, Pakistan, funds at least nine training camps in Afghanistan. “The press has reported that some employees of MAK’s New York branch were involved in the World Trade Center bombing [in 1993].” (Indeed, the New York branch, known as the Al-Kifah Refugee Center, is closely linked to the WTC bombing and the CIA used it as a conduit to send money to Afghanistan (see January 24, 1994).
bullet Muwafaq Foundation. Registered in Britain but based in Sudan, it has many offices in Bosnia. It has ties to Al-Gama’a al-Islamiyya and “helps fund the Egyptian Mujahedin Battalion in Bosnia” and “at least one training camp in Afghanistan” (see 1991-1995).
bullet Qatar Charitable Society, based in Qatar. It has possible ties to Hamas and Algerian militants. A staff member in Qatar is known to be a Hamas operative who has been monitored discussing militant operations. (An al-Qaeda defector will later reveal that in 1993 he was told this was one of al-Qaeda’s three most important charity fronts (see 1993)).
bullet Red Crescent (Iran branch). Linked to the Iranian government, it is “Often used by the Iranian [intelligence agency] as cover for intelligence officers, agents, and arms shipments.”
bullet Saudi High Commission. “The official Saudi government organization for collecting and disbursing humanitarian aid.” Some members possibly have ties to Hamas and Algerian militants (see 1996 and After).
bullet Other organizations mentioned are the Foundation for Human Rights, Liberties, and Humanitarian Relief (IHH) (a.k.a. the International Humanitarian Relief Organization), Kuwait Joint Relief Committee (KJRC), the Islamic World Committee, and Human Appeal International. [Central Intelligence Agency, 1/1996]
After 9/11, former National Security Council official Daniel Benjamin will say that the NSC repeatedly questioned the CIA with inquiries about charity fronts. “We knew there was a big problem between [charities] and militants. The CIA report “suggests they were on the job, and, frankly, they were on the job.” [Wall Street Journal, 5/9/2003] However, very little action is taken on the information before 9/11. None of the groups mentioned will be shut down or have their assets seized.

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

Video footage of al alleged al-Qaeda training camp in Sulawesi, Indonesia.Video footage of al alleged al-Qaeda training camp in Sulawesi, Indonesia. [Source: CNN]Ayman al-Zawahiri, al-Qaeda’s second in command, and Mohammed Atef, al-Qaeda’s military chief, visit the Indonesian province of Aceh to examine expanding al-Qaeda operations there. They are guided by al-Qaeda operatives Agus Dwikarna and Omar al-Faruq. Dwikarna is working as a regional head of the Indonesia branch of the Al Haramain Islamic Foundation, a charity directly tied to the Saudi government. US officials already strongly suspected Al Haramain helped fund the 1998 African embassy bombings (see Autumn 1997), though none of their offices were shut down. Dwikarna uses Al Haramain to funnel al-Qaeda money into Southeast Asia and give al-Qaeda operatives cover as charity workers; he also runs an al-Qaeda training camp on the Indonesian island of Sulawesi. Dwikarna will be arrested in 2001 and al-Faruq in 2002. Both will confess to using Al Haramain to fund al-Qaeda operations. Despite this, Al Haramain’s Indonesia’s office not only stays open, but in 2002 it signs an agreement with the Indonesian government to expand operations while it continues to divert charity money to militant operations. The United Nations will finally blacklist Al Haramain offices worldwide in 2004 (see March 2002-September 2004). [CNN, 8/30/2002; Ressa, 2003, pp. 95-96; Burr and Collins, 2006, pp. 41, 202] At the time, an Indonesian government mole named Fauzi Hasbi has deeply penetrated Jemaah Islamiyah, al-Qaeda’s main Southeast Asian affiliate (see 1979-February 22, 2003). Hasbi does not meet with al-Zawahiri and Atef during their visit, but he does speak to al-Zawahiri on the telephone. Hasbi also met with al-Faruq in December 1999. It is unknown if Hasbi knew enough to potentially lead to a capture of the two al-Qaeda leaders. [International Crisis Group, 12/11/2002]

Entity Tags: Mohammed Atef, Omar al-Faruq, Fauzi Hasbi, Al Haramain Islamic Foundation, Agus Dwikarna, Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline

A map of Indonesia, with the Maluku islands highlighted.A map of Indonesia, with the Maluku islands highlighted. [Source: BBC]Omar al-Faruq, a Kuwaiti, is considered one of al-Qaeda’s top operatives in Southeast Asia due to links he developed while living in the Philippines in the early 1990s (see 1994). His handler is a Saudi named Syeh Hussein, a.k.a. Rashid. Hussein is said to have access to Osama bin Laden. He also has access to money, and is posing as a representative of the Al Haramain Islamic Foundation, a Saudi government charity. Sheikh Bandar, alias Abu Abdallah, is the head of the Al Haramain branch in Saudi Arabia (but not the head of Al Haramain’s headquarters, also in Saudi Arabia). He has an Indonesian wife and frequently travels to Indonesia, and gives large amounts of cash to al-Faruq or Hussein during his trips to bankroll their militant activities. By the second half of 2000, there is a religious war raging in the Maluku islands (also known as the Spice Islands), as thousands of Muslim militants from the island of Java had traveled there and have joined local Muslims in fighting Christians (see January 1999-July 2001). Most militants belong to the paramilitary group Laskar Jihad. Additionally, the al-Qaeda affiliate Jemaah Islamiyah has already set up its own safe house and weapons storeroom in Ambon, the capital city of the Maluku province, and coordinates the arrival of its own smaller group of volunteers from Java, who are known as Laskar Mujahidin. Hussein and al-Faruq concentrate their efforts on assisting these groups. They set up the “Special Program,” which is free paramilitary and religious training for local Muslim fighters in the Malukus. They build a training camp, including a wooden schoolhouse, near Ambon. From late 2000 until mid-2001, a rotating group of about 20 foreigners, mostly Arabs, help train locals to fight Christians. Hussein and al-Faruq also help provision militants coming to the Malukus from Java, Sulawesi, and Malaysia. They open safe houses in Ambon and south Sulawesi, fund training camps for Jemaah Islamiyah on the nearby islands of Seram and Buru, buy weapons, and buy a gunrunning boat. This effort is sucessful for a time, but it is increasingly plagued by infighting, especially conflicts between recruits from Java and Sulawesi. In mid-2001, the Sulawesi recruits withdraw from the Malukus. Al-Faruq and Hussein reduce their efforts in the Malukus after that, and focus more of their efforts fomenting religious violence on the island of Sulawesi (see December 2001). [Conboy, 2003, pp. 236-240]

Entity Tags: Laskar Jihad, Al Haramain Islamic Foundation, Jemaah Islamiyah, Omar al-Faruq, Sheikh Bandar, Syeh Hussein, Laskar Mujahidin

Timeline Tags: Complete 911 Timeline

Agus Dwikarna.Agus Dwikarna. [Source: Christian Science Monitor]In October 2000, Agus Dwikarna, an Indonesian militant linked to al-Qaeda, helps establish the paramilitary organization Laskar Jundullah. It is modeled after Laskar Jihad, another paramilitary organization formed earlier (see January 1999-July 2001), except Laskar Jihad draws its recruits from the Indonesian island of Java whereas Laskar Jundullah draws its recruits from the Indonesian island of Sulawesi. Laskar Jundullah gathers about 2,000 recruits to central Sulawesi. Mostly using bats and machetes, they support local Muslims in violent conflicts with Christians near the town of Poso, which have been occurring off and on since 1998, with heavy casualties on both sides. [Human Rights Watch, 12/2002; Conboy, 2003, pp. 223-224] In the second half of 2001, some al-Qaeda linked figures begin helping Dwikarna and Laskar Jundullah:
bullet Omar al-Faruq, a Kuwaiti, who is said to be a key go-between for al-Qaeda and Jemaah Islamiyah. Al-Faruq and Dwikarna hosted al-Qaeda second-in-command Ayman al-Zawahiri when he visited Indonesia in 2000 (see June 2000).
bullet Syeh Hussein, a.k.a. Rashid, a Saudi. He is al-Faruq’s handler and is said to have access to Osama bin Laden. He is posing as a representative of the Al Haramain Islamic Foundation. Dwikarna is also posing as an Al Haramain employee (see June 2000). [Conboy, 2003, pp. 223-224]
bullet Reda Seyam, a.k.a. Abu Daud, an Egyptian. He had fought with al-Qaeda in Bosnia in the early 1990s and also has links to key al-Qaeda figures, including having met directly with bin Laden. He had worked for the Twaik Group, said to be a front for the Saudi intelligence agency, and is in Indonesia working for Rawasin Media Productions, which is also said to be a Saudi intelligence front (see 1995-1998). [Conboy, 2003, pp. 223-224; Chicago Tribune, 3/31/2004]
On December 1, 2001, al-Faruq, Hussein, and Seyam meet with fifty Laskar Jundullah recruits near the town of Poso, in central Sulawesi. They present the recruits with weapons, including high quality M-16s and Uzis (which are very unavailable in Indonesia except from military or overseas sources). Near midnight, the group goes to Sepe, a small Christian village near Poso. They attack the village, burning about two hundred houses and killing an unknown number of people. The attack is filmed using night vision equipment. [Conboy, 2003, pp. 223-224] There are allegations that some Indonesian military units take part in the attack. Since 90% of Indonesia’s population is Muslim, most Indonesian soldiers are Muslim as well. Human Rights Watch will later comment, “there is evidence that [Indonesian] soldiers did engage the attackers in a fight [at Sepe], as three soldiers from Infantry Battalion 711 from Palu were reported in critical condition.” Around this time, Laskar Jundullah forces attack about seven other Christian villages in the region. There are reports the Indonesian military sometimes joins these attacks and at other times fails to help the attacked villages. These attacks are little noticed outside of Indonesia, and the involvement of al-Qaeda-linked figures will not be publicly revealed until later. But there is pressure within Indonesia for the government to do something. More military units are bought in several days after the Sepe attack, and they largely quell the violence. [Human Rights Watch, 12/2002] Around December 4, six suspicious foreign men, believed to be Islamist militants, are detained in the area and then let go. [BBC, 12/4/2001] Later that month, Laskar Jundullah is implicated in a bombing of a Kentucky Fried Chicken restaurant in the city of Ujung Pandang, in southern Sulawesi. The group plans further attacks, but it is divided by internal squabbles. Dwikarna, who was not present in the Sepe attack, is upset at the others for recklessly filming themselves in the attack and then planning to use the footage for propaganda purposes. Seyam will be arrested in Indonesia late 2002 and footage of the Sepe attack apparently will be found with him. Dwikarna will be arrested in 2002 as well. His group, and the violence in Sulawesi, will generally come to an end that same year. [Human Rights Watch, 12/2002; Conboy, 2003, pp. 223-224]

Entity Tags: Syeh Hussein, Twaik Group, Rawasin Media Productions, Laskar Jundullah, Al-Qaeda, Agus Dwikarna, Al Haramain Islamic Foundation, Omar al-Faruq, Reda Seyam

Timeline Tags: Complete 911 Timeline

A sign on top of the Al Haramains Islamic Foundation’s four-story office building in Dhaka, Bangladesh, in June 2004.A sign on top of the Al Haramains Islamic Foundation’s four-story office building in Dhaka, Bangladesh, in June 2004. [Source: Rafiqur Rahman / Reuters / Corbis]The Al Haramain Islamic Foundation was founded in 1988 as a branch of the Muslim World League charity, and just like the Muslim World League it is closely linked to the Saudi government. It develops branches in about 50 countries, including a US branch based in Oregon. It has an annual budget of $40 million to $60 million, paid by the Saudi government, and about 3,000 employees. It gives considerable aid to religious causes such as building mosques. But by the early 1990s evidence began to grow that it was funding Islamist militants in Somalia and Bosnia, and a 1996 CIA report detailed its Bosnian militant ties (see January 1996). In 1998, several links were discovered between the charity and the African embassy bombings that year (see Autumn 1997 and 10:35-10:39 a.m., August 7, 1998).
bullet In March 2002, the US and Saudi governments jointly announce the closing of Al Haramain’s branches in Somalia and Bosnia, but Al Haramain defiantly keeps its Bosnian branch open and it is shut down again after police raids in December 2003. [Washington Post, 8/19/2004; Burr and Collins, 2006, pp. 38-41] In December 2002, it is reported that the Somali branch is still open as well. [Christian Science Monitor, 12/18/2002]
bullet In late 2002, Al Haramain is linked to the October 2002 Bali bombing and al-Qaeda operations in Southeast Asia in general (see September-October 2002).
bullet In May 2003, Al Haramain announces the closing of its branches in Albania, Croatia, and Ethiopia, soon followed by branches in Kenya, Tanzania, Pakistan, and Indonesia. But this is because of pressure due to suspected militant links, and at least the Indonesian branch secretly changes locations and stays open. [Burr and Collins, 2006, pp. 38-41]
bullet In late 2003, Al Haramain Director-General Aqeel al-Aqeel indiscreetly mentions that Saudi Crown Prince Abdullah recently donated money to his charity. Al-Aqeel, Deputy General Mansour al-Kadi, and two other senior officials are fired from the charity by the Saudi minister of religious affairs in January 2004. Interestingly, the Saudi minister is also the chairman of Al-Haramain’s board. In 1997, US intelligence found al-Kadi’s business card in the possession of Wadih el-Hage, Osama bin Laden’s former personal secretary (see Shortly After August 21, 1997). [Netherlands Interior Ministry, 1/6/2005 pdf file; Burr and Collins, 2006, pp. 38-41]
bullet In February 2004, the US Treasury Department freezes the organization’s US financial assets pending an investigation.
bullet In June 2004, The charity is disbanded by the Saudi Arabian government and folded into an “umbrella” private Saudi charitable organization, the Saudi National Commission for Relief and Charity Work Abroad.
bullet In September 2004, the US designates Al-Haramain a terrorist organization, citing ties to al-Qaeda. [US Treasury Department, 9/9/2004; Washington Post, 3/2/2006] The United Nations also bans the organization, saying it has ties to the Taliban. [United Nations, 7/27/2007]

Entity Tags: United Nations, US Department of the Treasury, Saudi National Commission for Relief and Charity Work Abroad, Muslim World League, Al-Qaeda, Aqeel al-Aqeel, Abdullah bin Abdulaziz al-Saud, Al Haramain Islamic Foundation, Al Haramain Islamic Foundation (Oregon branch), Taliban, Mansour al-Kadi

Timeline Tags: Complete 911 Timeline

Al Haramain logo.Al Haramain logo. [Source: Reuters / Corbis]In June 2002, al-Qaeda operative Omar al-Faruq was captured by the US and interrogated with techniques described as close to torture (see June 5, 2002). On September 9, 2002, he reportedly breaks down and immediately begins spilling secrets in great detail. He confesses that he is al-Qaeda’s senior representative in Southeast Asia. He says that al-Qaeda leaders Abu Zubaida and Ibn al-Shaykh al-Libi had ordered him to “plan large-scale attacks against US interests in Indonesia, Malaysia, [the] Philippines, Singapore, Thailand, Taiwan, Vietnam, and Cambodia.” In particular, he had a plan to launch truck bomb attacks on US embassies in Southeast Asia around the first anniversary of the 9/11 attacks. The US issues a code orange alert, and the attacks never happen. He also says that much of the money for al-Qaeda’s operations in the region comes from the Al Haramain Islamic Foundation, a charity closely linked to the Saudi government. Al-Faruq’s confessions are immediately leaked to Time magazine, which publishes a story about them on September 15. US investigators tell Time that Al Haramain is a “significant” source of funding for al-Qaeda linked groups in the region and they also say they are investigating possible links between al-Qaeda and top al-Haramain officials in Saudi Arabia. [Time, 9/15/2002] However, Al Haramain offices are not shut down in Southeast Asia or elsewhere. Early the next month, a car bomb and a backpack bomb hit two discotheques in Bali, Indonesia, killing over 200 people (see October 12, 2002). The London Times reports later in the month that $74,000 was sent to Abu Bakar Bashir, the spiritual leader of Jemaah Islamiyah, al-Qaeda’s main affiliate in the region. The money was spent to buy the explosives for the bombing from the Indonesian military. Furthermore, Jemaah Islamiyah was mainly funded by money from Al Haramain. [London Times, 10/20/2002] However, Al Haramain still is not shut down. In late 2003, it is announced that the charity’s Indonesian branch is shutting down, but in fact it secretly changes locations and stays open. All Al Haramain branches worldwide will finally be shut down in 2004 (see March 2002-September 2004). [Burr and Collins, 2006, pp. 38-41]

Entity Tags: Ibn al-Shaykh al-Libi, Al Haramain Islamic Foundation, Omar al-Faruq, Abu Bakar Bashir, Abu Zubaida, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

The Al Haramain Islamic Foundation, a now-defunct Saudi Arabian charitable organization that once operated in Oregon, sues the Bush administration [Associated Press, 2/28/2006] over what it calls illegal surveillance of its telephone and e-mail communications by the National Security Agency, the so-called Terrorist Surveillance Program. The lawsuit may provide the first direct evidence of US residents and citizens being spied upon by the Bush administration’s secret eavesdropping program, according to the lawsuit (see December 15, 2005). According to a source familiar with the case, the NSA monitored telephone conversations between Al Haramain’s director, then in Saudi Arabia, and two US citizens working as lawyers for the organization and operating out of Washington, DC. The lawsuit alleges that the NSA violated the Foreign Intelligence Surveillance Act (see 1978), the US citizens’ Fourth Amendment rights, and the attorney-client privilege. FISA experts say that while they are unfamiliar with the specifics of this lawsuit, they question whether a FISA judge would have allowed surveillance of conversations between US lawyers and their client under the circumstances described in the lawsuit. Other lawsuits have been filed against the Bush administration over suspicions of illegal government wiretapping, but this is the first lawsuit to present classified government documents as evidence to support its contentions. The lawsuit alleges that the NSA illegally intercepted communications between Al Haramain officer Suliman al-Buthe in Saudi Arabia, and its lawyers Wendell Belew and Asim Ghafoor in Washington. One of its most effective pieces of evidence is a document accidentally turned over to the group by the Treasury Department, dated May 24, 2004, that shows the NSA did indeed monitor conversations between Al Haramain officials and lawyers. When Al Haramain officials received the document in late May, 2004, they gave a copy to the Washington Post, whose editors and lawyers decided, under threat of government prosecution, to return the document to the government rather than report on it (see Late May, 2004). [Washington Post, 3/2/2006; Washington Post, 3/3/2006] Lawyer Thomas Nelson, who represents Al Haramain and Belew, later recalls he didn’t realize what the organization had until he read the New York Times’s December 2005 story of the NSA’s secret wiretapping program (see December 15, 2005). “I got up in the morning and read the story, and I thought, ‘My god, we had a log of a wiretap and it may or may not have been the NSA and on further reflection it was NSA,’” Nelson will recall. “So we decided to file a lawsuit.” Nelson and other lawyers were able to retrieve one of the remaining copies of the document, most likely from Saudi Arabia, and turned it over to the court as part of their lawsuit. [Wired News, 3/5/2007]
Al Haramain Designated a Terrorist Organization - In February 2004, the Treasury Department froze the organization’s US financial assets pending an investigation, and in September 2004, designated it a terrorist organization, citing ties to al-Qaeda and alleging financial ties between Al Haramain and the 1998 bombings of two US embassies in Africa (see 10:35-10:39 a.m., August 7, 1998). The organization was disbanded by the Saudi Arabian government in June 2004 and folded into an “umbrella” private Saudi charitable organization, the Saudi National Commission for Relief and Charity Work Abroad (see March 2002-September 2004). In February 2005, the organization was indicted for conspiring to funnel money to Islamist fighters in Chechnya. The charges were later dropped. [US Treasury Department, 9/9/2004; Washington Post, 3/2/2006] The United Nations has banned the organization, saying it has ties to the Taliban. [United Nations, 7/27/2007]
Challenging Designation - In its lawsuit, Al Haramain is also demanding that its designation as a terrorist organization be reversed. It says it can prove that its financial support for Chechen Muslims was entirely humanitarian, with no connections to terrorism or violence, and that the Treasury Department has never provided any evidence for its claims that Al Haramain is linked to al-Qaeda or has funded terrorist activities. [Associated Press, 8/6/2007] The lawsuit also asks for $1 million in damages, and the unfreezing of Al Haramain’s US assets. [Associated Press, 8/5/2007]
Administration Seeks to Have Lawsuit Dismissed - The Bush administration will seek to have the lawsuit thrown out on grounds of national security and executive privilege (see Late 2006-July 2007, Mid-2007).

Entity Tags: Wendell Belew, Suliman al-Buthe, Taliban, Washington Post, United Nations, Saudi National Commission for Relief and Charity Work Abroad, US Department of the Treasury, National Security Agency, Thomas Nelson, Foreign Intelligence Surveillance Act, Al Haramain Islamic Foundation, Al-Qaeda, Al Haramain Islamic Foundation (Oregon branch), Foreign Intelligence Surveillance Court, Asim Ghafoor, Bush administration (43)

Timeline Tags: Civil Liberties

AT&T attorney Michael Kellogg enters the courtroom.AT&T attorney Michael Kellogg enters the courtroom. [Source: Wired News]The Ninth Circuit Court of Appeals in San Francisco hears two related cases: one a government appeal to dismiss a case brought against AT&T for its involvement in the National Security Agency (NSA)‘s domestic wiretapping program (see July 20, 2006), and the other a challenge to the government’s authority to wiretap overseas phone calls brought on behalf of a now-defunct Islamic charity, Al Haramain (see February 28, 2006). The AT&T lawsuit is brought by the Electronic Frontier Foundation (see January 31, 2006). Among the onlookers is AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009), who has provided key documentation for the EFF lawsuit (see Early January 2006).
Government Lawyer: Court Should Grant 'Utmost Deference' to Bush Administration - Deputy Solicitor General Gregory Garre, arguing on behalf of the US government, tells Judge Harry Pregerson, one of the three judges presiding over the court, that allowing the EFF lawsuit against AT&T to go forward would result in “exceptionally grave harm to national security in the United States,” even though a previous judge has ruled otherwise (see July 20, 2006) and the government itself has admitted that none of the material to be used by EFF is classified as any sort of state secret (see June 23, 2006). Pregerson says that granting such a request would essentially make his court a “rubber stamp” for the government, to which Garre argues that Pregerson should grant the “utmost deference” to the Bush administration. Pregerson retorts: “What does utmost deference mean? Bow to it?” [Wired News, 8/15/2007] Klein will later accuse Garre of using “scare tactics” to attempt to intimidate the judges into finding in favor of AT&T and the government. [Klein, 2009, pp. 79]
Government Refuses to Swear that Domestic Surveillance Program Operates under Warrant - Garre says that the goverment’s domestic surveillance program operates entirely under judicial warrant; he says the government is not willing to sign a sworn affidavit to that effect. Reporter Kevin Poulsen, writing for Wired News, says that Garre’s admission of the government’s reluctance to swear that its domestic surveillance program operates with warrants troubles all three judges. AT&T attorney Michael Kellogg argues that AT&T customers have no proof that their communications are being given over to the government without warrants, and therefore the EFF lawsuit should be dismissed. “The government has said that whatever AT&T is doing with the government is a state secret,” Kellogg says. “As a consequence, no evidence can come in whether the individuals’ communications were ever accepted or whether we played any role in it.” EFF attorney Robert Fram argues that the Foreign Intelligence Surveillance Act (FISA) allows citizens to challenge electronic surveillance by permitting courts to hear government evidence in chambers. He is careful, Poulsen writes, to note that EFF does not want specific information on the NSA’s sources and methods, and says that EFF already has enough evidence to prove its assertion that AT&T compromised its customers’ privacy by colluding with the NSA’s domestic surveillance program.
Government Mocks Whistleblower's AT&T Documentation - Garre mocks Klein’s AT&T documents, saying that all they prove is that the NSA’s secret room in AT&T’s San Francisco facility (see Late 2002-Early 2003, January 2003, and October 2003) “has a leaky air conditioner and some loose cables in the room.” Fram counters that Klein’s documentation is specific and damning. It proves that the NSA housed a splitter cabinet in that secret room that “split” data signals, allowing the NSA to wiretap literally millions of domestic communications without the knowledge of AT&T customers (see February 2003, Fall 2003, Late 2003, and Late 2003). Fram says Klein’s documents, along with other non-classified documentation EFF has presented, proves “the privacy violation on the handover of the Internet traffic at the splitter into the secret room, which room has limited access to NSA-cleared employees. What is not part of our claim is what happens inside that room.” Klein’s documentation proves the collusion between AT&T and the NSA, Fram states, but Judge M. Margaret McKeown questions this conclusion. According to Poulsen, McKeown seems more willing to grant the government the argument that it must protect “state secrets” than Pregerson.
Government Argues for Dismissal of Al Haramain Case - As in the AT&T portion of the appeal hearing, the government, represented by Assistant US Attorney General Thomas Brody, argues for the Al Haramain lawsuit’s dismissal, saying, “The state secrets privilege requires dismissal of this case.” Even the determination as to whether Al Haramain was spied upon, he argues, “is itself a state secret.” The Top Secret government document that Al Haramain is using as the foundation of its case is too secret to be used in court, Brody argues, even though the government itself accidentally provided the charity with the document. Even the plaintiff’s memories of the document constitute “state secrets” and should be disallowed, Brody continues. “This document is totally non-redactable and non-segregable and cannot even be meaningfully described,” he says. A disconcerted Judge McKeown says, “I feel like I’m in Alice and Wonderland.” Brody concludes that it is possible the Al Haramain attorneys “think or believe or claim they were surveilled. It’s entirely possible that everything they think they know is entirely false.” [Wired News, 8/15/2007]
No Rulings Issued - The appeals court declines to rule on either case at this time. Klein will later write, “It was clear to everyone that this panel would, if they ever issued a ruling, deny the ‘state secrets’ claim and give the green light for the EFF lawsuit to go forward.” [Klein, 2009, pp. 79-81] Wired News’s Ryan Singel writes that the panel seems far more sympathetic to the EFF case than the Al Haramain case. The judges seem dismayed that the government fails to prove that no domestic surveillance program actually exists in the EFF matter. However, they seem far more willing to listen to the government’s case in the Al Haramain matter, even though McKeown says that the government’s argument has an “Alice in Wonderland” feel to it. Singel believes the government is likely to throw out the secret document Al Haramain uses as the foundation of its case. However, he writes, “all three judges seemed to believe that the government could confirm or deny a secret intelligence relationship with the nation’s largest telecom, without disclosing secrets to the world.… So seemingly, in the eyes of today’s panel of judges, in the collision between secret documents and the state secrets privilege, ‘totally secret’ documents are not allowed to play, but sort-of-secret documents—the AT&T documents—may be able to trump the power of kings to do as they will.” [Wired News, 8/15/2007] Wired News’s David Kravets notes that whichever way the court eventually rules, the losing side will continue the appeals process, probably all the way to the US Supreme Court. The biggest question, he says, is whether the NSA is still spying on millions of Americans. [Wired News, 8/15/2007]

Entity Tags: Foreign Intelligence Surveillance Act, US Supreme Court, Electronic Frontier Foundation, Bush administration (43), Al Haramain Islamic Foundation, AT&T, David Kravets, Ryan Singel, Thomas Brody, National Security Agency, Mark Klein, Kevin Poulsen, M. Margaret McKeown, Gregory Garre, Harry Pregerson, Robert Fram, Michael Kellogg

Timeline Tags: Civil Liberties

Judge Vaughn Walker rules that “sufficient facts” exist to keep alive a lawsuit brought by the defunct Islamic charity Al Haramain, which alleges it was subjected to illegal, warrantless wiretapping by the US government (see February 28, 2006). The lawsuit centers on a Top Secret government document accidentally disclosed to plaintiffs’ lawyers Wendell Belew and Asim Ghafoo that allegedly proves the claim of illegal wiretapping; previous court rulings forced Belew and Ghafoo to return the document to the government and prohibited its use in the lawsuit. The lawsuit is widely viewed as a test case to decide in court whether the Bush administration abused its power by authorizing a secret domestic spying program (see Spring 2004 and December 15, 2005). Jon Eisenberg, the lawyer for Belew and Ghafoo, says it does not matter whether the case pertains to the Bush administration or the incoming Obama administration. “I don’t want President Obama to have that power any more than I do President Bush,” he says. Because the lawsuit contains sufficient evidence even without the Top Secret document, Walker rules, it can continue. “The plaintiffs have alleged sufficient facts to withstand the government’s motion to dismiss,” he writes. Therefore, he adds, the law demands that they be allowed to review the classified document, and others, to determine whether the lawyers were spied on illegally and whether Bush’s spy program was unlawful. “To be more specific, the court will review the sealed document ex parte and in camera,” Walker writes. “The court will then issue an order regarding whether plaintiffs may proceed—that is, whether the sealed document establishes that plaintiffs were subject to electronic surveillance not authorized by FISA” (the Foreign Intelligence Surveillance Act—see 1978). [Wired News, 1/5/2009]

Entity Tags: Vaughn Walker, Al Haramain Islamic Foundation, Asim Ghafoo, Jon Eisenberg, Bush administration (43), Wendell Belew, Foreign Intelligence Surveillance Act, Obama administration

Timeline Tags: Civil Liberties

As one of its last official acts, the Bush administration asks federal judge Vaughn Walker to stay his ruling that keeps alive a lawsuit testing whether a sitting president can bypass Congress and eavesdrop on Americans without warrants. The request, filed at 10:56 p.m. on President Bush’s last full day in office, asks Walker to stay his ruling and allow the federal government to appeal his ruling that allows the al-Haramain lawsuit to proceed (see February 28, 2006). The warrantless wiretapping alleged in the lawsuit took place in 2004, well before Congress’s 2008 authorization of the government’s spy program. The Obama administration’s incoming Attorney General, Eric Holder, says the Justice Department will defend the spy program because Congress made it legal (see January 15, 2009). It is not clear whether the Justice Department under Holder will continue to fight the Al Haramain lawsuit. The Bush administration wants Walker to reverse his decision to let plaintiffs’ lawyers Wendell Belew and Asim Ghafoo use a Top Secret document that was accidentally disclosed to them in 2004 (see January 5, 2009); that document, which allegedly proves the warrantless and illegal nature of the wiretapping performed against the Al Haramain charity, is at the center of the lawsuit. Previous rulings disallowed the use of the document and forced the defense lawyers to return it to the government, but Walker ruled that other evidence supported the claim of warrantless wiretapping, and therefore the document could be used. In its request for a stay, the Bush administration asserts that allowing the document to be used in the lawsuit would jeopardize national security, and that the document is protected under the state secrets privilege (see March 9, 1953). Administration lawyers say that Walker should not be allowed to see the document, much less the defense lawyers. “If the court were to find… that none of the plaintiffs are aggrieved parties, the case obviously could not proceed, but such a holding would reveal to plaintiffs and the public at large information that is protected by the state secrets privilege—namely, that certain individuals were not subject to alleged surveillance,” the administration writes in its request. If the lawsuit continues, the government says, that decision “would confirm that a plaintiff was subject to surveillance” and therefore should not be allowed: “Indeed, if the actual facts were that just one of the plaintiffs had been subject to alleged surveillance, any such differentiation likewise could not be disclosed because it would inherently reveal intelligence information as to who was and was not a subject of interest, which communications were and were not of intelligence interest, and which modes of communication were and were not of intelligence interest, and which modes of communication may or may not have been subject to surveillance.” Jon Eisenberg, the lawyer for Belew and Ghafoo, says: “We filed this lawsuit to establish a judicial precedent that the president cannot disregard Congress in the name of national security. Plaintiffs have a right to litigate the legality of the surveillance.” [Wired News, 1/20/2009]

Entity Tags: Jon Eisenberg, Asim Ghafoo, Al Haramain Islamic Foundation, Bush administration (43), Obama administration, Eric Holder, Wendell Belew, Vaughn Walker, US Department of Justice, George W. Bush

Timeline Tags: Civil Liberties

A federal appeals court rejects the Obama administration’s assertion that a potential threat to national security should stop a lawsuit challenging the government’s warrantless wiretapping program. The Justice Department had requested an emergency stay in a case brought by a defunct Islamic charity, the Al Haramain Islamic Foundation (see February 28, 2006). Al Haramain has asked that classified information be made available to the court to prove its case that the electronic surveillance brought to bear against it by the government was illegal; Justice Department lawyers contend that the information needs to remain classified and unavailable to the court, and cite the “state secrets” privilege (see March 9, 1953) as legal justification. Although the court rejects the request for the stay, Justice Department lawyers say they will continue fighting to keep the information secret. “The government respectfully requests that the court refrain from further actions to provide plaintiffs with access to classified information,” says a filing made by the Justice Department in regards to the ruling. A lawyer for Al Haramain, Steven Goldberg, says: “All we wanted was our day in court and it looks like we’re finally going to get our day in court. This case is all about challenging an assertion of power by the executive branch which is extraordinary.” The American Civil Liberties Union’s Ann Brick says the court has now crafted a way to review the issue in which “national security isn’t put at risk, but the rule of law can still be observed.” [Associated Press, 2/27/2009] Days later, the Justice Department will file a brief announcing its intention to refuse to honor the appeals court’s decision (see March 2, 2009).

Entity Tags: Obama administration, Ann Brick, Steven Goldberg, US Department of Justice, Al Haramain Islamic Foundation

Timeline Tags: Civil Liberties

The Justice Department defies a recent court order (see February 27, 2009) and refuses to provide a document that might prove the Bush administration conducted illegal wiretaps on a now-defunct Islamic charity. The Justice Department files a brief with a California federal district court challenging the court’s right to carry out its own decision to make that evidence available in a pending lawsuit. Even though the document is critical to the lawsuit, the lawyers can obtain the necessary top-secret clearances, and the document would not be made public, the Justice Department claims that the document cannot be entered into evidence. The lawyers for Al Haramain, the Islamic charity and the plaintiffs in the suit, calls the Justice Department’s decision “mind-boggling.”
Government's Position - For its part, the Justice Department writes in a brief that the decision to release the document “is committed to the discretion of the executive branch, and is not subject to judicial review.” The document has been in the possession of the court since 2004, when the government inadvertently released it to the plaintiffs. In the same brief, the Justice Department writes: “If the Court intends to itself grant access to classified information directly to the plaintiffs’ counsel, the government requests that the Court again provide advance notice of any such order, as well as an ex parte, in camera description of the information it intends to disclose, to enable the government to either make its own determination about whether counsel has a need to know, or to withdraw that information from submission to the Court and use in this case. If the Court rejects either action by the government, the government again requests that the Court stay proceedings while the government considers whether to appeal any such order.” The statement is an implied threat that the Justice Department lawyers will themselves physically remove the document from the court files if the judge says he has the right to allow Al Haramain’s lawyers to see it.
Response from Plaintiff's Attorney - Jon Eisenberg, a lawyer for Al-Haramain, says in an e-mail: “It’s a not-so-thinly veiled threat to send executive branch authorities (the FBI? the Army?) to Judge [Virginia] Walker’s chambers to seize the classified material from his files! In my view, that would be an unprecedented violation of the constitutional separation of powers. I doubt anything like it has happened in the history of this country.” Eisenberg says that the Obama administration, through the Justice Department, “seems to be provoking a separation-of-powers confrontation with Judge Walker.”
Administration's Second Use of State Secrets - This is the second time the Obama administration has invoked the “state secrets” privilege to keep information secret (see February 9, 2009). Marc Rotenberg of the Electronic Privacy Information Center (EPIC) says: “In the Bush administration, the state secrets doctrine was used to buttress the power of the president and make it difficult if not impossible to contest such issues as presidential authority to conduct warrantless wiretapping in the United States. We would think that when such disagreements occur, it’s properly before the judiciary to resolve them. But the Bush administration asserted the state secrets doctrine for the purpose of making it effectively impossible for courts to review the matter.” The Al Haramain case is significant because of “the apparent willingness of the Obama administration’s Justice Department to carry further that same argument in federal court. It is of great concern.” [Washington Independent, 3/2/2009]

Entity Tags: Obama administration, Bush administration (43), Al Haramain Islamic Foundation, Jon Eisenberg, US Department of Justice, Marc Rotenberg, Virginia Walker

Timeline Tags: Civil Liberties

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