Profile: Bush administration (43)
a.k.a. George W. Bush administration
July 7, 2003
“There is other reporting to suggest that Iraq tried to obtain uranium from Africa. However, the information is not detailed or specific enough for us to be certain that attempts were in fact made.”
[New York Times, 7/8/2003]
Bush administration (43) was a participant or observer in the following events:
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In the lead-up to the war, top Bush administration officials make strong statements asserting that Saddam Hussein possesses weapons of mass destruction. The administration claims that it has incontrovertible evidence, though no such evidence is disclosed to the public—neither before nor after the invasion. [Chicago Tribune, 2/7/2002; Daily Telegraph, 8/21/2002; Guardian, 8/22/2002; White House, 8/26/2002; US Department of Defense, 9/3/2002; Associated Press, 9/3/2002; United Press International, 9/3/2002; Associated Press, 9/8/2002; NewsMax, 9/8/2002; PBS, 9/12/2002; US President, 9/16/2002; US President, 10/14/2002; CBC News, 12/5/2002; Associated Press, 1/7/2003; White House, 1/9/2003; US President, 2/3/2003; US Department of State, 2/5/2003; US Department of State, 2/5/2003; White House, 3/21/2003; US President, 3/24/2003; Age (Melbourne), 6/7/2003; Village Voice, 6/18/2003; Sunday Herald (Glasgow), 7/13/2003; Carnegie Endowment for International Peace, 7/17/2003; Fox News, 8/20/2003; Associated Press, 12/5/2003] Then-deputy press secretary Scott McClellan later observes: “[A]s the campaign [to sell the Iraq war to the American public] accelerated, caveats and qualifications were downplayed or dropped altogether. Contradictory intelligence was largely ignored or simply disregarded. Evidence based on high confidence from the intelligence community was lumped together with intelligence of lesser confidence. A nuclear threat was added to the biological and chemical threats to create a greater sense of urgency. Support for terrorism was given greater weight by playing up dubious al-Qaeda connections to Iraq. When it was all packaged together, the case constituted a ‘grave and gathering danger’ (see September 16, 2002) that needed to be dealt with urgently.” [McClellan, 2008, pp. 144-145]
Michele Merkel, a staff attorney in the EPA’s enforcement division whose specialty is in the area of factory farming, resigns because of the administration’s reluctance to enforce federal regulatory laws and because she believes the livestock industry has too much influence on EPA oversight of factory farms. [Los Angeles Times, 6/3/2002; Knight Ridder, 5/16/2004; Grist Magazine, 5/24/2004] “Once the Bush team came in, I was not allowed to pursue any further air lawsuits against CAFOs [concentrated animal feeding operations],” she tells Muckraker. “We got political cover to continue what was underway, but I was told that new efforts were off-limits. It wasn’t just coming from my EPA superiors, it was coming from the White House.” [Grist Magazine, 5/24/2004] “Ultimately what drove me out of the agency was the anti-enforcement philosophy of the current administration,” Merkel tells the Los Angeles Times. [Los Angeles Times, 6/3/2002]
Pentagon chief of public relations Victoria Clarke. [Source: Department of Defense]While detailed plans for the upcoming invasion of Iraq are well underway, the administration realizes that the American people are not strongly behind such an invasion. They aren’t convinced that Saddam Hussein was responsible for the 9/11 attacks, and unsure about Iraq having weapons of mass destruction. White House and Pentagon officials decide that using retired military officers as “independent military analysts” in the national media can help change hearts and minds (see April 20, 2008). Assistant secretary of defense for public affairs Victoria “Torie” Clarke, a former public relations executive, intends to achieve what she calls “information dominance.” The news culture is saturated by “spin” and combating viewpoints; Clarke argues that opinions are most swayed by voices seen as authoritative and completely independent. Clarke has already put together a system within the Pentagon to recruit what she calls “key influentials,” powerful and influential people from all areas who, with the proper coaching, can generate support for Defense Secretary Donald Rumsfeld’s agenda. After 9/11, when each of the news networks rushed to land its own platoon of retired military officers to provide commentary and analysis, Clarke saw an opportunity: such military analysts are the ultimate “key influentials,” having tremendous authority and credibility with average Americans. They often get more airtime than network reporters, Clarke notes. More importantly, they are not just explaining military minutiae, but telling viewers how to interpret events. Best of all, while they are in the news media, they are not creatures of the media. Reporter David Barstow will write in 2008, “They were military men, many of them ideologically in sync with the administration’s neoconservative brain trust, many of them important players in a military industry anticipating large budget increases to pay for an Iraq war.” And even those without such ties tended to support the military and the government. Retired Army general and ABC analyst William Nash will say: “It is very hard for me to criticize the United States Army. It is my life.”
'Writing the Op-Ed' for the War - As a result, according to Clarke’s aide Don Meyer, Clarke decides to make the military analysts the main focus of the public relations push to build a case for invading Iraq. They, not journalists, will “be our primary vehicle to get information out,” Meyer recalls. The military analysts are not handled by the Pentagon’s regular press office, but are lavished with attention and “perks” in a separate office run by another aide to Clarke, Brent Krueger. According to Krueger, the military analysts will, in effect, be “writing the op-ed” for the war.
Working in Tandem with the White House - The Bush administration works closely with Clarke’s team from the outset. White House officials request lists of potential recruits for the team, and suggests names for the lists. Clarke’s team writes summaries of each potential analyst, describing their backgrounds, business and political affiliations, and their opinions on the war. Rumsfeld has the final say on who is on the team: “Rumsfeld ultimately cleared off on all invitees,” Krueger will say. Ultimately, the Pentagon recruits over 75 retired officers, though some only participate briefly or sporadically.
Saturation Coverage on Cable - The largest contingent of analysts is affiliated with Fox News, followed by NBC and CNN, the networks with 24-hour cable news coverage. Many analysts work for ABC and CBS as well. Many also appear on radio news and talk broadcasts, publish op-ed articles in newspapers, and are quoted in press reports, magazine articles, and in Web sites and blogs. Barstow, a New York Times reporter, will note that “[a]t least nine of them have written op-ed articles for The Times.”
Representing the Defense Industry - Many of the analysts have close ties with defense contractors and/or lobbying firms involved in helping contractors win military contracts from the Pentagon:
Retired Army general James Marks, who begins working as an analyst for CNN in 2004 (until his firing three years later—see July 2007) is a senior executive with McNeil Technologies, and helps that firm land military and intelligence contracts from the government.
Thomas McInerney, a retired Air Force general and Fox News analyst, sits on the boards of several military contractors.
CBS military analyst Jeffrey McCausland is a lobbyist for Buchanan Ingersoll & Rooney, a major lobbying firm where he is director of a national security team that represents several military contractors. His team proclaims on the firm’s Web site, “We offer clients access to key decision makers.”
Shortly after signing with CBS, retired Air Force general Joseph Ralston became vice chairman of the Cohen Group, a consulting firm headed by former Defense Secretary William Cohen (also an analyst for CNN). The Cohen Group says of itself on its Web site, “The Cohen Group knows that getting to ‘yes’ in the aerospace and defense market—whether in the United States or abroad—requires that companies have a thorough, up-to-date understanding of the thinking of government decision makers.”
Ideological Ties - Many military analysts have political and ideological ties to the Bush administration and its supporters. These include:
Two of NBC’s most familiar analysts, retired generals Barry McCaffrey and Wayne Downing, are on the advisory board of the Committee for the Liberation of Iraq, an advocacy group created with White House encouragement in 2002 to push for the overthrow of Saddam Hussein. [New York Times, 4/20/2008] Additionally, McCaffrey is chief of BR McCaffrey Associates, which “provides strategic, analytic, and advocacy consulting services to businesses, non-profits, governments, and international organizations.” [Washington Post, 4/21/2008] Other members include senators John McCain (R-AZ) and Joseph Lieberman (D-CT), and prominent neoconservatives Richard Perle and William Kristol. [Truthout (.org), 4/28/2008] Both McCaffrey and Downing head their own consulting firms and are board members of major defense contractors.
Retired Army general Paul Vallely, a Fox News analyst from 2001 through 2007, shares with the Bush national security team the belief that the reason the US lost in Vietnam was due to negative media coverage, and the commitment to prevent that happening with the Iraq war. In 1980, Vallely co-wrote a paper accusing the US press of failing to defend the nation from what he called “enemy” propaganda—negative media coverage—during the Vietnam War. “We lost the war—not because we were outfought, but because we were out Psyoped,” he wrote. Vallely advocated something he called “MindWar,” an all-out propaganda campaign by the government to convince US citizens of the need to support a future war effort. Vallely’s “MindWar” would use network TV and radio to “strengthen our national will to victory.” [New York Times, 4/20/2008]
Ironically, Clarke herself will eventually leave the Pentagon and become a commentator for ABC News. [Democracy Now!, 4/22/2008]
Seducing the Analysts - Analysts describe a “powerfully seductive environment,” in Barstow’s words, created for them in the Pentagon: the uniformed escorts to Rumsfeld’s private conference room, lavish lunches served on the best government china, embossed name cards, “blizzard[s] of PowerPoints, the solicitations of advice and counsel, the appeals to duty and country, the warm thank you notes from the secretary himself.” Former NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, says: “[Y]ou have no idea. You’re back. They listen to you. They listen to what you say on TV.” Allard calls the entire process “psyops on steroids,” using flattery and proximity to gain the desired influence and effect. “It’s not like it’s, ‘We’ll pay you $500 to get our story out,’” Allard says. “It’s more subtle.”
Keeping Pentagon Connections Hidden - In return, the analysts are instructed not to quote their briefers directly or to mention their contacts with the Pentagon. The idea is always to present a facade of independent thought. One example is the analysts’ almost perfect recitation of Pentagon talking points during a fall and winter 2002 PR campaign (see Fall and Winter 2002). [New York Times, 4/20/2008]
Entity Tags: Richard Perle, Paul Vallely, Thomas G. McInerney, William S. Cohen, Wayne Downing, US Department of Defense, William Nash, William Kristol, New York Times, Joseph Ralston, Kenneth Allard, CBS News, Bush administration (43), Brent T. Krueger, Barry McCaffrey, ABC News, CNN, Committee for the Liberation of Iraq, David Barstow, Don Meyer, Joseph Lieberman, John McCain, NBC, Jeffrey McCausland, Fox News, Donald Rumsfeld, James Marks, Victoria (“Torie”) Clarke
Timeline Tags: US Military, Events Leading to Iraq Invasion, Domestic Propaganda
The Travel Industry Association of America (TIA) coordinates its effort with the Bush administration to sell America’s airlines and hotel chains to consumers after the 9/11 attacks (see September 27, 2001). According to the TIA, “Travel was also linked to patriotic duty with expressions, such as ‘A return to travel is normal. Restoring travel is restoring our country’s economy.’” President Bush, apparently unaware that sitting presidents do not normally appear in industry ad campaigns, appears in “public service” ads created by TIA. The ads are part of a $20 million advertising campaign steered by, among others, J. W. “Bill” Marriott of Marriott International, one of the world’s largest hotel chains. Marriott personally solicited Bush’s participation in the television advertisements, which run throughout the US and in a number of foreign countries for four weeks. According to TIA polls, the Bush ad campaign reaches 70 percent of Americans, and most understand it as an appeal to travel and spend money. In 2008, author and public policy professor Alasdair Reynolds will write, “Many Americans appreciated that there was something strangely out of kilter about the president’s prominent role in boosting consumption in a moment of crisis.” [Association of Travel Marketing Executives, 2002; Roberts, 2008, pp. 90]
Members of the US Fifth Special Forces Group pose with future Afghan president Hamid Karzai, whom they are protecting.
[Source: US Military]The Atlantic Monthly will later report, “By the beginning of 2002, US and Northern Alliance forces had beaten the Taliban but lost bin Laden. At that point the United States faced a consequential choice: to bear down even harder in Afghanistan, or to shift the emphasis in the global war on terror somewhere else.… Implicitly at the beginning of 2002, and as a matter of formal policy by the end, it placed all other considerations second to regime change in Iraq.” [Atlantic Monthly, 10/2004] In February, 2002, Gen. Tommy Franks allegedly tells Sen. Bob Graham (D-FL), “Senator, we have stopped fighting the war on terror in Afghanistan. We are moving military and intelligence personnel and resources out of Afghanistan to get ready for a future war in Iraq” (see February 19, 2002). [Council on Foreign Relations, 3/26/2004] This shift from Afghanistan to Iraq involves a change of focus and attention (see Early 2002). Additionally, while the total number of US troops (less than 10,000) in Afghanistan does not go down, there is a considerable shift of specialized personnel and equipment many months before the war in Iraq will begin:
On February 15, 2002, President Bush directs the CIA to conduct operations in Iraq (see Early 2002). In mid-March, the CIA tells the White House that it is cutting back operations in Afghanistan (see Spring 2002).
Most of Task Force 5, a top-secret elite CIA and military special forces group, is called home from Afghanistan to prepare for operations in Iraq (see Early 2002).
In March 2002, Fifth Group Special Forces, an elite group whose members speak Arabic, Pashtun, and Dari, that is apparently different from Task Force 5, is sent from Afghanistan to Iraq (see March 2002).
The US Air Force’s only two specially-equipped spy planes that had successfully intercepted the radio transmissions and cell phone calls of al-Qaeda’s leaders are pulled from Afghanistan to conduct surveillance over Iraq. NSA satellites are “boreholed,” (or redirected) from Afghanistan to Iraq as well
(see May 2002).
Almost all Predator drones are withdrawn from Afghanistan and apparently moved to the Persian Gulf region for missions over Iraq (see April 2002).
More personnel will shift to Iraq in late 2002 and early 2003 (see Late 2002-Early 2003). In 2007, retired US Gen. James L. Jones, a former NATO supreme commander, will say that Iraq caused the US to “take its eye off the ball” in Afghanistan. [New York Times, 8/12/2007]
Entity Tags: Osama bin Laden, National Security Agency, Thomas Franks, George W. Bush, Flynt Leverett, Al-Qaeda, James L. Jones, Bush administration (43), Daniel Robert (“Bob”) Graham, Central Intelligence Agency, Taliban
Timeline Tags: Complete 911 Timeline, War in Afghanistan
The US State Department asks the government of Brazil to remove Jose Bustani from his position as director-general of the Organization for the Prohibition of Chemical Weapons (OPCW), because the US is uncomfortable with his “management style” and his plan to convince Iraq to join the OPCW (see Between January 20, 2001 and June 2001). Brazil refuses. George Monbiot of the Guardian will note that the request is in violation of the chemical weapons convention, which states: “The director-general… shall not seek or receive instructions from any government.” [Guardian, 4/16/2002]
White House political guru Karl Rove tells the Republican National Committee: “We can go to the American people on this issue of winning the war [against terrorism]. We can go to the country on this issue because they trust the Republican Party to do a better job of protecting and strengthening America’s military might and thereby protecting America.” In 2008, current deputy White House press secretary Scott McClellan will write: “Rove was the first administration official to publicly make the case for winning the war as a partisan issue, a marked shift in tone from [President] Bush’s repeated emphasis on unity and bipartisanship in confronting and defeating radical Islam.… Rove’s candor about this strategy infuriated suspicious Democrats, who condemned Rove for trying to politicize the war.” Bush will soon begin campaigning for Republicans in the midterm elections using Rove’s strategy. McClellan will note: “As governor [of Texas], he’d maintained good relations with friendly legislators by refusing to campaign against them, even if they were members of the opposing party. Bush’s actions prompted concern and anxiety among Democrats.” [McClellan, 2008, pp. 112-113]
Some of the weapons found aboard the ‘Karine A.’ [Source: Associated Press / BBC]Israeli commandos seize a freighter, the “Karine A” (or “Karin A”), in the Red Sea 300 miles off the coast of Israel, in an operation dubbed “Operation Noah’s Ark.” Eli Marum, an Israeli Navy operations chief, says the operation took less than eight minutes and did not require a single shot being fired. “The crew was fully surprised,” he says. “They did not anticipate that we would strike so far out into the Red Sea.” Israeli officials claim the freighter contains a large store of Iranian-supplied weapons—including Katyusha rockets capable of destroying tanks, mortars, grenades, Kalashnikov assault rifles, anti-tank missiles, high explosives, and two speedboats—for use by Palestinian fighters against Israeli targets. The Palestinian Authority is forbidden by treaty to own such weaponry. Israel also claims that the captain of the freighter, Omar Akawi, has direct ties to the Palestinian Authority and to its leader, Yasser Arafat. (According to Israeli sources, Akawi claims he is a member of Arafat’s organization Fatah.) Defense Minister Binyamin Ben-Eliezer tells European Union (EU) authorities that the freighter “was purchased by the Palestinian Authority after September 11” and that “the whole operation was managed and funded by the Palestinian Authority in cooperation with Iran and other sources.” [BBC, 1/10/2002; Guardian, 1/21/2002; Jewish Virtual Library, 2009] “What Iran is trying to do is create another base, besides its base in Lebanon” to threaten Israel, says Major General Giora Eiland, the Israeli Army’s chief of planning. [New York Times, 1/12/2002]
Arafat's Denials - Initially, Arafat denies any connection whatsoever with the shipment, accusing Israel of fomenting a propaganda attack to thwart US-led efforts to implement a cease-fire agreement, and says Israel “fabricated” the whole affair. Ahmed Abdel Rahman, the secretary general of the Palestinian cabinet, calls the operation “an Israeli trap.” Later, Arafat continues to insist that he had no involvement in the affair, but admits that he cannot control “everyone” in the Palestinian Authority. American and Israeli intelligence officials note that the weaponry on board the “Karine A” is similar to that of a “wish list” allegedly drawn up by senior Palestinian officials under Arafat’s direction. [New York Times, 1/12/2002; Jewish Virtual Library, 2009]
Propaganda by Israel? - Some, such as Guardian reporter Brian Whitaker, believe that Israel is using the incident to persuade the EU to stop funding the Palestinian Authority. And, Whitaker notes, Israeli lawmakers and pundits such as former President Benjamin Netanyahu are using the incident to argue that the idea of Palestinian statehood be permanently scrapped. Whatever the truth of the matter, the attempts suffer setbacks when documents show that an Iraqi, Ali Mohamed Abbas, purchased the ship, and other records disprove the Israelis’ claims about the ship’s cargo, which Israel says it picked up in Yemen. It seems clear that the freighter was indeed carrying weapons, but little of Israel’s other claims—they were Iranian in origin and intended for Palestinian use against Israel—are borne out by ascertainable facts.
Hezbollah Connection? - American intelligence sources later speculate that the weapons may have been intended for Hezbollah, the Lebanese Shi’ite militant organization with close ties to Iran, and not the Palestinians. Israel is initially resistant to the idea, but Israeli defense sources later tell Israeli reporters that it was “certainly possible that some of the arms were earmarked for Hizbullah,” though it is certain that most “were clearly bound for the Palestinian Authority.” Whitaker echoes skeptics’ disbelief about the Hezbollah claim, noting that there are easier and more secure methods of delivering arms to Lebanon than a risky sea voyage past Israeli patrol boats. [Guardian, 1/21/2002] Israel names reputed senior Hezbollah security officer Imad Mughniyeh as a key figure in the incident. Mughniyeh has not been heard from for years by Western intelligence, but is wanted by the FBI for his participation in kidnapping Americans in Beirut during the 1980s and the hijacking of a TWA passenger plane. The BBC reports, “Correspondents say the Israeli government has been going to great lengths to convince Washington that the Palestinian leader Yasser Arafat is linked to Tehran and the pro-Iranian Hezbollah, and hence to what it sees as international terrorism.” [BBC, 1/10/2002]
Iranian Connection Unlikely - And the Iranian connection is similarly hard to swallow. Though Israel insists that the arms prove a new and disturbing connection between Iran and Palestinian militants, Whitaker writes, “most non-Israeli observers of Iran ridicule the idea totally, for a variety of historical, political and religious reasons. It also conflicts with the foreign policies adopted by [Iranian] President [Mohamed] Khatami.” He goes on to add: “The trouble with Iran, though—as one Iranian exile remarked last week—is that it has two governments and 10,000 leaders. If you are going to pin blame, you have to determine which one is responsible.” Whitaker is referring to Iran’s religious and secular leaders, who are often at odds with one another, and to the propensity of Iranian leaders from both sides to conduct independent operations without “official” government sanction. [Guardian, 1/21/2002] The New York Times notes: “Iran’s government has dismissed the Israeli accusations. But Iran’s Revolutionary Guards have discretionary funds and access to weapons, and they often run operations independent of the elected government of… Khatami.” [New York Times, 1/12/2002] The “Karine A” incident helps prompt Bush officials to include Iran as a member of the so-called “axis of evil,” disrupting backchannel negotiations between Iranian and US officials (see January 29, 2002).
Entity Tags: Fatah al-Islam, Omar Akawi, Giora Eiland, Hezbollah, Eli Marum, Bush administration (43), Brian Whitaker, Ahmed Abdel Rahman, Yasser Arafat, Hojjat ol-Eslam Seyyed Mohammad Khatami, Imad Mughniyeh, Benjamin Ben-Eliezer, Benjamin Netanyahu, Ali Mohamed Abbas
Timeline Tags: US International Relations
White House counsel Alberto Gonzales issues a letter stating that the administration’s refusal to turn over documents about possible FBI malfeasance to Dan Burton (R-IN), the chairman of the House Government Reform Committee, is consistent with long-standing Justice Department policy. Gonzales’s assertion will be disputed by the Committee, based on an assessment by law Professor Charles Tiefer of the University of Baltimore (see December 13, 2001). [Dean, 2004, pp. 87]
EPA staffers meet with the agency’s top pollution regulator, Jeffrey Holmstead, in his fifth-floor conference room to discuss a February 2004 deadline for creating a rule governing formaldehyde emissions at wood products plants. Holmstead, a lawyer, formerly worked at Latham & Watkins representing one of the nation’s largest plywood producers. Also present at the meeting is William Wehrum, the EPA air office’s general counsel, who had also represented timber interests as a partner of the same law firm. They meet with Timothy Hunt, a lobbyist for the American Forest & Paper Association who is an old acquaintance of Holmstead, and with Claudia M. O’Brien, the association’s lawyer. O’Brien had previously been a law partner of Holmstead’s and Wehrum’s at Latham & Watkins. During the meeting she proposes to exempt “low-risk” plywood, particleboard and other plants from strict emission controls, arguing that such facilities are often located in isolated areas where their emissions pose a relatively small risk to public health. She also contends that the expense of adding new controls to the plants, which the industry complains could cost as much as $1 billion, would make them vulnerable to foreign competition. Holmstead likes the idea and decides that the agency should push the proposal, despite opinions from EPA career attorneys that the exemption would violate the 1990 Clean Air Act amendments (see March 2003). [Los Angeles Times, 5/21/2004]
Pakistani President General Pervez Musharraf says that he thinks Osama bin Laden is most likely dead because he has been unable to get treatment for his kidney disease. “I think now, frankly, he is dead for the reason he is a… kidney patient,” says Musharraf in an interview with CNN. According to Musharraf, Pakistan knows bin Laden took two dialysis machines into Afghanistan, and, “One was specifically for his own personal use.” Musharraf adds: “I don’t know if he has been getting all that treatment in Afghanistan now. And the photographs that have been shown of him on television show him extremely weak.… I would give the first priority that he is dead and the second priority that he is alive somewhere in Afghanistan.” However, some US officials are skeptical of this. One senior Bush administration official says Musharraf reached a “reasonable conclusion,” but warns it is only a guess. “We don’t have remains or evidence of his death. So it is a decent and reasonable conclusion—a good guess but it is a guess,” says the official. He adds that US intelligence indicates bin Laden needs dialysis every three days and, “it is fairly obvious that that could be an issue when you are running from place to place, and facing the idea of needing to generate electricity in a mountain hideout.” However, another US official contradicts the reports of bin Laden’s health problems, saying there is “no evidence” the suspected terrorist mastermind has ever suffered kidney failure or required kidney dialysis. The official calls such suggestions a “recurrent rumor.” [CNN, 1/18/2002]
John Bellinger, the White House’s chief national security counsel, sends his supervisor, National Security Adviser Condoleezza Rice, what he thinks is a private memo with a blunt warning about the legality of the proposal to ignore the Geneva Conventions in interrogating terror suspects (see January 18-25, 2002). The proposal, Bellinger writes, will place Bush in direct breach of international law and threaten the most fundamental cooperation from allied governments. Faxes from other governments, even Britain, have been pouring into the State Department warning that they cannot turn over suspects to the US if the Bush administration withdraws from accepted legal norms. The Bellinger memo quickly finds its way into Vice President Cheney’s office, to Bellinger’s chagrin; Cheney is reportedly “concerned” about Belliger’s advice. Bellinger does not know until now that any documents prepared for Rice are always “routed outside the formal process” to Cheney. The reverse does not apply. Bellinger is unaware of just how systematically he is being cut out of the decision-making process. [Ledger (Lakeland FL), 10/24/2004; Washington Post, 6/24/2007]
George Melloan, a deputy editor of the Wall Street Journal editorial page, calls on the Bush administration to adopt a hardline policy toward Iran. “Mr. Bush has already advised the clerics to butt out of Afghanistan. Next will come attention to Iran’s support of terrorism. It will need to start with a demand that Iran, the PLO and Hezbollah recognize Israel’s right to exist or accept the consequences of refusal.” [Wall Street Journal, 1/19/2002]
Senator Carl Levin (D-MI), the chairman of the investigations subcommittee of the Senate Governmental Affairs Committee, and fellow senators Byron Dorgan (D-ND), Ernest Hollings (D-SC), and Joseph Lieberman (D-CT) ask the General Accounting Office (GAO) to evaluate the process by which the Bush administration’s energy policy has been developed (see May 16, 2001). The senators’ request is apparently in support of the GAO’s long-blocked investigation of Vice President Cheney’s energy task force (see January 29, 2001). [General Accounting Office, 8/25/2003 ]
Uzi Arad. [Source: Jerusalem Post]Israeli officials tell Bush officials shortly after the president’s “axis of evil” speech (see January 29, 2002) that of the three countries on the list—Iran, Iraq, and North Korea—Iraq is a distant third as far as posing any threat to its neighbors. But Bush officials have a plan. According to former Mossad director of intelligence Uzi Arad, who served as Benjamin Netanyahu’s foreign policy advisor, those officials respond, “Let’s do first things first. Once we do Iraq, we’ll have a military presence in Iraq, which would enable us to handle the Iranians from closer quarters, would give us more leverage.” (Netanyahu, in the years following his term as Israel’s prime minister, will become an outspoken advocate for military strikes against Iran—see November 17, 2006). [Vanity Fair, 3/2007]
The Bush administration decides to drop its plan to nominate Dr. Alastair J. J. Wood as commissioner of the Food and Drug Administration. An article recently posted on the conservative National Review Online’s website warned that Wood is not friendly to industry interests. “The people I know in clinical pharmacology, in the research trenches, went berserk when they heard about Wood,” wrote Robert Goldberg, a senior fellow at New York’s Manhattan Institute, a free-market think tank. Goldberg said the doctor is overly obsessed with drug safety and asserts, falsely, that Wood is “a buddy of Senator Ted Kennedy.” The attack on Wood was continued in the editorial pages of the Wall Street Journal six days later in a piece titled “It’s Not Ted’s FDA.” Shortly after the publication of these articles, the White House calls Wood to inform him that the administration is no longer considering his nomination for commissioner, a post that has been vacant for more than a year. Republican Senator Bill Frist—the person who had recommended Wood’s nomination—tells the Boston Globe that the White House was concerned that Wood “put too much emphasis on the safety.” Wood’s track record was evidence that he might take an aggressive approach to regulating drugs. He previously called for an independent board to investigate potentially deadly drugs. The current policy is to allow the drug companies to do their own studies on adverse drug reactions and then provide these results to the FDA. Wood has also said that he believes the current FDA regulatory process has an inherent conflict of interest because the same department that approves drugs is also in charge of reviewing the safety of those drugs post-approval, a criticism that is shared by at least one FDA insider (see November 18, 2004). Furthermore, in May 2001, Wood supported making three allergy prescription drugs—Pfizer’s Zyrtec, Schering-Plough’s Claritin, and Aventis’s Allegra—available over-the-counter (OTC). The companies were opposed to the idea because OTC drugs are often sold at lower prices and are not typically covered by insurance. During a panel discussion on the issue, Wood had noted, “What we have today is an unseemly parade of people trying to protect their own financial interests.” [Boston Globe, 5/27/2002]
Flynt Leverett. [Source: Publicity photo]In the wake of the 9/11 attacks, Iran is supportive of US efforts to defeat the Taliban, since the Taliban and Iran have opposed each other. In 2006, Flynt Leverett, the senior director for Middle East affairs on the National Security Council in 2002 and 2003, will recall this cooperation between Iran and the US in a heavily censored New York Times editorial. Gulbuddin Hekmatyar, a notorious Afghan warlord with close ties to bin Laden (see 1984), had been living in Iran since the Taliban came to power in the 1990s. Leverett claims that in December 2001 Iran agrees to prevent Hekmatyar from returning to Afghanistan to help lead resistance to US-allied forces there, as long as the Bush administration does not criticize Iran for harboring terrorists. “But, in his January 2002 State of the Union address, President Bush did just that in labeling Iran part of the ‘axis of evil’ (see January 29, 2002). Unsurprisingly, Mr. Hekmatyar managed to leave Iran in short order after the speech.” [New York Times, 12/22/2006] Hekmatyar apparently returns to Afghanistan around February 2002. He will go on to become one of the main leaders of the armed resistance to the US-supported Afghan government. Iranian cooperation with the US over Afghanistan will continue in a more limited manner, with Iran deporting hundreds of suspected al-Qaeda and Taliban operatives who had fled Afghanistan, while apparently keeping others. But the US will end this cooperation in 2003. [BBC, 2/14/2002; USA Today, 5/21/2003; New York Times, 12/22/2006]
Vice President Dick Cheney prepares for a March trip to the Middle East. According to public statements by the Bush administration, Cheney will be conferring with Arab leaders on US Iraq policy. However, a senior Bush administration official tells the Philadelphia Inquirer: “He’s not going to beg for support. He’s going to inform them that the president’s decision has been made and will be carried out, and if they want some input into how and when it’s carried out, now’s the time for them to speak up.” [Philadelphia Inquirer, 2/13/2002]
The Defense Intelligence Agency issues a four-page Defense Intelligence Terrorism Summary (DITSUM No. 044-02) stating that it is probable that prisoner Ibn al-Shaykh al-Libi intentionally misled debriefers when he claimed Iraq was supporting al-Qaeda in working with illicit weapons. During interviews with al-Libi, the DIA noted the Libyan al-Qaeda operative could not name any Iraqis involved, any chemical or biological material used, or where the alleged training took place. “It is possible he does not know any further details; it is more likely this individual is intentionally misleading the debriefers,” the report says. “Ibn al-Shaykh has been undergoing debriefs for several weeks and may be describing scenarios to the debriefers that he knows will retain their interest.” The DIA report is presumably circulated widely within the government, and is available to the CIA, the White House, the Pentagon, the National Security Council, and other agencies.
No Evidence of Connections between Iraq, al-Qaeda - On the general subject of Iraq’s alleged ties to al-Qaeda, the DIA report notes: “Saddam [Hussein]‘s regime is intensely secular and is wary of Islamic revolutionary movements. Moreover, Baghdad is unlikely to provide assistance to a group it cannot control.” The report also questions the reliability of information provided by high-value al-Qaeda detainees being held in secret CIA facilities or who have been “rendered” to foreign countries where they are believed to undergo harsh interrogation tactics.
Using al-Libi's Information to Bolster Case for War - Information supplied by al-Libi will be the basis for a claim included in an October 2002 speech (see October 7, 2002) by President Bush, in which he states, “[W]e’ve learned that Iraq has trained al-Qaeda members in bomb making and poisons and gases.” Intelligence provided by al-Libi will also be included in Colin Powell’s February speech (see February 5, 2003) to the UN. In that speech, Powell will cite “the story of a senior terrorist operative telling how Iraq provided training in these weapons to al-Qaeda.” [New York Times, 11/6/2005; Washington Post, 11/6/2005; Los Angeles Times, 11/7/2005; Newsweek, 11/10/2005]
Report Released as Proof of Administration's Reliance on Poor Intelligence Sources - Declassified portions of the DIA report will be issued on November 6, 2005 by two senators, Carl Levin (D-MI) and John D. Rockefeller (D-WV). Rockefeller will tell CNN that al-Libi is “an entirely unreliable individual upon whom the White House was placing a substantial intelligence trust.” The situation was, Rockefeller will say, “a classic example of a lack of accountability to the American people.” [Los Angeles Times, 11/7/2005]
Entity Tags: Ibn al-Shaykh al-Libi, US Department of Defense, National Security Council, George W. Bush, Saddam Hussein, Colin Powell, Al-Qaeda, Defense Intelligence Agency, Bush administration (43), John D. Rockefeller, Carl Levin, Central Intelligence Agency
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion
Jim Kelly. [Source: ViewImages.com]Undersecretary of State Jim Kelly, slated to try to revive the US’s attempts to negotiate with North Korea over that nation’s nuclear weapons program, goes to South Korea in preparation for President Bush to visit Seoul. Kelly is fully aware that the Bush administration has gone out of its way to undermine and disrupt the Clinton-era negotiations with North Korea, and a year before had insulted then-President Kim Dae Jung over the issue (see March 7, 2001). Now South Korea has a new president, Roh Moo Hyun, a populist with the same intentions of reopening a dialogue with North Korea as his predecessor. Charles Pritchard, the Bush administration’s special North Korean envoy, accompanies Kelly on the visit, and later recalls: “The conversation in the streets of Seoul was, ‘Is there going to be a war? What will these crazy Americans do?’” When Kelly and Pritchard meet with Roh, the president tells them, “I wake up in a sweat every morning, wondering if Bush has done something unilaterally to affect the [Korean] peninsula.” Bush’s visit to South Korea does little to ease tensions or convince North Korea to consider abandoning its uranium enrichment program (see October 4, 2002). [Washington Monthly, 5/2004]
The Bush administration proposes to reduce the US Army Corps of Engineers’ fiscal year 2003 budget by 10 percent, from $4.6 to $4.175 billion. (The Corps requested more than $6 billion.) [Clarion Ledger, 3/7/2002]
The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 ; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]
Senior Bush administration officials say President Bush has decided to oust Iraqi despot Saddam Hussein from power. “This is not an argument about whether to get rid of Saddam Hussein,” one official says. “That debate is over. This is… how you do it.”
CIA, Pentagon Making Plans for Regime Change - Bush has ordered the CIA, the Pentagon, and other agencies to come up with a plan combining military, diplomatic, and covert actions to force Hussein from power. A military strike is not yet imminent, but Bush has decided that Hussein and his putative weapons of mass destruction are such a threat to US security that he must be removed from power, even if US allies do not help. The CIA has already presented Bush with a plan to destabilize Hussein’s regime, incorporating covert action campaigns, sabotage, information warfare, and stepped-up bombing runs throughout the northern and southern “no-fly” zones. Bush is reportedly enthusiastic about the plan, and the CIA has begun assigning officers to the task. Reporters Warren P. Strobel and John Walcott write: “The president’s decision has launched the United States on a course that will have major ramifications for the US military, the Middle East’s future political alignment, international oil flows, and Bush’s own war on terrorism.”
Some Allies Dubious - Allies such as Russia have already expressed grave doubts about the wisdom of such a series of actions, and military experts warn that any campaign in Iraq would be long, bloody, and difficult to bring to a satisfactory conclusion. Nevertheless, one foreign leader who recently met with Bush came away “with the feeling that a decision has been made to strike Iraq, and the ‘how’ and ‘when’ are still fluid,” according to a diplomat.
Cheney to Inform Middle Eastern Leaders of US Intentions - Vice President Cheney will soon depart for a visit to 11 Middle East nations; while the public explanation is that he wants to listen to those nations’ views on the US’s Iraq policy, in reality, Cheney will inform them that the US will overthrow the Hussein regime. One senior official says: “He’s not going to beg for support. He’s going to inform them that the president’s decision has been made and will be carried out, and if they want some input into how and when it’s carried out, now’s the time for them to speak up.” At least one Middle Eastern ally, Egypt, has reservations about such a plan. Egyptian Ambassador Nabil Fahmy said last week that Bush should keep the US focus on fighting international terrorism, where he has broad international backing. “If you mix two issues together, you will lose this focus,” he said.
Debate over Role of Chalabi, INC - There is still sharp debate within the administration over the role that Ahmed Chalabi’s Iraqi National Congress will play in the overthrow and subsequent realignment. Many neoconservatives, particularly in the offices of Vice President Cheney and Defense Secretary Donald Rumsfeld, tout Chalabi as the next leader of Iraq, but others are not sanguine about Chalabi and his organization, with CIA officials warning that the INC is riven by internal debate and undoubtedly riddled with spies from Iraq and Iran. [Knight Ridder, 2/13/2002]
Entity Tags: Warren Strobel, Saddam Hussein, Central Intelligence Agency, Bush administration (43), Ahmed Chalabi, Donald Rumsfeld, George W. Bush, Iraqi National Congress, Richard (“Dick”) Cheney, Nabil Fahmy, John Walcott, US Department of Defense
Timeline Tags: Events Leading to Iraq Invasion
Senior administration officials say the White House intends to create a permanent office of global diplomacy in order to spread a positive image of the United States around the world and combat anti-Americanism, which the administration believes has been caused by the world’s failure to understand America. “A lot of the world does not like America, and it’s going to take years to change their hearts and minds,” an unnamed senior official tells the New York Times. The office will coordinate the public statements of the State, Defense, and the other departments to ensure that foreign governments, media organizations, and opinion-makers understand US policies. The Times reports that according to one official, “global diplomacy as envisioned in the new office will inject patriotism into the punishing 24-hour, seven-day news cycle.” Reports broadcast by the office would include information about both US foreign and domestic policies and would utilize the State Department’s huge communications network of American embassies and media offices. The earlier White House effort to create a more positive image of the United States was handled by the Coalition Information Center, a joint effort between the US and Britain that was led by the president’s senior advisor, Karen P. Hughes. [New York Times, 2/2/2002] The office will be formally created in July and given the name “The Office of Global Communications”
(see July 30, 2002).
David Walker, comptroller of the General Accounting Office (GAO) and a Ronald Reagan appointee, files a lawsuit to compel Vice President Dick Cheney and his office to reveal the names of the private businessmen and organizational officials that his energy task force (see January 29, 2001) met with to craft the Bush administration’s energy policies (see May 8, 2001). This is the first time since its creation in 1920 that the GAO has been forced to file suit to compel another government agency to follow the law and cooperate with its requests. [Dean, 2004, pp. 78-79] In a statement, Walker writes: “This is the first time that GAO has filed suit against a federal official in connection with a records access issue. We take this step reluctantly. Nevertheless, given GAO’s responsibility to Congress and the American people, we have no other choice. Our repeated attempts to reach a reasonable accommodation on this matter have not been successful. Now that the matter has been submitted to the judicial branch, we are hopeful that the litigation will be resolved expeditiously. [General Accounting Office, 2/22/2002 ]
'Fundamental Questions' about Governmental 'Checks and Balances' - Former Nixon White House counsel John Dean will write in 2004: “This was, to say the least, a high-stakes lawsuit. It raised fundamental questions about the very nature of our system of checks and balances. If the GAO could not get the information it requested, then there was a black hole in the federal firmament—a no-man’s land where a president and vice president could go free from Congressional oversight.” By random selection, the case lands in the court of Judge John Bates, a career Justice Department lawyer who once worked for the Whitewater investigative team led by Kenneth Starr, and had just recently been appointed to the bench by President Bush. The choice of Bates will prove critical to the verdict of the case. [Dean, 2004, pp. 78-79]
Schlafly: Secrecy a 'Mistake' - Conservative commentator and activist Phyllis Schlafly will write in 2002: “[T]he public wants to know how our energy policy was developed. When information is kept secret, the natural inference is that there must be something the administration is very eager to hide. While private businesses and households can be selective about what they tell the world, the American people are not willing to accord the same privacy to public officials paid by the taxpayers. Regardless of the legal veil woven over the energy policy meetings, Cheney’s secrecy is a political mistake.” [Eagle Forum, 3/6/2002]
Entity Tags: Kenneth Starr, Phyllis Schlafly, US Department of Justice, Richard (“Dick”) Cheney, John Dean, Government Accountability Office, Bush administration (43), David Walker, George W. Bush, Energy Task Force, John Bates
Timeline Tags: US Environmental Record, Civil Liberties
Eric Schaeffer, 47, head of the EPA’s Office of Regulatory Enforcement, sends his letter of resignation to EPA administrator Christine Whitman. In the letter he says that he and his colleagues have been “fighting a White House that seems determined to weaken the rules that [EPA employees] are trying to enforce.” He complains that the administration is crippling the EPA’s enforcement divisions with budget cuts and that the White House is working with energy-industry lobbyists to weaken the New Source Review provision of the Clean Air Act which requires older coal power plants to install pollution controls when upgrading plant equipment (see August 27, 2003). [Schaeffer, 2/27/2002; Philadelphia Inquirer, 3/1/2002; Washington Monthly, 7/2002; New York Times, 1/5/2004; MSNBC, 4/20/2004]
John Bolton and other US officials fly to Europe and meet with Jose Bustani, head of the Organization for the Prohibition of Chemical Weapons (OPCW). They demand that Bustani quietly resign from his position. Bustani refuses. He later explains to the New York Times, “They said they did not like my management style, but they said they were not prepared to elaborate.” [Guardian, 4/16/2002; Associated Press, 6/5/2005]
The Bush administration shifts its attention from Afghanistan and al-Qaeda to Iraq. White House counterterrorism “tsar” Richard Clarke later recalls: “They took one thing that people on the outside find hard to believe or appreciate. Management time. We’re a huge government, and we have hundreds of thousands of people involved in national security. Therefore you would think we could walk and chew gum at the same time. I’ve never found that to be true.… It just is not credible that the principals and the deputies paid as much attention to Afghanistan or the war against al-Qaeda as they should have.” [Atlantic Monthly, 10/2004] Laurence Pope, an ambassador to Chad, will similarly recall that the change in focus that spring had a particularly damaging effect on operations in Afghanistan. “There was a moment of six months or so when we could have put much more pressure on the tribal areas [to get al-Qaeda], and on Pakistan, and done a better job of reconstruction in Afghanistan. In reality, the Beltway can only do one thing at a time, and because of the attention to Iraq, what should have happened in Afghanistan didn’t.” [Atlantic Monthly, 10/2004] US Intelligence agencies are also affected by the shift in priorities. The CIA’s limited supply of Arabic-speakers and Middle East specialists are redeployed to help meet the increasing demand for intelligence on Iraq. Michael Scheuer, a career CIA officer who was working on capturing bin Laden in Afghanistan at the time, says, “With a finite number of people who have any kind of pertinent experience there [was] unquestionably a sucking away of resources from Afghanistan and al-Qaeda to Iraq, just because it was a much bigger effort.” [Atlantic Monthly, 10/2004] Scheuer adds: “There really wasn’t any balance between the two threats, but clearly by 2002 in the springtime, it was almost taken for granted that we were going to go to war with Iraq… It was a nightmare. I know Tenet was briefed repeatedly by the head of the bin Laden department, that any invasion of Iraq would break the back of our counterterrorism program, and it was just ignored.” [PBS Frontline, 6/20/2006] In addition to a shift in focus, there is a considerable shift of specialized equipment and personnel (see Early 2002).
Crown Prince Abdullah, the de facto leader of Saudi Arabia, flies to Texas to meet with President Bush at his ranch in Crawford. Abdullah has been working to convince Arab leaders to accept a proposed peace treaty between Israel and Palestine (see April 2002), but has had no support from the White House. The course of the meeting is later paraphrased by National Security Council staffer Flynt Leverett, the head of the NSC’s Mideast affairs division. As Leverett will recall, the usually deferential Abdullah tells Bush that he has a direct question and wants a direct answer. Abdullah asks Bush: “Are you going to do anything about the Palestinian issue? If you tell me no, if it’s too difficult, if you’re not going to give it that kind of priority, just tell me. I will understand and I will never say anything critical of you or your leadership in public, but I’m going to need to make my own judgments and my own decisions about Saudi interests.” Bush attempts to stall, telling Abdullah he understands his concerns and that he will see what he can do. Abdullah refuses to be mollified. Standing up, he says: “That’s it. This meeting is over.” Bush retreats to another room with National Security Adviser Condoleezza Rice and Secretary of State Colin Powell to discuss Abdullah’s position. Bush returns shortly thereafter and gives Abdullah his word that he will deal seriously with the Palestinian issue. “Okay,” Abdullah says. “The president of the United States has given me his word.” After the meeting, Powell calls Abdullah’s threat “the near-death experience”; Bush, rolling his eyes, says, “We sure don’t want to go through anything like that again.” As Powell later recalls, “It was a very serious moment and no one wanted to see if the Saudis were bluffing.” It is unclear whether Bush is expressing relief or making a sarcastic comment. [Esquire, 10/18/2007]
The United States tries to exact a vote of no confidence in Jose Bustani, head of the Organization for the Prohibition of Chemical Weapons (OPCW), during an OPCW Executive Council meeting. Bustani survives the vote. [Guardian, 4/16/2002] The night before, John Bolton met with Bustani in The Hague personally seeking his resignation. When Bustani refused, “Bolton said something like, ‘Now we’ll do it the other way,’ and walked out,” former Bustani aide Bob Rigg later tells the AP. [Associated Press, 6/5/2005]
The office of John Bolton, the undersecretary of state for arms control, issues a “white paper” asserting that Jose Bustani, head of the Organization for the Prohibition of Chemical Weapons (OPCW), is seeking an “inappropriate role” in the United States’ confrontation with Iraq. The paper is distributed to the member-states of the OPCW. [Associated Press, 6/5/2005]
After Jose Bustani, head of the Organization for the Prohibition of Chemical Weapons (OPCW), refuses to give in to US demands (see February 28, 2002) that he resign from his post, the Bush administration mounts a campaign aimed at sacking Bustani. The US sends envoys to the member-states of the OPCW in order to secure votes for his dismissal. The Bush administration accuses Bustani of a number of allegations including “financial mismanagement,” “demoralization of his staff,” “bias,” and “ill-considered initiatives.” The US argues that Bustani should resign if he wishes to avoid damage to his reputation. [Guardian, 4/16/2002] But supporters of Bustani say the accusations are baseless. The US allegation of financial mismanagement is contradicted by the fact that the organization’s books were recently audited and found to be perfectly sound. The OPCW’s only financial problem, in fact, is that the US has restricted the OPCW’s budget and is withholding its dues. Regarding the charge of “demoralization,” George Monbiot of the Guardian writes that “staff morale is reportedly higher [at the OPCW] than at any other similar international organization.” Nor is there much evidence that Bustani is guilty of “bias.” According to Monbiot, this charge stems from Bustani’s insistence that the OPCW be permitted to examine chemical-industry facilities in the United States with the same rigor it examines facilities in other countries. [Guardian, 4/16/2002] The last claim, that Bustani has embarked on “ill-considered initiatives,” is a reference to his effort to convince Saddam Hussein to sign the chemical weapons convention. The US is opposed to OPCW involvement in Iraq (see Between January 20, 2001 and June 2001). [Guardian, 4/16/2002; New York Times, 7/26/2002]
The International Republican Institute brings a group of Chavez opposition figures, including members of Venezuela’s largest labor and business groups, to Washington for a panel discussion on the threats to democracy in Venezuela. The group also arranges a series of meetings between the Chavez opponents and members of Congress and the administration. [Washington Post, 4/21/2002, pp. A01]
Mike Parker, assistant secretary of the Army, resigns shortly after testifying against the Bush administration’s proposed cuts to the Army Corps of Engineer’s fiscal year 2003 budget, including flood control projects in southeastern Louisiana (see February 27, 2002). According to White House officials, Parker has been forced out by the Bush administration, “as a clear sign that the president will not tolerate open defiance by his appointees.” As an unnamed Bush administration official interviewed by the Washington Post, makes clear, “Either you’re on the president’s team or you’re not.”
[Clarion Ledger, 3/7/2002; Washington Post, 3/7/2002]
Phyllis Schlafly. [Source: Phyllis Schlafly.com]The conservative commentator and activist Phyllis Schlafly writes, “The voters aren’t going to buy the sanctimonious argument that the Bush administration has some sort of duty to protect the power of the presidency.… The American people do not and should not tolerate government by secrecy.” [Eagle Forum, 3/6/2002]
The CIA sends a one-and-a-half-page cable to the White House, the FBI, the Justice Department, the Joint Chiefs of Staff, and the Defense Intelligence Agency, with news that a CIA source sent to Niger has failed to find any evidence to back claims that Iraq sought uranium from that country (see February 21, 2002-March 4, 2002). The cable contains an initial report of the source’s findings in Niger. [Knight Ridder, 6/12/2003; ABC News, 6/12/2003; Knight Ridder, 6/13/2003; Washington Post, 6/13/2003; BBC, 7/8/2003; BBC, 7/8/2003; US Congress, 7/7/2004] The agency rates the quality of the information in the report as “good,” with a rating of 3 out of 5. [CounterPunch, 11/9/2005]
Caveats and Denials - The report does not name the CIA source or indicate that the person is a former ambassador. Instead it describes the source as “a contact with excellent access who does not have an established reporting record” and notes that the Nigeriens with whom he spoke “knew their remarks could reach the US government and may have intended to influence as well as inform.” A later Senate report on the US’s pre-war intelligence on Iraq will state: “The intelligence report indicated that former Nigerien Prime Minister Ibrahim Mayaki was unaware of any contracts that had been signed between Niger and any rogue states for the sale of yellowcake while he was prime minister (1997-1999) or foreign minister (1996-1997). Mayaki said that if there had been any such contract during his tenure, he would have been aware of it.” Mayaki, according to the report, also acknowledged a June 1999 visit (see June 1999) by a businessman who arranged a meeting between Mayaki and an Iraqi delegation to discuss “expanding commercial relations” between Niger and Iraq. The intelligence report says that Mayaki interpreted “expanding commercial relations” to mean that the delegation wanted to discuss purchasing uranium. The meeting did take place, but according to the report, “Mayaki let the matter drop due to UN sanctions on Iraq.” The intelligence report also says that Niger’s former Minister for Energy and Mines, Mai Manga, told Wilson that there have been no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s. Mai Manga is also reported to have described how the French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transportation overseas. Manga said he believed it would be difficult, if not impossible, to arrange a special clandestine shipment of uranium to a country like Iraq. [US Congress, 7/7/2004]
White House: Report Left Out Details, Considered Unimportant - Bush administration officials will say in June 2003 that the report left out important details, such as the trip’s conclusions. And consequently, the Washington Post will report in June 2003, “It was not considered unusual or very important and not passed on to Condoleezza Rice, the president’s national security adviser, or other senior White House officials.” [Washington Post, 6/12/2003 ; Washington Post, 6/13/2003; Knight Ridder, 6/13/2003]
CIA Source Doubts White House Claims - But the CIA source who made the journey, former ambassador Joseph Wilson, will find this explanation hard to believe. “Though I did not file a written report [he provided an oral briefing (see March 4-5, 2002)], there should be at least four documents in United States government archives confirming my mission,” he will later explain. “The documents should include the ambassador’s report of my debriefing in Niamey, a separate report written by the embassy staff, a CIA report summing up my trip, and a specific answer from the agency to the office of the vice president (this may have been delivered orally). While I have not seen any of these reports, I have spent enough time in government to know that this is standard operating procedure.” [New York Times, 7/6/2003]
Senior CIA Case Officer Backs Up Source - In 2007, Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will write of the report (see March 4-5, 2002) that if standard protocol has been followed, the report is distributed to “all the government departments that have intelligence components, such as the State Department’s Bureau of Intelligence and Research (INR), the National Security Agency (NSA), the Pentagon, and the overseas military commands. All of us had every reason to believe that their finished report would indeed be sent to the vice president’s office as part of the established protocol.” According to Plame Wilson, who read the report when it was completed (see (March 6, 2002)), much of the report focuses on “Niger’s strict, private, and government controls on mining consortia to ensure that no yellowcake went missing between the uranium mines and the marketplace.” She will write in 2007 that her husband’s report “corroborated and reinforced what was already known.” Both she and her husband assume that the allegations are sufficiently disproven and will not be heard of again. [Wilson, 2007, pp. 112-114]
Little New Information - According to intelligence analysts later interviewed by Congressional investigators, the intelligence community does not believe the trip has contributed any significant information to what is already known about the issue, aside from the details of the 1999 Iraqi delegation. [US Congress, 7/7/2004]
Entity Tags: Condoleezza Rice, Federal Bureau of Investigation, Ibrahim Mayaki, Defense Intelligence Agency, Central Intelligence Agency, US Department of Justice, Mai Manga, Bush administration (43), Valerie Plame Wilson, Joint Chiefs of Staff, Joseph C. Wilson
Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing
The Washington Post reveals that the US government has secretly transported “dozens of people” suspected of links to terrorists to foreign countries with poor human rights records “where they can be subjected to interrogation tactics—including torture and threats to families—that are illegal in the United States.” The program is known as “rendition”
(see After September 11, 2001). [Washington Post, 3/11/2002]
President Bush refuses to allow DHS chief Tom Ridge to testify before Congress regarding the agency’s efforts to protect the nation. Bush’s rationale is that Ridge was on the White House staff before the department was created. Bush tells reporters, “Well, he’s not—he doesn’t have to testify; he’s a part of my staff, and that’s part of the prerogative of the Executive Branch of government. And we hold that very dear.… I’m not going to let Congress erode the power of the Executive Branch. I have a duty to protect the Executive Branch from legislative encroachment. I mean, for example, when the GAO [Government Accountability Office] demands documents from us, we’re not going to give them to them. These were privileged conversations. These were conversations when people come into our offices and brief us. Can you imagine having to give up every single transcript of what is—advised me or the Vice President? Our advice wouldn’t be good and honest and open. And so I viewed that as an encroachment on the power of the Executive Branch. I have an obligation to make sure that the presidency remains robust and the Legislative Branch doesn’t end up running the Executive Branch.” [White House, 3/13/2002; Dean, 2004, pp. 180]
Christopher Meyer. [Source: PBS]British Ambassador to the US Sir Christopher Meyer attends lunch with Paul Wolfowitz and other Bush administration officials in Washington and assures them that the British would support the use of military force against Iraq. Meyer informs Sir David Manning, Tony Blair’s foreign policy adviser, in a memo the following day: “On Iraq I opened by sticking very closely to the script that you used with Condi Rice last week. We backed regime change, but the plan had to be clever and failure was not an option. It would be a tough sell for us domestically, and probably tougher elsewhere in Europe. The US could go it alone if it wanted to. But if it wanted to act with partners, there had to be a strategy for building support for military action against Saddam. I then went through the need to wrongfoot Saddam on the inspectors and the UN SCRs [Security Council Resolutions] and the critical importance of the MEPP [Middle East Peace Process] as an integral part of the anti-Saddam strategy.” [United Kingdom, 3/18/2002 ; Guardian, 4/21/2005; BBC, 4/29/2005; Los Angeles Times, 6/15/2005]
White House chief of staff Andrew Card instructs government agencies to be watchful about safeguarding records that might contain any “information that could be misused to harm the security of our nation and the safety of our people.” Card’s order does not define terms, and agency heads are encouraged to define such cited information as broadly as possible. As a result, many government agencies begin refusing Freedom of Information Act (FOIA) requests under a broadly, and often crudely, applied rubric of “national security.” Card’s order precipitates a cascade of new designations for non-classified information that agencies do not want to release, including “For Official Use Only,” “Sensitive but Unclassified,” “Not for Public Dissemination,” and others. The Congressional Research Service will later estimate that some 50 to 60 new designations are created by various executive agencies to keep information away from the public. In addition, some agencies allow any official or employee, from the agency head to the lowliest clerk, to designate a document as off-limits; all 180,000 employees of the Department of Homeland Security, for example, can designate a document “For Official Use Only” and thus keep it out of public hands. Reporter and author Charlie Savage will write in 2007: “There is no system for tracking who stamped it, for what reason, and how long it should stay secret. There is no process for appealing a secrecy decision.” Websites containing reams of government information are purged and sometimes shut down entirely. Periodic reports containing information that someone deems sensitive, or perhaps merely embarrassing, are terminated. FOIA requests are routinely stalled. Even such innocuous documents as the Defense Department’s personnel directory, formerly available for sale at the Government Printing Office, is now deemed unsafe for public consumption. The Environmental Protection Agency stops publishing chemical plants’ plans for dealing with disasters, perhaps protecting the public from inquisitive terrorists but certainly easing the pressure on the plants to keep their disaster preparation plans current and effective. The Defense Department stops selling topographic charts, used by, among others, airlines for creating flight charts and biologists for mapping species distribution, for “fear” that “those intending harm” might use the charts to plot attacks on US targets. Even old press releases written specifically for public distribution are retroactively classified. [Andrew Card, 3/19/2002; Savage, 2007, pp. 101-103]
Andrew Lundquist, the White House director of energy policy and the chairman of the Cheney energy task force (see January 29, 2001 and May 16, 2001), resigns from government service. The next day, Lundquist goes into the lobbying business. The Lundquist Group opens offices in what the Boston Globe will call a “posh office building perched kitty-corner from the Capitol.” Lundquist’s business will take in hundreds of thousands of dollars a year from clients such as British Petroleum (see March 22, 2001) and Duke Energy Corporation (see March 5, 2001). [Savage, 2007, pp. 346]
The house in Faisalabad, Pakistan, where Abu Zubaida is arrested. [Source: New York Times]Al-Qaeda leader Abu Zubaida is captured in Faisalabad, Pakistan. He is the first al-Qaeda leader considered highly important to be captured or killed after 9/11.
Zubaida Injured during Raid - A joint team from the FBI, the CIA, and the ISI, Pakistan’s intelligence agency, raids the house where Zubaida is staying. Around 3 a.m., the team breaks into the house. Zubaida and three others wake up and rush to the rooftop. Zubaida and the others jump to a neighbor’s roof where they are grabbed by local police who are providing back-up for the capture operation. One of Zubaida’s associates manages to grab a gun from one of the police and starts firing it. A shoot-out ensues. The associate is killed, several police are wounded, and Zubaida is shot three times, in the leg, stomach, and groin. He survives. About a dozen other suspected al-Qaeda operatives are captured in the house, and more are captured in other raids that take place nearby at the same time. [New York Times, 4/14/2002; Suskind, 2006, pp. 84-89] US intelligence had slowly been closing in on Zubaida’s location for weeks, but accounts differ as to exactly how he was found (see February-March 28, 2002). He had surgically altered his appearance and was using an alias, so it takes a few days to completely confirm his identity. [New York Times, 9/10/2006]
Link to Pakistani Militant Group - A later US State Department report will mention that the building Zubaida is captured in is actually a Lashkar-e-Toiba safehouse. Lashkar-e-Toiba is a Pakistani militant group with many links to al-Qaeda, and it appears to have played a key role in helping al-Qaeda operatives escape US forces in Afghanistan and find refuge in Pakistan (see Late 2001-Early 2002). [US Department of State, 4/30/2008]
Rendition - Not long after his arrest, Zubaida is interrogated by a CIA agent while he is recovering in a local hospital (see Shortly After March 28, 2002). He then is rendered to a secret CIA prison, where he is interrogated and tortured (see Mid-May 2002 and After). Throughout his detention, members of the National Security Council and other senior Bush administration officials are briefed about Zubaida’s captivity and treatment. [Senate Intelligence Committee, 4/22/2009 ]
Is Zubaida a High-Ranking Al-Qaeda Leader? - Shortly after the arrest, the New York Times reports that “Zubaida is believed by American intelligence to be the operations director for al-Qaeda and the highest-ranking figure of that group to be captured since the Sept. 11 attacks.” [New York Times, 4/14/2002] But it will later come out that while Zubaida was an important radical Islamist, his importance was probably overstated (see Shortly After March 28, 2002).
Tortured While in US Custody - Once Zubaida has sufficiently recovered from his injuries, he is taken to a secret CIA prison in Thailand for more interrogation. [Observer, 6/13/2004; New York Review of Books, 3/15/2009] One unnamed CIA official will later say: “He received the finest medical attention on the planet. We got him in very good health, so we could start to torture him.” [Suskind, 2006, pp. 94-96, 100] Defense Secretary Donald Rumsfeld publicly vows that Zubaida will not be tortured, but it will later come out that he was (see Mid-May 2002 and After and April - June 2002). [New York Times, 4/14/2002]
In the wake of al-Qaeda leader Abu Zubaida’s arrest (see March 28, 2002), the FBI discovers much useful information (see Shortly After March 28, 2002). FBI agent Dan Coleman leads a team to sort through Zubaida’s computer files and documents. However, at the same time, some US officials come to believe that Zubaida’s prominence in al-Qaeda’s hierarchy has been overestimated. Many FBI officials conclude that he was used as little more than a travel agent for training camp attendees because he was mentally ill. [Suskind, 2006, pp. 94-96, 100]
FBI Agent Coleman: Zubaida Is Mentally Crippled - FBI counterterrorist operative Dan Coleman will go through Zubaida’s journals and other materials seized from his Faisalabad safe house. Coleman will say: “Abu Zubaydah was like a receptionist, like the guy at the front desk [of a hotel]. He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” Because Zubaida is not conversant with al-Qaeda security methods, “[t]hat was why his name had been cropping up for years.” Of Zubaida’s diaries, Coleman will say: “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11. All it does is reveal someone in torment. [Zubaida is physically and mentally crippled from wounds suffered fighting in Afghanistan in the early 1990s.] Based on what I saw of his personality, he could not be what they say he was.” [Vanity Fair, 12/16/2008] Coleman will add: “He knew very little about real operations, or strategy. He was expendable.” Zubaida’s diary evidences his apparent schizophrenia; he wrote it in three different personas, or voices, each with a different and distinctive personality. [Suskind, 2006, pp. 94-96, 100]
Islamist Al-Deen: Importance Overstated? - Noor al-Deen, a Syrian teenager, was captured along with Zubaida. The terrified al-Deen will readily answer questions from his captors, and will describe Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. Al-Deen will be sent to a detention facility in Morocco and later to Syria; his subsequent whereabouts and status will remain unknown to the public. [Washington Post, 3/29/2009]
Informant Says Zubaida Behaved Oddly - Other accounts back up this assessment. For instance, Omar Nasiri, a former informant for European intelligence agencies who met Zubaida in the 1990s, will later describe Zubaida’s odd behavior, saying he “shuffled around his home in near-total darkness, carrying a gas lantern from room to room. He barely spoke and would often communicate by pointing.” [New Yorker, 1/22/2007]
CIA Officer Scheuer: Zubaida Served as Key Hub - Michael Scheuer, who previously ran the CIA’s bin Laden unit (see February 1996), will later say of Zubaida’s importance: “I’d followed him for a decade. If there was one guy you could call a ‘hub,’ he was it.” Scheuer will describe Zubaida not as an actual al-Qaeda member, but “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. Scheuer will say that Zubaida, a Palestinian, “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and he was bent on causing damage to Israel, not the US. [Vanity Fair, 12/16/2008]
Involvement in Pre-9/11 Plots - However, Zubaida does appear to have been involved in numerous plots before 9/11 (see for instance November 30, 1999 and Early September 2001). Al-Qaeda operative Ahmed Ressam cooperated with US investigators after being arrested. He worked with Zubaida and suggested Zubaida was of some importance, but not one of al-Qaeda’s highest leaders. According to Ressam, Zubaida “is the person in charge of the [training] camps. He receives young men from all countries. He accepts you or rejects you. He takes care of the expenses of the camps. He makes arrangements for you when you travel coming in or leaving.” [Gunaratna, 2003, pp. 133] Furthermore, when Zubaida was caught, apparently he and several others staying with him were in the middle of building a bomb. According to one of the CIA officers who helped capture him, the soldering iron used in making the bomb was still hot when he was captured (see Shortly After March 28, 2002). [Senate Intelligence Committee, 4/22/2009 ]
CIA Chief Tenet Rejects Diagnosis of Schizophrenia - In a 2007 book, former CIA Director George Tenet will claim that the reports that Zubaida was mentally unstable were “[b]aloney.… Apparently, the source of the rumor that Abu Zubaida was unbalanced was his personal diary, in which he adopted various personas. From that shaky perch, some junior Freudians leapt to the conclusion that Zubaida had multiple personalities. In fact, agency psychiatrists eventually determined that in his diary he was using a sophisticated literary device to express himself.” [Tenet, 2007, pp. 243]
Zubaida Touted as High-Level Terror Chief - Regardless, despite being briefed otherwise, President Bush and others in his administration will repeatedly tout the importance of capturing Zubaida and no hint of any doubts about his importance or sanity will be publicly expressed (see April 9, 2002 and After). [Suskind, 2006, pp. 94-96, 100]
In the days following the capture of al-Qaeda operative Abu Zubaida (see March 28, 2002), a group of top White House officials, the National Security Council’s Principals Committee, begins a series of meetings that result in the authorization of specific torture methods against Zubaida and other detainees. The top secret talks and meetings eventually approve such methods to be used by CIA agents against high-value terrorism suspects. The US media will not learn of this until six years later (see April 9, 2008). The Principals Committee meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Dick Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Tenet’s successor, Porter Goss, will also participate in the meetings. Sometimes deputies attend in place of their superiors. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but also approves the use of “combined” interrogation techniques on suspects who prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions are so detailed that the Principals Committee virtually choreographs the sessions down to the number of times CIA agents can use specific tactics. [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] The Principals Committee also ensures that President Bush is not involved in the meetings, thereby granting him “deniability” over the decisions, though Bush will eventually admit to being aware of the decisions (see April 11, 2008). The Principals Committee, particularly Cheney, is described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. [Associated Press, 4/10/2008]
Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of Zubaida in late March 2002 (see Late March through Early June, 2002 and March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. He is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is allegedly uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004 and April - June 2002). The CIA briefs the Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. After Zubaida is waterboarded (see April - June 2002), CIA officials tell the White House that he provided information leading to the capture of two other high-level al-Qaeda operatives, Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003) and Ramzi bin al-Shibh (see Late 2002 and May 2002-2003). The committee approves of waterboarding as well as a number of “combined” interrogation methods, basically a combination of harsh techniques to use against recalcitrant prisoners.
The 'Golden Shield' - The committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” In August 2002, Justice Department lawyers in the Office of Legal Counsel will write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public knowledge. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. Tenet demands White House approval for the use of the methods, even after the Justice Department issues its so-called “Golden Shield” memo explicitly authorizing government interrogators to torture suspected terrorists (see August 1, 2002). Press sources will reveal that Tenet, and later Goss, convey requests for specific techniques to be used against detainees to the committee (see Summer 2003). One high-ranking official will recall: “It kept coming up. CIA wanted us to sign off on each one every time. They’d say: ‘We’ve got so and so. This is the plan.’” The committee approves every request. One source will say of the discussions: “These discussions weren’t adding value. Once you make a policy decision to go beyond what you used to do and conclude it’s legal, [you should] just tell them to implement it.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] In April 2008, law professor Jonathan Turley will say: “[H]ere you have the CIA, which is basically saying, ‘We’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it.’ So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] A former senior intelligence official will say, “If you looked at the timing of the meetings and the memos you’d see a correlation.” Those who attended the dozens of meetings decided “there’d need to be a legal opinion on the legality of these tactics” before using them on detainees. [Associated Press, 4/10/2008]
Ashcroft Uneasy at White House Involvement - Ashcroft in particular is uncomfortable with the discussions of harsh interrogation methods that sometimes cross the line into torture, though his objections seem more focused on White House involvement than on any moral, ethical, or legal problems. After one meeting, Ashcroft reportedly asks: “Why are we talking about this in the White House? History will not judge this kindly.” However, others in the discussions, particularly Rice, continue to support the torture program. Even after Jack Goldsmith, the chief of the Justice Department’s Office of Legal Counsel (OLC), withdraws the “Golden Shield” memo and after Powell begins arguing that the torture program is harming the image of the US abroad, when CIA officials ask to continue using particular torture techniques, Rice responds: “This is your baby. Go do it.”
Reaction after Press Learns of Meetings - After the press learns of the meetings (see April 9, 2008), the only person involved who will comment will be Powell, who will say through an assistant that there were “hundreds of [Principals Committee] meetings” on a wide variety of topics and that he is “not at liberty to discuss private meetings.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008]
Entity Tags: Office of Legal Counsel (DOJ), Porter J. Goss, US Department of Justice, Ramzi bin al-Shibh, Richard (“Dick”) Cheney, Principals Committee, Khalid Shaikh Mohammed, Jack Goldsmith, John Ashcroft, Bush administration (43), Al-Qaeda, Abu Zubaida, Central Intelligence Agency, Colin Powell, Condoleezza Rice, George W. Bush, George J. Tenet, Donald Rumsfeld, Jonathan Turley, National Security Council
Timeline Tags: Torture of US Captives, Civil Liberties
An Afghani farmer stands in his opium poppy fields. [Source: Shaul Schwarz/ Corbis]“American officials have quietly abandoned their hopes to reduce Afghanistan’s opium production substantially this year and are now bracing for a harvest large enough to inundate the world’s heroin and opium markets with cheap drugs.” They want to see the new Afghan government make at least a token effort to destroy some opium, but it appears that the new government is not doing even that. Afghan leader Hamid Karzai had announced a total ban on opium cultivation, processing, and trafficking, but it appears to be a total sham. The new harvest is so large that it could be “enough opium to stockpile for two or two and a half more years.” [New York Times, 4/1/2002] Starting this month, Karzai’s government offers farmers $500 for every acre of poppies they destroy, but farmers can earn as much as $6,400 per acre for the crop. The program is eventually cancelled when it runs out of money to pay farmers. [Associated Press, 3/27/2003]
Flynt Leverett, the newly named head of Mideast affairs for the National Security Council (see December 2001-January 2002), has worked hard for the last months to persuade Bush administration officials to consider a proposal by Saudi Arabia for a peace agreement between Israel and the Palestinian Authority. The proposal, originated by Saudi Arabia’s Crown Prince Abdullah, calls for “full normalization” of relations between Israel and Arab nations in exchange for Israel’s “full withdrawal” from the occupied territories. Abdullah promised that he can persuade all the Arab nations of the region to sign off on the accords. But even with concessions insisted upon by the Israelis, the Bush administration refused to consider the deal. Even after Abdullah persuaded every nation of the Arab League to sign his proposal, the White House refused to listen. In April, Secretary of State Colin Powell, accompanied by Leverett, travels to the Middle East to negotiate an end to an Israeli siege of Palestinian leader Yasser Arafat’s compound. Powell believes he has authorization from the White House to explore what are called “political horizons,” diplomatic shorthand for peace negotiations between Israel and Palestine. Powell and Leverett use the Saudi proposal as a springboard for discussions. On their final day in the Middle East, Leverett, with a group of senior American officials, is trying to hammer out Powell’s final speech when a telephone call from the White House short-circuits the procedure. On the other end, Deputy National Security Adviser Stephen Hadley tells Leverett: “Tell Powell he is not authorized to talk about a political horizon. Those are formal instructions.” Leverett responds by telling Hadley it is a bad idea to abruptly stop negotiations. As he later recalls the conversation, Leverett tells Hadley, “It’s bad policy and it’s also humiliating for Powell, who has been talking to heads of state about this very issue for the last 10 days.” Hadley retorts: “It doesn’t matter. There’s too much resistance from [Defense Secretary Donald] Rumsfeld and the VP [Dick Cheney]. Those are the instructions.” Powell is furious at the instructions. “What is it they’re afraid of?” he demands. “Who the hell are they afraid of?” Leverett responds, “I don’t know sir.” Powell will later recall, “I had major problems with the White House on what I wanted to say.” [Esquire, 10/18/2007]
Captured al-Qaeda operative Abu Zubaida (see March 28, 2002), after recovering somewhat from three gunshot wounds inflicted during his capture, is transferred to a secret CIA prison in Thailand, presumably the revamped Vietnam War-era base in Udorn. [Weiner, 2007, pp. 297; Washington Post, 4/22/2009] In late 2006, after being transferred to Guantanamo, Zubaida will tell representatives of the International Committee of the Red Cross the story of his interrogation in Thailand (see October 6 - December 14, 2006). Zubaida becomes what CIA interrogator John Kiriakou will later call “a test case for an evolving new role… in which the agency was to act as jailer and interrogator of terrorism suspects” (see September 17, 2001).
New Tactics To Be Used - Officials from the military’s Survival, Evasion, Resistance, and Escape (SERE) program are involved in Zubaida’s interrogations. SERE officials have prepared a program of so-called “harsh interrogation methods,” many of which are classified as torture under the Geneva Conventions and the Convention Against Torture (see December 2001 and July 2002). A 2009 Senate report (see April 21, 2009) will find: “At some point in the first six months of 2002, JPRA [the Joint Personnel Recovery Agency] assisted with the preparation of a [redacted name], sent to interrogate a high-level al-Qaeda operative.” Further investigation will prove that the person whose name will be redacted is, indeed, Zubaida. According to a June 20, 2002 memo, the SERE officials’ participation in the Zubaida interrogation is “training.” JPRA psychologist Bruce Jessen, one of the authors of the JPRA torture methodology (see January 2002 and After), suggests that “exploitation strategies” be used against Zubaida. Jessen’s collaborator on the torture proposal, James Mitchell, is present for Zubaida’s torture; Mitchell plays a central role in the decision to use what the CIA calls an “increased pressure phase” against Zubaida. [Washington Post, 4/22/2009]
First Weeks Shackled and Sleep-Deprived - Zubaida will begin his narrative after his initial, and successful, interrogation by FBI agents (see Late March through Early June, 2002). He spends the first weeks of his captivity shackled to a chair, denied solid food, and kept awake. In Zubaida’s words: “I woke up, naked, strapped to a bed, in a very white room. The room measured approximately [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by [the] hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket. Water for cleaning myself was provided in a plastic bottle. I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure [a nutrient supplement] and water to drink. At first the Ensure made me vomit, but this became less with time. The cell and room were air-conditioned and were very cold. Very loud, shouting type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise. The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks. During this first two to three week period I was questioned for about one to two hours each day. American interrogators would come to the room and speak to me through the bars of the cell. During the questioning the music was switched off, but was then put back on again afterwards. I could not sleep at all for the first two to three weeks. If I started to fall asleep one of the guards would come and spray water in my face.” In 2009, author Mark Danner will write: “One can translate these procedures into terms of art: ‘Change of Scenery Down.’ ‘Removal of Clothing.’ ‘Use of Stress Positions.’ ‘Dietary Manipulation.’ ‘Environmental Manipulation.’ ‘Sleep Adjustment.’ ‘Isolation.’ ‘Sleep Deprivation.’ ‘Use of Noise to Induce Stress.’ All these terms and many others can be found, for example, in documents associated with the debate about interrogation and ‘counter-resistance’ carried on by Pentagon and Justice Department officials beginning in 2002. Here, however, we find a different standard: the [proposed regulations say], for example, that ‘Sleep Deprivation’ is ‘not to exceed four days in succession,’ that ‘Dietary Manipulation’ should include ‘no intended deprivation of food or water,’ that ‘removal of clothing,” while ‘creating a feeling of helplessness and dependence,’ must be ‘monitored to ensure the environmental conditions are such that this technique does not injure the detainee.’ Here we are in a different place.”
CIA Team Moves In - The first weeks of Zubaida’s captivity are maintained by a small team of FBI agents and interrogators, but soon a team from the CIA’s Counterterrorism Center takes over. As Kiriakou will later recall: “We had these trained interrogators who were sent to his location to use the enhanced techniques as necessary to get him to open up, and to report some threat information.… These enhanced techniques included everything from what was called an attention shake, where you grab the person by their lapels and shake them, all the way up to the other end, which is waterboarding.” After the initial period of captivity, Zubaida is allowed to sleep with less interruption, stretched out naked and shackled on the bare floor. He is also given solid food for the first time in weeks—rice. A female doctor examines him and asks why he is still naked; he is, he will recall, “provided with orange clothes to wear.” The clothes only last a day, though: “[G]uards came into my cell,” Zubaida will recall. “They told me to stand up and raise my arms above my head. They then cut the clothes off of me so that I was again naked and put me back on the chair for several days. I tried to sleep on the chair, but was again kept awake by the guards spraying water in my face.”
Alternating Harsh and Lenient Treatments - For the next few weeks, Zubaida’s treatment veers from abusive to almost lenient. Mostly he is kept naked and confined to his cell, often suffering from intense cold in the frigid air-conditioned environment. One official later tells the ICRC that often he “seemed to turn blue.” Clothing is provided, then taken away. Zubaida will tell ICRC officials: “When my interrogators had the impression that I was cooperating and providing the information they required, the clothes were given back to me. When they felt I was being less cooperative the clothes were again removed and I was again put back on the chair.” For a time he is given a mattress to sleep on; sometimes he is “allowed some tissue paper to use when going to toilet on the bucket.” A month goes by with no interrogations. He will recall: “My cell was still very cold and the loud music no longer played but there was a constant loud hissing or crackling noise, which played 24 hours a day. I tried to block out the noise by putting tissue in my ears.” Then, “about two and half or three months after I arrived in this place, the interrogation began again, but with more intensity than before.” Danner will write that he isn’t sure if the wild swings in procedures are intentional, meant to keep Zubaida off-guard, or, as he will write, “resulted from disputes about strategy among the interrogators, who were relying on a hastily assembled ‘alternative set of procedures’ that had been improvised from various sources, including scientists and psychiatrists within the intelligence community, experts from other, ‘friendly’ governments, and consultants who had worked with the US military and now ‘reverse-engineered’ the resistance training taught to American elite forces to help them withstand interrogation after capture.” Danner notes that some CIA documents going back to the 1960s advocate subjecting the captive to sensory deprivation and disorientation, and instilling feelings of guilt, shame, and helplessness. The old CIA documents say that captives should be kept in a state of “debility-dependence-dread.” [New York Review of Books, 3/15/2009]
Justice Department's 'Ticking Bomb' Scenario - The August 2002 “golden shield” memo from the Justice Department (see August 1, 2002) will use what is often called the “ticking bomg scenario”—the supposition that a terror attack is imminent and only torture can extract time-critical information from a terrorist detainee to give US officials a chance to stop the attack—to justify Zubaida’s torture. According to CIA reports, Zubaida has information regarding “terrorist networks in the United States” and “plans to conduct attacks within the United States or against our interests overseas.” But Brent Mickum, who later becomes one of Zubaida’s attorneys, will say that he believes the Justice Department memo retroactively approved coercive tactics that had already been used. “If torture occurred before the memo was written, it’s not worth the paper it’s written on, and the writing of the memo is potentially criminal,” Mickum will note. [Washington Post, 4/22/2009]
Interrogations Continue in June - Sometime in June, Zubaida will once again be interrogated (see June 2002).
Entity Tags: Mark Danner, John Kiriakou, James Elmer Mitchell, Bruce Jessen, Al-Qaeda, Abu Zubaida, Bush administration (43), Central Intelligence Agency, Convention Against Torture, George Brent Mickum, Geneva Conventions, Federal Bureau of Investigation, Joint Personnel Recovery Agency, International Committee of the Red Cross
Timeline Tags: Torture of US Captives, Complete 911 Timeline
The capture of al-Qaeda leader Abu Zubaida (see March 28, 2002) is leaked to the press shortly after it occurs and on April 9, 2002, President Bush says in a speech: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives planning death and destruction on the United States. He’s not plotting and planning anymore.” In the weeks and months that follow, Bush and others in his administration will repeatedly tout the importance of capturing Zubaida. He is frequently described as “chief of operations” for all of al-Qaeda and the group’s number three leader. Zubaida is the only significant al-Qaeda capture in the first year after 9/11, so there is pressure to hype his importance. However, at the time there is a raging debate among US intelligence analysts as to Zubaida’s actual importance and even his mental sanity (see Shortly After March 28, 2002). According to journalist Ron Suskind, one day, when CIA Director George Tenet reminds Bush that Zubaida was not such a top leader after all, Bush reportedly says to him: “I said he was important. You’re not going to let me lose face on this, are you?” Tenet replies, “No sir, Mr. President.” Suskind will later comment: “In the wide, diffuse ‘war on terror,’ so much of it occurring in the shadows—with no transparency and only perfunctory oversight—the administration could say anything it wanted to say.… The administration could create whatever reality was convenient.” [Suskind, 2006, pp. 99-100] But in 2006, the Office of the Director of National Intelligence (DNI) will issue a report containing the biographies of al-Qaeda detainees held at Guantanamo. In marked contrast to previous announcements, this biography downgrades the importance of Zubaida. It merely calls him a “leading extremist facilitator” and “one of al-Qaeda’s senior travel facilitators,” and says he is “not believed to be directly linked to the attacks on 11 September 2001.” [Office of the Director of National Intelligence, 9/6/2006 ; Time, 9/6/2006; Dickey, 2009, pp. 77] In 2006, Bush will make new claims about Zubaida’s capture that are at odds with the known facts (see September 6, 2006).
[Source: House of Representatives]US Representative Cynthia McKinney (D-GA) calls for a thorough investigation into whether President Bush and other government officials may have been warned of the 9/11 attacks but did nothing to prevent them. She is the first national-level politician to do so. She states: “News reports from Der Spiegel to the London Observer, from the Los Angeles Times to MSNBC to CNN, indicate that many different warnings were received by the administration.… I am not aware of any evidence showing that President Bush or members of his administration have personally profited from the attacks of 9/11.… On the other hand, what is undeniable is that corporations close to the administration have directly benefited from the increased defense spending arising from the aftermath of September 11. The Carlyle Group, Dyn-Corp, and Halliburton certainly stand out as companies close to this administration.” [Atlanta Journal-Constitution, 4/12/2002] McKinney’s comments are criticized and ridiculed by other politicians and the media. For instance, Representative Mark Foley (R-FL) states, “She has said some outrageous things but this has gone too far.… Maybe there should be an investigation as she suggests—but one focused on her.” Senator Zell Miller (D-GA) says her comments were dangerous and irresponsible. [Washington Post, 4/12/2002] An editorial in her home state calls her the “most prominent nut” promoting 9/11 “conspiracy theories.” [Atlanta Journal-Constitution, 4/15/2002] One columnist says she is possibly “a delusional paranoiac” or “a socialist rabble-rouser who despises her own country.” [Orlando Sentinel, 4/21/2002] White House Press Secretary Ari Fleischer says McKinney “must be running for the hall of fame of the Grassy Knoll Society.” [Washington Post, 4/12/2002] One month after McKinney’s comments, the Bush administration comes under fire after reports reveal it had been warned five weeks before 9/11 about possible al-Qaeda plane hijackings, and McKinney claims vindication. She will lose reelection later in the year, but win her seat back in 2004. [Office of Congresswoman Cynthia McKinney, 5/16/2002]
The Washington Post reports, “The Bush administration has concluded that Osama bin Laden was present during the battle for Tora Bora late last year and that failure to commit US ground troops to hunt him was its gravest error in the war against al-Qaeda,” allowing bin Laden to escape. The newspaper claims that while the administration has failed to acknowledge the mistake publicly, “inside the government there is little controversy on the subject.” [Washington Post, 4/17/2002] The next day, Defense Secretary Rumsfeld denies this, and states he did not know at the time of the assault, “nor do I know today of any evidence that he was in Tora Bora at the time or that he left Tora Bora at the time or even where he is today.” [USA Today, 4/18/2002] Apparently, Rumsfeld soon forces the removal of Cofer Black from his position of head of the CIA’s counterterrorism division, because Rumsfeld thinks Black leaked information for this damning Washington Post article (see May 17, 2002).
Jose Bustani is removed from his position as director-general of the Organization for the Prohibition of Chemical Weapons during an unusual special session that had been called by the US. Bolton and others in the State Department’s arms-control bureau have been pressuring Bustani to resign since February (see March 2002; February 28, 2002; January 2002). They are upset about the OPCW chief’s efforts to involve the organization in the evolving dispute between the US and Iraq over the latter’s alleged arsenal of illicit weapons (see Between January 20, 2001 and June 2001). Only 113 nations of the organization’s 145 members are represented at the meeting. Of those, 15 are not eligible to vote because of outstanding membership fees. [New York Times, 7/26/2002; Associated Press, 6/5/2005] Some of the delegates, according to the Guardian, may have been paid by the US to attend. And one of the member-states, Micronesia, gave permission to the US to vote on their behalf. [Guardian, 4/23/2002] Before the vote, Bustani denounces the Bush administration’s allegations and tells the delegates that they must decide whether genuine multilateralism “will be replaced by unilateralism in a multilateral disguise.” [Organization on the Prohibition of Chemical Weapons, 4/21/2002] But the US delegation, intent on seeing that Bustani is removed, threatens to withhold US dues—22 percent of the organization’s $60 million annual budget—if Bustani remains in office. A US refusal to pay its dues would likely force the organization to close. [BBC, 4/22/2002; New York Times, 7/26/2002; Associated Press, 6/5/2005] Bustani told a reporter the week before, “The Europeans are so afraid that the US will abandon the convention that they are prepared to sacrifice my post to keep it on board.” [Guardian, 4/16/2002] Only forty-eight members—less than one-third of the total membership—vote in favor of removing Bustani. But the no-confidence vote is nonetheless successful because 43 of the delegates abstain. Only seven votes are cast in opposition. [US Department of State, 2002; Associated Press, 6/5/2005]
The Bush administration, prodded by State Department official John Bolton, refuses to certify that Russia is in compliance with international accords banning chemical and biological weapons. As a result, Russia is no longer eligible for State Department and Defense Department funding for nuclear nonproliferation programs (see January 10, 2001 and After). The Clinton administration harbored similar concerns, but believed that helping Russia secure its loose nuclear weapons and technology was more important than holding Russia in noncompliance in the CBW accords. In related negotiations, Bolton successfully impedes progress in negotiations in a liability agreement with the US over the securing of “loose nukes”; Bolton insists on absolving US government officials, as well as private firms and personnel, of any liability for accidents or even sabotage encountered as part of the nonproliferation programs. The dispute will not be resolved until September 2006. [Scoblic, 2008, pp. 209]
The Director of the Office of Management and Budget informs federal agencies that they can use private contractors instead of the Government Printing Office (GPO). This is supposedly done to save money, but the GPO already sends nearly two-thirds of its work to the private contractor with the lowest bid. Its practical effect is that federal agencies will be able to edit and delete embarrassing passages from their documents. [Los Angeles Times, 11/8/2002; San Francisco Chronicle, 11/19/2002] The Los Angeles Times calls the planned switch “a threat to democracy.” [Los Angeles Times, 11/8/2002] In September 2002, Congress orders executive branch agencies to continue to use the GPO for its printing. But the Bush Administration says agencies can ignore the order, claiming Congress doesn’t have power over the matter. [Government Executive, 9/27/2002]
The Bush administration formally withdraws the United States from the International Criminal Court (ICC). In a letter to Secretary-General of the UN Kofi Annan, US Undersecretary of State for Arms Control John Bolton writes: “This is to inform you, in connection with the Rome Statute of the International Criminal Court adopted on July 17, 1998, that the United States does not intend to become a party to the treaty. Accordingly, the United States has no legal obligations arising from its signature on December 31, 2000. The United States requests that its intention not to become a party, as expressed in this letter, be reflected in the depositary’s status lists relating to this treaty.” Defense Secretary Donald Rumsfeld says, “The United States will regard as illegitimate any attempt by the court or state parties to the treaty to assert the ICC’s jurisdiction over American citizens.” The ICC dates back to the 1969 Vienna Convention on the Law of Treaties, and serves as the world’s first and most influential war crimes tribunal. The US did not become a signatory until former President Bill Clinton’s last day in office. [US Department of State, 5/6/2002; New York Times, 5/7/2002; American Forces Press Service, 5/7/2002; Carter, 2004, pp. 278; Organizations Coalition for the International Criminal Court, 1/2/2006] Bolton’s letter serves to both withdraw the US from the Rome Statute, which established the ICC, and relieves the US of its obligations under the 1969 Vienna Convention on the Law of Treaties. That agreement prohibits the signatories of international treaties from taking steps to undermine the treaties they sign, even if they have not ratified them. [New York Times, 5/7/2002]
US Will Not be 'Second-Guessed' - The Bush administration defends its action, contending that the treaty infringes on US sovereignty because, under its provisions, an international prosecutor answerable to no one could initiate politically motivated or frivolous suits against US troops, military officers or officials. [New York Times, 5/7/2002; BBC, 7/13/2002] “We do not want anything to do it,” an administration spokesman has said. The ICC is “unaccountable to the American people,” and “has no obligation to respect the constitutional rights of our citizens,” Rumsfeld says. Secretary of State Colin Powell says the ICC undermines US judicial sovereignty and the US could not be held accountable to a higher authority that might try “to second-guess the United States after we have tried somebody.… We are the leader in the world with respect to bringing people to justice.… We have supported a tribunal for Yugoslavia, the tribunal for Rwanda, we’re trying to get the tribunal for Sierra Leone set up.… We have the highest standards of accountability of any nation on the face of the Earth.” [American Forces Press Service, 5/7/2002; Carter, 2004, pp. 278]
'On the Wrong Side of History' - Others do not share the administration’s rationale. Amnesty International’s Alex Arriaga says: “It’s outrageous. The US should be championing justice. It shouldn’t be running it down.” Judge Richard Goldstone, the first chief ICC prosecutor at the war crimes trials surrounding the former Yugoslavia, adds, “The US have really isolated themselves and are putting themselves into bed with the likes of China, Yemen, and other undemocratic countries.” Kenneth Roth of Human Rights Watch says: “The administration is putting itself on the wrong side of history. Unsigning the treaty will not stop the court. It will only throw the United States into opposition against the most important new institution for enforcing human rights in fifty years. The timing… couldn’t be worse for Washington. It puts the Bush administration in the awkward position of seeking law-enforcement cooperation in tracking down terrorist suspects while opposing an historic new law-enforcement institution for comparably serious crimes.” [Carter, 2004, pp. 278]
In New York, the first UN Children’s Summit adopts an action plan to improve children’s lives in the coming decade. One of the Summit’s most notable achievements is a plan to reduce the mortality rates of infants and children under five, and of mothers after childbirth, by at least one third by 2010. Certain issues are hotly debated during the Summit. For example, the US sides with the Vatican, Iran, Syria, Libya, Sudan and Iraq in arguing for language promoting sexual abstinence before marriage and traditional family values and against the inclusion of any statement in the Summit’s final declaration sanctioning abortion. The US wants the final document to include a footnote that specifically excludes abortion from a passage stating that children have a right to “reproductive health services.” As a compromise, the final agreement drops any reference to “services.” Also, at the insistence of the Bush administration, the final document excludes the United States from a requirement prohibiting the death penalty or life imprisonment for those under the age of 18. The US also successfully argues for the removal of a resolution condemning Israel for violence against Palestinian children and the deprivation of their human rights. [Nation, 1/16/2002; BBC, 5/8/2002; Associated Press, 5/11/2002; BBC, 5/11/2002] The Bush administration also opposes referring to the 1989 Convention on the Rights of the Child as a global “standard” for children’s rights. [Associated Press, 5/11/2002] The 1989 Convention established a child’s right to good quality education, protection from abuse and healthcare, outlawed child labor and child trafficking, and prohibited nations from enlisting children under the age of 15 in their armed services. [United Nations, 11/20/1989; BBC, 9/18/1999; BBC, 11/8/1999; UNICEF, 2/24/2005] It was signed by the US, but neither the Clinton nor Bush administration has submitted the convention to Congress for ratification. The Convention on the Rights of the Child is the most universally accepted human rights instrument in history. The only other country that hasn’t ratified it is Somalia, which is unable to because it has no recognized government. [BBC, 9/18/1999; BBC, 11/8/1999; Associated Press, 5/11/2002; UNICEF, 2/24/2005]
The New York Post has a banner headline on May 16, 2002. [Source: New York Post]The Bush administration is embarrassed when the CBS Evening News reveals that President Bush had been warned about al-Qaeda domestic attacks in August 2001 (see August 6, 2001). [New York Times, 5/15/2002; Washington Post, 5/16/2002] CBS’s David Martin reports: “The president’s daily intelligence brief is delivered to the president each morning, often by the director of central intelligence himself. In the weeks before 9/11 it warned that an attack by Osama bin Laden could involve the hijacking of a US aircraft.” [McClellan, 2008, pp. 113] Bush had repeatedly said that he had “no warning” of any kind. Press secretary Ari Fleischer states unequivocally that while Bush had been warned of possible hijackings, “[t]he president did not—not—receive information about the use of airplanes as missiles by suicide bombers.” [New York Times, 5/15/2002; Washington Post, 5/16/2002] “Until the attack took place, I think it’s fair to say that no one envisioned that as a possibility.” [MSNBC, 9/18/2002] Fleischer claims the August memo was titled “Bin Laden Determined to Strike the US,” but the real title is soon found to end with “Strike in US” [Washington Post, 5/18/2002] The Guardian will state a few days later, “[T]he memo left little doubt that the hijacked airliners were intended for use as missiles and that intended targets were to be inside the US.” It further states that, “now, as the columnist Joe Conason points out in the current edition of the New York Observer, ‘conspiracy’ begins to take over from ‘incompetence’ as a likely explanation for the failure to heed—and then inform the public about—warnings that might have averted the worst disaster in the nation’s history.” [Guardian, 5/19/2002] Current deputy press secretary Scott McClellan will point out in 2008: “The [CBS] report left much open to question. Was it suggesting that the president had received info that should have led him to act? Was it just a possible warning sign, like many others that may have gone unheeded? Or was it something else, possibly a nonspecific bit of intelligence from years earlier?” McClellan will write that the uncertainty “mattered little to Democratic leaders in Congress. They saw an opportunity to attack the president’s strong suit—his leadership in the war on terrorism—and cut into his enormous popularity ahead of the midterm elections that coming November.” [McClellan, 2008, pp. 113]
Senate Majority Leader Tom Daschle (D-SD) says he is “gravely concerned” to learn that President Bush “received a warning in August about the threat of hijackers,” referring to a CBS News report revealing that Bush had been warned about a possible hijacking over a month before the 9/11 attacks (see August 6, 2001). Daschle calls on the White House to provide the classified briefing to Congressional investigators. House Minority Leader Richard Gephardt (D-MO) says, using the language of Watergate investigators, “I think what we have to do now is find out what the president, what the White House knew about the events leading up to 9/11, when they knew it, and, most importantly, what was done about it at the time.” White House deputy press secretary Scott McClellan will later write that, as objectionable as the White House finds these statements, “the Democrat who most aroused the ire of the White House and Republicans was New York’s Democratic senator, Hillary Clinton.” Clinton takes the floor of the Senate and says, “We learn today something we might have learned at least eight months ago: that President Bush had been informed last year, before September 11, of a possible al-Qaeda plot to hijack a US airliner.” She displays a New York Post headline that reads, “BUSH KNEW” (see May 15, 2002) and “9/11 BOMBSHELL.” “The president knew what?” Clinton asks. McClellan will write that he and his White House colleagues are “incensed” at Clinton’s rhetoric: “To us, such grandstanding appeared to be a return to the ugly partisan warfare that had come to define Washington and its culture during the 1990s. Politics as war, the innuendo of scandal, and the egregious implication that the president had deliberately neglected the country’s safety—it was all in service of the November election results. All the familiar elements were there. The story and the partisan accusations that followed provided great controversy for the media to cover.” (In this passage, McClellan fails to note that White House political guru Karl Rove had, months before, advised Bush and Republican candidates to use the war to attack Democrats in the November 2002 elections—see January 2002). McClellan will complain that Clinton “had not even bothered to call [the White House] to find out more about the facts behind the headlines before delivering her speech,” and will note: “To us, the disingenuous way the leaders rushed to create a damning story line about the president and his administration crossed a line. Republicans objected vehemently and aggressively in a counteroffensive led by the White House,” with Vice President Dick Cheney calling the Democrats’ questions “incendiary” (see May 16, 2002) and Bush declaring, “Had we any inkling, whatsoever, that terrorists were about to attack our country, we would have moved heaven and earth to protect America.” Bush adds: “And I’m confident that President Clinton would have done the same thing (see September 7, 2003). Any president would have.” McClellan will call Bush’s statement “a gesture toward the rapidly vanishing spirit of bipartisanship.” He will write that Democrats did not, by themselves, break the bipartisanship that had supposedly reigned before CBS broke the news of the August 6 briefing: “Democrats were responding in part to perceived efforts by Republicans seeking political advantage from the president’s aggressive efforts to wage war against Islamist terrorists,” and will note that in 1998, Republicans accused President Clinton of “wagging the dog”—launching military strikes against Iraq to distract the nation from the Monica Lewinsky scandal (see December 16-19, 1998). [McClellan, 2008, pp. 117-118]
President Bush says he is opposed to establishing a special, independent commission to probe how the government dealt with terrorism warnings before 9/11. [CBS News, 5/23/2002] He will later change his stance in the face of overwhelming support for the idea (see September 20, 2002), and will then sabotage an agreement reached with Congress to establish a commission. Several years after leaving the White House, current Bush press secretary Scott McClellan will write that the president’s reluctance to open an independent investigation into the 9/11 attacks (see November 15, 2002) was part of a larger penchant for secrecy in the administration. McClellan will write: “Unfortunately, the initial response of the Bush White House to demands by partisan critics in Congress and elsewhere for an independent investigation fueled the firestorm of anger. It was an early indication that the Bush administration did not sufficiently accept the necessity for transparency in its management of the public business. The president and his senior advisers had little appetite for outside investigations. They resisted openness, and believed that investigations simply meant close scrutiny of things they would prefer to keep confidential. Not that anything they’d done had necessarily crossed a legal line; rather, some things done privately might not look so good if disclosed publicly, and might cause political embarrassment for the president.… The Bush administration lacked real accountability in large part because Bush himself did not embrace openness or government in the sunshine. His belief in secrecy and compartmentalization was activated when controversy began to stir.” [McClellan, 2008, pp. 117-118]
Robert Wright tears up as he apologizes to 9/11 victims’ relatives in his 2002 press conference. [Source: Getty Images]FBI agent Robert Wright holds a press conference. He makes a statement that has been preapproved by the FBI. As one account puts it, “Robert Wright’s story is difficult to piece together because he is on government orders to remain silent.… [T]his is in distinct contrast to the free speech and whistle-blower protections offered to Colleen Rowley, general counsel in the FBI Minneapolis office, who got her story out before the agency could silence her. Wright, a 12-year bureau veteran, has followed proper channels” but has been frustrated by limitations on what he is allowed to say (see September 11, 2001-October 2001). “The best he could do [is a] press conference in Washington, D.C., where he [tells] curious reporters that he [has] a whopper of a tale to tell, if only he could.” Wright says that FBI bureaucrats “intentionally and repeatedly thwarted [his] attempts to launch a more comprehensive investigation to identify and neutralize terrorists.” He also claims, “FBI management failed to take seriously the threat of terrorism in the US.” [Fox News, 5/30/2002; Federal News Service, 5/30/2002; LA Weekly, 8/2/2002] Larry Klayman, a lawyer representing Wright, says at the conference that he believes one reason Wright’s investigations were blocked “is because these monies were going through some very powerful US banks with some very powerful interests in the United States. These banks knew or had reason to know that these monies were laundered by terrorists. And there are very significant potential conflicts of interests in both the Clinton and Bush Administrations—with the country primarily responsible for funding these charities, mainly Saudi Arabia. We have both Clinton and Bush, and in particular this Bush Administration, who is as tight with Saudi Arabia as you can get.” He also says, “Corruption is knowing when something is not being done, knowing when the American people are being left unprotected and when you make a decision not to do something to protect the American people… And you effectively allow 9/11 to occur. That is the ultimate form of government corruption—dereliction of duty. That’s subject in the military to prosecution, to court martial…. Frankly, if not treason.” [Federal News Service, 5/30/2002]
The King of Jordan, Abdullah II, visits Washington to discuss the Israel-Palestinian peace process. Abdullah’s visit comes on the heels of Saudi Crown Prince Abdullah’s earlier visit, where he threatened to break off discussions with the US if President Bush refused to deal seriously with the matter (see Spring 2002). Though the Saudi leader seemingly shook up Bush with his unusually direct insistence on American action, Bush appears surprised that the Jordanian king is also concerned with the issue. Bush listens politely to Abdullah’s appeal, and says that the king’s idea of a “road map to peace” sounds reasonable. National Security Council official Flynt Leverett, the head of the NSC’s Mideast affairs division, promises Abdullah that such a “road map” will be drawn up by the end of 2002. No such proposal is ever completed; neoconservatives in the Defense Department (Donald Rumsfeld and Douglas Feith), the Vice President’s Office (John Hannah and Lewis “Scooter” Libby), and the NSC (Elliott Abrams) continue to oppose the idea, calling it nothing but a reward to the Palestinians for “bad behavior” (see December 2001-January 2002). Only if Palestine rejects terrorism and implements democracy will the US enter into negotiations, they insist, regardless of what promises Bush has made. [Esquire, 10/18/2007]
Entity Tags: Office of the Vice President, Donald Rumsfeld, Bush administration (43), Abdullah II ibn al-Hussein, Douglas Feith, Lewis (“Scooter”) Libby, Elliott Abrams, George W. Bush, US Department of Defense, Flynt Leverett, National Security Council, John Hannah
Timeline Tags: US International Relations
The Bush administration submits a proposed resolution to the UN Security Council that would grant indefinite immunity from prosecution by the International Criminal Court (ICC) (see July 17, 1998) to all UN peacekeeping military personnel who are from nations that do not accept the court’s jurisdiction. The proposal appeals to Article 16 of the Rome Statute which stipulates that the UN Security Council can grant deferrals on a temporary, case-by-case basis for nationals accused of war crimes who are from countries not party to the treaty. The US recommends that this provision for conditional immunity be universally pre-applied to all cases involving US military personnel engaged in UN peacekeeping. Immunity would be granted for a period of 12 months—but automatically and unconditionally renewed every year. As such, US troops would effectively be exempt from the jurisdiction of the ICC since it would take a UN Security Council resolution to end the automatic renewals and since the US holds veto power in the council. [New York Times, 5/7/2002; Boston Globe, 5/23/2002; Boston Globe, 7/1/2002; Independent, 7/4/2002] The US proposal is backed by threats that the US will withdraw its troops from international peacekeeping missions, starting with Bosnia (see June 30, 2002), and block funds to those missions as well. [Boston Globe, 5/23/2002; Agence France-Presse, 7/9/2002]
According to deputy press secretary Scott McClellan, the White House is in the midst of a large and widespread effort to manipulate public opinion in favor of the impending invasion of Iraq. Writing in 2008, McClellan will note: “[President] Bush and the White House were engaging in a carefully orchestrated campaign to shape and manipulate sources of public approval to our advantage. We’d done much the same on other issues—tax cuts and education—to great success. But war with Iraq was different. Beyond the irreversible human costs and the substantial financial price, the decision to go to war and the way we went about selling it would ultimately lead to increased polarization and intensified partisan warfare. Our lack of candor and honesty in making the case for war would later provoke a partisan response from our opponents that, in its own way, further distorted and obscured a more nuanced reality.… And through it all, the media would serve as complicit enablers. Their primary focus would be in covering the campaign to sell the war, rather than aggressively questioning the rationale behind the war in pursuing the truth behind it. The White House knew the national media would cover its arguments for war even if the underlying evidence was a little shaky. Questions ought to be raised, but the administration had the biggest platform, especially when something as dramatic and controversial as war was at stake. And the public is generally inclined to believe what the White House says, or at least give it the benefit of the doubt until the watchdog media proves it is unreliable. But in this case, the media would neglect their watchdog role, focusing less on truth and accuracy and more on whether the campaign was succeeding.” [McClellan, 2008, pp. 125-126] Writing in hindsight, McClellan will continue: “In the permanent campaign era, it was all about manipulating sources of public opinion to the president’s advantage. Of course, I didn’t see it that way at the time. Like most if not all of those involved, I viewed it as the way things were done to advance the broader agenda—simply part of the way Washington governed. I didn’t pause to think about the potential consequences of our campaign to manipulate the public debate. When you are caught up in the intense day-to-day experience of the White House and Washington, your focus is on winning the daily battles, which makes it extremely difficult to step back and have a clear-eyed perspective on the broader meaning of it all.… Today, the fatal flaws of the administration’s strategy are apparent. Bush’s team confused the political propaganda campaign with the realities of the war-making campaign. We were more focused on creating a sense of gravity and urgency about the threat from Saddam Hussein than governing on the basis of the truths of the situation.” [McClellan, 2008, pp. 134-135]
In a successful attempt to “steal” some media coverage from FBI agent Coleen Rowley’s testimony and concurrent media blitz (see June 6, 2002), the Bush administration counters with a public relations event of its own. The same day that Rowley testifies, President Bush announces the proposed creation of the new, Cabinet-level Department of Homeland Security (DHS)—an agency proposed by Democrats and, up till now, one that Bush has vehemently opposed, preferring instead to make any such agency a subsidiary office within the White House. It will be the largest reorganization of the government since the implementation of the 1947 National Security Act, when the Defense Department, National Security Council (NSC), and CIA were created. To ensure that Rowley’s testimony does not dominate the headlines, Bush also gives an evening speech on prime-time television, again announcing the new department. In that speech, Bush calls the DHS the latest effort in the US’s “titanic struggle against terror.” In 2006, author and media critic Frank Rich will write that the announcement and speech “assur[e] that Rowley’s whistle-blowing would be knocked out of the lead position on the next day’s morning shows and newspapers.” DHS will not be officially activated for almost six months (see November 25, 2002), but the announcement and subsequent speech succeeds in driving Rowley’s testimony off the front pages and the television broadcasts. Rich will write that the announcement of the capture of alleged “dirty bomber” Jose Padilla (see June 10, 2002) four days later, even though Padilla had been in custody since May 8 (see May 8, 2002), further drives any mention or analysis of Rowley’s testimony out of the news. [White House, 6/6/2002; CNN, 6/7/2002; Rich, 2006, pp. 49-50]
The General Accounting Office (GAO) concludes its own investigation of the so-called Clinton “vandal scandal” (see January 26, 2001), and finds that some minor destruction of property did take place within the White House during the final days of the Clinton administration. [New York Times, 6/12/2002]
Keyboards Damaged, Glue on Desks, Graffiti in Restroom, Stolen Plaque - The GAO finds that about $13,000 to $14,000 of damage actually took place; initial reports from Bush administration sources placed the damages at closer to $250,000. Much of that money was spent on replacing computer keyboards, some of which had the “W” key either pried off or defaced. Other damage included glue smeared on desk drawers, derogatory graffiti written on a stall in a White House men’s bathroom, disparaging messages left on telephone answering machines, and signs with satirical or disparaging messages affixed to White House office doors. A file cabinet had a sticker reading “Jail to the Thief” stuck inside one drawer, obviously referring to allegations that President Bush had stolen the 2000 presidential election. And a foot-wide presidential seal went missing from the Eisenhower Executive Office Building. The GAO report notes that similar pranks and property damage were reported during earlier transitions, including the 1993 transition between the first Bush administration and the incoming Clinton administration. “We were unable to conclude whether the 2001 transition was worse than previous ones,” the report says. “Any intentional damage at the White House complex, which is a national treasure, is both inappropriate and a serious matter. The theft of or willful damage to government property would constitute a criminal act.” Representative Bob Barr (R-GA), a Clinton critic who requested the GAO investigation as well as an earlier investigation conducted by the General Services Administration (see May 18, 2001), says of the GAO report, “The Clinton administration treated the White House worse than college freshmen checking out of their dorm rooms.” [New York Times, 6/12/2002; Los Angeles Times, 6/12/2002]
Most Allegations Never Confirmed - Salon correspondent Kerry Lauerman notes that the GAO report is “a far cry from what was promised by Republicans like… Barr.” He asks: “Whatever happened to the looting and trashing Barr said would be documented? The expensive paintings that were supposedly stolen from the White House? The ‘cut wires’ that White House press secretary Ari Fleischer had publicly referred to (see January 25, 2001)? The never-explained ‘porn bombs’ that anonymous GOP sources had complained about? The presidential seals that were stolen, or the historical doorknobs that had been yanked off for souvenirs?” Some of the allegations of missing items, such as the missing seal and antique doorknobs, cannot be demonstrated as the result of theft, but are merely listed as “missing.” And many of the items, such as the antique doorknobs, were not on original inventory lists, but, as Lauerman writes, “suddenly showed up on a White House list compiled in June 2001—based on the months-old ‘recollections’ of staffers—which does not exactly scream reliability” (see June 2-3, 2001). [Salon, 6/13/2002]
Bush White House Demands Further Investigations - Bush officials are reported to be “deeply disappointed” with the report, with White House counsel Alberto Gonzales demanding more details, including the full text of the graffiti and other messages that Gonzales describes as “especially offensive or vulgar.” Gonzales is disappointed that the report did not include, for example, “portions of a sign of a mock Time magazine cover” that was among the prank signs left in the White House, and that apparently contained a profanity. “It is vital to include the substance of specific graffiti, messages and signs observed” in order to fully document the acts of vandalism, Gonzales argues. “The content of a message can—and often does—indicate who wrote the message, and when” and “often provides an insight into the mindset or intention of the person who wrote it.” The GAO responds that such details are “unnecessary and inappropriate.” A Bush administration official accuses the GAO of “undertak[ing] a concerted effort to downplay the damage found in the White House complex.” Lauerman writes: “[I]t’s safe to say that a close reading of the GAO report doesn’t validate the charges of wanton, widespread destruction by the Clinton team. What it does show is the lengths to which the Bush administration went to try to make the scandal charges stick.” [New York Times, 6/12/2002; Salon, 6/13/2002]
Degrees of Cooperation - Democratic National Committee spokeswoman Jennifer Palmieri says: “The real scandal here is how much time and money the Republicans have wasted in a vendetta against the Clinton administration. It’s troubling that the White House cooperated so enthusiastically with this investigation, but refused to provide the GAO with records of the energy task force headed by Vice President Cheney” (see May 16, 2001). Bush spokeswoman Anne Womack responds: “The GAO confirmed that damage was done at the White House. We have considered this matter closed for more than a year. Our focus is on moving forward.” [New York Times, 6/12/2002]
Tremendous Cost of Investigation - Lauerman concludes: “The White House made 78 staffers available for interviews with the GAO, and clearly spent an enormous amount of energy just to try to stick another scandal to the Clintons. (Gonzales’ time alone, billed by the hour, might cost more than the $9,000-plus the GAO blamed on the Clintons.) After 11 months, and an investigation that Democrats told the Washington Post cost $200,000, one somehow expected more. Now that all the facts are in, it seems pretty clear which administration should get the blame for the White House vandal scandal.” [Salon, 6/13/2002]
Entity Tags: Alberto R. Gonzales, Anne Womack, Bush administration (43), Ari Fleischer, Robert “Bob” Barr, Clinton administration, General Services Administration, Kerry Lauerman, George W. Bush, Jennifer Palmieri, General Accounting Office
Timeline Tags: Domestic Propaganda
In a court brief in the detention case of Yaser Esam Hamdi (see December 2001), the Bush Justice Department argues against a judge’s decision that Hamdi, a US citizen, must be allowed representation by a lawyer (see June 11, 2002). Though that right is a fundamental precept of American jurisprudence, the Justice Department argues that to allow Hamdi to have access to a lawyer—indeed, to have any contact with the outside world—would interfere with his interrogation. Moreover, only the president and his officials can decide who is and who is not a terrorist, so the courts have no right to demand access to evidence and Hamdi has no need for a lawyer. “The courts may not second-guess the military’s enemy combatant determination,” the Bush lawyers argue. “Going beyond that determination would require the courts to enter an area in which they have no competence, much less institutional expertise, [and] intrude upon the constitutional prerogative of the commander in chief (and military authorities acting under his control).” The appeals court will rule in favor of the Bush administration’s argument, deny Hamdi access to a lawyer, and instruct the lower courts to be far more deferential to the president’s power as commander in chief in future cases (see July 12, 2002). [UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 6/12/2002 ; Savage, 2007, pp. 152-153]
Vice President Dick Cheney phones Senate Intelligence Committee chairman Bob Graham (D-FL). Cheney’s call comes early in the morning, and Graham takes it while still shaving. Cheney is agitated; he has just read in the newspaper that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack. But, the story continues, the intercepts were not translated until September 12, the day after the 9/11 attacks (see September 10, 2001). Cheney is enraged that someone leaked the classified information from the NSA intercepts to the press. As a result, Cheney says, the Bush administration is considering terminating all cooperation with the joint inquiry by the Senate and House Intelligence Committees on the government’s failure to predict and prevent the attacks (see September 18, 2002). (Graham co-chairs the inquiry.) Classified records would no longer be made available to the committees, and administration witnesses would not be available for interviews or testimony. Furthermore, Cheney says, unless the committee leaders take action to find out who leaked the information, and more importantly, take steps to ensure that such leaks never happen again, President Bush will tell the citizenry that Congress cannot be trusted with vital national security secrets. “Take control of the situation,” Cheney tells Graham. The senator responds that he, too, is frustrated with the leaks, but Cheney is unwilling to be mollified.
Quick Capitulation - At 7:30 a.m., Graham meets with the chairman of the House Intelligence Committee, Porter Goss (R-FL), and the ranking members of the committees, Senator Richard Shelby (R-AL, who will later be accused of leaking the information) and Nancy Pelosi (D-CA). They decide to request that the Justice Department conduct a criminal inquiry into whether anyone on either committee, member or staffer, leaked the information to the press. One participant in the meeting later says, “It was a hastily made decision, made out of a sense of panic… and by people with bleary eyes.” Another person involved in the decision later recalls: “There was a real concern that any meaningful oversight by Congress was very much at stake. The political dynamic back then—not that long after September 11—was completely different. They took Cheney’s threats very seriously.” In 2007, reporter Murray Waas will observe that Cheney and other administration officials saw the leak “as an opportunity to undercut Congressional oversight and possibly restrict the flow of classified information to Capitol Hill.”
Graham: Congress Victimized by White House 'Set Up' - In 2007, after his retirement from politics, Graham will say: “Looking back at it, I think we were clearly set up by Dick Cheney and the White House. They wanted to shut us down. And they wanted to shut down a legitimate Congressional inquiry that might raise questions in part about whether their own people had aggressively pursued al-Qaeda in the days prior to the September 11 attacks. The vice president attempted to manipulate the situation, and he attempted to manipulate us.… But if his goal was to get us to back off, he was unsuccessful.” Graham will add that Goss shared his concerns, and say that in 2003, he speculates to Goss that the White House had set them up in order to sabotage the joint inquiry; according to Graham, Goss will respond, “I often wondered that myself.” Graham will go on to say that he believes the NSA leak was not only promulgated by a member of Congress, but by White House officials as well; he will base his belief on the fact that Washington Post and USA Today reports contain information not disclosed during the joint committee hearing. “That would lead a reasonable person to infer the administration leaked as well,” he will say, “or what they were doing was trying to set us up… to make this an issue which they could come after us with.”
White House Goes Public - The same day, White House press secretary Ari Fleischer tells reporters, “The president [has] very deep concerns about anything that would be inappropriately leaked that could… harm our ability to maintain sources and methods and anything else that could interfere with America’s ability to fight the war on terrorism.”
Investigation Will Point to Senate Republican - An investigation by the Justice Department will determine that the leak most likely came from Shelby, but Shelby will deny leaking the intercepts, and the Senate Ethics Committee will decline to pursue the matter (see August 5, 2004). [National Journal, 2/15/2007]
Entity Tags: National Security Agency, George W. Bush, Bush administration (43), Daniel Robert (“Bob”) Graham, Ari Fleischer, House Intelligence Committee, Nancy Pelosi, Senate Ethics Committee, Senate Intelligence Committee, Richard Shelby, Richard (“Dick”) Cheney, Porter J. Goss, US Department of Justice, Murray Waas
Timeline Tags: Complete 911 Timeline, Civil Liberties
The Bush administration vetoes a UN Security Council Resolution that would have extended the UN peacekeeping mission in Bosnia for the next six months. The Council however agrees to extend the mission’s mandate for 72 hours, during which time it hopes members will be able to resolve a dispute with the US. [Boston Globe, 7/1/2002; BBC, 7/1/2002; BBC, 7/1/2002] The Bush administration vetoed the resolution because UN Security Council members did not accept a proposal (see June 2002) that would grant indefinite immunity from prosecution by the International Criminal Court (ICC) (see July 17, 1998) (which opens on this day) to all UN peacekeeping military personnel who are from nations that do not accept the court’s jurisdiction. Explaining Washington’s veto, US Ambassador to the UN John Negroponte explains, “With our global responsibilities, we are and will remain a special target, and cannot have our decisions second-guessed by a court whose jurisdiction we do not recognize.” [Boston Globe, 7/1/2002; BBC, 7/1/2002; BBC, 7/1/2002] If a compromise cannot be reached, UN peacekeeping forces will have to leave Bosnia. A failure to renew the UN mandated mission in Bosnia could also affect Nato’s 19,000-strong Stabilization Force in Bosnia, or S-For, which includes 3,100 Americans. “Although S-For does not legally require a Security Council mandate, some of the 19 countries contributing to it have indicated they will withdraw their troops without one,” the BBC reports. [BBC, 7/1/2002]
Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). [Public Record, 2/22/2009]
Entity Tags: US Department of State, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, Central Intelligence Agency, US Department of Justice, Condoleezza Rice, Geneva Conventions, David S. Addington, Richard (“Dick”) Cheney, George W. Bush, US Department of Defense
Timeline Tags: Civil Liberties
Joint Personnel Recovery Agency logo. [Source: US Air Force]The Joint Personnel Recovery Agency (JPRA), the Pentagon agency tasked with advising the Defense Department on the use of harsh interrogation techniques—torture—against suspected terrorists in US custody (see December 2001), sends an unsigned memo to the Pentagon’s chief counsel, William Haynes, advising him that the use of such methods would constitute “torture,” and would produce “unreliable information” from torture victims.
Memo Warned of Torture Would Produce Bad Information - “The requirement to obtain information from an uncooperative source as quickly as possible—in time to prevent, for example, an impending terrorist attack that could result in loss of life—has been forwarded as a compelling argument for the use of torture,” the document reads. “In essence, physical and/or psychological duress are viewed as an alternative to the more time-consuming conventional interrogation process. The error inherent in this line of thinking is the assumption that, through torture, the interrogator can extract reliable and accurate information. History and a consideration of human behavior would appear to refute this assumption.” The key deficiency of physical or psychological duress is the reliability and accuracy of the information gained, the memo says. “A subject in pain may provide an answer, any answer, or many answers in order to get the pain to stop.” The memo also warns that the use of torture by the US could influence US enemies to torture American captives: “The unintended consequence of a US policy that provides for the torture of prisoners is that it could be used by our adversaries as justification for the torture of captured US personnel.” It concludes that “the application of extreme physical and/or psychological duress (torture) has some serious operational deficits, most notably the potential to result in unreliable information.” The word “extreme” is underlined.
Also Sent to CIA - Besides Haynes, the memo is forwarded to the Pentagon’s Office of the General Counsel, and apparently to CIA chief counsel John Rizzo and the Justice Department. It is unclear whether high-ranking White House officials will see the document.
One of Many Warnings - JPRA chief of staff Daniel Baumgartner will later say that the agency “sent a lot of cautionary notes” regarding harsh techniques. “There is a difference between what we do in training and what the administration wanted the information for,” Baumgartner will tell a reporter in 2009. “What the administration decided to do or not to do was up to the guys dealing with offensive prisoner operations.… We train our own people for the worst possible outcome… and obviously the United States government does not torture its own people.”-
Senator Says Memo Suppressed - After the memo becomes public knowledge as part of a Senate report on Bush administration torture decisions (see April 21, 2009), Senator Carl Levin (D-MI), the chairman of the Armed Services Committee, will say that he believes the memo was deliberately ignored and perhaps suppressed. Levin will call the memo’s treatment “part of a pattern of squelching dissent.” A Bush administration official will later say of the memo: “That information was not brought to the attention of the principals. That would have been relevant. The CIA did not present with pros and cons, or points of concern. They said this was safe and effective, and there was no alternative.” The memo conflicts with proposals from two JPRA psychologists heavily involved in creating a program of harsh interrogation tactics (see January 2002 and After). [Joint Personnel Recovery Agency, 7/2002 ; Washington Post, 4/25/2009]
The UN Security Council extends the mandate of the UN peacekeeping mission in Bosnia while its members continue to debate over a US proposal to grant all UN peacekeeping military personnel from countries not party to the Rome Statute (see July 17, 1998) immunity from prosecution by the International Criminal Court (ICC) (see July 17, 1998). The Bush administration has made it clear that it will not support the UN mandated mission in Bosnia if the Security Council does not accept its proposal. [Agence France-Presse, 7/9/2002]
Laurent Murawiec. [Source: Hudson Institute]A briefing given to a top Pentagon advisory group by RAND Corp. analyst Laurent Murawiec states: “The Saudis are active at every level of the terror chain, from planners to financiers, from cadre to foot-soldier, from ideologist to cheerleader.… Saudi Arabia supports our enemies and attacks our allies.” Saudi Arabia is called “the kernel of evil, the prime mover, the most dangerous opponent.” This position still runs counter to official US policy, but the Washington Post says it “represents a point of view that has growing currency within the Bush administration.” The briefing suggests that the Saudis be given an ultimatum to stop backing terrorism or face seizure of their oil fields and financial assets invested in the United States. The advisory group, the Defense Policy Board, is headed by Richard Perle. [Washington Post, 8/6/2002] An international controversy follows the public reports of the briefing in August 2002 (for instance, [Scotsman, 8/12/2002] ). In an abrupt change, the media starts calling the Saudis enemies, not allies, of the US. Slate reports details of the briefing the Post failed to mention. The briefing states, “There is an ‘Arabia,’ but it needs not be ‘Saudi.’” The conclusion of the briefing: “Grand strategy for the Middle East: Iraq is the tactical pivot. Saudi Arabia the strategic pivot. Egypt the prize.” [Slate, 8/7/2002] Note that a similar meeting of the Defense Policy Board appears to have preceded and affected the United States’ decision to take a warlike stance against Iraq (see September 19-20, 2001). Murawiec is later identified as a former editor of the Executive Intelligence Review, a magazine controlled by Lyndon LaRouche, an infamous far-right conspiracy theorist and convicted felon. Perle invited Murawiec to make his presentation. [New Yorker, 3/17/2003]
After much debate, the UN Security Council adopts Resolution 1422 under pressure from the United States. The resolution delays, for a period of twelve months, the prosecution and investigation by the International Criminal Court (ICC) of any UN peacekeeping personnel accused of war crimes. After one year, the delay can be extended with the passage of another resolution. The privilege applies only to personnel from states that are not party to the Rome Statute. [United Nations, 7/12/2002; New York Times, 7/13/2002] The US had previously demanded a permanent exemption (see June 2002), which was strongly opposed by the other members. The US proposed Resolution 1422 as a compromise and threatened to block future resolutions extending UN peacekeeping missions, beginning with ones in Bosnia and the Croatian peninsula of Prevlaka, if the Security Council did not adopt it. [New York Times, 7/11/2002; New York Times, 7/12/2002; New York Times, 7/13/2002] Immediately after adopting Resolution 1422, the council extends the mandates for the two UN peacekeeping missions. [New York Times, 7/13/2002] Afterwards, John Negroponte states: “Should the ICC eventually seek to detain any American, the United States would regard this as illegitimate—and it would have serious consequences. No nation should underestimate our commitment to protect our citizens.” [New York Times, 7/13/2002]
After nearly two years of legal wrangling, the Bush administration releases financial and other records from the November-December 2000 campaign to the Internal Revenue Service. Those records include hundreds of pages of documents regarding the Bush campaign’s efforts to win the Florida recounts (see 9:00 a.m. and after, November 22, 2000). The George W. Bush recount committee spent $13.8 million on its efforts to influence the recount, while long-available documents from the Al Gore recount operation show that Gore spent about a quarter of that amount, $3.2 million. The Bush campaign spent more than that on lawyers—$4.4 million. The Bush records document some 250 paid staffers, payouts of $1.2 million to fly operatives to and from Florida, and about $1 million in hotel bills. Additionally, a fleet of corporate jets was provided to the recount operation, many of them paid for by Enron Corporation and its CEO Kenneth Lay, a prominent Bush backer. Other jets were provided by Halliburton, where Vice President Dick Cheney had served as chairman and CEO. [Consortium News, 8/5/2002]
John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The memo’s contents will remain secret, but the American Civil Liberties Union (ACLU) will learn that the memo regards the 1984 Convention Against Torture. According to the memo, the first fifteen articles of the Convention, ratified by the United States almost a decade before, “are non-self executing and place no affirmative obligations on the executive branch.” Furthermore, international law in general “lacks domestic legal effect, and in any event can be overridden by the president,” the memo states. In essence, Yoo concludes that the Convention can be ignored by the president. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [United Nations High Commissioner for Human Rights, 12/10/1984; American Civil Liberties Union [PDF], 1/28/2009 ; ProPublica, 4/16/2009]
A memo written by an intelligence analyst working under Pentagon policy chief Douglas Feith asserts that while “some analysts have argued” that Osama bin Laden will not cooperate with secular Arab groups like Iraq, “reporting indicates otherwise.” A subsequent investigation by the Pentagon’s Office of Inspector General (see February 9, 2007) will criticize the memo, titled “Iraq and al-Qaeda: Making the Case,” saying that it constituted an “alternative intelligence assessment” and therefore should have been developed in accordance with intelligence agency guidelines for publishing alternative views. [US Department of Defense, 2/9/2007 ; New York Times, 2/9/2007] Nevertheless, Bush administration officials such as Defense Secretary Donald Rumsfeld, CIA Director George Tenet, DIA Director Thomas Wilson, Deputy National Security Adviser Stephen Hadley, and the chief of staff for Vice President Cheney, Lewis “Scooter” Libby, embrace the memo. Cheney’s office is particularly enamoured of the report; journalists Franklin Foer and Spencer Ackerman later report a White House official as saying of Cheney and his staffers, “They so believed that the CIA were wrong, they were like, ‘We want to show these f_ckers that they are wrong.” The memo is based on an earlier briefing by Feith entitled “Assessing the Relationship between Iraq and al-Qaeda,” which accused the CIA of using overly rigorous standards to analyze information that might show links between Iraq and the terrorist organization. Feith’s briefing uses almost no evidence to claim a “mature, symbiotic” relationship between the two, alleging “more than a decade of numerous contacts” between al-Qaeda and the Hussein government, and asserting “possible Iraqi coordination with al-Qaeda specifically related to 9/11.” [Scoblic, 2008, pp. 220-222] An updated version of the “Making the Case” briefing will be presented to the White House in September 2002 (see September 16, 2002).
Entity Tags: Office of the Vice President, Thomas Wilson, Office of Special Plans, Stephen J. Hadley, Spencer Ackerman, Lewis (“Scooter”) Libby, Franklin Foer, Donald Rumsfeld, Bush administration (43), George J. Tenet, Douglas Feith
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion
Former residents of the island of Diego Garcia request permission from the Bush administration to visit their former homeland. They were forcibly relocated from their homes between 1971 and 1973 (see July 27, 1971-May 26, 1973) to make way for a US base. In response, the Bush administration says in a letter: “Because of the vital role the facility plays in the global war on terrorism, British authorities have denied permission to visit Diego Garcia. We concur and support the decision.” [CNN, 6/18/2003]
Nuclear Threat Initiative logo. [Source: Nuclear Threat Initiative]The US decides to oversee the removal of two nuclear weapons’ worth of nuclear material from the Vinca Institute in Serbia, part of a defunct Yugoslavian nuclear weapons program. Unfortunately, the Bush administration has cut funding for the government’s nuclear nonproliferation programs so drastically (see January 10, 2001 and After) that it is forced to rely on the efforts of a private foundation. The Nuclear Threat Initiative (NTI), founded by former Democratic Senator Sam Nunn and media tycoon Ted Turner, contributes $5 million to the effort—double the funding contributed by the State Department. US and Serbian authorities, in conjunction with NTI, transport 5,000 rods of highly enriched uranium from the site, most likely to be stored at Russia’s Ulyanovsk Nuclear Processing Plant. “Serbia might have decided to sell this material to Iraq,” says national security expert Joseph Cirincione. “It’s a good thing for all of us that that possibility has now been eliminated.” When the operation is successfully concluded, Energy Secretary Spencer Abraham, whose department oversees the securing of “loose” nuclear material from around the world, learns of it through newspaper reports. [Nuclear Threat Initiative, 8/23/2002; New York Times, 8/23/2002; Scoblic, 2008, pp. 208]
While the Bush White House publicly denies any desire for war with Iraq, and says it is committed to working with the United Nations to find a diplomatic course of action, behind the scenes the administration’s lawyers are working on a legal justification for war. White House counsel Timothy Flanigan develops a legal position that argues the president needs no Congressional authorization to attack Iraq. Flanigan’s superior, chief White House counsel Alberto Gonzales, presents Flanigan’s legal rationale to President Bush. Flanigan’s chief argument is that the president’s “inherent power as commander in chief” (see 1901-1909 and June 2, 1952) gives him the right to unilaterally take the country to war. Flanigan’s backup position is invoking the 1991 Congressional authorization for the Persian Gulf War (see January 9-13, 1991), and the UN Security Council’s resolutions from that time period (see November 29, 1990). Nevertheless, the White House will demand an authorization for war from Congress (see October 11, 2002)—an authorization White House officials say Bush has no intention of using except as a means of bringing diplomatic pressure against Iraq. [Savage, 2007, pp. 156]
Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 ] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]
Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” [Office of Legal Counsel, 8/1/2002 ; CNN, 4/17/2009]
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. [American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Entity Tags: John Rizzo, Central Intelligence Agency, Bush administration (43), Office of Legal Counsel (DOJ), Jay S. Bybee, American Civil Liberties Union, John C. Yoo, US Department of Justice, Senate Intelligence Committee, Abu Zubaida, Alberto R. Gonzales
Timeline Tags: Torture of US Captives
More than 50 countries sign “Article 98” agreements with the US under threat of losing US military aid. Article 98 agreements, so called because the US claims they have a legal basis in Article 98 of the Rome Statute (see July 17, 1998), are bilateral immunity agreements (BIA) that prohibit both parties from extraditing the other’s current or former government officials, military and other personnel to the International Criminal Court (ICC) . With the exception of a few close allies, countries that are party to the ICC (see July 17, 1998) and have not signed the agreements will become ineligible for US military aid when on July 1, 2003 (see July 1, 2003) Section 2007 of the American Servicemembers’ Protection Act (see August 2, 2002) goes into effect. The Bush administration hopes that the “Article 98” agreements will protect US troops and officials from being prosecuted by the International Criminal Court (ICC) for any alleged war crimes committed in a country that is party to the court. Critics say the BIAs are inexcusable attempts to gain impunity from war crimes. Some countries sign the agreement despite popular opposition and ask the Bush administration not to make the agreements public. [CNS News, 8/5/2002; New York Times, 8/7/2002; New York Times, 8/10/2002; Coalition for the International Court, 9/2003 ]
A federal judge rules that the Bush administration must reveal the identities of the hundreds of people secretly arrested after the 9/11 attacks within 15 days. [Washington Post, 8/3/2002] The judge calls the secret arrests “odious to a democratic society.” The New York Times applauds the decision and notes that the government’s argument that terrorist groups could exploit the release of the names makes no sense, because the detainees were allowed a phone call to notify anyone that they were being held. [New York Times, 8/6/2002] Two weeks later, the same judge agrees to postpone the release of the names until an appeals court can rule on the matter. [New York Times, 8/16/2002]
Brent Scowcroft, a Bush foreign affairs adviser who has been marginalized and scorned by administration neoconservatives (see October 16, 2001 and March 2002), appears on CBS’s “Face the Nation” to make his case that the US should not invade Iraq. Scowcroft, with the blessing of his friend and patron George H. W. Bush, is in the midst of a one-man media blitz, having already appeared on Fox News and the BBC to argue his position (see September 1998). The administration’s other high-profile centrists, Secretary of State Colin Powell and National Security Adviser Condoleezza Rice, have refused to publicly disagree with the administration’s push for war. [Unger, 2007, pp. 242-243] Scowcroft warns that a unilateral invasion of Iraq could destabilize the Middle East and undermine efforts to defeat international anti-American militant groups. He says: “It’s a matter of setting your priorities. There’s no question that Saddam is a problem. He has already launched two wars and spent all the resources he can working on his military. But the president has announced that terrorism is our number one focus. Saddam [Hussein] is a problem, but he’s not a problem because of terrorism. I think we could have an explosion in the Middle East. It could turn the whole region into a cauldron and destroy the war on terror.” [London Times, 8/5/2002]
Senator Chuck Hagel (R-NE) warns that any invasion and subsequent occupation of Iraq will be more difficult and prolonged than the Bush administration is acknowledging. On CBS’s Face the Nation, Hagel reminds viewers, “[W]e haven’t been in there [Iraq] for four years.” He continues: “We haven’t had any UN inspectors in there for four years. Our intelligence is limited. We have to rely on second-, third-party intelligence from other nations, as well as our own intelligence.… And this nonsense about some antiseptic air war is going to do it, that’s folly. The fact is that we’re going to go in there. We need to go in there with all the might we can to finish the job and do it right. And that’s going to require ground troops.” When asked how many ground troops, Hagel responds: “I don’t know what that is.… Some of the numbers that we heard are 250,000, 200,000. But as I said this week, if you think you’re going to drop the 82nd Airborne in Baghdad and finish the job, I think you’ve been watching too many John Wayne movies.” [CBS News, 8/4/2002] Hagel will vote “yes” to authorize the war (see October 10, 2002). [Rich, 2006, pp. 61-62]
A Newsweek article suggests that some of President Bush’s advisers advocate not only attacking Iraq, but also Saudi Arabia, Iran, North Korea, Syria, Egypt, and Burma, shocking many. One senior British official tells the magazine: “Everyone wants to go to Baghdad. Real men want to go to Tehran.” [Newsweek, 8/11/2002; Newsweek, 8/11/2002] In February 2003, US Undersecretary of State John Bolton will say in meetings with Israeli officials that he has no doubt America will attack Iraq, and that it will be necessary to deal with threats from Syria, Iran, and North Korea afterward. This is largely unreported in the US media. [Ha'aretz, 2/17/2003; St. Petersburg Times, 2/19/2003; WorldNetDaily, 2/25/2003] In April 2003, former CIA Director James Woolsey will say that the US is engaged in a “world war,” where the enemies include not only Islamic extremists like al-Qaeda, but also the religious rulers of Iran, and the “fascists” of Iraq and Syria (see April 3, 2003). [Observer, 4/6/2003] Wesley Clark, the former NATO supreme allied commander, later recalls having been told of a Defense Department plan to take out “seven countries in five years,” beginning with Iraq and Syria, and ending with Iran (see Early November 2001). [Salon, 10/12/2007]
Neoconservative Richard Perle, the head of the Pentagon’s Defense Policy Board, says that the Bush administration has expended so much time and effort in making its case for war against Iraq that it has no other choice except to invade. He says, “The failure to take on Saddam [Hussein]… would produce such a collapse of confidence in the president that it would set back the war on terrorism.” [New York Times, 8/16/2002] In 2006, author Frank Rich interprets Perle’s words, writing: “If Bush didn’t get rid of Saddam after all this saber rattling, he will look like the biggest wimp since—well, his father. If he didn’t do it soon, after all these months of swagger, he would destroy his credibility and hurt the country’s.” [Rich, 2006, pp. 62]
Howard Kurtz. [Source: CNN / ThinkProgress.org]In 2007, Washington Post media critic Howard Kurtz will say, “From August 2002 until the war was launched in March of 2003 there were about 140 front page pieces in The Washington Post making the [Bush] administration’s case for war. It was, ‘The President said yesterday.’ ‘The Vice President said yesterday.’ ‘The Pentagon said yesterday.’ Well, that’s part of our job. Those people want to speak. We have to provide them a platform. I don’t have anything wrong with that. But there was only a handful—a handful—of stories that ran on the front page, some more that ran inside the pages of the paper, that made the opposite case. Or, if not making the opposite case, raised questions.” [PBS, 4/25/2007] Kurtz will also write in an August 2004 front page Washington Post story criticizing the newspaper’s pre-war coverage, “An examination of the paper’s coverage, and interviews with more than a dozen of the editors and reporters involved, shows that The Post published a number of pieces challenging the White House, but rarely on the front page. Some reporters who were lobbying for greater prominence for stories that questioned the administration’s evidence complained to senior editors who, in the view of those reporters, were unenthusiastic about such pieces. The result was coverage that, despite flashes of groundbreaking reporting, in hindsight looks strikingly one-sided at times.” At the time, The Post’s editorial page was strongly advocating war with Iraq. For instance, a day after Colin Powell’s presentation to the UN (see February 5, 2003), the Post commented that “it is hard to imagine how anyone could doubt that Iraq possesses weapons of mass destruction.” [Washington Post, 8/12/2004]
Although he will later come to prominence for accusing it of failing to adequately address the al-Qaeda threat before 9/11 (see March 21, 2004), in a background briefing to reporters, former counterterrorism “tsar” Richard Clarke appears to praise the Bush administration for aggressively pursuing al-Qaeda from the outset. [CNN, 3/24/2004]
'Rapid Elimination' - During the briefing, Clarke says that when the Bush administration came into office in January 2001, it had “decided then” to “vigorously pursue the existing policy” on al-Qaeda, “including all of the lethal covert action findings.” He says that in the first week of February 2001, the administration decided in principle “to add to the existing Clinton strategy and to increase CIA resources, for example, for covert action, five-fold, to go after al-Qaeda.” He says the strategy was changed “from one of rollback with al-Qaeda over the course of five years, which it had been, to a new strategy that called for the rapid elimination of al-Qaeda.”
Response to Time Magazine - Clarke responds to a recent Time magazine article that suggested the Bush administration was unwilling to adopt suggestions made in the Clinton administration because of a general animus against its foreign policy. He says: “This is the one issue where the National Security Council leadership decided continuity was important and kept the same guy around, the same team in place. That doesn’t sound like animus against, uh, the previous team to me.” He is asked, “You’re saying that the Bush administration did not stop anything that the Clinton administration was doing while it was making these decisions, and by the end of the summer had increased money for covert action five-fold?” Clarke replies, “All of that’s correct.”
No Plan, No Delay - One reporter asks about an alleged Clinton administration plan against al-Qaeda, to which Clarke responds, “There was never a plan.” Regarding problems the Clinton administration faced in dealing with the al-Qaeda threat, a reporter asks, “And none of that really changed until we were attacked [on 9/11]?” Clarke says: “No, that’s not true. In the spring, the Bush administration changed—began to change Pakistani policy, um, by a dialogue that said we would be willing to lift sanctions.… So that’s really how it started.” He is asked, “[W]hat you’re saying is that… one, there was no plan; two, there was no delay; and that actually the first changes since October of ‘98 were made in the spring months just after the [Bush] administration came into office?” Clarke replies: “You got it. That’s right.” [Fox News, 3/24/2004]
Comments Published - In March 2004, the White House will violate a long-standing confidentiality policy by authorizing Fox News to publish these comments that Clarke has made off the record (see March 24, 2004). [Columbia Journalism Review, 3/25/2004; FindLaw, 4/9/2004]
Clarke's Explanation - Around that time, when Clarke appears before the 9/11 Commission (see March 24, 2004), Commissioner James Thompson will ask him about the apparent discrepancies between his comments during this briefing and the criticisms he makes of the Bush administration in his book Against All Enemies. Clarke will explain that his briefing was in the context of Time magazine’s critical story. He will say, “So I was asked by several people in senior levels of the Bush White House to do a press backgrounder to try to explain that set of facts in a way that minimized criticism of the administration.” He will add, “I was asked to highlight the positive aspects of what the administration had done, and to minimize the negative aspects of what the administration had done.” [9/11 Commission, 3/24/2004] Former Nixon White House counsel John Dean will defend Clarke, writing, “The truth is that the background briefing simply does not conflict with anything Clarke says openly, if more bluntly, in his book.” [FindLaw, 4/9/2004]
Previous Briefing for 9/11 Congressional Inquiry - Two months before this, Clarke had briefed the 9/11 Congressional Inquiry on the Bush administration’s counterterrorism record and had been largely uncritical of its policies (see June 11, 2002).
Ari Fleischer. [Source: Washington Post]White House press secretary Ari Fleischer says that White House lawyers believe President Bush does not need the approval of Congress before launching an attack against Iraq. Fleischer goes on to say that such a consultation with Congress is important, if not constitutionally necessary, because “Congress has an important role to play.… The president knows that any decision he makes on a hypothetical congressional vote will be guided by more than one factor, more than legal factors alone.” Bush “would consider a variety of legal, policy, historical factors in making up his mind about this, if it again becomes a relevant matter. The president knows that in a democracy, it’s vital to have the support of the public if he reaches any point where he makes decisions about military action.” [CNN, 8/26/2002] Article I, Section 8 of the Constitution specifically states that Congress, not the executive branch, has the responsibility of declaring war with another nation. In modern US history, the judiciary has concurred with a number of presidents that the executive branch has limited powers to authorize military strikes, though not the power to commit US forces to a region for an extended period of time without Congressional approval. [University of Missouri-Kansas City, 8/16/2007] And the 1973 War Powers act requires the president to consult with Congress before deploying the military in “hostilities,” to notify Congress of troop commitments within 48 hours of deployment, and to end hostilities within 60 days unless Congress declares war or grants an extension to the deployment. In previous deployments since the law’s passage, presidents have often ignored the law, and Congress has usually not pressed the issue. White House lawyers say Bush has such authority based on his constitutional power to make military decisions as commander in chief, as well as under the terms of the 1991 Gulf War resolution and the September 14, 2001 Congressional resolution approving military action against terrorism. But House Minority Leader Dick Gephardt (D-MO) says that it is “imperative” that Congress debate and vote on any plan to attack Iraq. “This issue is much more than just a legal debate. The president will need the decisive support of the public and their elected representatives in order to initiate and sustain the effort that will be required to eliminate the threat posed by this regime.” [CNN, 8/26/2002]
The Washington Post reports, “A global campaign to block al-Qaeda’s access to money has stalled, enabling the terrorist network to obtain a fresh infusion of tens of millions of dollars and putting it in a position to finance future attacks, according to a draft UN report.” In the months immediately following 9/11, more than $112 million in assets was frozen. Since then, only $10 million more has been frozen, and most of the original money has been unfrozen due to lack of evidence. Private donations to the group, estimated at $16 million a year, are believed to “continue, largely unabated.” The US and other governments are not sharing information about suspected militants, and known militants are not being put on official lists of suspected terrorists. [Washington Post, 8/29/2002] One month later, a report by the Council on Foreign Relations, an influential US think tank, largely blames the US relationship with Saudi Arabia for the failure. The report says, “It is worth stating clearly and unambiguously what official US government spokespersons have not. For years, individuals and charities based in Saudi Arabia have been the most important source of funds for al-Qaeda, and for years the Saudi officials have turned a blind eye to this problem.” The report will also note that the Bush administration “appears to have made a policy decision not to use the full power of US influence and legal authorities to pressure or compel other governments to combat terrorist financing more effectively.” [Washington Post, 10/16/2002] News reports from early 2006 will show little change to the situation (see November 29, 2005; January 15, 2006).
Patsy Spier, an American teacher wounded in the attack. Her husband Rick Spier was killed. [Source: US Department of Justice]A group of US teachers traveling in the Indonesian province of Papua (also known as Irian Jaya) are ambushed on a jungle road. Two American teachers and one Indonesian teacher are killed, and eight American teachers are injured. The ambush takes place on a road owned by the company Freeport-McMoRan, which owns an extremely lucrative gold and copper mine nearby. The road is tightly controlled by the Indonesian military, the TNI, and a military check point is only 500 yards away. The TNI quickly blames the killings on the Free Papua Movement (OPM), a separatist group in the province. But a preliminary Indonesian police investigation finds that “there is a strong possibility” the ambush was carried out by members of the Indonesian military. Other classified reports presented to Congress by the CIA and FBI suggest the TNI was behind the ambush. [Washington Post, 6/22/2003] The weeks later, a US intelligence report suggests that senior Indonesian military officials discussed an operation against Freeport shortly before the ambush (see Mid-September 2002). [Washington Post, 11/3/2002] Matthew P. Daley, deputy assistant secretary of state for East Asian and Pacific Affairs, later says: “The preponderance of evidence indicates to us that members of the Indonesian army were responsible for the murders in Papua. The question of what level and for what motive did these murders take place is of deep interest to the United States.” At the time, over 2,000 security personnel were guarding the Freeport mine, and this has been a lucrative business for the TNI. However, Freeport had made recent comments in the local media that they were planning on cutting the security forces. The Washington Post will report in 2003 that the FBI is investigating the possibility that the ambush was designed to make Freeport increase its payments to the TNI. The Post will additionally report US officials also believe that “elements of the military may have wanted to frame the [OPM] in the hope of prompting the State Department to add the group to the department’s terrorist list. If the separatists were listed as a terrorist group, it would almost guarantee an increase in US counterterrorism aid to the Indonesian military.” [Washington Post, 6/22/2003] In 2006, the New York Times will report that, despite all the evidence, “Bush administration officials [have] consistently sought to absolve the Indonesian military of any link to the killings.” In November 2005, the US officially restores ties to the TNI despite the unresolved nature of the killings. The ties had been cut for 12 years due to widespread human rights abuses by the TNI. Also in 2006, Anthonius Wamang, the main suspect in the killings who was recently arrested, will confess that he did shoot at the teachers, but so did three men in Indonesian military uniforms. Furthermore, he says he was given his bullets by a senior Indonesian soldier. Wamang is said to belong to the OPM, but a human rights group connects him to the TNI. [New York Times, 1/14/2006] After the Bali bombings less than two months later (see October 12, 2002), the Asia Times will point to the Papua ambush to suggest that elements in the TNI could have had a role in the Bali bombings as well. [Asia Times, 11/7/2002]
The Bush White House establishes a “high-level, interagency task force” charged with the task of “coordinating all Iraq war planning efforts and postwar initiatives.” The task force is headed by the Deputies Committee, which is made up of the “No. 2 officials at the Pentagon, Joint Chiefs of Staff, State Department, CIA, National Security Council, and vice president’s office.” The committee’s job is to review the work of other groups who have been involved in the planning of post-war Iraq, and provide recommendations to President Bush’s top advisers. The committee draws on the work of the Pentagon’s Office of Special Plans (OSP) (see 2002-2003 and September 2002), Elliott Abrams’s group (see November 2002-December 2002 and December 2002) and the State Department’s “Future of Iraq” project (see April 2002-March 2003). Later accounts make clear that Abrams’s and the OSP’s recommendations have much more influence. The Deputies Committee usually meets in the White House situation room. National Security Adviser Condoleezza Rice keeps Bush updated on the progress of the task force’s work. In November, US News and World Report reports that a consensus is forming “at the highest levels of the Bush administration over how to run the country after Saddam and his regime are history.” [Financial Times, 11/4/2002; US News and World Report, 11/25/2003; Reuters, 11/25/2003]
Some Conclusions of the Deputies Committee -
No US-Created Government - The US should not create a provisional government or a government in exile. “We are not going to be in the business of choosing” who should lead Iraq, a senior official tells US News and World Report. [US News and World Report, 11/25/2003]
Lengthy Occupation - The invasion of Iraq will likely be followed by a lengthy occupation. This conclusion is passed on to Bush. “I have been with the president when he has been briefed about the need to have US forces there for an extended period of time,” a senior administration official will later tell US News and World Report. [US News and World Report, 11/25/2003]
Military Occupation Rule before Turning over Rule to Iraqis - During the first phase of the occupation, Iraq will be ruled by the military, probably a US general. The primary objective during this phase will be maintaining security and preventing the emergence of hostilities between the Shi’ites and Sunnis. Pentagon officials involved in planning this stage are reported to have reviewed the archived plans for the occupation of Germany and Japan. The second phase of the occupation will involve some sort of international civilian administration, with a diminished US military presence, and Iraqis will be given a larger role in the government. In the last phase, a constitution will be drafted, transferring power to a representative, multiethnic Iraqi government that commits to being free of weapons of mass destruction. [US News and World Report, 11/25/2003]
War Paid for by Iraqi Oil - Revenue generated from the sale of Iraq’s oil will be used for the cost of reconstruction and for conducting humanitarian operations. Hardliners however want the funds to pay for the military costs of the invasion as well. [US News and World Report, 11/25/2003]
Dissension over Roles of Iraqi Exiles - No firm decisions are made about the what role, if any, Iraqi exiles affiliated with the Iraqi National Congress (INC) will play in post-Saddam Iraq. Pentagon hardliners and some top officials in the White House favor giving them a prominent role, while the CIA and State Department adamantly oppose their inclusion, arguing that the exiles cannot be trusted. [US News and World Report, 11/25/2003]
US Will Not Be Seen as 'Liberators' - Iraqis will not necessarily treat the invading American soldiers as “liberators.” Many Iraqis harbor a deep resentment against the US for the decades-long sanction policy. [US News and World Report, 11/25/2003]
Entity Tags: Office of Special Plans, National Security Council, Office of the Vice President, US Department of State, Joint Chiefs of Staff, US Department of Defense, George W. Bush, Iraqi National Congress, Bush administration (43), Central Intelligence Agency, Ahmed Chalabi, Condoleezza Rice, Elliott Abrams
Timeline Tags: Events Leading to Iraq Invasion
As the administration’s push to convince Americans that the Iraq war is necessary is reaching its height, the Pentagon sends its military analysts out to the television networks and the press (see April 20, 2008 and Early 2002 and Beyond) with talking points portraying Iraq as an imminent threat. The analysts are to emphasize that Iraq has chemical and biological weapons that it can and will use, that it is developing nuclear weapons, and that it is sure to provide these weapons to al-Qaeda. A military invasion, the talking points state, is not only a necessity, but will be a relatively quick, relatively bloodless, and relatively inexpensive “war of liberation.” Pentagon public relations chief Victoria Clarke and her staff are thrilled at how well the analysts incorporate Pentagon talking points into their own presentations. Clarke’s aide Brent Krueger recalls: “You could see that they were messaging. You could see they were taking verbatim what the secretary was saying or what the technical specialists were saying. And they were saying it over and over and over.” Some days, “We were able to click on every single station and every one of our folks were up there delivering our message. You’d look at them and say, ‘This is working.’” [New York Times, 4/20/2008]
In 2008, Scott McClellan, currently the deputy press secretary in the Bush administration, will describe the current belief in the White House that overthrowing Iraq’s Saddam Hussein will lead to the overall democratization of the Middle East. According to McClellan, once Hussein has been overthrown and democracy established, the White House believes “it would serve as an example to other freedom-seeking reformers in the Middle East.” McClellan will call this ideal a “positive domino effect” that would bring about transformative, democratic change in Iran and Afghanistan. Both Iran and Iraq, McClellan will write, have “a significant number of well-educated, forward-looking citizens,” and as for Afghanistan, that nation is “already on the verge of democracy.” An Iraqi democracy will, the argument goes, inspire the Iranian people “to rise up and change their country’s governance, and a free Iraq and Iran would remove two major threats to peace and stability in the Middle East—two parts of the ‘axis of evil’ Bush had highlighted in his January 2002 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003). And this, in turn, would dramatically reduce global tensions and enhance a key national security interest of the United States by ensuring the long-term stability of the massive oil reserves of the Middle East.” [McClellan, 2008, pp. 129]
In 2008, Scott McClellan, the current White House deputy press secretary, will write of President Bush’s lowering of accepted standards to allow for a pre-emptive war. McClellan will write: “Bush was now lowering the bar for engaging in pre-emptive war, a step that might have been more widely viewed as radical had it occurred prior to 9/11. The [Bush] doctrine (see 8:30 p.m. September 11, 2001) unambiguously stated that while the United States would always proceed deliberately and carefully weigh the consequences of actions, it would not hesitate to use force if necessary to preempt not just an ‘imminent’ threat but a ‘grave and gathering’ one if need be (see September 16, 2002). It was based on the assumption that waiting for a threat to become imminent before acting would likely mean that we would respond too late. And this new principle encoded in our new national security strategy was clearly aimed in part in paving the way to removing Saddam Hussein from power by force.” [McClellan, 2008, pp. 134]
Civil rights division logo. [Source: US Department of Justice]The Bush administration embarks on a program to politicize the Justice Department’s civil rights division (CRD). The CRD is staffed by some 350 permanently employed lawyers who take complaints, investigate problems, propose lawsuits, litigate cases, and negotiate settlements. For decades, the decisions on who should fill these positions have been made by civil servants and not by political appointees. The CRD is an obvious target for politicization, and until now the Justice Department has tried to ensure that no such politicization ever took place. “There was obviously oversight from the front office [where the political appointees work], but I don’t remember a time when an individual went through that process and was not accepted,” Charles Cooper, a former lawyer in the CRD during the Reagan administration, will later recall. “I just don’t think there was any quarrel with the quality of individuals who were being hired. And we certainly weren’t placing any kind of political litmus test on… the individuals who were ultimately determined to be best qualified.”
Hiring Conservatives in Place of Career Lawyers - But Attorney General John Ashcroft changes those rules, without making any sort of official announcement. The hiring committee is not formally disbanded, but it stops having meetings scheduled, and the political appointees begin making career hiring decisions. In 2007, author and reporter Charlie Savage will write, “The result of the unprecedented change was a quiet remaking of the civil rights division, effectively turning hundreds of career jobs into politically appointed positions.” No longer would career attorneys be hired for their civil rights background; instead, lawyers from conservative law schools or from conservative legal organizations such as the Republican National Lawyers Association are given favorable treatment. Some of the new hires worked with Kenneth Starr’s Whitewater investigative team or had worked with other prominent conservatives, including former Attorney General Edwin Meese or Senator Trent Lott (R-MO). Some list themselves as belonging to prominent Christian political organizations that promote socially conservative views such as opposition to abortion and to affirmative action.
Shift towards 'Reverse Discrimination' Cases - After the new hires are in place, the division shifts its focus: instead of working on voter rights, employment discrimination, and other such cases affecting African-Americans and Hispanics, the division begins working to develop “reverse discrimination” cases in favor of whites and Christians. [Savage, 2007, pp. 295-297]
Driving Career Employees Away - Over the next few years, the types of cases pursued by the CRD changes drastically (see 2005, 2006, and 2006), and career attorneys with decades of service begin leaving the division in large numbers. The Justice Department will even encourage older hires to leave by offering them a buyout. Savage will write, “With every new vacancy, the administration gained a new change to use the new rules to hire another lawyer more in line with its political agenda.” CRD attorney David Becker will tell a 2006 NAACP hearing: “Even during other administrations that were perceived as being hostile to civil rights enforcement, career staff did not leave in numbers approaching this level. In the place of those experienced litigators and investigators, this administration has, all too often, hired inexperienced ideologues, virtually none of which have any civil rights or voting rights experience.” Some supporters say that the Bush administration is merely righting an imbalance, where the CRD was previously top-heavy with liberal lawyers interested in protecting African-Americans over other groups, but one of the CRD’s top career lawyers from 1965 through 1994, Jim Turner, says, “To say that the civil rights division had a special penchant for hiring liberal lawyers is twisting things.” [Savage, 2007, pp. 298-299]
Entity Tags: John Ashcroft, Civil Rights Division (DOJ), Charlie Savage, Charles Cooper, Bush administration (43), David Becker, Jim Turner, Trent Lott, US Department of Justice, Edwin Meese, Republican National Lawyers Association, Kenneth Starr
Timeline Tags: Civil Liberties
Retired General Wesley Clark writes a piece in the Washington Monthly, titled, “An Army of One: In the war on terrorism, alliances are not an obstacle to victory. They’re the key to it,” in which he argues that it is a “fundamental misjudgment” to continue the war on terrorism in the absence of NATO support. He refers to NATO’s war in Kosovo repeatedly in his essay using it as an example of how he thinks a just and effective war should be fought. He also says that cooperation with its European allies is crucial if the Bush administration wants to prevent future attacks, noting that most of the planning and preparations for the 9-11 attacks took place in cells in Europe. [Washington Monthly, 9/2002]
A US official with inside knowledge of the interrogations of detainees at the US prison at Guantanamo tells USA Today that the administration’s recent assertions that Iraq has trained al-Qaeda members are based on uncorroborated information from a single Guantanamo detainee. The source also notes that the detainees may be lying to US authorities to encourage a US invasion of Iraq in order to add support to the al-Qaeda argument “that the United States is the mortal enemy of Muslim countries.” [USA Today, 9/26/2002]
After CIA Director George Tenet learns of the formation of the Office of Special Plans (OSP—see September 2002), he fails to challenge its existence and mission even though the OSP is working to actively undermine the other US intelligence agencies. In 2007, author Craig Unger will write, “The existence of the OSP effectively meant that [Vice President Dick] Cheney, [Secretary of Defense Donald] Rumsfeld, and the [Bush administration] neocons had declared war on the CIA by creating a bureaucratic operation whose sole purpose was to circumvent and subvert the nation’s statutorily authorized intelligence apparatus.” Tenet, who Unger describes as “ever anxious to ingratiate himself with the White House,” does nothing to block the OSP’s inroads and depredations. According to the then-director of the State Department’s Bureau of Intelligence and Research (INR), Greg Thielmann, “That’s totally unacceptable for a CIA director.” Unger will note that while Tenet is following his orders to “do everything in his power to make sure the CIA gets the goods on Saddam [Hussein]… in effect, by remaining silent about the OSP, Tenet was betraying his own men at the CIA—and the Agency’s mission.” [Unger, 2007, pp. 245]
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