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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:
Page 8 of 15 (1488 events)previous
The Bush administration’s proposed fiscal year 2005 budget sets aside $325 million for civil works projects in the US Army Corps of Engineers’ New Orleans district—slightly less than the $337 million approved by Congress the year before. According to Marcia Demma, chief of the Corps’ programs management branch, the Corps will need $425 million for 2005. “We have a backlog of contracts, and it’s just been for the past few years that… we haven’t been funded at our full capability,” Marcia Demma, chief of the Corps’ programs management branch, tells New Orleans CItyBusiness. Of the $325 million proposed in the Bush budget, the Southeast Louisiana Urban Flood Control Project (SELA) would receive $30 million, far short of the $42 million the Corps says it needs, and $4 million less than fiscal year 2004’s actual budget. According to Stan Green, SELA project manager, the $30 million would probably allow the Corps to continue its current work on 12 projects in Jefferson and Orleans parishes. But if it were fully funded, he says, it could award contracts for an additional 14 projects. [New Orleans CityBusiness, 2/16/2004] (Congress ultimately approves $36.5 million for SELA. [Los Angeles Times, 9/4/2005] ) The administration’s proposed budget includes only $3.9 million for the New Orleans’ East Bank Hurricane Levee Project, a mere fraction of the $27.1 million requested by the Corps. According to Al Naomi, who manages this project, the budgeted allotment would not even cover the $4.5 million required for unpaid fiscal year 2004 work. (The sum ultimately approved by Congress for the east bank project is $5.7 million.) [New Orleans CityBusiness, 2/16/2004; Times-Picayune, 6/8/2004; Knight Ridder, 9/1/2005; Knight Ridder, 9/1/2005; Washington Post, 9/8/2005, pp. A01] Additionally, the president’s budget rejects a draft plan, submitted in October 2003 (see October 2003) by the Army Corp of Engineers, to begin a $14 billion dollar project to restore Louisiana’s coastal wetlands. Instead, the president directs the Corps to refocus its ongoing restoration study to produce a single, prioritized list of projects that can be completed in 10 years. Additionally, the corps is directed to include in its study several other larger restoration projects that are not part of the Louisiana Coastal Area study, and determine whether the mouth of the Mississippi can be altered to let sediment create new areas of wetlands to its east and west quickly, while still allowing shipping to reach port facilities in New Orleans and elsewhere along the river. Eight million dollars is allocated to the effort, only a fraction of the $50 million that was requested by Louisiana’s Governor (see January 2004). In the budget’s narrative, the White House acknowledges for the first time that Louisiana’s disappearing wetlands are partly the result of the US Army Corps of Engineers’ channeling of the Mississippi River for shipping and the construction of flood-control levees along the river to protect New Orleans. It also says that canals built by the oil and gas industry, natural subsidence, and rising sea levels are contributing factors to Louisiana’s net loss of coastal wetlands. [Associated Press, 2/3/2004; Times-Picayune, 2/3/2004; Louisiana Coastal Area Study, 4/2004 ]
The Bush administration’s proposed 2005 budget would cut $35 million from the budget of the national lead prevention program, which pays for expert home evaluations and repairs in an effort to eliminate the presence of lead-tainted particles, dust, and soil in American homes. The 20 percent budget cut—from $174 to $139 million—could prevent as many as 40,000 homes from being decontaminated in 2005. Children are the most vulnerable to lead poisoning which can cause permanent intellectual, behavioral and psychiatric problems. It is estimated that in Washington D.C. alone, there are 3,700 children younger than 6 who have elevated levels of lead in their blood. [Office of Management and Budget, 2004; Washington Post, 4/11/2004; Natural Resources Defense Council, 12/31/2005]
The Bush administration announces its proposed 2005 budget for the EPA, which cuts the agency’s funds by more than 7 percent. While the budget does increase the Superfund by ten percent so the program can complete cleanup at 40 sites—well below Clinton’s average of 87 sites/year—the budget substantially reduces funds for clean water programs. For example, the budget cuts $492 million, or 37 percent, from a revolving fund used by states to upgrade sewage and septic systems and storm-water run-off projects. [Reuters, 2/3/2004]
Former Vice President Al Gore gives a keynote address to a conference at the New School of New York City on the topic, “The Politics of Fear.” [Social Research: An International Quarterly of the Social Sciences, 2/2004] In his address, Gore notes the success that the Bush administration has had in preying on the fears of the American public. “Fear was activated on September 11 in all of us to a greater or lesser degree,” he says. “And because it was difficult to modulate or to change in particular specifics, it was exploitable for a variety of purposes unrelated to the initial cause of the fear. When the president of the United States stood before the people of this nation—in the same speech in which he used the forged document (see Mid-January 2003 and 9:01 pm January 28, 2003)—he asked the nation to ‘imagine’ how fearful it would feel if Saddam Hussein gave a nuclear weapon to terrorists who then exploded it in our country. Because the nation had been subjected to the fearful, tragic, cruel attack of 9/11, when our president asked us to imagine with him a new fear, it was easy enough to bypass the reasoning process, and short-circuit the normal discourse that takes place in a healthy democracy with a give-and-take among people who could say, ‘Wait a minute, Mr. President. Where’s your evidence? There is no connection between Osama bin Laden and Saddam Hussein.’ At one point, President Bush actually said, ‘You can’t distinguish between Saddam Hussein and Osama bin Laden’ (see September 25, 2002). He actually said that.” Gore says that for a time even he had trusted Bush to do the right thing, but Bush had abused the trust he and the American people had in him. In 2006, author and former White House counsel John Dean will write in conjunction with Gore’s address: “In short, fear takes reasoning out of the decision-making process, which our history has shown us often enough can have dangerous and long-lasting consequences. If Americans cannot engage in analytical thinking as a result of Republicans’ using fear for their own political purposes, we are all in serious trouble.” [Social Research: An International Quarterly of the Social Sciences, 2/2004; Dean, 2006, pp. 178-179]
Mzoudi in an airport in Hanover, Germany, on June 21, 2005 as he returns to Morocco. [Source: Associated Press]Abdelghani Mzoudi is acquitted of involvement in the 9/11 attacks. Mzoudi is known to have been a friend and housemate of some of the 9/11 hijackers. A German judge tells Mzoudi, “You were acquitted not because the court is convinced of your innocence but because the evidence was not enough to convict you.” Mzoudi’s acquittal became likely after Germany received secret testimony from the US government that asserted Mzoudi was not part of the plot (see December 11, 2003). But the information apparently came from the interrogation of US prisoner Ramzi bin al-Shibh, and since the US would not allow Mzoudi’s defense to cross-examine bin al-Shibh, Mzoudi was released. [Daily Telegraph, 2/6/2004] Later in the year, Mzoudi acquittal is appealed to a higher court. Kay Nehm, Germany’s top federal prosecutor, again appeals to the US State Department to release interrogation records of bin al-Shibh to the court. However, the US still refuses to release the evidence, and a list of questions the court gives to the US for bin al-Shibh to answer are never answered. [Deutsche Presse-Agentur (Hamburg), 7/30/2004] On June 8, 2005, Mzoudi’s acquittal is upheld. Nehm calls the US’s government’s behavior “incomprehensible.” [Reuters, 6/9/2005] After the verdict, German authorities maintain that he is still a threat and give him two weeks to leave the country. He quickly moves back to his home country of Morocco, where he now lives. [Deutsche Welle (Bonn), 6/26/2005]
Former White House press official Adam Levine testifies before the federal grand jury investigating the Plame Wilson identity leak. Levine, who is not suspected of leaking Valerie Plame Wilson’s name to the press, is asked about White House public relations strategies. [Washington Post, 2/10/2004] Sources later say that Levine may have been asked to testify because between July 7 and July 12, 2003, White House press secretary Ari Fleischer and White House communications director Dan Bartlett were in Africa with President Bush, and deputy press secretary Scott McClellan was on vacation, leaving Levine in charge of press relations during that period [Fox News, 2/11/2004] , and thus one of the few press officials to field telephone calls from reporters during that time. His testimony is described as “brief” and non-confrontational. Levine has spoken with FBI agents on several occasions as a part of the investigation. [CNN, 2/10/2004]
Claire Buchan, a White House deputy press secretary, testifies before the federal grand jury investigating the Plame Wilson identity leak. Buchan is not suspected of leaking Valerie Plame Wilson’s identity to the press. “I was pleased to cooperate,” she will say. [Fox News, 2/11/2004; National Journal, 10/18/2005]
The 9/11 Commission gets greater access to classified intelligence briefings under a new agreement with the White House. The 10-member panel had been barred from reviewing notes concerning the presidential daily briefings taken by three of its own commissioners and the commission’s director in December 2003. The new agreement allows all commission members the opportunity to read White House-edited versions of the summaries. The White House had faced criticisms for allowing only some commissioners to see the notes. Still, only three commissioners are allowed to see the original, unclassified documents. [Associated Press, 2/10/2004]
The Bureau of Land Management (BLM) auctions off oil and gas leases for 14 parcels of federal land located near Dinosaur Monument in Colorado and Utah. The leases—totaling some 5,000 acres—include areas that were previously identified by the agency as having wilderness quality but which lost their protected status as part of a settlement between the state of Utah and the BLM (see April 11, 2003). A number of the leases—some selling for as little as $5 per acre—are purchased by contributors to President Bush’s 2004 reelection campaign. [Salt Lake Tribune, 2/14/2004; Washington Post, 3/1/2004] According to the Environmental Working Group, the area includes seven Mexican spotted owl habitats, 12 golden eagle habitats and four peregrine falcon habitats. [Washington Post, 3/1/2004; Environmental Working Group, 12/31/2005]
The Environmental Protection Agency (EPA) announces that it will allow North Dakota to adopt a new method for estimating air pollution. [Los Angeles Times, 2/14/2004; Washington Post, 5/19/2004] The decision was made during a meeting between EPA administrator Michael Leavitt and North Dakota Governor John Hoeven the previous weekend. [Washington Post, 5/19/2004] According to the agency’s own specialists in air quality monitoring, the new method will grossly underestimate pollution levels, potentially allowing North Dakota to relieve itself of the stigma of being the only state whose federal preserves—Theodore Roosevelt National Park and the Lostwood National Wildlife Refuge—are in violation of the Clean Air Act. [USA Today, 9/15/2002; Environmental Protection Agency, 2/13/2004; Washington Post, 5/19/2004] The lower pollution levels could in turn result in the lifting of local development restrictions, allowing power companies to proceed with plans to build new coal-fired power plants in the area. “That sets the stage for new investments in our energy industry and real progress in our rural communities,” Hoeven explains. [Los Angeles Times, 2/14/2004; Platts, 2/19/2004; Washington Post, 5/19/2004]
Special counsel Patrick Fitzgerald grants former White House press secretary Ari Fleischer immunity from prosecution in return for his testimony in the Plame Wilson leak investigation. Fleischer is granted immunity from any criminal charge related to his involvement in the Plame Wilson identity leak (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003) except “against charges of perjury, giving false statement, or otherwise failing to comply with the Order of the Court.” Fleischer will testify to the FBI several days later. [US District Court for the District of Columbia, 2/13/2004] In 2007, during the Lewis Libby trial, Fitzgerald will tell presiding Judge Reggie Walton (see January 25-27, 2007) that he opposed granting immunity to Fleischer because Fleischer’s lawyers refused to give a detailed “proffer” of what Fleischer would reveal. “They refused to give us a proffer,” Fitzgerald will say. “It wasn’t as if someone said ‘here’s what we’ll give you.’ It wasn’t something that we had laid out before us.… We were told he had relevant information. Frankly, I didn’t want to give him immunity, I was buying a pig in a poke. I did not know what we were going to get other than I knew it was going to be relevant to the case.” [Marcy Wheeler, 1/25/2007]
Aerial view of Los Alamos test site. [Source: DefenseTech.org]Rich Levernier, a specialist with the Department of Energy (DOE) for 22 years, spent over six years before the 9/11 attacks running nuclear war games for the US government. In a Vanity Fair article, Levernier reveals what he shows to be critical weaknesses in security for US nuclear plants. Levernier’s special focus was the Los Alamos Nuclear Laboratory and nine other major nuclear facilities. The Los Alamos facility is the US’s main storage plant for processing plutonium and obsolete (but still effective) nuclear weapons. Levernier’s main concern was terrorist attacks. Levernier’s procedure was to, once a year, stage a mock terrorist attack using US military commandos to assault Los Alamos and the other nuclear weapons facilities, with both sides using harmless laser weapons to simulate live fire. Levernier’s squads were ordered to penetrate a given weapons facility, capture its plutonium or highly enriched uranium, and escape. The facilities’ security forces were tasked to repel the mock attacks.
Multiple Failures - Levernier is going public with the results of his staged attacks, and the results are, in the words of Vanity Fair reporter Mark Hertsgaard, “alarming.” Some facilities failed every single test. Los Alamos fell victim to the mock attacks over 50 percent of the time, with Levernier’s commandos getting in and out with the goods without firing a shot—they never encountered a guard. And this came when security forces were told months in advance exactly what day the assaults would take place. Levernier calls the nuclear facilities’ security nothing more than “smoke and mirrors.… On paper, it looks good, but in reality, it’s not. There are lots of shiny gates and guards and razor wire out front. But go around back and there are gaping holes in the fence, the sensors don’t work, and it just ain’t as impressive as it appears.” The Los Alamos facility houses 2.7 metric tons of plutonium and 3.2 metric tons of highly enriched uranium; experts say that a crude nuclear device could be created using just 11 pounds of plutonium or 45 pounds of highly enriched uranium. Arjun Makhijani, the head of the Institute for Energy and Environmental Research, says the most dangerous problem exposed by Levernier is the possibility of terrorists stealing plutonium from Los Alamos. It would be a relatively simple matter to construct a so-called “dirty bomb” that could devastate an American city. Even a terrorist attack that set off a “plutonium fire” could result in hundreds of cancer deaths and leave hundreds of square miles uninhabitable.
Involuntary Whistleblower - Levernier is not comfortable about being a whistleblower, and until now has never spoken to the press or Congress about his experiences. He finds himself coming forward now because, after spending six years trying unsuccessfully to persuade his bosses at the DOE to address the problems, they refused to even acknowledge that a problem existed. Shortly before he spoke to Hertsgaard, he was fired for a minor infraction and stripped of his security clearance, two years before he was due to retire with a full pension. He has filed a lawsuit against the DOE, charging that he was illegally gagged and improperly fired. He is speaking out, he says, in the hopes of helping prevent a catastrophic terrorist attack against the US that is entirely preventable. Levonier asserts that the Bush administration is doing little more than talking tough about nuclear security (see February 15, 2004). [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]
Rich Levernier, a specialist with the Department of Energy (DOE) for 22 years who spent over six years before the 9/11 attacks running nuclear war games for the US government, says that the Bush administration has done little more than talk about securing the nation’s nuclear facilities from terrorist attacks. If Levernier and his team of experts (see February 15, 2004) are correct in their assessments, the administration is actually doing virtually nothing to protect the US’s nuclear weapons facilities, which certainly top any terrorist’s wish list of targets. Instead of addressing the enormous security problems at these facilities, it is persecuting whistleblowers like Levernier. Indeed, the administration denies a danger even exists. “Any implication that there is a 50 percent failure rate on security tests at our nuclear weapons sites is not true,” says Anson Franklin, a spokesman for the National Nuclear Security Administration (NNSA), a DOE agency that oversees the US’s nuclear weapons complex. “Our facilities are not vulnerable.”
Too Strict Grading? - James Ford, who is retired, was Levernier’s direct DOE supervisor in the late 1990s. He says that while Levernier was a talented and committed employee, the results he claims from his mock terror attacks are skewed because of what Ford calls Levernier’s too-strict approach to grading the performance of the nuclear facilities’ security personnel. Ford says that Levernier liked to focus on one particular area, the Technical Area-18 facility, at the Los Alamos nuclear facility in New Mexico, though the site is essentially indefensible, located at the bottom of a canyon and surrounded on three sides by steep, wooded ridges that afforded potential attackers excellent cover and the advantage of high ground.
Complaints of 'Strict Grading' Baseless, Squad Commander Says - “My guys were licking their chops when they saw that terrain,” says Ronald Timms, who commanded mock terrorist squads under Levernier’s supervision. Timms, now the head of RETA Security, which participated in many DOE war games and designed the National Park Service’s security plans for Mount Rushmore, says Ford’s complaint is groundless: “To say it’s unfair to go after the weak link is so perverse, it’s ridiculous. Of course the bad guys are going to go after the weakest link. That’s why [DOE] isn’t supposed to have weak links at those facilities.” In one such attack Timms recalls, Levernier’s forces added insult to injury by hauling away the stolen weapons-grade nuclear material in a Home Depot garden cart. The then-Secretary of Energy, Bill Richardson, ordered the weapons-grade material at TA-18 to be removed to the Nevada Test Site by 2003. That has not happened yet, and is not expected to happen until 2006 at the earliest.
Rules of Engagement - The failure rates are even harder to understand considering the fact that the rules of engagement are heavily slanted in favor of the defense. A real terrorist attack would certainly be a surprise, but the dates of the war games were announced months in advance, within an eight-hour window. Attackers were not allowed to use grenades, body armor, or helicopters. They were not allowed to use publicly available radio jamming devices. “DOE wouldn’t let me use that stuff, because it doesn’t have a defense against it,” Levernier says. His teams were required, for safety reasons, to obey 25 MPH speed limits. Perhaps the biggest flaw in the DOE’s war games, Levernier says, is that they don’t allow for suicide bombers. The games required Levernier’s teams to steal weapons-grade nuclear material and escape. It is likely, though, that attackers would enter the facility, secure the materials, and detonate their own explosives. DOE did not order nuclear facilities to prepare for such attacks until May 2003, and the policy change does not take effect until 2009. Levernier notes that three of the nation’s nuclear weapons facilities did relatively well against mock attacks: the Argonne National Laboratory-West in Idaho, the Pantex plant in Texas, and the Savannah River Site in South Carolina.
Bureaucratic, Political Resistance - So why, asks Vanity Fair journalist Mark Hertsgaard, doesn’t the Bush administration insist on similar vigilance throughout the entire nuclear complex? They “just don’t think [a catastrophic attack] will happen,” Levernier replies. “And nobody wants to say we can’t protect these nuclear weapons, because the political fallout would be so great that there would be no chance to keep the system running.” The DOE bureaucracy is more interested in the appearance of proper oversight than the reality, says Tom Devine, the lawyer who represents both Levernier and other whistleblowers. “Partly that’s about saving face. To admit that a whistleblower’s charges are right would reflect poorly on the bureaucracy’s competence. And fixing the problems that whistleblowers identify would often mean diverting funds that bureaucrats would rather use for other purposes, like empire building. But the main reason bureaucrats have no tolerance for dissent is that taking whistleblowers’ charges seriously would require them to stand up to the regulated industry, and that’s not in most bureaucrats’ nature, whether the industry is the nuclear weapons complex or the airlines.”
Stiff Resistance from Bush Administration - Devine acknowledges that both of his clients’ troubles began under the Clinton administration and continued under Bush, but, Devine says, the Bush administration is particularly unsympathetic to whistleblowers because it is ideologically disposed against government regulation in general. “I don’t think President Bush or other senior officials in this administration want another September 11th,” says Devine, “but their anti-government ideology gets in the way of fixing the problems Levenier and [others] are talking about. The security failures in the nuclear weapons complex and the civil aviation system are failures of government regulation. The Bush people don’t believe in government regulation in the first place, so they’re not inclined to expend the time and energy needed to take these problems seriously. And then they go around boasting that they’re winning the war on terrorism. The hypocrisy is pretty outrageous.” [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]
Entity Tags: Bush administration (43), George W. Bush, Rich Levernier, RETA Security, National Nuclear Security Administration, James Ford, Bill Richardson, Anson Franklin, National Park Service (NPS), Ronald Timms, Mark Hertsgaard, Tom Devine, Vanity Fair, US Department of Energy, Los Alamos National Laboratory
Timeline Tags: Complete 911 Timeline
EPA Administrator Mike Leavitt signs a final rule permitting power plants to continue using the “once-through” method to cool their turbines. The practice—condemned by critics as the most environmentally-damaging method of cooling available—relies upon water continually drawn from lakes, rivers and reservoirs for the power plants’ cooling systems. [Associated Press, 1/9/2004; Environmental Protection Agency, 2/16/2004; Riverkeeper, 2/17/2004; Environmental News Network, 2/18/2004] Every year, some 200 million pounds of aquatic organisms are killed when they are trapped in the intake screens or forced through the water intake structures of these power plants. The new rule requires large power plants to reduce the number of fish and shellfish drawn into the cooling systems by 80 to 95 percent. [Environmental Protection Agency, 2/16/2004] However, the rule also provides large power plants with several “compliance alternatives,” such as using existing technologies, implementing additional fish protection technologies, restocking fish populations and creating wildlife habitat. [Environmental Protection Agency, 2/16/2004] Leavitt’s decision to sanction the continued use of the “once-through” method goes against the advice of his own staff which recommended requiring power plants to upgrade to closed-cycle cooling systems which use 95 percent less water and which pose far less of a risk to aquatic ecosystems. But the Office of Information and Regulatory Affairs, which works under the White House’s Office of Management and Budget, reportedly opposed requiring plants to switch to the newer more expensive closed-cycle system. [Riverkeeper, 2/17/2004; Environmental News Network, 2/18/2004] The new rule applies to 550 power plants that withdraw 222 billion gallons of water daily from American waterways. [Environmental Protection Agency, 2/16/2004]
Sixty of the nation’s leading scientists, including 20 Nobel laureates, warn in a statement: “Successful application of science has played a large part in the policies that have made the United States of America the world’s most powerful nation and its citizens increasingly prosperous and healthy.… Indeed, this principle has long been adhered to by presidents and administrations of both parties in forming and implementing policies. The administration of George W. Bush has, however, disregarded this principle.… The distortion of scientific knowledge for partisan political ends must cease.”
[Union of Concerned Scientists, 2/18/2004] The Bush administration apparently ignores the statement. [Der Spiegel (Hamburg), 9/1/2005]
Sixty-two leading scientists, including Nobel Prize laureates, university chairs and presidents, and former federal agency directors, sign a joint statement protesting the Bush administration’s “unprecedented” politicization of science (see January 2004 and June 1, 2005). Over 11,000 scientists will add their names to the statement, disseminated by the Union of Concerned Scientists, in the coming years. “When scientific knowledge has been found to be in conflict with its political goals, the administration has often manipulated the process through which science enters into its decisions,” the scientists write. “This has been done by placing people who are professionally unqualified or who have clear conflicts of interest in official posts and on scientific advisory committees; by disbanding existing advisory committees; by censoring and suppressing reports by the government’s own scientists; and by simply not seeking independent scientific advice. Other administrations have, on occasion, engaged in such practices, but not so systematically nor on so wide a front. Furthermore, in advocating policies that are not scientifically sound, the administration has sometimes misrepresented scientific knowledge and misled the public about the implications of its policies.” [Union of Concerned Scientists, 2/18/2004; Savage, 2007, pp. 303-304]
Of course, we don’t want to be embarrassed,” he adds. Included in the memo is a list of suggested cut backs: “Close the visitor center on all federal holidays,” “Eliminate all guided ranger tours,” “Let the manicured grasslands grow all summer,” “Eliminate life guard services at 1 of the park’s 3 guarded beaches,” “Close the visitor center for the months of November, January & February,” “Turn one of our four campgrounds over to a concession permittee,” and “Close the park every Sunday and Monday.” The Philadelphia office also instructs the superintendents on how they are supposed to explain the parks’ reduced level of service to the media. For example, the memo says that if they need to inform the public on the change in “hours or days of operation for example, that you state what the park’s plans are and not to directly indicate that ‘this is a cut’ in comparison to last year’s operation. If you are personally pressed by the media in an interview, we all agreed to use the terminology of ‘service level adjustment’ due to fiscal constraints as a means of describing what actions we are taking.” [US Park Service, 2/20/2004 ; Washington Post, 3/16/2004; Fresno Bee, 3/18/2004; Arizona Daily Star, 3/20/2004; National Geographic, 4/19/2004]
The US Forest Service announces that it has modified its procedures for conducting environmental analyses on grazing allotments in national forests and grasslands. The agency is required to conduct these assessments for each of its 8,700 livestock grazing allotments under Section 504 of the 1995 Rescissions Act to provide a basis for determining whether or not changes need to be made to each of the allotment’s grazing policies. The agency says that the procedures, outlined in the National Environmental Policy Act (NEPA), needed to be changed because NEPA “lacked specificity and clarification in describing the process.” The Forest Service also claims that the changes were necessary in order to expedite the assessment process as the agency currently has a backlog of 4,200 allotments. The new plan involves increasing the duration of the permits and limiting the number of alternatives considered. Critics argue that the changes circumvent NEPA requirements by reducing public input and weakening environmental review. [Greenwire, 2/10/2004; US Forest Service, 2/20/2004]
The Bush administration files a request with the United Nations for additional exemptions from the Montreal Protocol’s phase-out of the pesticide methyl bromide. In February 2003, the US applied for exemptions for 54 businesses, primarily farmers and food producers, to use some 21.9 million pounds of methyl bromide for the year 2005 (see February 7, 2003). The new request would add 1.1 million pounds to this figure, to be used by producers of cut flowers, processed meats and tobacco seedlings. Though the signatories of the treaty are permitted exemptions for “critical uses”—as long as the requested exemptions do not represent more than 30 percent of a country’s baseline production level—the US requests both exceed the allowable limit and twice the sum of requests from all other countries. “[T]he exemptions sought by the United States for 2005 and 2006 would cause a surge in American use of methyl bromide after steady declines,” notes the New York Times. [New York Times, 3/4/2004]
Thomas Tamm. [Source: Newsweek]Thomas Tamm, a veteran Justice Department prosecutor with a high-level security clearance, is finishing up a yearlong post with the Office of Intelligence Policy and Review (OIPR), a Justice Department unit handling wiretaps of suspected terrorists and spies. As his stint is coming to a close, Tamm learns of the existence of a highly classified National Security Agency (NSA) program that is electronically eavesdropping on American citizens—domestic wiretapping. He later learns that “the program,” as it is referred to by those few who know of it at all, is called “Stellar Wind.”
Concealment from FISA Judges - Tamm learns that the NSA program is being hidden from the Foreign Intelligence Surveillance Act (FISA) Court, a panel of federal judges who by law must approve and supervise such surveillance for intelligence purposes. OIPR lawyers ask the FISA Court for permission to implement national-security wiretaps. But, Tamm learns, some wiretaps—signed only by Attorney General John Ashcroft—are going to the chief FISA Court judge and not the other ten judges on the FISA panel. The “AG-only” requests are extraordinarily secretive, and involve information gleaned from what is only referred to as “the program”—Stellar Wind. Only a very few White House and US intelligence officials know the name and the nature of “the program.” Stellar Wind involves domestic wiretaps on telephones and computer e-mail accounts derived from, but not necessarily linked to, information secured from captured al-Qaeda computers and cell phones overseas. With the voluntary cooperation of American telecommunications companies (see 1997-August 2007 and After, February 2001, February 2001, and February 2001 and Beyond), the NSA program also collects vast amounts of personal data about US citizens’ phone and e-mail communications. The program also collects an enormous amount of financial information from the Treasury Department (see February 28, 2006), all collected as part of the NSA’s “data mining” efforts (see Late 1999 and After September 11, 2001).
Program Is 'Probably Illegal,' Says DOJ Official - Tamm, suspicious about the unusual requests, asks his supervisors about the program, and is told to drop the subject. “[N]o one wanted to talk about it,” he will recall. Tamm asks one of his supervisors, Lisa Farabee, “Do you know what the program is?” Farabee replies: “Don’t even go there.… I assume what they are doing is illegal.” Tamm is horrified. His first thought, he will later recall, is, “I’m a law enforcement officer and I’m participating in something that is illegal?” Tamm soon finds out from deputy OIPR counsel Mark Bradley that the chief FISA judge, Colleen Kollar-Kotelly, is raising unwanted questions about the warrant requests (see 2004 and 2005), and “the AG-only cases are being shut down.” Bradley adds, “This may be [a time] the attorney general gets indicted.”
Request for Guidance Turned Down - For weeks, Tamm agonizes over what to do. He seeks guidance from a former colleague, Sandra Wilkinson, who now works on the Senate Judiciary Committee. The two have coffee in the Senate cafeteria, and Tamm asks Wilkinson to ask if anyone on the committee knows anything about “the program.” Weeks go by without a response, and Tamm sends Wilkinson an e-mail from his OIPR computer—an e-mail that will later alert the FBI to Tamm’s interest in Stellar Wind. During a second conversation, Wilkinson refuses to give Tamm any information. “Well, you know, then,” he replies, “I think my only option is to go to the press.”
Contacting the New York Times - Tamm finally decides to contact the New York Times’s Eric Lichtblau, who has written several stories on the Justice Department that impressed Tamm. By this point he has transferred out of OIPR and back into a Justice Department office that would allow him to return to the courtroom. Tamm calls Lichtblau from a pay phone near the US District Courthouse in Washington. “My whole body was shaking,” he will recall. He identifies himself only as “Mark” (his middle name), and arranges to meet Lichtblau at a bookstore near the Justice Department. (In his 2008 book Bush’s Law: The Remaking of American Justice, Lichtblau describes Tamm as “a walk-in” source who was “agitated about something going on in the intelligence community.” Lichtblau will describe Tamm as wary and “maddeningly vague,” but as they continue to meet—usually in bookstores and coffee shops in the Capitol District—Tamm’s “credibility and his bona fides became clear and his angst appears sincere. Eighteen months later, after finally overriding a request and warning from President Bush not to print the story (see December 6, 2005), the Times reports on the existence of the NSA program (see December 15, 2005). [Ars Technica, 12/16/2008; Newsweek, 12/22/2008]
Entity Tags: Mark Bradley, Federal Bureau of Investigation, Eric Lichtblau, Colleen Kollar-Kotelly, Bush administration (43), ’Stellar Wind’, Foreign Intelligence Surveillance Court, Lisa Farabee, Senate Judiciary Committee, Thomas Tamm, Sandra Wilkinson, Office of Intelligence Policy and Review, New York Times, US Department of the Treasury, National Security Agency, US Department of Justice, John Ashcroft
Timeline Tags: Civil Liberties
A senior UN official reports that conditions in Afghanistan have deteriorated significantly in nearly every respect. According to Lakhdar Brahima, UN special envoy to Afghanistan, the situation “is reminiscent to what was witnessed after the establishment of the mujaheddin government in 1992.” Abdul Rasul Sayyaf, a member of the Wahhabi sect of Islam who opposed the presence of US troops in Saudi Arabia, along with several other warlords accused of atrocities in the mid-1990s, have returned to power and are effectively ruling the country, Brahima says. Several hold key positions within the government. They “continue to maintain their own private armies and… are reaping vast amounts of money from Afghanistan’s illegal opium trade…” The US, while claming to support Afghan President Karzai, is relying on these warlords to “help” hunt down Taliban and al-Qaeda factions, although the success rate is abysmal, and much of the intelligence provided by the warlords is faulty. The Taliban has begun to regroup, and now essentially controls much of the southern and eastern regions of the country. [Foreign Affairs, 5/2004]
David Ray Griffin.
[Source: Public domain]The book “The New Pearl Harbor: Disturbing Questions about the Bush administration and 9/11,” written by theology professor David Ray Griffin, is released. The Daily Mail calls it “explosive.” Well known historian Howard Zinn calls the book: “the most persuasive argument I have seen for further investigation of the Bush administration’s relationship to that historic and troubling event.” The book suggests there is evidence that the Bush administration may have arranged the 9/11 attacks or deliberately allowed them to happen. It questions why no military fighter jets were sent up to intercept the hijacked planes after the terrorists first struck. It also explores the question of whether the Pentagon was really hit by Flight 77, and suggests that explosives could have assisted the collapse of the World Trade Center. [Democracy Now!, 5/26/2004; Daily Mail, 6/5/2004] The book sells well, but is virtually ignored by the mainstream US news media. Those who do report on the book generally deride it. For example, Publishers Weekly states, “Even many Bush opponents will find these charges ridiculous, though conspiracy theorists may be haunted by the suspicion that we know less than we think we do about that fateful day.” [Publishers Weekly, 3/22/2004]
Robert Luskin, the lawyer for White House political strategist Karl Rove, has his client search White House records immediately after speaking with reporter Viveca Novak (see March 1, 2004). Luskin wants Rove to find any potential documentation of a July 2003 conversation between himself and Cooper. Rove finds an e-mail message from himself to Deputy National Security Adviser Stephen Hadley recounting the conversation between himself and Cooper (see After 11:07 a.m. July 11, 2003). Rove will later admit to the grand jury hearing evidence in the investigation that he had indeed spoken to Cooper about Plame Wilson (see October 15, 2004 and October 14, 2005). [New York Times, 12/2/2005; CounterPunch, 12/9/2005] (The Washington Post will later report that it was Luskin, not Rove, who actually found the e-mail, and that Luskin first shared it with Rove and then with special counsel Patrick Fitzgerald. [Washington Post, 12/3/2005] )
A German appeals court overturns the conviction of Mounir El Motassadeq after finding that German and US authorities withheld evidence. He had been sentenced to 15 years in prison for involvement in the 9/11 plot. According to the court, a key suspect in US custody, Ramzi bin al-Shibh, had not been allowed to testify. European commentators blame US secrecy, complaining that “the German justice system [is] suffering ‘from the weaknesses of the way America is dealing with 9/11,’ and ‘absolute secrecy leads absolutely certainly to flawed trials.’” [Agence France-Presse, 3/5/2004] The court orders a new trial scheduled to begin later in the year. [Associated Press, 3/4/2004] The release of El Motassadeq (and the acquittal of Mzoudi earlier in the year) means that there is not a single person who has ever been successfully prosecuted for the events of 9/11.
John Kerry speaks at a February 2004 town hall event. [Source: Jim Bourg / Reuters]At a town hall event in Florida, Democratic presidential candidate John Kerry reportedly says, “I’ve met foreign leaders who can’t go out and say it all publicly, but boy, they look at you and say, you gotta win this, you gotta beat this guy [President Bush], we need a new policy, things like that.” White House officials and conservative pundits immediately attack Kerry for his remarks, with Secretary of State Colin Powell telling a Fox News audience: “I don’t know what foreign leaders Senator Kerry is talking about. It’s an easy charge, an easy assertion to make, but if he feels that’s [an] important assertion to make, he ought to list names. If he can’t list names, then perhaps he ought to find something else to talk about.” The White House issues a statement saying: “If Senator Kerry is going to say he has support from foreign leaders, he needs to be straightforward with the American people and state who they are.… Or the only conclusion one can draw is he’s making it up to attack the president.” Bush himself says, “If you’re going to make an accusation in the course of a presidential campaign, you ought to back it up with facts.” Over a week after Kerry’s remarks are published, the pool reporter who reported the original remark, Patrick Healey of the Boston Globe, reports that Kerry did not say “foreign leaders,” but “more leaders” (see March 15, 2004). The correction does little to blunt the criticism of Kerry, who does not directly challenge the assertion, but calls his choice of words “inartful.” In 2008, authors Kathleen Hall Jamieson and Joseph N. Cappella will note: “Had this journalistic blunder created a firestorm of controversy around a Republican Party nominee, the conservative opinion leaders would have minimized the damage to their candidate by crying ‘media bias.’ The Democrats didn’t have a comparable argument in their arsenal.” [Boston Globe, 3/15/2004; Associated Press, 3/15/2004; Fox News, 3/16/2004; Jamieson and Cappella, 2008, pp. 4-5]
Vice President Dick Cheney gives the Congressional leaders known as the “Gang of Eight”—the House speaker and House minority leader, the Senate majority and minority leaders, and the ranking members of the House and Senate intelligence committees—their first briefing on the NSA’s warrantless wiretapping program (see Early 2002). The Democratic leaders at the meeting are House Minority Leader Nancy Pelosi (D-CA), Senate Minority Leader Tom Daschle (D-SD), House Intelligence Committee ranking member Jane Harman (D-CA), and Senate Intelligence Committee ranking member John D. Rockefeller (D-WV). Daschle (D-SD) later recalls the meeting as superficial. Cheney “talked like it was something routine,” Daschle will say. “We really had no idea what it was about.” Unbeknownst to many of the Congressional leaders, White House and Justice Department leaders are locked in a sharp dispute over whether or not the program is legal and should be continued; Cheney is preparing to send White House counsel Alberto Gonzales and chief of staff Andrew Card to Attorney General John Ashcroft’s hospital room to persuade the gravely ill, heavily sedated Ashcroft to overrule acting Attorney General James Comey and reauthorize the program (see March 10-12, 2004). The briefing is designed to give the appearance of Congressional approval for the program. While most Republicans in the briefing give at least tacit approval of the program, some Democrats, as Daschle will recall, expressed “a lot of concerns” over the program’s apparent violation of fundamental Congressional rights. Pelosi later recalls that she “made clear my disagreement with what the White House was asking.” But administration officials such as Gonzales will later say (see July 24, 2007) that the eight Congressional leaders are in “consensus” in supporting the program, a characterization that is patently false (see July 25, 2007). Gonzales will also later testify that today’s briefing does not cover the NSA wiretapping program, later dubbed the “Terrorist Surveillance Program” (TSP), another apparent falsehood contradicted by Democratic senators such as Rockefeller and Russ Feingold, as well as testimony and notes on the hospital room visit made by FBI Director Robert Mueller and a memo from John Negroponte, the director of national intelligence. Many feel that Gonzales is using the moniker “Terrorist Surveillance Program,” not in use until December 2005, to play what reporter Michael Isikoff calls “verbal parsing” and “a semantic game”—since the NSA wiretapping program is not known by this name at the time of the Congressional briefing, Gonzales will imply that the briefing wasn’t about that program. [Newsweek, 8/6/2007; Klein, 2009, pp. 88]
Cheney, Gonzales: Democrats on Board with Illegal Program - In Angler: The Cheney Vice Presidency, a 2008 book by Washington Post reporter Barton Gellman, Gonzales will claim there is a “consensus in the room” among Democrats and Republicans alike, and according to Gellman’s reporting on Gonzales, “four Democrats and four Republicans, duly informed that the Justice Department had ruled something unlawful, said the White House should do it anyway.” Cheney will confirm this allegation during a December 2008 appearance on Fox News. [Klein, 2009, pp. 88]
Domestic Surveillance Began before 9/11? - Cheney fails to inform the lawmakers that the wiretapping program may have begun well before the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).
Entity Tags: Richard (“Dick”) Cheney, National Security Agency, Robert S. Mueller III, Terrorist Surveillance Program, Tom Daschle, US Department of Justice, Russell D. Feingold, Nancy Pelosi, John Negroponte, John D. Rockefeller, Alberto R. Gonzales, Andrew Card, Michael Isikoff, Bush administration (43), Jane Harman, James B. Comey Jr., “Gang of Eight”, John Ashcroft
Timeline Tags: Civil Liberties
It was disclosed in 2003 that the NSA had intercepted several calls between hijackers Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi and an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001 and Summer 2002-Summer 2004). But in 2004, after revelations that the NSA has been wiretapping inside the US, some media begin to re-examine the circumstances of the hijackers’ calls from the US, as the Bush administration uses the example of these calls as a justification for the NSA’s domestic wiretapping program. [New York Times, 12/16/2005; Los Angeles Times, 12/21/2005; US President, 12/26/2005 ] The calls are thought to be a key aspect of the alleged intelligence failures before 9/11. In late 1998, the FBI had started plotting intercepts of al-Qaeda calls to and from the communications hub on a map (see Late 1998-Early 2002). According to author Lawrence Wright, “[h]ad a line been drawn from the [communications hub] in Yemen to Alhazmi and Almihdhar’s San Diego apartment, al-Qaeda’s presence in America would have been glaringly obvious.” [Wright, 2006, pp. 343-344] In 2006, former NSA Director Michael Hayden will tell the Senate that if the NSA’s domestic wiretapping program had been active before 9/11, the NSA would have raised the alarm over the presence of hijackers Khalid Almihdhar and Nawaf Alhazmi in San Diego. [CNN, 5/19/2006] However, reports in the press suggest otherwise. For example, in one newspaper a senior intelligence official will say that it was not technically possible for the NSA, which had a budget of around $3.6 billion in 2000, to trace the calls. “Neither the contents of the calls nor the physics of the intercepts allowed us to determine that one end of the calls was in the United States,” says the official. [Bamford, 2002, pp. 482; US News and World Report, 3/15/2004] But another report flatly contradicts this. “NSA had the technical ability to pick up the actual phone number in the US that the switchboard was calling but didn’t deploy that equipment, fearing they would be accused of domestic spying.” [MSNBC, 7/21/2004] It is unclear why concerns about domestic spying allegations would prevent the NSA from passing the information on to the FBI. Almihdhar and Alhazmi were not US citizens, but foreign nationals who had entered the US illegally claiming to be tourists. In addition, there was a wealth of evidence connecting them to al-Qaeda (see Early 1999, January 5-8, 2000, and Early 2000-Summer 2001). In any event, the NSA did reportedly disseminate dispatches about some of these US calls (see Spring-Summer 2000). Some FBI officials will later profess not to know what went wrong and why they were not notified of the hijackers’ presence in the US by other agencies. A senior counterterrorism official will say: “I don’t know if they got half the conversation or none of it or hung up or whatever. All I can tell you is we didn’t get anything from it—we being the people at the FBI who could have done something about it. So were they sitting on it? I don’t know.” [Los Angeles Times, 12/21/2005] The US intelligence community, through the CIA, also had access to the phone company’s records for the Yemeni communications hub, which would have shown what numbers were being called in the US (see Late 1998-Early 2002).
Entity Tags: Michael Hayden, Khalid Almihdhar, Federal Bureau of Investigation, National Security Agency, Ahmed al-Hada, Bush administration (43), US intelligence, Salem Alhazmi, Nawaf Alhazmi
Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties
Boston Globe reporter Patrick Healey corrects his earlier report that Democratic presidential candidate John Kerry claimed “foreign leaders” were privately backing his candidacy (see March 8, 2004 and After). Healey, after reviewing the audiotape of Kerry’s remarks, now reports that Kerry did not say “foreign leaders” but said “more leaders,” likely referring to members of Congress. Healey’s correction does little to quell the heavy criticism from the White House and conservative media pundits, who are excoriating Kerry for claiming the support of foreign heads of state without naming them. [Jamieson and Cappella, 2008, pp. 5]
During a campaign stop, Democratic presidential candidate John Kerry is questioned by Pennsylvania voter Cedric Brown, who demands that Kerry identify the “foreign leaders” he reportedly claimed support his candidacy (see March 8, 2004 and After). Kerry responds: “I’ve met with lots of foreign leaders, but let me just say something to you, sir. Just a minute. Just a minute,” gesturing to the audience to allow Brown to continue speaking. “I’m not going to betray a private conversation with anybody and get some leader—they have to deal with this administration” (see March 15, 2004). Brown then accuses Kerry of colluding with those unnamed foreign leaders to “overthrow” the Bush presidency. The exchange becomes somewhat heated, with Brown calling Kerry a “liar” and asks if he secretly met with the dictator of North Korea, Kim Jong Il, an assertion advanced by conservative talk radio host Rush Limbaugh (see March 17, 2004). The exchange lasts for about eight minutes. In 2008, authors Kathleen Hall Jamieson and Joseph N. Cappella will perform an in-depth analysis of the media coverage of the Kerry-Brown exchange, and determine that while the mainstream media (ABC, CBS, CNN, NBC, the New York Times, and the Washington Post, among others) generally cover the exchange by reporting both sides fairly evenly (ABC’s coverage tilts towards favoring Kerry’s point of view while CBS’s gives Bush the advantage—see March 15, 2004), the conservative media they analyze (Limbaugh, Fox News, Fox’s Hannity & Colmes, and the Wall Street Journal’s editorial page) report the story from Brown’s viewpoint, and work to both denigrate Kerry and marginalize mainstream reporting. [Boston Globe, 3/15/2004; New York Times, 3/15/2004; Jamieson and Cappella, 2008, pp. 5-6]
Clips of Thompson, Bush included in VNRs provided to local TV stations. [Source: New York Times]New York Times reporter Robert Pear discovers that the Bush administration has employed two fake “reporters,” Karen Ryan and Alberto Garcia, who have appeared in administration-produced television “news” segments—“video news releases,” or VNRs—designed to promote the administration’s new Medicare prescription-drug policies. (Garcia primarily appeared in Spanish-language Medicare VNRs.) HHS had budgeted $124 million for the fake news segments, more than most real news organizations can provide. The segments are under investigation by the General Accounting Office (GAO) for possible violation of government statutes prohibiting the use of federal money to produce propaganda or partisan presentations. The Secretary for Health and Human Services (HHS), Tommy Thompson, appears in one of the segments, saying, “This is going to be the same Medicare system only with new benefits, more choices, more opportunities for enhanced benefits.” Several others show a crowd giving President Bush a standing ovation as he signs the new Medicare bill into law. Another segment shows a pharmacist talking to an elderly customer. The pharmacist says the new law “helps you better afford your medications,” and the customer says, “It sounds like a good idea.” The pharmacist agrees, “A very good idea.” The segments, professionally produced and ending with tag lines such as “In Washington, I’m Karen Ryan reporting,” were regularly aired by at least 50 local television news broadcasts in 40 cities around the country. The government also provides scripts that can be used by local news anchors to introduce, or “walk up,” the VNRs. One script suggested that anchors read the following: “In December, President Bush signed into law the first-ever prescription drug benefit for people with Medicare. Since then, there have been a lot of questions about how the law will help older Americans and people with disabilities. Reporter Karen Ryan helps sort through the details.” A VNR is then broadcast explaining how the new law benefits Medicare recipients.
'Infoganda' - Ryan is a freelance journalist, the administration claims, and using her for such fake news segments is perfectly acceptable. But cursory investigation reveals that she was once a freelance reporter, but has for years worked as a public relations consultant. Her most recent assignments include appearing in marketing videos and “infomercials” promoting a variety of pharmaceutical products, including the popular drugs FloMist and Excedrin. Perhaps the most telling reaction is from Comedy Central’s comedy-news program The Daily Show, where host Jon Stewart can’t seem to decide whether to be outraged or flattered by what Rich calls “government propaganda imitating his satiric art.” (Daily Show member Rob Corddry calls the HHS videos “infoganda.”) Administration officials also insist that the VNRs are real, objective news releases, but the company that produced the segments, Home Front Communications, confirms that it had hired Ryan to read a script prepared by government officials. The VNRs give a toll-free phone number for beneficiaries to call. To obtain recorded information about prescription drug benefits, the caller must speak the words, “Medicare improvement.” The Columbia Journalism Review writes, “The ‘reports’ were nothing more than a free advertisement for the legislation, posing as news.”
Legal? - GAO lawyers say that their initial investigations found that other fliers and advertisements disseminated by HHS to promote the new Medicare policies are legal, though they display “notable omissions and other weaknesses.” Administration officials claim the VNRs are also a legal, effective way to educate Medicare beneficiaries. The GAO is still investigating the VNRs. GAO investigators believe that they might violate the law in at least one aspect: misleading viewers by concealing their government origins. Federal law expressly forbids the use of federal money for “publicity or propaganda purposes” not authorized by Congress. Earlier investigations have found government-disseminated editorials and newspaper articles illegal if they did not identify themselves as coming from government officials. The GAO will find that the VNRs break two federal laws forbidding the use of federal money to produce propaganda (see May 19, 2004).
'Common Practice' - HHS spokesman Kevin Keane says the VNRs are well within legal guidelines; their only purpose, he says, is to inform citizens about changes in Medicare. “The use of video news releases is a common, routine practice in government and the private sector,” he says. “Anyone who has questions about this practice needs to do some research on modern public information tools.” Congressional Democrats disagree with Keane. “These materials are even more disturbing than the Medicare flier and advertisements,” says Senator Frank Lautenberg (D-NJ). “The distribution of these videos is a covert attempt to manipulate the press.” Lautenberg, fellow Senator Edward Kennedy (D-MA), and seven other members of Congress requested the GAO investigation. Keane is correct in one aspect: businesses have distributed VNRs to news stations as well as internally for years, and the pharmaceutical industry has been particularly successful in getting marketing videos that appear as “medical news” or “medical features” aired on local and even national news broadcasts. And government agencies have for years released informational films and videos on subjects such as teenage smoking and the dangers of using steroids. Bill Kovach, chairman of the Committee of Concerned Journalists, says HHS’s VNRs have gone far beyond what the government has previously provided. “Those to me are just the next thing to fraud,” he says. “It’s running a paid advertisement in the heart of a news program.” [New York Times, 3/15/2004; Columbia Journalism Review, 3/15/2004; Rich, 2006, pp. 164]
Media Responsibility - The Columbia Journalism Review’s Bill McDermott writes: “[F]or our money, the villains here aren’t the clever flacks at HHS—they’re supposed to be masters of deception. Nope, the dunce hats go to the local TV station editors willing to slap onto the air any video that drops in over the transom.” [Columbia Journalism Review, 3/15/2004] Ryan is relatively insouciant about the controversy. “Stations are lazy,” she says. “If these things didn’t work, then the companies would stop putting them out.” [Pittsburgh Post-Gazette, 3/20/2004]
Entity Tags: Edward M. (“Ted”) Kennedy, US Department of Health and Human Services, Committee of Concerned Journalists, Bush administration (43), Bill McDermott, Bill Kovach, Alberto Garcia, Tommy G. Thompson, Columbia Journalism Review, Robert Pear, New York Times, Jon Stewart, Home Front Communications, George W. Bush, Karen Ryan, General Accounting Office, Kevin Keane, Frank R. Lautenberg, Rob Corddry
Timeline Tags: Domestic Propaganda
The Environmental Protection Agency (EPA) grants Environmental Disposal Systems (EDS) an exemption from federal restrictions on land disposal of hazardous waste for two commercial Class 1 injection wells in Romulus, Michigan. It is estimated that each year, the wells will inject roughly 100 million gallons of liquid industrial waste—including chemicals like methanol, acetone and ammonia—into sponge-like rock located thousands of feet below the earth’s surface. EPA officials claim that “the waste will stay confined to a layer of rock deep underground and will not threaten human health or the environment.” Local residents and state officials strongly oppose the plan, against which they have been fighting for more than a decade. [Ecology Center News, 12/1999; Environmental Protection Agency, 3/17/2004; Detroit Free Press, 3/17/2004; Capitol Reports, 3/19/2004]
Jay Garner. [Source: Representational Pictures]The US’s first administrator of post-invasion Iraq, Jay Garner, tells BBC reporter Greg Palast that he was replaced by Paul Bremer because of his insistence on early elections and resistance to the Bush administration’s plan to impose a free market system on Iraq. Garner says he felt it would have been wrong to impose a new economic system on the Iraqi people before they could elect a representative government. [Guardian, 3/18/2003]
Counterterrorism “tsar” Richard Clarke, who remained in that position up until days before the October 2001 invasion of Afghanistan began, states in an interview that the Bush administration’s real focus at the start of the Afghanistan war was Iraq. “The reason they had to do Afghanistan first was it was obvious that al-Qaeda had attacked us. And it was obvious that al-Qaeda was in Afghanistan. The American people wouldn’t have stood by if we had done nothing on Afghanistan. But what they did was slow and small. They put only 11,000 troops into Afghanistan.… To this day, Afghanistan is not stable. To this day, we’re hunting down Osama bin Laden. We should have put US special forces in immediately, not many weeks later. US special forces didn’t get into the area where bin Laden was for two months.… I think we could have had a good chance to get bin Laden, to get the leadership, and wipe the whole organization out if we had gone in immediately and gone after him.” [Good Morning America, 3/22/2004]
A media firestorm follows the previous day’s appearance by former counterterrorism chief Richard Clarke on CBS’s 60 Minutes (see March 21, 2004). In that interview and in his upcoming book, Against All Enemies, Clarke is frank about the administration’s stubborn insistence on tying Iraq to the 9/11 attacks and using those attacks to justify a war it had already begun planning (see Between March 2001 and May 2001). Clarke also gives incendiary information about the repeated warnings Bush and other officials had received about the imminent attacks, warnings which were roundly ignored (see Between August 6 and September 11, 2001 and September 4, 2001). White House communications director Dan Bartlett calls Clarke’s charges “baseless,” and “politically motivated,” without giving any evidence of any such political loyalties or motivations Clarke may have. Clarke refuses to retreat, and reiterates his claims on today’s morning talk shows (see March 22, 2004); the White House sends National Security Adviser Condoleezza Rice onto the same shows to refute Clarke. [Rich, 2006, pp. 114-119]
The Oregon and California State Offices of the Bureau of Land Management (BLM) and the Pacific Southwest and Pacific Northwest Regional Offices of the Forest Service jointly announce two changes to the 1994 Northwest Forest Plan that will reduce federal wildlife protections and lead to increased logging on public lands in Washington, Oregon, and Northern California. The first change drops the “survey and manage” rule, which requires forest managers to search forests for about 300 rare plants and animals not yet listed under the Endangered Species Act prior to the logging of old-growth forests. The Forest Service says that the process is time-consuming and expensive, thus making it difficult for timber companies to meet the maximum, allowable, annual timber harvest level of 800 million board feet a year that is permitted under the Northwest Forest Plan. The US Forest Service estimates that this change will allow the timber industry to log an additional 70 million board feet a year. The second change concerns the plan’s Aquatic Conservation Strategy (ACS), which was created to restore and maintain the ecological health of watersheds and aquatic ecosystems in order to ensure that logging and roadbuilding does not damage salmon bearing watersheds. Instead of requiring that individual logging projects meet all ACS requirements, forest managers will only have to see that the standards are met at the “fifth-field watershed scale,” which usually represents an area of about 20,000 to 100,000 acres. [Bureau of Land Management and US Forest Service, 3/23/2004; Oregonian, 3/24/2004; Los Angeles Times, 3/25/2004]
Signatories to the Montreal Protocol meet in Montreal to negotiate the awarding of “critical use” exemptions for the pesticide methyl bromide (see February 7, 2003)
(see (February 28, 2004)). On the last day, an agreement is reached granting 12 industrialized countries exemptions which will allow them to use 13,438 metric tons of methyl bromide for the year 2005. The countries are Australia (145 metric tons), Belgium (47), Canada (56), France (407), Greece (186), Italy (2,133), Japan (284), the Netherlands, Portugal (50), Spain (1,059), the United Kingdom (129) and the United States (8,942). The total tonnage of methyl bromide that will be used by the United States is approximately twice that of all the others. [Environment News Service, 3/29/2004]
Richard Clarke sworn in before the 9/11 Commission. [Source: CBC]Former counterterrorism “tsar” Richard Clarke testifies before the 9/11 Commission. Due to publicity generated by the publication of his book and a controversial appearance on 60 Minutes (see March 21, 2004), it is, in the words of author Philip Shenon, a “true Washington spectacle” and “one of those moments in the capital when anyone of importance in the city [is] in front of a television set.” Shenon will add, “It was being compared by reporters to the sort of drama that John Dean’s testimony provided in Watergate or Lieutenant Colonel Oliver North’s testimony offered in the Iran-Contra affair.” [Shenon, 2008, pp. 281-282]
Clarke Offers Apology - Clarke’s opening statement consists of little more than an apology to the relatives of the 9/11 victims. He says: “Your government failed you, those entrusted with protecting you failed you, and I failed you. For that failure, I would ask… for your understanding and forgiveness.” This leads to a moment of silence, then gasps and sobs. Shenon will point out, “It was the first apology that the 9/11 families had heard from anybody of importance in the Bush administration,” adding that it “was the moment of catharsis that many of the wives and husbands and children of the victims had been waiting for.”
Praises Clinton, Criticizes Bush - Under questioning, Clarke praises the Clinton administration, saying, “My impression was that fighting terrorism, in general, and fighting al-Qaeda, in particular, were an extraordinarily high priority in the Clinton administration—certainly no higher priority.” But he is very critical of the Bush administration, stating, “By invading Iraq… the president of the United States has greatly undermined the war on terrorism.” He says that under Bush before 9/11, terrorism was “an important issue, but not an urgent issue.… [CIA Director] George Tenet and I tried very hard to create a sense of urgency by seeing to it that intelligence reports on the al-Qaeda threat were frequently given to the president and other high-level officials. But although I continue to say it was an urgent problem, I don’t think it was ever treated that way.” He points out that he made proposals to fight al-Qaeda in late January 2001. While the gist of them was implemented after 9/11, he complains, “I didn’t really understand why they couldn’t have been done in February .” He says that with a more robust intelligence and covert action program, “we might have been able to nip [the plot] in the bud.”
Republican Commissioners Ask Tough Questions - However, Clarke faces tough questioning from some of the Republican commissioners. Jim Thompson, who had been in contact with the White House before the hearing (see Morning, March 24, 2004), challenges Clarke over a briefing he gave in 2002 (see August 22, 2002 and March 24, 2004), which, according to Thompson, contradicts what Clarke is saying now. In addition, fellow Republican John Lehman confronts Clarke over what he sees as discrepancies between Clarke’s book and his private interviews with the Commission. Clarke replies that the differences arose because the Commission did not ask him about all the issues he covered in his book, such as his opposition to the invasion of Iraq. He adds that he will not accept any position in any administration formed by Democratic presidential candidate John Kerry.
Clarke Approved Saudi Flights - Clarke also clears up a mystery about the departure of Saudi Arabian nationals after the attacks, which has caused some controversy (see September 14-19, 2001), saying that he was the White House official that approved them. He did this after clearing it with the FBI, although he does not know “what degree of review the FBI did over those names.” [Washington Post, 3/24/2004; New York Times, 3/24/2004; 9/11 Commission, 3/24/2004; Shenon, 2008, pp. 282-289]
Testimony 'Arresting' - Author and media critic Frank Rich will later call Clarke’s testimony “arresting.” Rich will write that Clarke’s forceful, confident demeanor—“sonorous voice, secret-agent aura, and vaguely intimidating body language”—serves to brush back antagonistic Republicans such as Lehman and Thompson. Rich will write that the juxtaposition of Clarke’s damning testimony with President Bush’s bizarre comedy routine that same evening (pretending to hunt for Iraqi WMD under the Oval Office furniture—see March 24, 2004) is jarring. [Rich, 2006, pp. 114-119]
Some are shocked and outraged by President Bush’s jokes about missing WMD during a recent black-tie dinner thrown by the media industry (see March 24, 2004).
John Kerry - Bush’s challenger for the presidency, John Kerry (D-MA), calls Bush’s attitude towards the sacrifices made by the troops “stunningly cavalier,” and adds: “If George Bush thinks his deceptive rationale for going to war is a laughing matter, then he’s even more out of touch than we thought.… Unfortunately for the president, this is not a joke.… 585 American soldiers have been killed in Iraq in the last year, 3,354 have been wounded and there’s no end in sight. George Bush sold us on going to war with Iraq based on the threat of weapons of mass destruction. But we still haven’t found them, and now he thinks that’s funny?” [BBC, 3/26/2004; Guardian, 3/26/2004]
Al Sharpton - Another Democratic presidential candidate, the Reverend Al Sharpton (D-NY), says Bush’s joke is “one of the most despicable acts of a sitting president.” Sharpton continues: “Well, that’s not a joke to us, Mr. Bush. Five hundred soldiers lost their lives, looking for weapons that weren’t there. Billions of taxpayer dollars were spent looking for weapons that weren’t there.”
Veteran - Iraq war veteran Brad Owens says: “War is the single most serious event that a president or government can carry its people into. This cheapens the sacrifice that American soldiers and their families are dealing with every single day.” [BBC, 3/26/2004; Associated Press, 3/26/2004]
Jerrold Nadler - Representative Jerrold Nadler (D-NY) calls Bush’s performance “out of line and in poor taste.… It’s disgusting that during his little performance on stage, the president seemed to forget that people are dying in Iraq because of weapons of mass destruction he lied about.” [New York Daily News, 3/25/2004]
Dead Soldier's Father - Jorge Medina, whose son Irving Medina was slain in Iraq, retorts: “This is disgraceful. He doesn’t think of all the families that are suffering.… I think this is very distasteful for all of the families who lost a child or parent or relative in Iraq. You know, these men—are liars, bold-faced liars—and I believe that he doesn’t care about the soldiers, and he doesn’t care about the lives who are lost there.… It’s wrong for the soldiers, we are not honoring the soldiers that way. We’re making fun of why they died.” [Democracy Now!, 3/26/2004]
DNC Chairman - Democratic National Committee chairman Terry McAuliffe says: “This is a very serious issue. We’ve lost hundreds of troops, as you know, over there. Let’s not be laughing about not being able to find weapons of mass destruction.… They’re not there. That is the issue. We should not take it to a new step to make fun of the situation.”
Administration Response - The White House insists that Bush was merely poking fun at himself. Defense Secretary Donald Rumsfeld refuses to comment on Bush’s presentation, noting that he was not in attendance. [BBC, 3/26/2004; Associated Press, 3/26/2004]
Entity Tags: Bush administration (43), George W. Bush, Donald Rumsfeld, Jerrold Nadler, Brad Owens, John Kerry, Al Sharpton, Irving Medina, Terry McAuliffe, Jorge Medina
Timeline Tags: Iraq under US Occupation, Domestic Propaganda
Former counterterrorism “tsar” Richard Clarke, lambasted by Bush administration supporters (see March 24, 2004) for his criticism of the administration’s foreign policies (see March 21, 2004 and March 24, 2004), counters some of that criticism by noting that when he resigned from the administration a year earlier, he was highly praised by President Bush (see January 31, 2003).
Differing Characterizations from Administration - On Meet the Press, Clarke reads aloud the handwritten note from Bush that lauds his service, telling host Tim Russert: “This is his writing. This is the president of the United States’ writing. And when they’re engaged in character assassination of me, let’s just remember that on January 31, 2003: ‘Dear Dick, you will be missed. You served our nation with distinction and honor. You have left a positive mark on our government.’ This is not the normal typewritten letter that everybody gets. This is the president’s handwriting. He thinks I served with distinction and honor. The rest of his staff is out there trying to destroy my professional life, trying to destroy my reputation, because I had the temerity to suggest that a policy issue should be discussed. What is the role of the war on terror vis-a-vis the war in Iraq? Did the war in Iraq really hurt the war on terror? Because I suggest we should have a debate on that, I am now being the victim of a taxpayer-paid—because all these people work for the government—character assassination campaign.”
Never Briefed Bush on Terrorism - Clarke also notes that the letter proves he never briefed Bush on terrorism because he was not allowed to provide such a briefing (see Early January 2001). He tells Russert: “You know, they’re saying now that when I was afforded the opportunity to talk to him about cybersecurity, it was my choice. I could have talked about terrorism or cybersecurity. That’s not true. I asked in January to brief him, the president, on terrorism, to give him the same briefing I had given Vice President Cheney, Colin Powell, and [Condoleezza] Rice. And I was told, ‘You can’t do that briefing, Dick, until after the policy development process.’” [MSNBC, 3/28/2004; Salon, 3/29/2004]
Administration Should Declassifiy August 2002 Briefing - Clarke also calls on the administration to declassify “all six hours” of the briefing he gave to top officials in August 2002 about the impending threat of a terrorist attack (see August 22, 2002). The administration has selectively declassified material from that briefing to impugn Clarke’s honesty and integrity. “I would welcome it being declassified,” Clarke says. “But not just a little line here and there—let’s declassify all six hours of my testimony.” He also asks that the administration declassify the strategy reports from 2001 that he authored, and all of his e-mails between January 2001 and September 2001, to prove that the charges laid against him by the administration are false. He calls on the White House to end what he calls the “vicious personal attacks” and “character assassination,” and focus on issues. “The issue is not about me,” he tells a CNN reporter. “The issue is about the president’s performance in the war on terrorism.” [MSNBC, 3/28/2004; CNN, 3/28/2004]
The Bush administration bows to growing pressure in the wake of former counterterrorism “tsar” Richard Clarke’s testimony before the 9/11 Commission (see March 21, 2004) and agrees to allow National Security Adviser Condoleezza Rice to testify before the Commission in public and under oath. It also agrees that President Bush and Vice President Dick Cheney can be interviewed in private by the whole Commission. However, according to the New York Times, “In exchange for her appearance, the [9/11 Commission] agreed not to seek testimony from other White House aides at public hearings, although it can continue to question them in private.” [New York Times, 3/31/2004] There was some debate in the administration over whether Rice would testify or not. As she is national security adviser and there are no allegations of criminal wrongdoing, there are good grounds for Rice refusing to testify under the doctrine of executive privilege, and this argument is made in particular by White House counsel Alberto Gonzales and David Addington, Vice President Cheney’s counsel. However, Rice insists that she wants to testify. According to author Philip Shenon, she is “uncharacteristically frantic” over the issue. White House chief of staff Andy Card will say, “Condi desperately wanted to do it.” Shenon will write of the decision, which is made by President Bush: “The political pressure on the White House was too great, and Rice’s persuasive powers with the president were more than a match for Alberto Gonzales’s. Rice was as strong-willed as any member of the White house staff. Gonzales was strong-willed until the president told him otherwise.” [Shenon, 2008, pp. 289-292] Author and media critic Frank Rich will later write: “The dirty little secret about the uproar over Clarke’s revelations were that many of them had been previously revealed by others, well before he published his book. But as the Bush administration knew better than anyone, perception was all, and perception began with images on television. Clarke had given the charges a human face.” The administration is sending Rice to testify publicly before the Commission, Rich will write, in part because she is the most telegenic of Bush’s top advisers, and has the best chance of “rebranding” the story with her face and testimony. [Rich, 2006, pp. 119]
Entity Tags: White House, Frank Rich, Philip Shenon, George W. Bush, Condoleezza Rice, Bush administration (43), Alberto R. Gonzales, 9/11 Commission, David S. Addington, Andrew Card
Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections
Cover of Wilson’s ‘The Politics of Truth.’ [Source: Barnes and Noble]Former ambassador Joseph Wilson, who helped disprove the White House’s claim that Iraq had attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and in turn had his wife, Valerie Plame Wilson, exposed as a CIA agent through a White House leak (see July 14, 2003, September 26, 2003, and September 30, 2003), publishes his book, The Politics of Truth: Inside the Lies that Led to War and Betrayed My Wife’s CIA Identity: A Diplomat’s Memoir. He had signed with a relatively small publisher, Carroll & Graf, after making a gentleman’s agreement with C&G editor Philip Turner, and refused to allow his literary agent to bid his book out for a larger advance in order to honor the agreement with Turner. According to Wilson’s wife, he worked relentlessly for four months to complete the book, eager to tell not just the story of his trip to Niger and his wife’s outing, but to write about his wide and varied diplomatic career in Africa and the Middle East (see September 5, 1988 and After, September 20, 1990, and Late November, 1990). [Wilson, 2007, pp. 171-172] The book sells well and garners mostly positive reviews; for example, author and former White House counsel John Dean gives it a glowing review in the New York Times (see May 12, 2004). But right-wing supporters of the Bush administration quickly publish their own vilifications of Wilson and his book (see July 12, 2004). Plame Wilson will write in 2007: “Having lived through the first spate of attacks on Joe’s credibility and character in the wake of the leak, I thought I had acquired some armor. I was wrong. I knew the comments were politically motivated, but they were still painful to read, and once again we felt under siege.” Plame Wilson is particularly alarmed by the death threats made against her and her family by unidentified telephone callers, including one “seriously deranged person” who manages to talk to her four-year-old son for a moment. She asks the CIA for additional security measures to protect her children, a request that the agency will eventually deny. She will recall: “To say that the CIA response ‘disappointed’ me doesn’t begin to touch the betrayal that I felt. After [REDACTED] loyal service, I expected the agency to come through on its standing promise to protect its ‘family,’ something that had always been a point of CIA pride.… Clearly, I was on my own.” [Wilson, 2007, pp. 178-180]
The Environmental Protection Agency posts a notice in the Federal Register announcing that it will continue studying the 51 drinking water contaminants included in its 1998 Contaminant Candidate List. [Environmental Protection Agency, 4/2/2004] But the announcement seems to suggest that the EPA is continuing to ignore recommendations embodied in three National Research Council reports—Setting Priorities for Drinking Water Contaminants (1999), Identifying Future Drinking Water Contaminants (1999), and Classifying Drinking Water Contaminants for Regulatory Consideration (2001)—which suggested, among other things, that the agency use the latest gene-mapping technology to screen for a more comprehensive list of contaminants, including waterborne pathogens, chemical agents, disinfection byproducts, radioactive substances and biological compounds. The Natural Resources Defense Council and other health and environmental groups have urged the agency to follow the Council’s recommendations in order to protect the public against the numerous contaminants that have been shown to be detrimental to human health but which are not currently regulated. [Water Science and Technology Board Newsletter, 5/2001 ; Natural Resources Defense Council, 12/31/2005]
The New York Times reports that the Bush administration has recently spurned a request for 80 more investigators to track and disrupt the global financial networks of US-designated terrorist groups. The IRS requested the increase to their current staff of 150 investigators focused on terrorism, but the Bush administration cut the $12 million item in their final proposal to Congress. The New York Times says the value of the request “seems beyond dispute” and notes that the IRS is severely underfunded in general. [New York Times, 4/4/2004]
Spc. Casey Sheehan. [Source: Associated Press]Specialist Casey Sheehan, an Eagle Scout, church group leader, and honor student who enlisted in the Army in 2000, dies during an ambush in Sadr City, Baghdad. Sheehan had been in Iraq for only two weeks. His death will drive his mother, Cindy Sheehan, to become a noted peace activist (see August 6, 2005 and After). Specialist Sheehan and six other American soldiers die during a rescue mission in Sadr City. Sheehan and his compatriots are left to fend for themselves by their Iraqi cohorts, newly trained militiamen who flee when fighters for Moqtada al-Sadr’s Mahdi Army attack their position. Sheehan’s death will become a powerful counterargument against claims by Defense Secretary Donald Rumsfeld and other Bush officials that “over 200,000 Iraqis… have been trained and equipped” and are “out on the front line taking the brunt of the violence.” Author and media critic Frank Rich will write that given the wildly inflated claims by Rumsfeld and others about the size and effectiveness of the Iraqi soldiers, and the increasing power wielded by al-Sadr, “[i]t is hard to see what Cindy Sheehan’s young son had died for.” [US Department of Defense, 4/7/2004; Rich, 2006, pp. 193-194] Mrs. Sheehan, as part of a group of bereaved family members who suffered their own losses in Iraq, will meet with President Bush soon after her son’s death, and come away dissatisfied and angry. Recalling the meeting, she will say: “We wanted [the president] to look at pictures of Casey, we wanted him to hear stories about Casey, and he wouldn’t. He changed the subject every time we tried. He wouldn’t say Casey’s name, called him, ‘your loved one.’” [Los Angeles Times, 8/11/2005]
The US Fish and Wildlife Service releases an economic analysis on bull trout recovery titled, “Draft Economic Analysis of Critical Habitat Designation for the Bull Trout.” The study—written by Bioeconomics Inc. of Missoula, Montana—had been commissioned by the US Fish and Wildlife Service to serve as the basis for cost-benefit analysis. Once approved, Interior Secretary Gale Norton will use the data from the report to determine whether the costs of bull trout recovery outweigh the benefits. The report estimates that protecting bull trout and its habitat in the Columbia and Klamath river basins would cost between $230 and $300 million over the next ten years. But missing from the published version of the report is a 55-page section demonstrating $215 million in quantifiable economic benefits. The section had concluded that a healthy bull trout fishery would result in increased revenue from fishing fees, reduced drinking water costs and increased water for irrigation farmers. It also included discussion of other benefits not easily quantified in monetary terms. For example, it discussed the positive effects recovery would have on other trout species, in-stream flows and water quality in lakes and streams. Additionally, the missing section noted that there was a “number of published studies have demonstrated that the public holds values for endangered and threatened fish species separate and distinct from any expected direct use of the species.” According to Diane Katzenberger, an information officer in the Fish and Wildlife Service’s Denver office, the decision to discard the section was made in Washington. “It did not come out of Denver or Portland,” she explains. But Katzenberger nonetheless defends the decision claiming that it is difficult to assign “a dollar value to a biological benefit.” She further explains that while it is possible to estimate the costs of consultation and of road upgrades and culvert replacements, “We don’t know the dollar value of biological benefits. And no matter what, it would be a comparison of apples to oranges.” [Missoulian, 4/15/2004; Ravalli Republic, 4/16/2004; Washington Post, 4/17/2004] Chris Nolin, chief of the division of conservation and classification at the Fish and Wildlife Service, dismissed criticisms that the decision to delete the section was based on politics. “OMB uses very strict methodology” he says, adding that the OMB has “told us repeatedly in the past to remove this kind of analysis” from public reports. But as The Washington Post notes: “The federal government, however, often publicizes analyses of the benefits of Bush administration proposals for environmental clean-up. The Environmental Protection Agency, for example, found $113 billion in benefits over 10 years from provisions of the administration’s 2003 Clear Skies Act.” [Washington Post, 4/17/2004]
The Pentagon submits a request to Congress asking it to pass legislation exempting the military’s 525 live-fire ranges from key provisions of the 1970 Clean Air Act, 1980 Comprehensive Environmental Response, Compensation and Liability Act, and the 1976 Resource Conservation and Recovery Act. For example, it wants exemptions to toxic waste laws requiring the military to clean up pollution from munitions used on training ranges. The Pentagon claims that the exemptions will improve the US military’s combat readiness. [American Forces Press Service, 4/6/2004; Government Executive, 4/6/2004; Associated Press, 4/7/2004; CBS News, 4/20/2004]
The US Fish and Wildlife Service acknowledges that the Pacific fisher, a rare relative of weasels, otters and minks, is at risk of extinction and warrants federal protection, but says that the agency lacks the funds needed to adequately protect the species. The Fish and Wildlife Service says it will make the animal a candidate for listing as threatened or endangered under the Endangered Species Act. The Pacific fisher’s status will be reviewed annually until it is either added to the list or until the species’ population recovers to a level that no longer warrants federal protection. Critics complain that not only is the federal government failing in its obligation to protect endangered species, but it is pursuing policies that damage its habitat, such as the Bush administration’s forest preservation policies that encourage increased logging (see December 3, 2003). [Associated Press, 4/9/2004]
Condoleezza Rice sworn in before the 9/11 Commission. [Source: Larry Downing/ Reuters]National Security Adviser Condoleezza Rice testifies before the 9/11 Commission under oath and with the threat of perjury. The Bush administration originally opposed her appearance, but relented after great public demand (see March 30, 2004). [Independent, 4/3/2004] The testimony is a huge media event and major television networks interrupt their programming to carry it live. First, the Commission’s Democratic Vice Chairman Lee Hamilton reads a statement trying to establish a tone of non-confrontation and saying that the Commission’s purpose is “not to put any witness on the spot,” but “to understand and to inform.”
Rice Reads Lengthy Statement - Knowing that she has a deal to appear only once and for a limited time, Rice begins by reading a statement much longer than those read by other witnesses testifying before the Commission, a move specifically approved by Hamilton and the Commission’s chairman Tom Kean. [Shenon, 2008, pp. 293, 295] In the statement she repeats her claim that “almost all of the reports [before 9/11] focused on al-Qaeda activities outside the United States.… The information that was specific enough to be actionable referred to terrorists operation overseas.” Moreover, she stresses that the “kind of analysis about the use of airplanes as weapons actually was never briefed to us.” But she concedes: “In fact there were some reports done in ‘98 and ‘99. I think I was—I was certainly not aware of them.” [Washington Post, 4/8/2004]
Heated Questioning from Democrats - The exchanges with the Republican commissioners are polite, but Rice’s interactions with the Democrats on the Commission become heated. According to author Philip Shenon, her strategy is to “try to run out the clock—talk and talk and talk, giving them no chance to ask follow-up questions before the 10 minutes that each of the commissioners had been allotted had run out.” [Shenon, 2008, pp. 295] During questioning several subjects are discussed:
Why didn’t counterterrorism “tsar” Richard Clarke brief President Bush on al-Qaeda before September 11? Clarke says he had wished to do so, but Rice states, “Clarke never asked me to brief the president on counterterrorism.”
What was the content of the briefing President Bush received on August 6, 2001 (see August 6, 2001)? While Rice repeatedly underlines that it was “a historical memo… not threat reporting,” commissioners Richard Ben-Veniste and Tim Roemer ask her why it cannot therefore be declassified. [Washington Post, 4/8/2004] Asked what the PDB item’s still-secret title is, Rice gives it as “Bin Laden Determined to Attack inside the United States,” leading to an audible gasp from the audience. [Shenon, 2008, pp. 298] Two days later, the White House will finally publish it, and it will be shown to contain more than just historical information.
Did Rice tell Bush of the existence of al-Qaeda cells in the US before August 6, 2001? Rice says that she does not remember whether she “discussed it with the president.”
Were warnings properly passed on? Rice points out: “The FBI issued at least three nationwide warnings to federal, state, and law enforcement agencies, and specifically stated that although the vast majority of the information indicated overseas targets, attacks against the homeland could not be ruled out. The FBI tasked all 56 of its US field offices to increase surveillance of known suspected terrorists and to reach out to known informants who might have information on terrorist activities.” But commissioner Jamie Gorelick remarks: “We have no record of that. The Washington field office international terrorism people say they never heard about the threat, they never heard about the warnings.” [Washington Post, 4/8/2004]
Under questioning from Democratic commissioner Bob Kerrey, she admits that she worked with Philip Zelikow, the Commission’s executive director, during the Bush administration transition, and that they discussed terrorism issues.
She claims that a plan Clarke presented to her to roll back al-Qaeda in January 2001 (see January 25, 2001) was not actually a plan, but merely “a set of ideas and a paper” that had not been implemented. [Shenon, 2008, pp. 299-300]
Central Issues Unresolved - Rice does not apologize to the families of the victims of the 9/11 attacks, as Clarke did weeks earlier. The Associated Press comments, “The blizzard of words in Condoleezza Rice’s testimony Thursday did not resolve central points about what the government knew, should have known, did, and should have done before the September 11 terrorist attacks.” [Associated Press, 4/8/2004]
Testimony an 'Ambitious Feat of Jujitsu' - The Washington Post calls her testimony “an ambitious feat of jujitsu: On one hand, she made a case that ‘for more than 20 years, the terrorist threat gathered, and America’s response across several administrations of both parties was insufficient.’ At the same time, she argued that there was nothing in particular the Bush administration itself could have done differently that would have prevented the attacks of September 11, 2001—that there was no absence of vigor in the White House’s response to al-Qaeda during its first 233 days in office. The first thesis is undeniably true; the second both contradictory and implausible.” [Washington Post, 4/9/2004]
'Cherry-Picking' Rice's Testimony - In 2009, Lawrence Wilkerson, who is chief of staff for Secretary of State Colin Powell in 2004, will recall: “John [Bellinger, the legal adviser to the National Security Council] and I had to work on the 9/11 Commission testimony of Condi. Condi was not gonna do it, not gonna do it, not gonna do it, and then all of a sudden she realized she better do it. That was an appalling enterprise. We would cherry-pick things to make it look like the president had been actually concerned about al-Qaeda. We cherry-picked things to make it look as if the vice president and others, Secretary Rumsfeld and all, had been. They didn’t give a sh_t about al-Qaeda. They had priorities. The priorities were lower taxes, ballistic missiles, and the defense thereof.” [Vanity Fair, 2/2009]
Entity Tags: Jamie Gorelick, Lee Hamilton, Lawrence Wilkerson, George W. Bush, John Bellinger, Federal Bureau of Investigation, Bob Kerrey, Bush administration (43), Tim Roemer, Condoleezza Rice, Thomas Kean, Richard Ben-Veniste, 9/11 Commission, Richard A. Clarke
Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections
A military photo of a flag-draped casket. [Source: The Memory Hole]Russ Kick, an author and owner of “The Memory Hole,” a Web site dedicated to presenting information it thinks the government does not want revealed, receives a CD from the US military containing 361 photographs of flag-draped coffins returning to the US from overseas postings—mostly Iraq—through Dover Air Force Base. Kick had filed a Freedom of Information Act (FOIA) request in October 2003 for photos of coffins at the base, had been rejected, and had appealed. He is surprised to actually receive the photos. None of the photos contain personally identifying information, and most depict row after row of coffins strapped down in the holds of transport planes. Kick immediately posts the photographs on his Web site, writing, “Score one for freedom of information and the public’s right to know.” The Bush administration immediately orders the Pentagon to conceal such photographs in the future, citing the soldiers’ families’ right to privacy, even though the photographs reveal no personal information about the soldiers. Representative Jim McDermott (D-WA), a former Navy officer, says: “This is not about privacy. This is about trying to keep the country from facing the reality of war.” [Russ Kick, 4/2004; Savage, 2007, pp. 105-106] In 2004, a contractor will be fired for releasing a photo of flag-draped coffins to the press (see April 18, 2004 and After). In 2009, the Obama administration will reverse the Pentagon policy and allow photographs to be published (see February 26, 2009).
One of Tami Silicio’s photos of flag-draped coffins on a transport plane in Kuwait. [Source: Tami Silicio / Seattle Times]The Seattle Times publishes several photographs of flag-draped coffins bearing US troops killed in Iraq. The Times is the first newspaper to defy the Pentagon’s ban on such photos appearing in the news media. The photos were taken on April 7 by Tami Silicio, a contract cargo loader for Maytag Aircraft. The photos show caskets being loaded onto a transport plane in Kuwait. “The way everyone salutes with such emotion and intensity and respect,” she says in the Times article accompanying the photo. “The families would be proud to see their sons and daughters saluted like that.… So far this month, almost every night we send them home.… It’s tough. Very tough.” The photo publication provokes a round of criticism from White House officials, who claim the ban is to protect the sensibilities of the families of the fallen, as well as supportive statements from, among others, Democratic presidential candidate John Kerry.
Fired over Photos - Days later, both Silicio and her husband, David Landry, another contract worker for Maytag, are fired over the photo controversy. Concurrently, a Web site called the Memory Hole publishes over 300 such photos, obtained through a Freedom of Information Act request [Seattle Times, 4/18/2004; Deseret News, 4/30/2004; Rich, 2006, pp. 123] , and provoking more government protests (see April 14, 2004 and After). Many of the Memory Hole photographs were taken at Dover Air Force Base in Delaware. [Voice of America, 4/23/2007]
Silicio's Photographs to Honor War Dead, Not to Make Political Statement - Silicio’s friends describe her as not particularly involved in politics; Silicio herself says of one particularly stark photo she took: “The picture is about them, not me, about how they served their country, paid the price for our freedom, and the respect they receive on their way home from our military personnel at our air terminal.… I guess my feelings were so built up—my heart was so full of grief. And it came out in the picture.” Of the war, she says: “Our sons and daughters are over there now—and we need to support them. On the other hand, I think we should try to find a solution to the conflict other than killing each other.” [Seattle Times, 4/26/2004] She describes herself as feeling “like I was hit in the chest with a steel bar and got my wind knocked out” over being fired. “It wasn’t my intent to lose my job or become famous or anything,” she says. [Seattle Times, 4/22/2004]
'Don't Look' - Shortly after the photos are published, columnist Ellen Goodman writes: “We have shown images of concentration camps and killing fields. The media are full of violence. The recurring question—often unanswered—is how to show that war is hell without the hellishness. Is it wrong to be restrained? Is it invasive, exploitive or honest to show war as horrific? In such a context, how on earth can there be any doubt about showing a sanitized, symbolic array of 20 coffins in a plane or dozens in an aircraft hangar during a month when a hundred Americans are lost? Has our government flunked the confidence test? The disconnect between home front and war front is still enormous. This is a war that demands little sacrifice from civilians. Now those who have made what everyone knows is the ultimate sacrifice are coming home through Dover. And we are asked only one thing: Don’t look.” [Deseret News, 4/30/2004]
The attorneys general of 39 states ask Congress to turn down a Defense Department request for exemptions from environmental laws (see April 6, 2004). Colorado Attorney General Ken Salazar argues that there is no evidence that the proposed exemptions would facilitate training or improve military readiness, as the military claims. Salazar notes that existing laws allow the Pentagon to apply for waivers from the laws, adding that if Congress grants the exemptions, it could limit states’ ability to conduct investigations and oversee clean-ups of munitions-related contamination on 24 million acres of military lands. [CBS News, 4/20/2004]
The Supreme Court hears oral arguments for and against the release of records pertaining to Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). The case is Cheney v. US District Court for the District of Columbia (03-0475) (see December 15, 2003). Two public interest groups, the environmentalist Sierra Club and the conservative government watchdog organization Judicial Watch, have joined to argue for the release of the records, saying that because the task force deliberations included energy industry executives and lobbyists, the task force is subject to the Federal Advisory Committee Act (FACA), which requires disclosure of the work of advisory groups that include non-federal employees. Bush administration lawyers, spearheaded by Solicitor General Theodore Olson, argue that releasing those records would violate the concept of “separation of powers.” The administration also argues that releasing the records, most pertinently the meetings between Cheney, his aides, and officials from energy corporations and lobbying firms, would damage the White House’s ability to receive candid advice. “This case is about the separation of powers and the president’s discretion to receive the opinions of subordinates,” Olson tells the court; Olson has resisted submitting task force documents even to the Court, saying that even that so-called “discovery” process would violate the Constitutional separation of powers. Lawyers for the Sierra Club and Judicial Watch argue that Cheney’s contacts with industry executives and lobbyists were improper while he was developing government policy that benefited their businesses. They are demanding to know whether energy lobbyists helped shape the government’s long-term energy policies. Lower courts agreed with Judicial Watch and the Sierra Club, and Cheney, with the Justice Department, has successfully ramrodded the case into the Supreme Court with unprecedented speed.
Justices Question Breadth of Requests - Justice Antonin Scalia, who refused to recuse himself from deliberations after accompanying Cheney on a duck-hunting trip in January, is one of the justices most favoring the government’s case. But even more moderate justices such as Stephen Breyer and Ruth Bader Ginsburg question whether the information request is too broad and inclusive. As for the White House, it argues that neither the courts nor Congress have any right to make any inquiries into the decisions of federal agencies and officials. Sierra Club lawyer David Bookbinder says the White House appears to have violated laws supporting open government: “What the panel said to energy executives was: Help us decide what the energy policy should be. A line has been crossed because the process should have been transparent. The panel was inordinately influenced by the energy industry.” Cheney has said that the executive branch must defend itself against the “continual encroachment by Congress.” The White House has already turned over some 40,000 documents from the task force after a lower court ruling compelled it to do so (see July 17, 2003), but the lawsuit before the Supreme Court says that another 100,000 potentially relevant documents and files remain secret. [MSNBC, 4/26/2004; New York Times, 4/28/2004; CNN, 6/24/2004]
Cheney 'Beyond the Reach of the Law?' - In a legal analysis of the case, former Nixon White House counsel John Dean calls the case “extraordinary,” and notes that Cheney “contends that he is, in essence, beyond the reach of the law. It began as a set of rather pedestrian discovery matters in two consolidated civil lawsuits. Now, however, because of Cheney’s stance, it could be a landmark Constitutional decision.” Dean sees the case as an opportunity for Cheney, with the assistance of Olson and Scalia, “to expand executive powers.” [FindLaw, 3/26/2004]
Case Sent Back to Lower Court - The Court will vote to send the case back to the District of Columbia Appeals Court for further adjudication (see June 24, 2004). That court will rule in Cheney’s favor (see May 10, 2005).
Entity Tags: Stephen Breyer, Sierra Club, US Department of Justice, Ruth Bader Ginsburg, Theodore (“Ted”) Olson, US Supreme Court, Richard (“Dick”) Cheney, Judicial Watch, Antonin Scalia, David Bookbinder, Bush administration (43), John Dean, Federal Advisory Committee Act, National Energy Policy Development Group
Timeline Tags: US Environmental Record, Civil Liberties
Federal officials confirm that the Bush administration plans to begin using the population statistics of hatchery-bred fish when considering whether stream-bred wild salmon are entitled to protections under the Endangered Species Act (ESA). The new policy rests on five major points: (1) The genetic resources for protecting salmon populations are present in both hatchery-bred and wild fish; (2) Hatchery-bred fish that are “no more than moderately divergent” genetically from wild fish will be included in the same group known as an Evolutionarily Significant Unit, or ESU; (3) Decisions on whether to protect a specific ESU will be based on the entire population; and (4) ESA protection will be based on abundance, productivity, geographic distribution and genetic diversity. [Associated Press, 4/28/2004; Washington Post, 4/29/2004] This proposal ignores warnings from six of the world’s leading experts on salmon ecology who recently argued in the journal Science that hatchery-bred fish are not as fit as those hatched in the wild and should not be relied upon to protect wild salmon populations. [Science Magazine, 3/26/2004, pp. 1980; Washington Post, 4/29/2004] The scientists had been part of a panel formed at the request of the administration to determine whether or not there are significant differences between hatchery-bred and wild fish. When the panel concluded that hatchery fish are larger and genetically inferior to wild fish and that they should not be counted upon to help wild salmon populations, the scientists were told that their conclusions were inappropriate for official government reports. [Associated Press, 4/28/2004; Washington Post, 4/29/2004; Seattle Post-Intelligencer, 4/30/2004; Sacramento Bee, 5/2/2004; News Tribune, 5/4/2004] One of the panel’s scientists, biologist Ransom Myers of Dalhousie University in Halifax, Nova Scotia, says of the administration’s response to their work, “Any science that contradicted them was not welcome.” Justifying the panel’s conclusions, he explains, “[Y]ou can’t replace wild salmon with hatchery salmon. It’s like saying Chihuahuas and wolves are the same.” Robert Paine, a biologist at the University of Washington, who also served on the panel, notes: “The current political and legal wrangling is a sideshow to the real issues. The science is clear and unambiguous—as they are currently operated, hatcheries and hatchery fish cannot protect wild stocks.” [Sacramento Bee, 5/2/2004] The agricultural, timber and energy industries strongly support the new policy plan, having long complained about the costs of ecosystem-wide modifications that the ESA requires businesses to make to roads, farms and dams to protect the salmon habitats. [Washington Post, 4/29/2004] Salmon protection policies—described as the most expensive and complex of all the endangered species programs—cost roughly $700 million per year. [Washington Post, 4/29/2004; Sacramento Bee, 5/2/2004; News Tribune, 5/4/2004] Two weeks later, on May 14, the administration will back away from its proposal. [Seattle Post-Intelligencer, 4/30/2004; Columbian, 5/15/2004]
Lynndie England dragging a prisoner nicknamed Gus on October 24, 2003. [Source: Public domain]CBS’s “60 Minutes II” airs the Abu Ghraib prison photos (see March 23, 2004) having learned that the New Yorker is about to publish a piece on abuses at Abu Ghraib. Bush reportedly first learns about these photos from the television report. [CBS News, 5/6/2004; Los Angeles Times, 5/6/2004; Baltimore Sun, 5/6/2004; St. Petersburg Times, 5/9/2004] Most of the photos show prisoners being forced to engage in humiliating sexual acts. For example in one photo a hooded naked man is forced to masturbate as a grinning female MP, Lynndie England, looks on, giving a thumbs-up. Another photo shows two naked hooded men, one standing, while the other is kneeling in front of him, simulating oral sex. The Bush administration will portray these forced acts of humiliation as the immature pranks of low ranking soldiers. But others will argue that the acts were ordered from above with the intent to exploit Arab culture’s conservative views with regard to sex and homosexuality (see 2002-March 2003). [New Yorker, 5/10/2004; New Yorker, 5/17/2004] A different picture shows a hooded-man with his arms spread and wires dangling from his fingers, toes, and penis. He was apparently told that if he fell off the box he would be electricuted. The tactic is known as the “The Vietnam,” an “arcane torture method known only to veterans of the interrogation trade” that had been first used by Brazilians in the 1970s. [Seattle Times, 5/14/2004; Newsweek, 5/24/2004 Sources: Darius Rejali] Another picture is of Manadel al-Jamadi who was killed after being “stressed” too much (see (7:00 a.m.) November 4, 2003). [New Yorker, 5/10/2004; New Yorker, 5/17/2004] “A generation from now,” one observer notes, “historians may look back to April 28, 2004, as the day the United States lost the war in Iraq.” [Washington Monthly, 11/2004]
Deputy Solicitor General Paul Clement appears before the Supreme Court to argue for the administration in Hamdi v. Rumsfeld (see June 28, 2004). Clement argues that the Court has no role in the White House’s decision to hold suspected terrorists designated as “enemy combatants” without trial or charge. During oral arguments, several of the justices ask Clement if the Bush administration considers itself bound by the Convention against Torture (see October 21, 1994). Clement replies, “The United States is signatory to conventions that prohibit torture and that sort of thing, and the United States is going to honor its treaty obligations.” He continues: “I wouldn’t want there to be any misunderstanding about this. It’s also the judgment of those involved in this process that the last thing you want to do is torture somebody or do something along those lines.” That evening, CBS’s 60 Minutes II airs the first photos of tortured prisoners at Abu Ghraib (see April 28, 2004). [Oral Arguments, Hamdi v. Rumsfeld, 4/28/2004 ; Savage, 2007, pp. 188-189]
Sylvia Lowrance, the former deputy administrator for enforcement at the EPA, tells the Chicago Tribune that while at the EPA her office had been instructed not to pursue any more pollution cases against farms without the approval of the senior political appointees in the EPA. “That’s unprecedented in EPA,” she says. [Knight Ridder, 5/16/2004]
The International Atomic Energy Agency (IAEA) warns L. Paul Bremer, the head of the US-led Coalition Provisional Authority (CPA), that it is likely the huge explosives cache at the Al Qaqaa military facility in northern Babil Province has been looted (see May 2003). In October 2004, a senior Bush administration official will admit that securing the facility was not a major priority at the time; officials were far more concerned with the transfer of authority to an Iraqi government (see June 28, 2004). “It’s not an excuse,” says the official. “But a lot of things went by the boards.” In October 2004, the IAEA will inform the US that at least 380 tons of explosives from the Al Qaqaa cache have gone missing (see October 10, 2004 and October 25, 2004). [New York Times, 10/25/2004]
The Food and Drug Administration (FDA) announces that it will not permit pharmacies to sell the emergency contraception drug “Plan B” without a prescription. The drug is a “morning-after” birth-control drug that prevents fertilization and the implantation of the embryo. The agency explains to the manufacturer of the drug, Barr Pharmaceuticals, that the government is worried about the possibility that teenaged girls might not understand how to correctly use the drug without a doctor’s advice. The FDA’s decision is in direct contradiction of a federal advisory panel’s 23-4 decision to recommend approving the drug for over-the-counter sales, including to teenagers, without a doctor’s approval. The FDA’s staff recommended that the agency follow the panel’s recommendation. In 2007, author and reporter Charlie Savage will write, “Normally, agencies such as the FDA base their decisions on the information provided by their expert advisory panels—but, strangely, not this time.” A spokesman for the presidential campaign of John Kerry (D-MA) says: “By overruling a recommendation by an independent FDA review board, the White House is putting its own political interests ahead of sound medical policies that have broad support. This White House is more interested in appealing to its electoral base than it is in protecting women’s health.” James Trussell, director of the office of population research at Princeton University and a member of the advisory board, says, “The White House has now taken over the FDA.” Numerous women’s groups accuse the FDA’s political appointees of overruling the experts in order to please social conservatives who believe that the “Plan B” drug encourages promiscuity and is a form of abortion. In the following months, a lawsuit will be filed to have the FDA’s decision overturned (see January 21, 2005 and After). [New York Times, 3/7/2004; Savage, 2007, pp. 300-301]
The CIA’s inspector general completes a lengthy, secret report on the interrogation of detainees in US custody. The report, based on over 100 interviews, a review of the CIA’s videotapes of interrogations (see November 2005), and some 38,000 pages of documents, will remain secret throughout the Bush administration and into the first year of the Obama administration. Some portions will be made public over the years. The report includes evidence that US interrogators used harsh tactics—torture—against detainees who were not withholding information. Officials familiar with the report will say that it concludes some of the techniques used violate the UN Convention against Torture (see October 21, 1994). According to a declassified summary of the report later made public, the report finds that “it is difficult to determine conclusively whether interrogations have provided information critical to interdicting specific imminent attacks.” The threat of such an imminent attack was cited by the Justice Department in its numerous authorizations of torture. The report prompts CIA general counsel John Rizzo to request new statements from the Justice Department confirming the legality of CIA interrogation methods (see May 10, 2005 and May 30, 2005). [Washington Post, 5/9/2009]
The CIA’s inspector general, John Helgerson, releases a highly classified report from his office that examines allegations of torture from the time period between September 2001 (after the 9/11 attacks, when the CIA first began detaining suspected terrorists and informants) and October 2003. In the report, Helgerson warns that some aggressive interrogation techniques approved for use by the CIA since early 2002 (see Mid-March 2002) might violate some provisions of the international Convention Against Torture (see October 21, 1994). The report doubts the Bush administration position that the techniques do not violate the treaty because the interrogations take place overseas on non-US citizens. It will be released, in heavily redacted form, to the public in August 2009 (see August 24, 2009). From what becomes known of the report’s contents, the CIA engaged in a number of illegal and ethically questionable tactics on the part of its interrogators. Some of these tactics include the use of handguns, power drills, threats, smoke, and mock executions. Many of the techniques used against detainees were carried out without authorization from higher officials. The report says that the CIA’s efforts to provide “systematic, clear, and timely guidance” to interrogators were “inadequate at first” and that that failure largely coincided with the most significant incidents involving the unauthorized coercion of detainees, but as guidelines from the Justice Department accumulated over several years, oversight “improved considerably.” The report does not conclude that the techniques reviewed constitute torture, but it does find that they appear to constitute cruel, inhuman, and degrading treatment under the Convention. [Central Intelligence Agency, 5/7/2004 ; New York Times, 11/9/2005; MSNBC, 8/24/2009; Washington Post, 8/24/2009]
Physical Abuse - The report defines torture as an act “intended to inflict severe physical or mental pain and suffering.” It then begins detailing such acts. Incidents of physical abuse include:
One incident caused the death of an Afghani detainee. According to the report: “An agency independent contractor who was a paramilitary officer is alleged to have severely beaten the detainee with a large metal flashlight and kicked him during interrogation sessions. The detainee died in custody.” [Central Intelligence Agency, 5/7/2004 ; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] In a 2009 statement, Helgerson will write: “In one extreme case, improvisation took a disastrous turn when an agency contractor in rural Afghanistan—acting wholly outside the approved program and with no authorization or training—took it upon himself to interrogate a detainee. This officer beat the detainee and caused his death. Following an investigation of the incident, this contract employee was convicted of assault and is now in prison.” [Central Intelligence Agency, 5/7/2004 ; Washington Post, 8/24/2009]
Waterboarding was routinely used, in a manner far exceeding previously issued guidelines. Interrogators “continuously applied large volumes of water,” and later explained that they needed to make the experience “more poignant and convincing.” The CIA interrogators’ waterboarding technique was far more aggressive than anything used in military survival training such as the SERE program (see December 2001). Eventually, the agency’s Office of Medical Services criticized the waterboarding technique, saying that the “frequency and intensity” with which it was used could not be certified as “efficacious or medically safe.” [Central Intelligence Agency, 5/7/2004 ; New York Times, 8/24/2009; Washington Post, 8/24/2009] The report refers in particular to the treatment of 9/11 mastermind Khalid Shaikh Mohammed (KSM), who was reportedly waterboarded more than once (see Shortly After February 29 or March 1, 2003). Waterboarding is considered torture and is illegal in the US. The report also raises concern that the use of these techniques could eventually cause legal troubles for the CIA officers who used them. [New York Times, 11/9/2005]
Helgerson will write: “We found that waterboarding had been utilized in a manner that was inconsistent with the understanding between CIA and the Department of Justice. The department had provided the agency a written legal opinion based on an agency assurance that although some techniques would be used more than once, repetition would ‘not be substantial.’ My view was that, whatever methodology was used to count applications of the waterboard, the very large number of applications to which some detainees were subjected led to the inescapable conclusion that the agency was abusing this technique.” [Central Intelligence Agency, 5/7/2004 ; Washington Post, 8/24/2009]
In July 2002, a CIA officer used a “pressure point” technique “with both of his hands on the detainee’s neck, the officer manipulated his finger to restrict the detainee’s carotid artery.” The carotid artery supplies the brain with oxygenated blood; such “manipulat[ion]” could lead to unconsciousness or even death. A second officer “reportedly watched his eyes to the point that the detainee would nod and start to pass out. Then the officer shook the detainee to wake him. This process was repeated for a total of three applications on the detainee.”
A technique routinely used by CIA interrogators was the “hard takedown,” which involves an interrogator grabbing a detainee and slamming him to the floor before having the detainee moved to a sleep-deprivation cell. One detainee was hauled off his feet by his arms while they were bound behind his back with a belt, causing him severe pain.
Another routinely used technique is “water dousing,” apparently a variant of waterboarding, in which a detainee is laid on a plastic sheet and subjected to having water sluiced over him for 10 to 15 minutes. The report says that at least one interrogator believed the technique to be useful, and sent a cable back to CIA headquarters requesting guidelines. A return cable explained that a detainee “must be placed on a towel or sheet, may not be placed naked on the bare cement floor, and the air temperature must exceed 65 degrees if the detainee will not be dried immediately.”
- - Detainee Abd al-Rahim al-Nashiri, suspected of plotting the 2000 bombing of the USS Cole (see October 12, 2000), was repeatedly “bathed” with hard-bristled scrub brushes in order to inflict pain. The brushes caused abrasions and bleeding. [Central Intelligence Agency, 5/7/2004 ; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Helgerson will write: “Agency officers who were authorized to detain and interrogate terrorists sometimes failed in their responsibilities. In a few cases, agency officers used unauthorized, threatening interrogation techniques. The primary, common problem was that management controls and operational procedures were not in place to avoid the serious problems that arose, jeopardizing agency employees and detainees alike.” [Central Intelligence Agency, 5/7/2004 ; Washington Post, 8/24/2009]
Mental Abuse - Numerous instances of mental and emotional abuse were also documented.
In 2002, interrogators staged a mock execution to intimidate a detainee. CIA officers began screaming outside the room where the detainee was being interrogated. When leaving the room, he “passed a guard who was dressed as a hooded detainee, lying motionless on the ground, and made to appear as if he had been shot to death.” The report says that after witnessing this performance, the detainee “sang like a bird.”
Handguns and power drills were used to threaten detainees with severe bodily harm or death. One such instance involved al-Nashiri. An American, whose name is not released but who is identified as not being a trained interrogator and lacking authorization to use “enhanced methods,” used a gun and a power drill to frighten him. The American pointed the gun at al-Nashiri’s head and “racked” a round in the chamber. The American also held a power drill near al-Nashiri and revved it, while al-Nashiri stood naked and hooded. [Central Intelligence Agency, 5/7/2004 ; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
In 2009, reporter David Ignatius will say he finds the “image of a CIA interrogator standing with a power drill next to somebody he’s interrogating… particularly horrific, because that’s a technique that’s been used in torturing people in Iraq.” [PBS, 8/24/2009]
A CIA interrogator told al-Nashiri that if he did not cooperate with his captors, “we could get your mother in here” and “we can bring your family in here.” The report says that the interrogator wanted al-Nashiri to infer for “psychological” reasons that his female relatives might be sexually abused. The interrogator has denied actually threatening to sexually abuse al-Nashiri’s mother or other relatives.
An interrogator threatened the lives of one detainee’s children. According to the report, an “interrogator said to Khalid Shaikh Mohammed that if anything else happens in the United States, quote, ‘we’re going to kill your children.’” According to the report, the debriefer was trying to exploit a belief in the Middle East that interrogation techniques included sexually abusing female relatives in front of the detainees. It was during these same interrogation sessions that Mohammed was waterboarded 183 times in a single month (see April 16, 2009). [Central Intelligence Agency, 5/7/2004 ; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
Fear of Recriminations - According to the report, there was concern throughout the agency over the potential legal consequences for agency officers. Officers “expressed unsolicited concern about the possibility of recrimination or legal action” and said “they feared that the agency would not stand behind them,” according to the report. [Central Intelligence Agency, 5/7/2004 ; New York Times, 8/24/2009] According to the report, CIA personnel “are concerned that public revelation” of the program will “seriously damage” personal reputations as well as “the reputation and effectiveness of the agency itself.” One officer is quoted as saying he could imagine CIA agents ending up before the World Court on war crimes charges. “Ten years from now, we’re going to be sorry we’re doing this,” another officer said. But “it has to be done.” [Central Intelligence Agency, 5/7/2004 ; Washington Post, 8/24/2009] Helgerson will write: “This review of the agency’s early detention and interrogation activities was undertaken in part because of expressions of concern by agency employees that the actions in which they were involved, or of which they were aware, would be determined by judicial authorities in the US or abroad to be illegal. Many expressed to me personally their feelings that what the agency was doing was fundamentally inconsistent with long established US government policy and with American values, and was based on strained legal reasoning. We reported these concerns.” [Central Intelligence Agency, 5/7/2004 ; Washington Post, 8/24/2009]
Recommendations - The report lists 10 recommendations for changes in the treatment of detainees, but it will not be reported what these are. Eight of the recommendations are apparently later adopted. Former CIA assistant general counsel John Radsan will later comment, “The ambiguity in the law must cause nightmares for intelligence officers who are engaged in aggressive interrogations of al-Qaeda suspects and other terrorism suspects.” [New York Times, 11/9/2005]
Approval, Contradictory Statements by Attorney General - The report says that Attorney General John Ashcroft approved all of these actions: “According to the CIA general counsel, the attorney general acknowledged he is fully aware of the repetitive use of the waterboard and that CIA is well within the scope of the DOJ opinion that the authority given to CIA by that opinion. The attorney general was informed the waterboard had been used 119 times on a single individual.” In 2009, reporter Michael Isikoff will say that the contents of the report “conflict… with the public statements that have been made over the years by Bush administration officials and CIA directors.” In 2007, then-CIA Director Michael Hayden will tell the Council on Foreign Relations that the agency’s detention and interrogation program was “very carefully controlled and lawfully conducted—has been carefully controlled and lawfully conducted.” Isikoff will say, “It’s kind of hard to square that with… what was in the CIA inspector general report that had been presented five years ago in 2004.” [Central Intelligence Agency, 5/7/2004 ; MSNBC, 8/25/2009]
Questions of Effectiveness - The report does document that some interrogations obtained critical information to identify terrorists and stop potential plots, and finds that some imprisoned terrorists provided more information after being exposed to brutal treatment (see August 24, 2009). It finds that “there is no doubt” that the detention and interrogation program itself prevented further terrorist activity, provided information that led to the apprehension of other terrorists, warned authorities of future plots, and helped analysts complete an intelligence picture for senior policymakers and military leaders. But whether the harsh techniques were effective in this regard “is a more subjective process and not without some concern,” the report continues. It specifically addresses waterboarding as an illegal tactic that is not shown to have provided useful information. “This review identified concerns about the use of the waterboard, specifically whether the risks of its use were justified by the results, whether it has been unnecessarily used in some instances,” the report reads, and notes that in many instances, the frequency and volume of water poured over prisoners’ mouths and noses may have exceeded the Justice Department’s legal authorization. In the instance of detainee Abu Zubaida, the report finds, “It is not possible to say definitively that the waterboard is the reason for Abu [Zubaida]‘s increased production [of intelligence information], or if another factor, such as the length of detention, was the catalyst.” In 2009, Isikoff will note that the effectiveness of torture is not clarified by the report. “As you know, Vice President [Dick] Cheney and others who had defended this program have insisted time and again that valuable intelligence was gotten out of this program. You could read passages of this report and conclude that that is the case, that they did get—some passages say important intelligence was gotten. But then others are far more nuanced and measured, saying we don’t really know the full story, whether alternative techniques could have been used.” [Central Intelligence Agency, 5/7/2004 ; New York Times, 8/24/2009; MSNBC, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Cheney Blocked Report's Completion - Reporter Jane Mayer later learns that Cheney intervened to block Helgerson from completing his investigation. Mayer will write that as early as 2004, “the vice president’s office was fully aware that there were allegations of serious wrongdoing in the [interrogation] program.” Helgerson met repeatedly and privately with Cheney before, in Mayer’s words, the investigation was “stopped in its tracks.” She will call the meetings “highly unusual.” In October 2007, CIA Director Michael Hayden will order an investigation of Helgerson’s office, alleging that Helgerson was on “a crusade against those who have participated in controversial detention programs.” [Public Record, 3/6/2009]
Entity Tags: Office of Medical Services (CIA), International Criminal Court, Jane Mayer, John Helgerson, David Ignatius, John Radsan, John Ashcroft, Convention Against Torture, Abu Zubaida, Bush administration (43), US Department of Justice, Richard (“Dick”) Cheney, Central Intelligence Agency, Michael Hayden, Abd al-Rahim al-Nashiri, Khalid Shaikh Mohammed, Michael Isikoff
Timeline Tags: Torture of US Captives, Complete 911 Timeline
Vice President Dick Cheney is interviewed in his office by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Cheney is asked if he knows who, if anyone, in the White House might have leaked Plame Wilson’s identity to the press. He is asked about conversations with his senior aides, including his chief of staff, Lewis “Scooter” Libby. He is also asked whether he knows of any concerted effort by White House officials to leak Plame Wilson’s identity. Cheney is not questioned under oath, and has not been asked to testify before the grand jury. He is represented by two lawyers, Terrence O’Donnell and Emmet Flood. [Federal Bureau of Investigation, 5/8/2004 ; New York Times, 6/5/2004]
Cheney Evades, Refuses to Answer Questions - In October 2009, an FBI interview summary regarding Cheney’s testimony will be released (see October 1, 2009). According to the document, Cheney equivocates or refuses to answer 72 times during his interview, either saying he cannot be certain about the information requested, or that he does not know.
Denies Informing Libby about Plame Wilson's CIA Status - One of the most fundamental questions Cheney is asked is about how Libby learned about Plame Wilson’s identity. Libby’s own notes indicate that he learned it from Cheney, and that he had shared his notes with Cheney in late 2003 (see Late September or Early October, 2003), in defiance of instructions from the FBI and the White House counsel’s office not to share information with colleagues (see September 29-30, 2003). But in his testimony, Cheney “cannot recall Scooter Libby telling him how he first heard of Valerie Wilson. It is possible Libby may have learned about Valerie Wilson’s employment from the vice president… but the vice president has no specific recollection of such a conversation.” [Federal Bureau of Investigation, 5/8/2004 ; Associated Press, 11/2/2009] Cheney testifies that contrary to the evidence, he learned of Plame Wilson’s CIA status from Libby, who informed him that a number of reporters had contacted Libby in July 2003 to say that Plame Wilson had been responsible for arranging her husband’s trip to Niger to investigate the Niger uranium claims. Cheney says that the next time he heard about Plame Wilson and her connection to her husband was when he read Robert Novak’s article outing her as a CIA officer (see July 14, 2003). Cheney is lying; he informed Libby of Plame Wilson’s identity (see (June 12, 2003)).
Denies Knowledge of Wilson Trip to Niger - He also denies knowing that Plame Wilson’s husband, war critic and former ambassador Joseph Wilson, was sent to Niger to investigate claims that Iraq was attempting to buy uranium from that country (see (February 13, 2002) and February 21, 2002-March 4, 2002), and says the CIA never briefed him about Wilson’s trip (see March 5, 2002). Future testimony will challenge Cheney’s claims, as witnesses will testify that Cheney, Libby, Deputy National Security Adviser Stephen Hadley, the Defense Department, the State Department, the Defense Intelligence Agency, the Joint Chiefs of Staff, the National Security Council, and President Bush were all given copies of a CIA cable sent to Cheney’s office that debunked the Niger claims (see December 2001, Shortly after February 12, 2002, March 5, 2002, February 12, 2002, March 8, 2002, October 15, 2002, Mid-October 2002, October 18, 2002, January 2003, and March 8, 2003). [Federal Bureau of Investigation, 5/8/2004 ; Truthout (.org), 2/15/2006]
Refuses to Answer about WMD NIE - Prosecutor Patrick Fitzgerald, leading the interview, presses Cheney to discuss evidence that shows he pressured Bush to quickly declassify portions of the October 2002 National Intelligence Estimate on Iraqi WMD (see October 1, 2002) for the purpose of making the case for invading Iraq. Libby provided selected NIE information to New York Times reporter Judith Miller while simultaneously leaking Plame Wilson’s identity to her (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and other reporters. Cheney refuses to confirm that he discussed anything regarding the NIE with Bush, saying that he could not comment on any private or privileged conversations he may have had with the president. Libby has already testified to the declassification of the NIE, telling prosecutors that he talked to Miller following the “president’s approval relayed to me through the vice president.”
Insists Plame Wilson's Identity Never Used to Discredit Husband - Cheney insists that no one in the White House ever talked about leaking Plame Wilson’s CIA status to the press in an attempt to discredit her husband. There was never any discussion, Cheney says, of “pushing back” on Wilson’s credibility by raising the issue of nepotism, the fact that his wife worked for the CIA, the same agency that dispatched him to Niger to run down the report of an agreement to supply uranium to Iraq. In his own testimony, Libby was far less emphatic, saying “[i]t’s possible” he may have discussed the idea with Cheney. Both men lie in their testimony (see March 9, 2003 and After, May 2003, June 3, 2003, June 9, 2003, June 11 or 12, 2003, (June 11, 2003), 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), June 19 or 20, 2003, July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and 7:35 a.m. July 8, 2003). [Federal Bureau of Investigation, 5/8/2004 ; Associated Press, 11/2/2009] Cheney tells prosecutors that he and his office were merely interested in rebutting Wilson’s criticisms of the war effort, and wanted to dispel the notion among some reporters that he had selected Wilson for the Niger trip. In 2006, an attorney close to the case will say: “In his testimony the vice president said that his staff referred media calls about Wilson to the White House press office. He said that was the appropriate venue for responding to statements by Mr. Wilson that he believed were wrong.” [Federal Bureau of Investigation, 5/8/2004 ; Truthout (.org), 2/15/2006] In June 2009, the Department of Justice will reveal that Cheney and Bush had discussed the leak in a “confidential conversation” and “an apparent communication between the vice president and the president.” [Truthout (.org), 7/7/2009]
Entity Tags: Terrence O’Donnell, US Department of State, Valerie Plame Wilson, Stephen J. Hadley, US Department of Defense, Robert Novak, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Emmet Flood, Defense Intelligence Agency, Bush administration (43), Federal Bureau of Investigation, George W. Bush, Joint Chiefs of Staff, National Security Council, Judith Miller, Joseph C. Wilson, Richard (“Dick”) Cheney, US Department of Justice
Timeline Tags: Niger Uranium and Plame Outing
Author and former Nixon White House counsel John Dean reviews former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). Dean, who has long been a fierce critic of the Bush administration, uses the review to examine aspects of the controversy surrounding the White House’s disproven claim that Iraq attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and the outing of Wilson’s wife as a CIA agent through a White House leak (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, Before July 14, 2003, and July 14, 2003). Dean calls the book “riveting and all-engaging… provid[ing] context to yesterday’s headlines, and perhaps tomorrow’s, about the Iraq war and about our politics of personal destruction,” as well as detailed information about Wilson’s long diplomatic service in Africa and the Middle East, and what Dean calls “a behind-the-scenes blow-by-blow of the run-up to the 1991 Persian Gulf war.”
'Anti-Dumb-War' - Dean also admires Wilson’s opposition to the Iraq war, saying that “Wilson is not antiwar. Rather, he is ‘anti-dumb-war’” and noting that while Wilson is not himself particularly conservative (or liberal), he considers the neoconservatives who make up the driving force in President Bush’s war cabinet “right-wing nuts.”
'Vicious Hatchet Job' - Dean quickly moves into the White House-orchestrated attempt to besmirch Wilson’s credibility, calling it “the most vicious hatchet job inside the Beltway since my colleague in Richard Nixon’s White House, the dirty trickster Charles W. Colson, copped a plea for defaming Daniel Ellsberg and his lawyer (see June 1974).… It was an obvious effort to discredit Wilson’s [Niger] report, and, Wilson believes, a you-hurt-us-we-will-hurt-you warning to others.” While Wilson writes with passion and anger about the outing of his wife, he restrains himself from giving too many personal details about her, relying instead on material already revealed in press interviews and reports. Dean notes that Wilson believes his wife’s name was leaked to the press by any or all of the following White House officials: Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney; Karl Rove, Bush’s chief political strategist; and Elliott Abrams, a national security adviser and former Iran-Contra figure (see October 7, 1991). Though Dean is correct in noting that Wilson comes to his conclusions “based largely on hearsay from the Washington rumor mill,” he will be proven accurate in two out of three of his assertions (see July 8, 2003,
11:00 a.m. July 11, 2003, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Wilson continues to fight attacks from Bush supporters, but, Dean notes, if they actually read his book, “they should understand that they have picked a fight with the wrong fellow.” [New York Times, 5/12/2004]
General Peter Pace, vice chairman of the Joint Chiefs of Staff, admits that interrogation techniques used by US guards and interrogators in Baghdad’s Abu Ghraib prison violated the Geneva Conventions. Pace says he is not sure who approved those techniques. Pace, who a week before had blamed lower-ranking soldiers for carrying out the abuses (see May 5, 2004), contradicts Defense Secretary Donald Rumsfeld, who has insisted that the techniques used on prisoners at Abu Ghraib meet international standards for humane treatment. In a hearing conducted by the Senate Armed Services Committee, Jack Reed (D-RI) asks Pace what he would think if he saw a US Marine in enemy custody, bound, naked, and forced into a painful position with a hood over his head. Would it violate the Geneva standards? Reed asks. “I would describe it as a violation, sir,” Pace replies. Reed notes that just that sort of treatment had previously been authorized by Lieutenant General Ricardo Sanchez, commander of US ground forces in Iraq. Pace says he knows of no military guidelines that would allow prisoners to be put in so-called “stress positions,” denied sleep, threatened with dogs, or kept in isolation for weeks on end. Committee Democrats contend with the committee chairman, John Warner (R-VA), who initially attempts to stop discussion of the Abu Ghraib torture allegations and focus only on the issue of the Bush administration’s new request for $25 million in funding for the military actions in Iraq and Afghanistan. Warner eventually gives way to the Democrats after Ted Kennedy (D-MA) says: “I’ve been in the Senate 42 years, and I have never been denied the opportunity to question any person that’s come before a committee, on what I wanted to ask for it. And I resent it and reject it on a matter of national importance.” The New York Times notes, “Outrage over the prison abuse has been near-universal, but in recent days Republicans have been quicker than Democrats to try to change the subject or insist on limiting release of the new prison photos.” House Majority Leader Tom DeLay (R-TX) says that “[s]ome people are overreacting” to the prison photos and surrounding revelations of abuse. “The people who are against the war are using this to their political ends.” [New York Times, 5/13/2004]
Special counsel Patrick Fitzgerald informs Washington Post lawyer Eric Lieberman that he wants to interview Post reporters Walter Pincus and Glenn Kessler regarding the Plame Wilson identity leak. Additionally, he informs Newsday that he wants to interview reporters from that publication. Fitzgerald declines to specify what information he wants from the reporters. Both Pincus (see June 3, 2003, June 11, 2003, June 12, 2003, June 12, 2003, (July 11, 2003), and 1:26 p.m. July 12, 2003) and Kessler (see July 12, 2003) have some involvement in the White House’s attempt to discredit war critic Joseph Wilson, and in its outing of his wife, Valerie Plame Wilson, as a CIA official; so do Newsday reporters Knut Royce and Timothy Phelps (see February 2004). Some of the reporters will eventually cooperate, to a limited extent, with Fitzgerald’s investigation (see June 2004 and September 15, 2004). [Washington Post, 5/15/2004; Washington Post, 5/22/2004]
Entity Tags: Newsday, Eric Lieberman, Bush administration (43), Glenn Kessler, Knut Royce, Patrick J. Fitzgerald, Washington Post, Joseph C. Wilson, Timothy Phelps, Valerie Plame Wilson, Walter Pincus
Timeline Tags: Niger Uranium and Plame Outing
Radio host Glenn Beck, whose conservative talk show is aired by syndicated program provider Clear Channel, rails against Michael Berg, whose son Nick Berg was recently executed by militant Iraqis (see March 24-May 11, 2004). Beck, like his fellow radio conservatives Sean Hannity and Michael Savage, has aired the audio of Berg’s execution on his show in recent days. After his son’s death, Michael Berg criticized the Bush administration’s handling of the war in Iraq; for doing so, Beck calls him “despicable” and “a scumbag.” On his show, Beck directs a question at Berg: “Can you let your son’s body become the same temperature as your son’s head before you turn this into a political campaign against the president—could you do that?” Beck says he would say the same about Michael Berg if he were “a Republican and a supporter of the war and rah-rah George W. Bush and whatever.” He says he refuses to “fake” any sympathy for Berg because of Berg’s criticism of President Bush and the war effort. “I find this guy despicable,” he says. “Everything in me says that. The ‘want to be a better person today than I was yesterday’ says he’s a dad, he’s grieving, but I don’t buy that. I’m sorry, I don’t buy it. I think he is grieving, but I think he’s a scumbag as well. I don’t like this guy at all.” [Media Matters, 5/17/2004]
The General Accounting Office (GAO) finds that the Bush administration broke two federal laws as part of its publicity campaign to promote its new Medicare prescription drug policies. The Department of Health and Human Services (HHS) illegally spent federal monies on what amounts to covert propaganda in producing and distributing “video news releases,” or VNRs, to local television news broadcasters around the country that were designed to look like objective news reports (see March 15, 2004). The GAO findings do not carry legal weight, because the GAO acts as an adviser to Congress. The viewers in the more than 40 cities who saw the reports did not know they were watching government-produced videos anchored by public relations “flacks” paid by HHS who were not real reporters. The VNRs have only fueled criticism of the Medicare prescription drug coverage program, which gives private health care firms and prescription drug companies a much larger role in providing and setting prices for Medicare recipients’ prescriptions. Democrats have long insisted that the law cripples Medicare beneficiaries’ ability to receive low-cost prescriptions in favor of funneling Medicare dollars into the pharmaceutical companies’ coffers; with the GAO findings, Democrats now say that the government used illegal propaganda tactics to “sell” the citizenry on the new program. The administration has already admitted that the program will cost hundreds of billions of dollars more than originally claimed. Democratic presidential candidate John Kerry (D-MA) calls the videos “another example of how this White House has misrepresented its Medicare plan.” Kerry’s Senate colleague, Edward Kennedy (D-MA), says: “The new GAO opinion is yet another indictment of the deception and dishonesty that has become business as usual for the Bush administration. It was bad enough to conceal the cost of the Medicare drug bill from the Congress and the American people. It is worse to use Medicare funds for illegal propaganda to try to turn this lemon of a bill into lemonade for the Bush campaign.” The Bush administration continues to insist that the VNR program is legal. “GAO opinions are not binding on the executive branch. That’s an opinion of the GAO. We don’t agree,” says HHS spokesman Bill Pierce, who justifies the VNR usage by pointing to their ubiquitous usage in corporate settings. Asked if he understands that a viewer might be angry at being led to believe that the VNRs were real news stories, Pierce replies, “If I’m a viewer, I’d be angry at my television station.” [Washington Post, 5/20/2004; Los Angeles Times, 5/20/2004]
CBS graphic illustrating interview with General Anthony Zinni. [Source: CBS News]Retired Marine General Anthony Zinni was the chief of the US Central Command until 2000, and, until just before the invasion of Iraq, the Bush administration’s special envoy to the Middle East. Now he has become an outspoken critic of the administration’s war efforts in Iraq. Zinni gives an interview to CBS’s 60 Minutes, in part to promote his new biography, Battle Ready, co-authored by famed war novelist Tom Clancy.
'Dereliction of Duty' among Senior Pentagon Officials - Zinni says that senior officials at the Pentagon, from Defense Secretary Donald Rumsfeld on down, are guilty of what he calls dereliction of duty, and he believes it is time for “heads to roll.” Zinni tells correspondent Steve Kroft: “There has been poor strategic thinking in this. There has been poor operational planning and execution on the ground. And to think that we are going to ‘stay the course,’ the course is headed over Niagara Falls. I think it’s time to change course a little bit, or at least hold somebody responsible for putting you on this course. Because it’s been a failure.” In his book, Zinni writes: “In the lead up to the Iraq war and its later conduct, I saw at a minimum, true dereliction, negligence, and irresponsibility, at worse, lying, incompetence, and corruption.… I think there was dereliction in insufficient forces being put on the ground and fully understanding the military dimensions of the plan. I think there was dereliction in lack of planning.”
'The Wrong War at the Wrong Time' - Zinni calls Iraq “the wrong war at the wrong time,” and with the wrong strategy. Before the invasion, Zinni told Congress (see October 31, 2002): “This is, in my view, the worst time to take this on. And I don’t feel it needs to be done now.” The generals never wanted this war, Zinni says, but the civilians in the Pentagon and the White House did. “I can’t speak for all generals, certainly,” he says. “But I know we felt that this situation was contained (see Summer 2002-2003). Saddam was effectively contained.… And I think most of the generals felt, let’s deal with this one at a time. Let’s deal with this threat from terrorism, from al-Qaeda.”
Much Larger Force Required - Zinni was heavily involved in planning for any invasion of Iraq, going back to at least 1999 (see April-July 1999). Zinni always envisioned any such invasion as being implemented with enough ground forces to get the job done quickly and cleanly. Rumsfeld had different ideas—the invasion could be carried off with fewer troops and more high-tech weaponry. Zinni wanted around 300,000 troops: “We were much in line with General Shinseki’s view. We were talking about, you know, 300,000, in that neighborhood.” Would a larger force have made a difference? Kroft asks. Zinni replies, “I think it’s critical in the aftermath, if you’re gonna go to resolve a conflict through the use of force, and then to rebuild the country.” Rumsfeld should have anticipated the level and ferocity of violence that erupted in the aftermath of the toppling of the Hussein government, but, Zinni says, he did not, and worse, he ignored or belittled those such as Shinseki and a number of foreign allies who warned him of the possible consequences. Instead, Zinni notes, Rumsfeld relied on, among other sources, fabricated intelligence from Ahmed Chalabi and his Iraqi National Congress (see September 19-20, 2001).
'Seat of the Pants Operation' - The entire reconstruction effort was, in Zinni’s mind, a seat-of-the-pants affair. “As best I could see, I saw a pickup team, very small, insufficient in the Pentagon with no detailed plans that walked onto the battlefield after the major fighting stopped and tried to work it out in the huddle,” he says, “in effect to create a seat-of-the-pants operation on reconstructing a country.” Coalition Provisional Authority head L. Paul Bremer is “a great American who’s serving his country, I think, with all the kind of sacrifice and spirit you could expect. But he has made mistake after mistake after mistake.” Bremer’s mistakes include “Disbanding the army (see May 23, 2003). De-Baathifying (see May 16, 2003), down to a level where we removed people that were competent and didn’t have blood on their hands that you needed in the aftermath of reconstruction—alienating certain elements of that society.” Zinni reserves most of the blame for the Pentagon: “I blame the civilian leadership of the Pentagon directly.”
Heads Should Roll, Beginning with Rumsfeld's - Zinni continues: “But regardless of whose responsibility I think it is, somebody has screwed up. And at this level and at this stage, it should be evident to everybody that they’ve screwed up. And whose heads are rolling on this? That’s what bothers me most.” The first one to go, Zinni says, is Rumsfeld: “Well, it starts with at the top. If you’re the secretary of defense and you’re responsible for that.”
Neoconservatives at Fault - Next up are Rumsfeld’s advisers, whom Kroft identifies as the cadre of neoconservatives “who saw the invasion of Iraq as a way to stabilize American interests in the region and strengthen the position of Israel.” Zinni says: “Certainly those in your ranks that foisted this strategy on us that is flawed. Certainly they ought to be gone and replaced.” Kroft identifies that group as including Deputy Defense Secretary Paul Wolfowitz; Undersecretary of Defense Douglas Feith; former Defense Policy Board member Richard Perle; National Security Council member Elliott Abrams; and Vice President Cheney’s chief of staff, Lewis “Scooter” Libby. Zinni calls them political ideologues who have hijacked US policy in Iraq: “I think it’s the worst-kept secret in Washington. That everybody—everybody I talk to in Washington has known and fully knows what their agenda was and what they were trying to do.” Like so many others who criticized them, Zinni recalls, he was targeted for personal counterattacks. After publishing one article, he says: “I was called anti-Semitic. I mean, you know, unbelievable that that’s the kind of personal attacks that are run when you criticize a strategy and those who propose it.”
Fundamental Conceptual Flaws - Zinni says the neoconservatives believed they could remake the Middle East through the use of American military might, beginning with Iraq. Instead, the US is viewed in the region as “the modern crusaders, as the modern colonial power in this part of the world.”
Changing Course - Zinni has a number of recommendations. He advises President Bush and his senior officials to reach out much more strongly to the United Nations, and to US allies, and secure the UN’s backing. Do these other countries “want a say in political reconstruction? Do they want a piece of the pie economically? If that’s the cost, fine. What they’re gonna pay for up front is boots on the ground and involvement in sharing the burden.” Many more troops are needed on the ground, and not just American troops, he says, enough to seal off the borders, protect the road networks.
Exit Strategy - Zinni says that planning for an exit is necessary because it is inevitable that the US will want to withdraw, and that time will come sooner rather than later. “There is a limit,” he says. “I think it’s important to understand what the limit is. Now do I think we are there yet?”
Speaking Out - He is speaking out, he says, because it is his duty to do so: “It is part of your duty. Look, there is one statement that bothers me more than anything else. And that’s the idea that when the troops are in combat, everybody has to shut up. Imagine if we put troops in combat with a faulty rifle, and that rifle was malfunctioning, and troops were dying as a result. I can’t think anyone would allow that to happen, that would not speak up. Well, what’s the difference between a faulty plan and strategy that’s getting just as many troops killed?” [CBS News, 5/21/2004]
Entity Tags: Iraqi National Congress, Douglas Feith, Donald Rumsfeld, CBS News, Bush administration (43), Anthony Zinni, Eric Shinseki, Ahmed Chalabi, Al-Qaeda, US Department of the Army, Steve Kroft, Paul Wolfowitz, Richard (“Dick”) Cheney, Richard Perle, Elliott Abrams, Tom Clancy, US Department of Defense, Lewis (“Scooter”) Libby, US Central Command, Joint Chiefs of Staff, L. Paul Bremer
Timeline Tags: Iraq under US Occupation
The US Army Corps of Engineers relaxes water quality and stream protections for mountaintop removal mining without consulting the Environmental Protection Agency (EPA). According to internal agency “guidance” obtained by Inside EPA, the Corps has recommended its staff to approve proposed clean water projects that would allow sewers and constructed ditches—rather than newly created streams, wetlands or water habitat—to qualify as mitigation projects replacing streams buried by mining operations. [Inside EPA, 5/2004; Natural Resources Defense Council, 12/31/2005] Commenting on the policy, Natural Resources Defense Council attorney Daniel Rosenberg says, “As if letting coal companies get away with destructive mountaintop removal mining isn’t bad enough; the Bush administration says it’s a fair trade to replace buried pristine natural streams with sewers and ditches.” [Natural Resources Defense Council, 12/31/2005]
David Ottaway. [Source: AAAS.org]According to the Oregon branch of the Islamic charitable organization the Al-Haramain Islamic Foundation, Washington Post reporter David Ottaway receives a classified document that is evidence of illegal surveillance by the National Security Agency. The document shows that the NSA illegally intercepted telephone conversations and e-mails between Al Haramain officials in Oregon and Washington, DC. The document, dated May 24, 2004 and marked “Top Secret,” is accidentally provided to Al Haramain by Treasury Department officials that same month; Al Haramain quickly turns the document over to Ottoway, who is researching Islamic groups and individuals labeled as terrorists by the US government and are attempting to prove their innocence. Instead of reporting on the document, Ottaway will return it to the FBI when that organization demands it back in November 2004. In February 2006, Al Haramain will sue the Bush administration for illegally spying on it (see February 28, 2006) as part of its warrantless wiretapping program (see After September 11, 2001 and December 15, 2005). The Treasury Department has been investigating the charitable organization for possible ties to terrorism, and designated the group as a terrorist organization. The FBI will approach the organization and then Ottaway himself, demanding that all copies of the document be returned and threatening them with prosecution if the contents are revealed. Ottaway will consult with Post editors and lawyers, who will conclude, according to Ottaway, “that it was not relevant to what I was working on at the time.” Post executive editor Leonard Downie, Jr., will defend the decision, saying, “At the time we had this document, it was before we had any knowledge of the eavesdropping program. Without that knowledge, the document provided no useful information. At the time, all we knew was that this document was not relevant to David’s reporting.” [Washington Post, 3/3/2006]
An Iranian man appears in Turkey with a laptop computer and the phone number of a German intelligence officer. He calls the number, and 24 hours later, CIA analysts are poring over thousands of documents containing information and sketches. The CIA concludes that Iran is trying to retrofit its longest-range missile, the Shahab III, to carry a nuclear payload. The retrofit project is designated Project 1-11, the documents say, and analysts believe that the laptop information confirms their belief that Iran has a viable and active nuclear weapons program. Though the information on the laptop is from 2003 and earlier, it leads to the issuance of a National Intelligence Estimate (see August 2, 2005) that declares “with high confidence” Iran is working on a nuclear bomb, and will give ammunition to the Bush administration’s attempts to pressure Russia, China, and the US’s European allies to sanction Iran if it does not give up its uranium enrichment program. [Washington Post, 12/8/2007]
Origin of Laptop - The laptop was stolen by the Iranian citizen from an Iranian engineer, who some intelligence sources say may now be dead. The laptop contains designs by a firm called Kimeya Madon for a small facility to produce uranium gas, a substance that could be enriched for fuel or nuclear weapons. The laptop also contains drawings relating to the retrofitting of the Shahab III. The laptop’s information, so extensive that some say it may have been designed by an entire team of engineers, will be given unsubstantiated confirmation from an imprisoned Pakistani arms dealer, who will say that Iran took delivery of several advanced centrifuges that would greatly increase its nuclear knowledge. Although the documents are not verified, US intelligence considers them authentic.
Possible Forgeries - However, analysts admit it is possible that the documents are forgeries, perhaps from internal opponents of the Iranian government, or perhaps from the government itself in an attempt to convince Western intelligence agencies that its nuclear weapons program is still in an embryonic stage. The US denies that the documents were provided through the auspices of any Iranian dissident groups such as the Mujahedeen-e Khalq. [New York Times, 11/13/2005; Washington Post, 2/8/2006] The identity of the Iranian “walk-in” may be revealed four years later (see February 2007). By November 2004, administration officials begin to admit that they cannot confirm the reliability of the laptop’s documents (see November 2004 and November 17-18, 2004).
Former Defense Intelligence Agency analyst Patrick Lang writes that, in his opinion, a “small group of people who think they are the ‘bearers’ of a uniquely correct view of the world… sought to dominate the foreign policy of the United States in the Bush 43 administration, and succeeded in doing so through a practice of excluding all who disagreed with them. Those they could not drive from government they bullied and undermined until they, too, had drunk from the vat.” (Lang correlates the phrase “drunk from the vat” with the common metaphor of “drinking the Kool-Aid,” a particularly nasty turn of phrase sourced from the 1978 Jonestown massacre in Guyana. The phrase now means, Lang explains, “that the person in question has given up personal integrity and has succumbed to the prevailing group-think that typifies policymaking today.”) The result is the war in Iraq, Lang argues, with steadily rising body counts and no clear end in sight.
'Walking Dead' Waiting for Retirement - Lang notes that senior military officers have said that the war’s senior strategist, General Tommy Franks, “had drunk the Kool-Aid,” and many intelligence officers have told Lang that “they too drank the Kool-Aid and as a result consider themselves to be among the ‘walking dead,’ waiting only for retirement and praying for an early release that will allow them to go away and try to forget their dishonor and the damage they have done to the intelligence services and therefore to the republic.” Lang writes that the US intelligence community has been deeply corrupted, bent on serving “specific group goals, ends, and beliefs held to the point of religious faith” and no longer fulfilling its core mission of “describing reality. The policy staffs and politicals in the government have the task of creating a new reality, more to their taste.… Without objective facts, decisions are based on subjective drivel. Wars result from such drivel. We are in the midst of one at present.”
Shutting out Regional Experts - There is little place in Bush administration policy discussions for real experts on the Middle East, Lang writes: “The Pentagon civilian bureaucracy of the Bush administration, dominated by an inner circle of think-tankers, lawyers, and former Senate staffers, virtually hung out a sign, ‘Arabic Speakers Need Not Apply.’ They effectively purged the process of Americans who might have inadvertently developed sympathies for the people of the region. Instead of including such veterans in the planning process, the Bush team opted for amateurs brought in from outside the executive branch who tended to share the views of many of President Bush’s earliest foreign policy advisors and mentors. Because of this hiring bias, the American people got a Middle East planning process dominated by ‘insider’ discourse among longtime colleagues and old friends who ate, drank, talked, worked, and planned only with each other. Most of these people already shared attitudes and concepts of how the Middle East should be handled. Their continued association only reinforced their common beliefs.” The Bush administration does not countenance dissent or open exchange and discussion of opposing beliefs. The Bush policymakers behave, Lang writes, as if they have seized power in a ‘silent coup,’ treating outsiders as political enemies and refusing to hear anything except discussion of their own narrow, mutually shared beliefs.
Using INC Information - Beginning in January 2001, the Bush administration began relying heavily on dubious intelligence provided by Ahmed Chalabi and his Iraqi National Congress (INC—see January 30, 2001). The INC began receiving State Department funds in what some White House officials called the “Information Collection Program.” While the US intelligence community had little use for Chalabi, considering him an unreliable fabricator (see 1992-1996), he had close ties with many in the administration, particularly in the office of the vice president and in the senior civilian leadership of the Pentagon (see 1960s, 1985, and 1990-1991). Lang writes that while the INC excelled in providing Iraqi defectors with lurid, usually false tales, “what the program really did was to provide a steady stream of raw information useful in challenging the collective wisdom of the intelligence community where the ‘War with Iraq’ enthusiasts disagreed with the intelligence agencies.” The office of the vice president created what Lang calls “its own intelligence office, buried in the recesses of the Pentagon, to ‘stovepipe’ raw data to the White House, to make the case for war on the basis of the testimony of self-interested emigres and exiles” (see August 2002). From working as the DIA’s senior officer for the Middle East during the 1991 Gulf War and after, Lang knows from personal experience that many neoconservative White House officials believe, as does Vice President Cheney, that it was a mistake for the US to have refrained from occupying Baghdad and toppling Saddam Hussein in 1991 (see August 1992). Lang calls some of these officials “deeply embittered” and ready to rectify what they perceive as a grave error. [Middle East Policy Council, 6/2004]
Pleasant Mann, a 16-year FEMA veteran who heads the agency’s government employee union, writes a letter to Congress describing how FEMA has changed under the Bush administration. “Over the past three-and-one-half years, FEMA has gone from being a model agency to being one where funds are being misspent, employee morale has fallen, and our nation’s emergency management capability is being eroded,” he writes. “Our professional staff [members] are being systematically replaced by politically connected novices and contractors.”
[Independent Weekly, 9/22/2004]
Critics in the Senate argue that the Bush administration created an atmosphere of legal permissiveness that led to the abusive treatment of detainees. Senator Edward Kennedy says he believes that the April 2003 Pentagon memo laid the foundations for abuse. “We know when we have these kinds of orders what happens,” he says, “we get the stress test, we get the use of dogs, we get the forced nakedness that we’ve all seen and we get the hooding.”
[Guardian, 6/9/2004] Senator Patrick Leahy, the Democrat member of the Senate subcommittee on foreign operations, says, the “cruel and degrading treatment” in Afghanistan “were part of a wider pattern stemming from a White House attitude that ‘anything goes’ in the war against terrorism, even if it crosses the line of illegality.”
The Bush administration, pressured by increasingly harsh condemnations from the presidential campaign of Democrat John Kerry, grudgingly agrees to consider opening bilateral talks with North Korea over that country’s restarted nuclear program. Previously, the US had been one of six nations involved in such negotiations, which have gone nowhere in large part due to US intransigence (see August 2003). The Bush administration has also insisted on the importance of Chinese involvement in the talks, which serves to raise China’s profile in the region and lower the US’s. Bush officials offer North Korea a deal in which that nation would provide an accounting of all its nuclear facilities; in return the US would broker a resumption of fuel oil shipments to the North by South Korea, Japan, China, and Russia, and would consider drafting security assurances (see December 12, 2003) and lifting economic sanctions. Instead of accepting, North Korea chooses to wait and see if Kerry can oust President Bush from the White House. [Scoblic, 2008, pp. 242]
Greg Thielmann, a former director of the Strategic, Proliferation, and Military Affairs Office at the State Department’s intelligence bureau, compares the aluminum tubes allegations (see Between April 2001 and September 2002 and September 8, 2002) to the Iraq-Niger uranium allegations (see Between Late 2000 and September 11, 2001 and 9:01 pm January 28, 2003), and finds the aluminum tubes allegations an “even more egregrious case of policymakers’ contamination of the intelligence process than the” Iraq-Niger uranium allegations, in the words of former Defense Intelligence Agency official Patrick Lang. Lang goes on to quote Thielmann as saying: “What was done with the aluminum tubes was far worse than what was done with the uranium from Africa. Because the intelligence community had debated over a period of months, and involved key scientists and engineers in the national laboratories—and foreigners as well—in a long and detailed discussion. The way I would have characterized it, if you had asked me in July 2002, when I turned over the leadership of my office, there was a growing consensus in the intelligence community that this kind of aluminum was not suitable for the nuclear weapons program. So I was really quite shocked to see—I was just retired—the National Intelligence Estimate say that the majority of agencies came to the opposite interpretation, that it was going into the nuclear weapons program.” Anyone in the White House or the National Security Council should have, in Lang’s words, “seen through the subterfuge and drawn the proper conclusion.” Again, Lang quotes Thielmann: “If they had read the NIE [National Intelligence Estimate—see October 1, 2002] in October, it is transparent that there were different views in the intelligence community. They could have read, for example, that the Department of Energy and the State Department INR [intelligence bureau] believed that the aluminum tubes were not going into the nuclear weapons program and instead were going into conventional artillery rockets. And, if one assumes a modicum of intelligence understanding at the [National Security Council], they should know that the agency that is most able to judge on this would be the Department of Energy. They control all the laboratories that actually over the years have enriched uranium and built centrifuges.” [Middle East Policy Council, 6/2004]
Lawyers for NBC News reporter and Meet the Press anchor Tim Russert argue that Russert should not have to testify before the Fitzgerald grand jury investigating the Plame Wilson identity leak (see May 21, 2004 and May 13-20, 2004). Since the spring of 2004, his lawyers have realized that Russert’s testimony could be used to indict White House official Lewis Libby for perjury, as Libby has apparently lied about a conversation he and Russert had in the summer of 2003 (see July 10 or 11, 2003, March 5, 2004, and March 24, 2004). Russert knows that special prosecutor Patrick Fitzgerald already knows of the Russert/Libby conversation (see November 24, 2003), and Libby has already signed a waiver permitting Russert to name him in testimony (see January 2-5, 2004). But Russert and his lawyers argue that he should not have to testify because it might harm his relationship with other sources. According to court papers released in 2006, it “appears that Mr. Russert’s testimony is sought solely because the special prosecutor believes that his recollection of a telephone conversation with an executive branch official is inconsistent with that official’s statements.” [Washington Post, 1/10/2006] On July 21, 2004, the court will deny Russert’s motion. [MSNBC, 2/12/2007]
Philip Zelikow, the executive director of the 9/11 Commission, finally accepts the fact that he cannot successfully spin or browbeat the commission staff into reporting links between Iraq and al-Qaeda as factual (see July 12, 2004). His most recent efforts to rewrite a report claiming such links was thwarted by angry commission staffers (see January 2004), and for months he has dodged charges that he is a White House “plant,” there to ensure the commission makes the kind of conclusions that Bush officials want it to make. Now, he finally admits that there is no evidence to support the claim of a connection between Iraq and al-Qaeda, although there was some minor contact. Author Philip Shenon will later write: “The intelligence showed that when bin Laden wanted to do business with Iraq, Iraq did not want to do business with al-Qaeda…. Saddam Hussein saw [Osama] bin Laden… as a threat to his own very brutal and very secular rule in Iraq.” The widely reported story about 9/11 hijacker Mohamed Atta meeting an Iraqi spy in Prague (see April 8, 2001 and September 14, 2001) has been examined and re-examined, and found to be unsupported (see December 2001). Zelikow is forced to admit the reality of the situation. Shenon will write: “Even if he wanted to, there was little Zelikow could do to rescue the administration now…. If Zelikow tried to tamper with the report now, he knew he risked a public insurrection by the staff, with only a month before the commission’s final report was due.” Bush officials are horrified at the prospect of the commission reporting flatly that there are no verifiable links of any kind between al-Qaeda and Iraq. Since the failure of the US to find WMDs in Iraq, the Bush administration has shifted its rationale for invading that nation—now it was a punitive measure against one of the backers of the 9/11 attacks, and senior Bush officials, most notably Vice President Cheney, have been advocating that point for over a year. [Shenon, 2008, pp. 381-385]
Entity Tags: Philip Shenon, 9/11 Commission, Al-Qaeda, Bush administration (43), John Kerry, Osama bin Laden, Saddam Hussein, Richard (“Dick”) Cheney, Philip Zelikow
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline
Citing personal reasons, CIA Director George Tenet announces he will be stepping down in the next month. President Bush praises Tenet’s service, but there is widespread agreement that significant intelligence failures occurred during his tenure, most strikingly 9/11 itself. Sources also suggest that Tenet, originally a Clinton appointee, has been made a convenient scapegoat for Bush administration intelligence failures in Iraq and elsewhere. [CNN, 6/4/2004; Independent, 6/4/2004] Tenet and the Bush administration are expecting harsh criticism from several reports expected to find serious failures in intelligence gathering and analysis related to the 9/11 attacks. Most damaging is an upcoming Senate Intelligence Committee report expected to single out the CIA for errors in its judgments before the Iraq war (see June-November 2004). Committee chairman Pat Roberts (R-KS) has warned the administration that the report will be so harsh that questions will be raised as to whether senior CIA officials should be held accountable. Tenet will be replaced by Deputy Director John McLaughlin until a replacement is named, and will eventually be replaced by Porter Goss (see September 24, 2004). A friend of Tenet’s, former Deputy Director Richard Kerr, says that Tenet “may have believed that he was hurting the president. He’s an honorable person, and he may have had that as a consideration.” Former Democratic senator David Boren, a close friend and mentor of Tenet’s, says Tenet is not leaving because of criticisms likely to be leveled at either him or the agency: “If criticism either actual or anticipated was a factor, he would have left a long time ago. It’s been months of his desiring to leave.” Bush has asked Tenet to remain in the job several times over the past few months. When Tenet told Bush of his intentions to leave on June 2, Bush asked him to stay through the end of the year. Tenet replied that summer is a natural break point and a good time for him to depart. All the camaraderie and mutual praise between the two men aside, many believe that Tenet is departing in part because he is seen as a possible political liability for Bush. Senator Richard Shelby (R-AL) says, “I don’t think there are any tears over there” in the White House over Tenet’s departure. Former Senator Bob Graham (D-FL) believes that Tenet was in some way pushed to leave. “This president has been enamored of George Tenet, and has been reluctant to hold him or anyone else accountable, and that failure was becoming a bigger and bigger liability,” he says. According to Graham, Bush announces Tenet’s resignation for his own political well-being, “under circumstances where he is at the crime scene as short as possible.” Apparently, senior White House officials such as Vice President Dick Cheney and Secretary of State Colin Powell learn of Tenet’s resignation just a few moments before it is announced to the press. Two Congressmen who knew last night of the resignation were Goss (R-FL) and John Warner (R-VA), the chairmen of the House Intelligence and Senate Armed Services Committees, respectively. [New York Times, 6/4/2004]
Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Richard Shelby, Pat Roberts, Richard Kerr, Porter J. Goss, John E. McLaughlin, George W. Bush, John W. Warner, Bush administration (43), Central Intelligence Agency, Daniel Robert (“Bob”) Graham, David Boren, Colin Powell, George J. Tenet
Timeline Tags: Complete 911 Timeline, Iraq under US Occupation
A budget document from the National Oceanic and Atmospheric Administration (NOAA)‘s Office of Oceanic and Atmospheric Research reveals that the Bush administration’s proposed budget for fiscal year 2005 would reduce climate change research budget by $9.2 million, eliminating the federal government’s $2 million abrupt climate change research program and cutting its paleoclimatology laboratory in half. It would also terminate $1.3 million in funding for postdoctoral programs and end research programs on the health and human aspects of climate change. [ESA Policy News Update, 6/14/2004; Natural Resource Defense Council, 12/31/2005]
The Washington Post reveals the existence of a secret August 2002 memo from the Justice Department. This memo advised the White House that torturing al-Qaeda terrorists in captivity “may be justified,” and that international laws against torture “may be unconstitutional if applied to interrogations” conducted in the US war on terrorism (see August 1, 2002). The legal reasoning was later used in a March 2003 report by Pentagon lawyers assessing interrogation rules governing the military detention center at Guantanamo Bay (see March 6, 2003). Bush officials say that despite the memo, it has abided by the Geneva Conventions and other international treaties proscribing torture (see February 7, 2002). The incidents at Abu Ghraib, where numerous Iraqi prisoners were tortured, maimed, and sometimes murdered, were not policy, officials say. Human rights organizations and civil libertarians are appalled at the memo. “It is by leaps and bounds the worst thing I’ve seen since this whole Abu Ghraib scandal broke,” says Tom Malinowski of Human Rights Watch. “It appears that what they were contemplating was the commission of war crimes and looking for ways to avoid legal accountability. The effect is to throw out years of military doctrine and standards on interrogations.” A senior Pentagon official says that the Judge Advocate Generals (JAGs) were quick to challenge the Justice Department opinion when it was promoted by the Pentagon. “Every flag JAG lodged complaints,” the official says. A senior military attorney says of the memo: “It’s really unprecedented. For almost 30 years we’ve taught the Geneva Convention one way. Once you start telling people it’s okay to break the law, there’s no telling where they might stop.” [Washington Post, 6/8/2004] Attorney General John Ashcroft tells the Senate Judiciary Committee that he will not discuss the contents of the August 2002 memo, nor turn it over to the committee. “I believe it is essential to the operation of the executive branch that the president has the opportunity to get information from the attorney general that is confidential,” he says. [Washington Post, 6/8/2004]
A reporter asks President Bush in reference to allegations that White House officials leaked the identity of CIA official Valerie Plame Wilson, “[D]o you stand by your pledge to fire anyone found to have done so” (see September 29, 2003)? Bush responds: “Yes. And that’s up to the US Attorney to find the facts.” [White House, 6/10/2004] Bush will later modify his position to say that he would fire anyone convicted of a criminal offense (see July 18, 2005), and will refuse to fire White House political strategist Karl Rove (see July 13, 2005) after he admits to being one of the leakers (see July 10, 2005).
White House senior counsel Alberto Gonzales is questioned by the grand jury investigating the Valerie Plame Wilson identity leak. [New York Times, 2006] White House press secretary Scott McClellan refuses to discuss what Gonzales may have told the grand jury, saying only, “The judge was pleased to do his part to cooperate” with the investigation. [Washington Post, 6/19/2004] A year later, Gonzales will tell Fox News interviewer Brit Hume that he “had no information regarding Ms. Plame [Wilson] and her role at the CIA.… I believe I first learned about it, Brit, at the same time that most Americans did, and that’s when the stories began running about her role.” Hume will ask, “So, basically, you read about it in the paper?” and Gonzales will reply, “That’s correct.” [Fox News, 7/24/2005] In 2006, the media will learn that Gonzales withheld crucial White House e-mails from the investigation (see February 15, 2006).
Several 9/11 Commission members, including chairman Thomas Kean and vice-chairman Lee Hamilton, are alarmed at Vice President Dick Cheney’s response to the commission’s claim that no link exists between Iraq and al-Qaeda (see June 17, 2004). They have no desire to go toe-to-toe with an enraged White House over the question. Hamilton privately asks Doug MacEachin, the principal author of that portion of the report, to go back and sift the evidence again to ensure that he missed nothing that might bear out the White House’s arguments. Publicly, Kean and Hamilton are much more resolute. If Cheney has information that he has not shared with the commission, as Cheney has implied, he needs to turn it over promptly. “I would like to see the evidence that Mr. Cheney is talking about,” Hamilton says. [Shenon, 2008, pp. 381-385] No more evidence is found, and the commission ultimately sticks by their conclusions.
To demonstrate that President Bush has never authorized torture against prisoners, the White House declassifies and releases a large number of internal documents, including the February 7, 2002 memo (see February 7, 2002) signed by Bush, and documents, inter alia from Gen. James T. Hill, showing that the US military interrogators were seeking more aggressive interrogation techniques. The disclosures are made, according to Alberto R. Gonzales, because the government “felt that it was harmful to this country, in terms of the notion that perhaps we may be engaging in torture.”
[Washington Post, 6/23/2004]
Attempting to stem the flow of bad publicity and world-wide criticism surrounding the revelations of torture at Abu Ghraib prison in Baghdad and similar reports from Guantanamo Bay, Attorney General Alberto Gonzales and Pentagon general counsel William J. Haynes, accompanied by Pentagon lawyer Daniel Dell’Orto, give a lengthy press conference to discuss the US’s position on interrogation and torture. Gonzales and Haynes provide reporters with a thick folder of documents, being made public for the first time. Those documents include the so-called “Haynes Memo” (see November 27, 2002), and the list of 18 interrogation techniques approved for use against detainees (see December 2, 2002 and April 16, 2003). Gonzales and Haynes make carefully prepared points: the war against terrorism, and al-Qaeda in particular, is a different kind of war, they say. Terrorism targets civilians and is not limited to battlefield engagements, nor do terrorists observe the restrictions of the Geneva Conventions or any other international rules. The administration has always acted judiciously in its attempt to counter terrorism, even as it moved from a strictly law-enforcement paradigm to one that marshaled “all elements of national power.” Their arguments are as follows:
Always Within the Law - First, the Bush administration has always acted within reason, care, and deliberation, and has always followed the law. In February 2002, President Bush had determined that none of the detainees at Guantanamo should be covered under the Geneva Conventions (see February 7, 2002). That presidential order is included in the document packet. According to Gonzales and Haynes, that order merely reflected a clear-eyed reading of the actual provision of the conventions, and does not circumvent the law. Another document is the so-called “torture memo” written by the Justice Department’s Office of Legal Counsel (see August 1, 2002). Although such legal opinions carry great weight, and though the administration used the “torture memo” for months to guide actions by military and CIA interrogators, Gonzales says that the memo has nothing to do with the actions at Guantanamo. The memo was intended to do little more than explore “the limits of the legal landscape.” Gonzales says that the memo included “irrelevant and unnecessary” material, and was never given to Bush or distributed to soldiers in the field. The memo did not, Gonzales asserts, “reflect the policies that the administration ultimately adopted.” Unfortunately for their story, the facts are quite different. According to several people involved in the Geneva decision, it was never about following the letter of the law, but was designed to give legal cover to a prior decision to use harsh, coercive interrogation. Author and law professor Phillippe Sands will write, “it deliberately created a legal black hole into which the detainees were meant to fall.” Sands interviewed former Defense Department official Douglas Feith about the Geneva issue, and Feith proudly acknowledged that the entire point of the legal machinations was to strip away detainees’ rights under Geneva (see Early 2006).
Harsh Techniques Suggested from Below - Gonzales and Haynes move to the question of where, exactly, the new interrogation techniques came from. Their answer: the former military commander at Guantanamo, Michael E. Dunlavey. Haynes later describes Dunlavey to the Senate Judiciary Committee as “an aggressive major general.” None of the ideas originated in Washington, and anything signed off or approved by White House or Pentagon officials were merely responses to requests from the field. Those requests were prompted by a recalcitrant detainee at Guantanamo, Mohamed al-Khatani (see August 8, 2002-January 15, 2003), who had proven resistant to normal interrogation techniques. As the anniversary of the 9/11 attacks approached, and fears of a second attack mounted, Dell’Orto says that Guantanamo field commanders decided “that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” Thusly, a request was processed from Guantanamo through military channels, through Haynes, and ultimately to Defense Secretary Donald Rumsfeld, who approved 15 of the 18 requested techniques to be used against al-Khatani and, later, against other terror suspects (see September 25, 2002 and December 2, 2002). According to Gonzales, Haynes, and Dell’Orto, Haynes and Rumsfeld were just processing a request from military officers. Again, the evidence contradicts their story. The torture memo came as a result of intense pressure from the offices of Rumsfeld and Vice President Cheney. It was never some theoretical document or some exercise in hypothesizing, but, Sands will write, “played a crucial role in giving those at the top the confidence to put pressure on those at the bottom. And the practices employed at Guantanamo led to abuses at Abu Ghraib.” Gonzales and Haynes were, with Cheney chief of staff David Addington and Justice Department lawyers John Yoo and Jay Bybee (the authors of the torture memo), “a torture team of lawyers, freeing the administration from the constraints of all international rules prohibiting abuse,” in Sands’s words. Dunlavey was Rumsfeld’s personal choice to head the interrogations at Guantanamo; he liked the fact that Dunlavey was a “tyrant,” in the words of a former Judge Advocate General official, and had no problem with the decision to ignore the Geneva Conventions. Rumsfeld had Dunlavey ignore the chain of command and report directly to him, though Dunlavey reported most often to Feith. Additionally, the Yoo/Bybee torture memo was in response to the CIA’s desire to aggressively interrogate another terror suspect not held at Guantanamo, Abu Zubaida (see March 28, 2002). Sands will write, “Gonzales would later contend that this policy memo did ‘not reflect the policies the administration ultimately adopted,’ but in fact it gave carte blanche to all the interrogation techniques later recommended by Haynes and approved by Rumsfeld.” He also cites another Justice Department memo, requested by the CIA and never made public, that spells out the specific techniques in detail. No one at Guantanamo ever saw either of the memos. Sands concludes, “The lawyers in Washington were playing a double game. They wanted maximum pressure applied during interrogations, but didn’t want to be seen as the ones applying it—they wanted distance and deniability. They also wanted legal cover for themselves. A key question is whether Haynes and Rumsfeld had knowledge of the content of these memos before they approved the new interrogation techniques for al-Khatani. If they did, then the administration’s official narrative—that the pressure for new techniques, and the legal support for them, originated on the ground at Guantanamo, from the ‘aggressive major general’ and his staff lawyer—becomes difficult to sustain. More crucially, that knowledge is a link in the causal chain that connects the keyboards of Feith and Yoo to the interrogations of Guantanamo.”
Legal Justifications Also From Below - The legal justification for the new interrogation techniques also originated at Guantanamo, the three assert, and not by anyone in the White House and certainly not by anyone in the Justice Department. The document stack includes a legal analysis by the staff judge advocate at Guantanamo, Lieutenant Colonel Diane Beaver (see October 11, 2002), which gives legal justifications for all the interrogation techniques. The responsibility lies ultimately with Beaver, the three imply, and not with anyone higher up the chain. Again, the story is severely flawed. Beaver will give extensive interviews to Sands, and paint a very different picture (see Fall 2006). One Naval Criminal Investigative Service (NCIS) psychologist, Mike Gelles (see December 17-18, 2002), will dispute Gonzales’s contention that the techniques trickled up the chain from lower-level officials at Guantanamo such as Beaver. “That’s not accurate,” he will say. “This was not done by a bunch of people down in Gitmo—no way.” That view is supported by a visit to Guantanamo by several top-ranking administration lawyers, in which Guantanamo personnel are given the “green light” to conduct harsh interrogations of detainees (see September 25, 2002).
No Connection between Guantanamo, Abu Ghraib - Finally, the decisions regarding interrogations at Guantanamo have never had any impact on the interrogations at Abu Ghraib. Gonzales wants to “set the record straight” on that question. The administration has never authorized nor countenanced torture of any kind. The abuses at Abu Ghraib were unauthorized and had nothing to do with administration policies. Much evidence exists to counter this assertion (see December 17-18, 2002). In August 2003, the head of the Guantanamo facility, Major General Geoffrey Miller, visited Abu Ghraib in Baghdad, accompanied by, among others, Diane Beaver (see August 31, 2003-September 9, 2003). They were shocked at the near-lawlessness of the facility, and Miller recommended to Lieutenant General Ricardo Sanchez, the supreme US commander in Iraq, that many of the same techniques used at Guantanamo be used in Abu Ghraib. Sanchez soon authorized the use of those techniques (see September 14-17, 2003). The serious abuses reported at Abu Ghraib began a month later. Gelles worried, with justification, that the techniques approved for use against al-Khatani would spread to other US detention facilities. Gelles’s “migration theory” was controversial and dangerous, because if found to be accurate, it would tend to implicate those who authorized the Guantanamo interrogation techniques in the abuses at Abu Ghraib and elsewhere. “Torture memo” author John Yoo called the theory “an exercise in hyperbole and partisan smear.” But Gelles’s theory is supported, not only by the Abu Ghraib abuses, but by an August 2006 Pentagon report that will find that techniques from Guantanamo did indeed migrate into Abu Ghraib, and a report from an investigation by former defense secretary James Schlesinger (see August 24, 2004) that will find “augmented techniques for Guantanamo migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [White House, 7/22/2004; Vanity Fair, 5/2008]
Entity Tags: US Department of Justice, Phillippe Sands, Ricardo S. Sanchez, Office of Legal Counsel (DOJ), Taliban, US Department of Defense, William J. Haynes, Naval Criminal Investigative Service, Richard (“Dick”) Cheney, Michael Gelles, Bush administration (43), Daniel J. Dell’Orto, Mohamed al-Khatani, Diane E. Beaver, Donald Rumsfeld, Alberto R. Gonzales, Al-Qaeda, Abu Zubaida, Geneva Conventions, Michael E. Dunlavey, John C. Yoo, Federal Bureau of Investigation, Jay S. Bybee, George W. Bush, Geoffrey D. Miller, James R. Schlesinger, Douglas Feith
Timeline Tags: Torture of US Captives, Civil Liberties
The Bush administration shifts FEMA funds away from pre-disaster preparation and implements policies to promote outsourcing of relief efforts to private companies. FEMA staff members warn that these policies will slow response times in emergency situations [Independent Weekly, 9/22/2004]
The Supreme Court rules in the case of Cheney v. US District Court for the District of Columbia (03-0475), in which two organizations, Judicial Watch and the Sierra Club, are attempting to force the White House to reveal information about the secret deliberations of Vice President Cheney’s energy task force (see April 27, 2004). Neither side gets what it asks for in the 7-2 ruling, as the Court sends the case back to the US Court of Appeals for further adjudication, with an order for that court to take a second look at its ruling that Cheney must allow a judge to review the task force documents (see August 2, 2002). Five justices—Stephen Breyer, Anthony Kennedy, Sandra Day O’Connor, Chief Justice William Rehnquist, and John Paul Stevens—vote to send the case back to the appeals court. Two justices, Ruth Bader Ginsburg and David Souter, vote to send the case all the way back to the original trial court, concurring with the majority. The Court’s two most conservative justices, Antonin Scalia and Clarence Thomas, vote to resolve the matter entirely in Cheney’s favor. Judge Anthony Kennedy, writing for the majority, instructs the appeals court—and all other courts who might subsequently hear such a case—to use a legal standard far more aligned with the executive branch’s claim of immunity from disclosure. Courts must afford “presidential confidentiality the greatest protection consistent with the fair administration of justice,” Kennedy writes, to protect the executive branch from being sued. Former Nixon White House counsel John Dean will later write that the Court may have avoided making a firm ruling because it did not want to wrangle with the issue of separation of powers, and the privilege of executive branch secrecy, in an election year. While most media and court observers call the decision a “punt” of little import, at least one, former Justice Department official Shannen Coffin, sees it differently. In a column for the National Review, Coffin celebrates the ruling, writing that due to “the vice president’s resolute assertion that he and the president should have the right to receive in confidence the advice necessary to the performance of their duties,” the White House has won a “major victory” in expanding its power to keep its procedures secret, regardless of the appeals court’s eventual ruling (see May 10, 2005). [National Review, 6/25/2004; FindLaw, 7/2/2004; Savage, 2007, pp. 167-168] The appeals court will agree with Thomas and Scalia, and rule in Cheney’s favor (see May 10, 2005).
Entity Tags: Sandra Day O’Connor, Sierra Club, William Rehnquist, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, John Paul Stevens, National Energy Policy Development Group, Richard (“Dick”) Cheney, Anthony Kennedy, Clarence Thomas, Bush administration (43), John Dean, Judicial Watch, Antonin Scalia, David Souter
Timeline Tags: US Environmental Record, Civil Liberties
After a 16-month review by the US State Department and the Federal Bureau of Investigation, the Bush administration says it has found no basis to charge any of the 3,800 Mujahedeen-e Khalq (MEK) fighters held in custody by the US at Camp Ashraf with violations of American law. The decision is made in spite of the group’s long history of collusion with Saddam Hussein. MEK fought alongside Iraqi forces against Iran during the 1980s (see December 2003) and helped Saddam’s internal security forces brutally put down the 1991 Shia uprisings (see 1991). The organization was also responsible for a number of American deaths during the 1970s (see 1970s) and has been listed on the State Department’s list of “foreign terrorist organizations” since 1997 (see 1997). “A member of a terrorist organization is not necessarily a terrorist,” a senior American official explains. “To take action against somebody, you have to demonstrate that they have done something.” [New York Times, 7/27/2004; Christian Science Monitor, 7/29/2004]
The White House sends a classified memo to the CIA. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) and the Washington Post will later learn that it approves “harsh tactics” by CIA interrogators in questioning suspected terrorists. The memo was requested by CIA Director George Tenet, who asked for legal cover for the torture and harsh interrogation methods employed by CIA interrogators in the aftermath of the Abu Ghraib scandal. Tenet had already asked for, and received, a similar legal authorization a year earlier (see June 1, 2003). [Washington Post, 10/15/2008; American Civil Liberties Union [PDF], 1/28/2009 ]
Navy General Counsel Alberto J. Mora writes a secret, but unclassified, memo to Vice Admiral Albert Church, who led a Pentagon investigation into abuses at the US detention facility at Guantanamo Bay. Mora writes the memo in an attempt to stop what he sees as a disastrous and unlawful policy of authorizing cruel and inhuman treatment of terror suspects. The memo details in chronological fashion Mora’s earlier attempts to speak out against the Bush administration’s decision to circumvent the Geneva Conventions (see January 9, 2002 and January 11, 2002).
Specific Problems - Mora, a veteran of the Reagan and George H. W. Bush administrations and a strong supporter of the “war on terror,” argues that a refusal to outlaw cruelty toward US-held terrorist suspects is an implicit invitation to abuse. Mora also writes that the Bush administration’s legal arguments that justify an expansion of executive power in everything from interrogations to warrantless wiretapping are “unlawful,” “dangerous,” and “erroneous” legal theories. Not only are they wrong in granting President Bush the right to authorize torture, he warns that they may leave US personnel open to criminal prosecution. While the administration has argued that it holds to humane, legal standards in interrogation practices (see January 12, 2006), Mora’s memo shows that from the outset of the administration’s “war on terror,” the White House, the Justice Department, and the Defense Department intentionally skirted and at times ignored domestic and international laws surrounding interrogation and detention of prisoners.
Cruelty and Torture - Mora will later recall the mood in the Pentagon: “The mentality was that we lost three thousand Americans [on 9/11], and we could lose a lot more unless something was done. It was believed that some of the Guantanamo detainees had knowledge of other 9/11-like operations that were under way, or would be executed in the future. The gloves had to come off. The US had to get tougher.” But, Mora will say, the authorization of cruel treatment of detainees is as pernicious as any defined torture techniques that have been used. “To my mind, there’s no moral or practical distinction,” he says. “If cruelty is no longer declared unlawful, but instead is applied as a matter of policy, it alters the fundamental relationship of man to government. It destroys the whole notion of individual rights. The Constitution recognizes that man has an inherent right, not bestowed by the state or laws, to personal dignity, including the right to be free of cruelty. It applies to all human beings, not just in America—even those designated as ‘unlawful enemy combatants.’ If you make this exception, the whole Constitution crumbles. It’s a transformative issue.… The debate here isn’t only how to protect the country. It’s how to protect our values.” [Mora, 7/7/2004 ; New Yorker, 2/27/2006]
Pat Roberts during a July 9, 2004 interview on PBS. [Source: PBS]The Senate Intelligence Committee releases the 511-page Senate Report on Iraqi WMD intelligence, formally titled the “Report of the Select Committee on Intelligence on the US Intelligence Community’s Prewar Intelligence Assessments on Iraq.” [US Congress, 7/7/2004; CNN, 7/9/2004] All nine Republicans and eight Democrats signed off on the report without dissent, which, as reporter Murray Waas will write, is “a rarity for any such report in Washington, especially during an election year.” [National Journal, 10/27/2005]
Report Redacted by White House - About 20 percent of the report was redacted by the White House before its release, over the objections of both Republicans and Democrats on the committee. Some of the redactions include caveats and warnings about the reliability of key CIA informants, one code-named “Red River” and another code-named “Curveball” (see Mid- and Late 2001). The source called “Red River” failed polygraph tests given to him by CIA officers to assess his reliability, but portions of the report detailing these and other caveats were redacted at the behest of Bush administration officials. [New York Times, 7/12/2004; New York Times, 7/18/2004]
Widespread Failures of US Intelligence - The report identifies multiple, widespread failures by the US intelligence community in its gathering and analysis of intelligence about Iraq WMD, which led to gross misunderstandings and misrepresentations about Iraq’s WMD programs to the American public by government officials. Committee chairman Pat Roberts (R-KS), who has previously attempted to shift blame for the intelligence misrepresentations away from the Bush administration and onto the CIA (see July 11, 2003 and After), says that intelligence used to support the invasion of Iraq was based on assessments that were “unreasonable and largely unsupported by the available intelligence.” He continues: “Before the war, the US intelligence community told the president as well as the Congress and the public that Saddam Hussein had stockpiles of chemical and biological weapons and if left unchecked would probably have a nuclear weapon during this decade. Today we know these assessments were wrong.” Senator John D. Rockefeller (D-WV), the ranking Democrat on the 18-member panel that created the report, says “bad information” was used to bolster the case for war. “We in Congress would not have authorized that war with 75 votes if we knew what we know now,” he says (see October 10, 2002). “Leading up to September 11, our government didn’t connect the dots. In Iraq, we are even more culpable because the dots themselves never existed.” Numerous assertions in an October 2002 National Intelligence Estimate (NIE—see October 1, 2002) were “overstated” or “not supported by the raw intelligence reporting,” including:
Claims that Iraq was rebuilding its nuclear weapons program;
Claims that Iraq had large stockpiles of chemical and biological weapons;
Claims that Iraq was developing an unmanned aerial vehicle that could be used to deliver chemical and/or biological weapons payloads onto distant targets;
The so-called “layering effect,” where “assessments were based on previous judgments, without considering the uncertainties of those judgments” (Roberts calls it an “assumption train”);
The failure to explain adequately the uncertainties in the October 2002 NIE to White House officials and Congressional lawmakers;
Reliance on claims by “Curveball,” noting that the use of those claims “demonstrated serious lapses in handling such an important source”;
Use of “overstated, misleading, or incorrect” information in helping then-Secretary of State Colin Powell present the administration’s case to the United Nations in February 2003 (see February 5, 2003); and
The failure of the CIA to share significant intelligence with other agencies. [CNN, 7/9/2004; Cybercast News Service, 7/9/2004; New York Times, 7/9/2004]
“One fact is now clear,” Roberts says. “Before the war, the US intelligence community told the president as well as the Congress and the public that Saddam Hussein had stockpiles of chemical and biological weapons, and if left unchecked, would probably have a nuclear weapon during this decade. Well, today we know these assessments were wrong.” [Cybercast News Service, 7/9/2004; New York Times, 7/9/2004] Rockefeller says the intelligence community failed to “accurately or adequately explain the uncertainties behind the judgments in the October 2002 National Intelligence Estimate to policymakers.” The community’s “intelligence failures” will haunt America’s national security “for generations to come,” he says. “Our credibility is diminished. Our standing in the world has never been lower,” he says. “We have fostered a deep hatred of Americans in the Muslim world, and that will grow. As a direct consequence, our nation is more vulnerable today than ever before.” [CNN, 7/9/2004; New York Times, 7/9/2004]
'Group Think' and 'Corporate Culture' - Roberts says the report finds that the “flawed” information used to send the nation to war was the result of “what we call a collective group think, which led analysts and collectors and managers to presume that Iraq had active and growing WMD programs.” He says this “group think caused the community to interpret ambiguous evidence, such as the procurement of dual-use technology, as conclusive evidence of the existence of WMD programs.” Roberts blames “group think” and a “broken corporate culture and poor management,” which “cannot be solved by simply adding funding and also personnel.” [CNN, 7/9/2004; New York Times, 7/9/2004]
Lack of Human Intelligence in Iraq - Perhaps the most troubling finding, Roberts says, is the intelligence community’s near-total lack of human intelligence in Iraq. “Most alarmingly, after 1998 and the exit of the UN inspectors, the CIA had no human intelligence sources inside Iraq who were collecting against the WMD target,” he says. [CNN, 7/9/2004; New York Times, 7/9/2004]
No Connection between Iraq, al-Qaeda - Rockefeller says that the administration’s claims of an alliance between Iraq’s Saddam Hussein and al-Qaeda had no basis in fact: “[N]o evidence existed of Iraq’s complicity or assistance in al-Qaeda’s terrorist attacks, including 9/11.” The report says that intelligence claims of connections between Iraq and some terrorist activities were accurate, though the contacts between al-Qaeda and Iraq from the 1990s “did not add up to an established formal relationship.” [CNN, 7/9/2004; New York Times, 7/9/2004]
Divided Opinion on Pressure from Bush Administration - Republicans and Democrats on the committee differ as to whether they believe the CIA and other intelligence agencies groomed or distorted their findings as a result of political pressure from the White House. “The committee found no evidence that the intelligence community’s mischaracterization or exaggeration of intelligence on Iraq’s weapons of mass destruction capabilities was the result of politics or pressure,” Roberts says. However, Rockefeller notes that the report fails to explain fully the pressures on the intelligence community “when the most senior officials in the Bush administration had already forcefully and repeatedly stated their conclusions publicly. It was clear to all of us in this room who were watching that—and to many others—that they had made up their mind that they were going to go to war.” The analysts were subjected to a “cascade of ominous statements,” Rockefeller says, that may have pushed them to slant their analyses in the direction the White House indicated it wanted. The report finds that Vice President Dick Cheney and others who repeatedly visited intelligence agencies (see 2002-Early 2003) pressured intelligence analysts or officials to present particular findings or change their views. However, the report notes repeated instances of analysts exaggerating what they knew, and leaving out, glossing over, or omitting dissenting views. According to the report, the intelligence community released a misleading public version of the October 2002 NIE (see October 4, 2002) that eliminated caveats and dissenting opinions, thus misrepresenting “their judgments to the public which did not have access to the classified National Intelligence Estimate containing the more carefully worded assessments.” [CNN, 7/9/2004; New York Times, 7/9/2004; Cybercast News Service, 7/9/2004] In an interview the evening after the report’s release, Rockefeller is asked if the report documents “a failure of a system or is this a failure of a bunch of individuals who just did their jobs poorly?” Rockefeller responds: “This is a failure of a system.… It is not fair to simply dump all of this on the Central Intelligence Agency. The Central Intelligence Agency does not make the decision, and [former Director] George Tenet does not make the decision to go to war. That decision is made at the other end of Pennsylvania Avenue.… So we went to war under false pretenses, and I think that is a very serious subject for Americans to think about for our future.” Asked “if the president had known then what he knows now, he would have still taken us to war?” Rockefeller answers: “I can’t answer that question. I just ask—the question I ask is, why isn’t he, and maybe he is, why isn’t he as angry about his decision, so to speak his vote on this, as I am about mine?” [PBS, 7/9/2004]
Supporting the Claim of Iraq's Attempt to Purchase Nigerien Uranium - The report states flatly that senior CIA case officer Valerie Plame Wilson made the decision to send her husband, former ambassador Joseph Wilson, to Niger to investigate false claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). The CIA has demonstrated that Plame Wilson did not make that decision (see February 19, 2002). However, as well as claiming that Plame Wilson sent Wilson to Niger, it claims that Wilson’s report, far from disproving the assertion of an attempt by Iraq to purchase uranium, actually bolstered that assertion. The report states that the question of Iraq’s attempt to buy Nigerien uranium remains “open.” It also says Wilson lied to the Washington Post in June 2004 by claiming that the documents used to support the claim were forgeries (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). “Committee staff asked how the former ambassador could have come to the conclusion that the ‘dates were wrong and the names were wrong’ when he had never seen the CIA reports and had no knowledge of what names and dates were in the reports,” the report states. Wilson told committee members he may have been confused and may have “misspoken” to some reporters (see May 2, 2004). The committee did not examine the documents themselves. [Washington Post, 7/10/2009] The committee made similar claims a year before (see June 11, 2003 and July 11, 2003 and After). Progressive reporter and columnist Joshua Micah Marshall disputes the report’s claim that Wilson’s trip to Niger actually helped prove the assertion that Iraq tried to buy Nigerien uranium. The intelligence reports making the assertion are “fruits of the same poison tree” that produced so many other false and misleading claims, Marshall writes, and were based on the assumption that the forged documents were genuine. [Joshua Micah Marshall, 7/10/2004] In 2007, Plame Wilson will write, “What was missing from the [committee] report was just as telling as the distortions it contained. The ‘Additional Views’ section… had concluded” that she was responsible for sending Wilson to Niger. Yet that was contradicted by a senior CIA official over a year before. Plame Wilson will call the “Additional Views” section “a political smear if there ever was one,” crammed with “distortions and outright lies. Yet it continues to be cited today by Joe’s critics as proof of his lack of credibility.” The Wilsons learn months later that committee Democrats decided not to fight against the attacks on Wilson’s integrity; according to one of the senior Democratic senators on the panel, there was simply too much “incoming” from the Republicans for them to fight every issue. There were “far too many serious substantial disputes” that needed solving, and the Democrats chose to allow the attacks on Wilson to proceed without comment. [Wilson, 2007, pp. 187-190]
Portion of the Report Delayed - Roberts and other Republican majority committee members were successful in blocking Democrats’ attempts to complete the second portion of the report, which delineates the Bush administration’s use of the intelligence findings. That report will not be released until after the November 2004 presidential election. Rockefeller says he feels “genuine frustration… that virtually everything that has to do with the administration” has been “relegated to phase two” and will be discussed at another time. The second part of the committee’s investigation will focus on the “interaction or the pressure or the shaping of intelligence” by the Bush administration, Rockefeller says. “It was clear to all of us that the Bush administration had made up its mind to go to war,” he says, and he believes that such a “predetermination” influenced the intelligence community. Representative Jane Harman (D-CA), the ranking member of the House Intelligence Committee, says she hopes a similar House investigation would address some of those issues. However, she notes, she has been stymied by House Republicans in even launching that investigation. “There has not been the cooperation that there apparently has been on the Senate side,” she says. She has just now managed to wangle a meeting with House Intelligence Committee chairman Porter Goss (R-FL), who is being touted as the next director of the CIA (see September 24, 2004). Harman says, “I would hope we could address [the issues] factually and on a bipartisan basis, but at the moment I don’t have a lot of confidence in it.” [CNN, 7/9/2004; Cybercast News Service, 7/9/2004] Roberts’s spokeswoman Sarah Little later says that the committee has not yet decided whether the second portion of the report will be fully classified, declassified, or even if it will hold hearings. [National Journal, 10/27/2005]
Cheney, Roberts Colluded in Interfering with Report - Over a year later, the media will find that Roberts allowed Cheney and members of his staff to interfere with the committee’s investigation and dramatically limit its scope (see October 27, 2005). Rockefeller will say that he made three separate requests for White House documents during the committee’s investigation, but never received the documents he asked for. “The fact is,” Rockefeller will say, “that throughout the Iraq investigation any line of questioning that brought us too close to the White House was thwarted.” Rockefeller’s spokesperson, Wendy Morigi, will say that Rockefeller will “sadly come to the conclusion that the Intelligence Committee is not capable of doing the job of investigating the fundamental question as to whether the administration has misused intelligence to go to war.” [National Journal, 10/30/2005] Plame Wilson will write: “In the coming months, many reliable sources told us that before the report was issued, there was considerable collusion between the vice president’s office and… Roberts on how to craft the report and its content. So much for checks and balances and the separation of powers.” [Wilson, 2007, pp. 192]
Entity Tags: Joshua Micah Marshall, Pat Roberts, Murray Waas, Richard (“Dick”) Cheney, Valerie Plame Wilson, Porter J. Goss, Joseph C. Wilson, Senate Intelligence Committee, John D. Rockefeller, Central Intelligence Agency, House Intelligence Committee, ’Curveball’, Jane Harman, Bush administration (43), Al-Qaeda, Colin Powell, Wendy Morigi, Sarah Little, George J. Tenet
Timeline Tags: Events Leading to Iraq Invasion
Senator Charles Schumer (D-NY) claims that Saudi leaders and members of the Saudi royal family continue to fund Islamic militant schools and groups in the US. He calls on the Bush administration to cut US ties with Saudi Arabia, and says, “There’s been much too close a relationship between Saudi royal family, the White House, and big oil. We have to be much tougher with the Saudis.” [Associated Press, 7/11/2004]
Agriculture Secretary Ann Venemana announces the proposal of a new federal rule that would overturn the Roadless Rule introduced by Clinton in January 2001. The Roadless Rule banned the construction of roads in 58.5 million acres, or nearly one-third, of the nation’s forests. The administration claims that the motivation behind the new rule is to give states a say in the management of their lands. Under the new rule, state governors would presumably help decide whether areas in their own states should be opened to commercial activity like logging or oil and gas drilling. But for the first 18 months the rule is in effect, the US Forest Service would have the final authority on all decisions. After that, local Forest Service plans, which typically would allow road building and logging on the areas currently designated as roadless, would be reinstated. Governors opposed to any of these plans would have to petition the Agriculture Department in a complicated, two-step process. [San Francisco Chronicle, 7/13/2004; San Francisco Chronicle, 7/13/2004; Washington Post, 7/13/2004; Juneau Empire State News, 7/13/2004; Salt Lake Tribune, 7/14/2004]
Russell Train, a former EPA administrator who served under presidents Richard Nixon and Gerald Ford, says during a news conference, organized by Environment2004, that he intends to vote for Democrat John Kerry because he believes the Bush administration’s record on the environment has been “appalling.” “It’s almost as if the motto of the administration in power today in Washington is not environmental protection, but polluter protection,” says Train, who is a Republican. “I find this deeply disturbing.” [Associated Press, 7/20/2004]
The Wall Street Journal publishes an op-ed declaring that since the Senate Intelligence Committee has “exposed” former ambassor Joseph Wilson’s “falsehoods” about his trip to Niger to explore the allegations that Iraq tried to purchase uranium from Niger (see July 9, 2004), it is time for Special Prosecutor Patrick Fitzgerald to “close up shop” and stop his investigation into who outed Wilson’s wife, CIA agent Valerie Plame Wilson. The Journal declares that if “an administration official cited nepotism truthfully in order to explain the oddity of Mr. Wilson’s selection for the Niger mission, then there was no underlying crime” in outing Plame Wilson. “[T]he entire leak probe now looks like a familiar Beltway case of criminalizing political differences. Special Prosecutor Patrick Fitzgerald should fold up his tent.” The Journal also repeats the baseless conclusion of the Republican authors of the committee report that stated Wilson’s findings in Niger actually provided “some confirmation” of the Iraq-Niger deal. [Wall Street Journal, 7/20/2004] In 2007, Plame Wilson will write that she is in her CIA office when she reads the op-ed. She recalls realizing that the entire thrust of the attempt to smear her husband is “to derail the leak investigation, which was sniffing dangerously close to the White House. Now I understood the ferocity of the attacks on Joe.” [Wilson, 2007, pp. 192]
The 9/11 Commission’s final report.
[Source: 9/11 Commission]The 9/11 Commission completes its work and releases its final report. They blame incompetence for the reason why the US government did not prevent the attack. The Washington Post summarizes the report, “The US government was utterly unprepared on Sept. 11, 2001, to protect the American people from al-Qaeda terrorists.” [Washington Post, 7/23/2004] The report itself states, “We believe the 9/11 attacks revealed four kinds of failures: in imagination, policy, capabilities, and management.” [9/11 Commission, 7/24/2004] The Washington Post reports, “Though openly dreaded for months by many Republicans and quietly feared by the White House, the report was much gentler on the Bush administration than they feared. Rather than focus criticism on the Bush administration, the commission spread the blame broadly and evenly across two administrations, the FBI, and Congress.” [Washington Post, 7/23/2004] More to the point, as former counterterrorism “tsar” Richard Clarke notes in a New York Times editorial, “Honorable Commission, Toothless Report,” because the commission wanted a unanimous report from a bipartisan group, “it softened the edges and left it to the public to draw many conclusions.” [New York Times, 7/25/2004] The Washington Post comments, “In many respects, the panel’s work has been closer to the fact-finding, conspiracy-debunking Warren Commission of the mid-1960s, which investigated the assassination of President John F. Kennedy, than to the reform-oriented Church Commission, which exposed assassination plots and CIA abuses during the mid-1970s.” [Washington Post, 7/18/2004]
Entity Tags: John F. Kennedy, Richard A. Clarke, Federal Bureau of Investigation, Al-Qaeda, Bush administration (43), Church Commission, 9/11 Commission, US Congress, Warren Commission
Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections
White House political strategist Karl Rove denies leaking CIA official Valerie Plame Wilson’s name to the press. Rove is lying (see July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003), though his words are carefully chosen to be technically accurate. At the Republican convention nominating George W. Bush as the party’s presidential candidate, Rove tells a CNN reporter: “I didn’t know her name and didn’t leak her name. This is at the Justice Department. I’m confident that the US Attorney, the prosecutor who’s involved in looking at this is going to do a very thorough job of doing a very substantial and conclusive investigation.” Rove is correct in saying he did not tell reporters Plame Wilson’s name, but he identified her as the wife of former ambassador Joseph Wilson, making it easy for reporters to find her name for themselves. [CNN, 7/5/2005; Raw Story, 7/7/2005]
The American Civil Liberties Union warns that InfraGard, the private organization that cooperates with the FBI in law enforcement and other areas (see 1996-2008), is a potential threat to constitutional freedoms. “There is evidence that InfraGard may be closer to a corporate TIPS program [TIPS is a program proposed by the Bush administration to encourage Americans to spy on one another], turning private-sector corporations—some of which may be in a position to observe the activities of millions of individual customers—into surrogate eyes and ears for the FBI,” the ACLU says in its report, “The Surveillance-Industrial Complex: How the American Government Is Conscripting Businesses and Individuals in the Construction of a Surveillance Society.” [Progressive, 2/7/2008]
Joseph Cirincione. [Source: Carnegie Endowment for International Peace]The nonpartisan Carnegie Endowment for International Peace (CEIP) releases a comprehensive study called WMD in Iraq: Evidence and Implications, written by Joseph Cirincione, the director of CEIP’s Nonproliferation Project; Jessica Tuchman Mathews, president of CEIP; and George Perkovich, vice president for global security and economic development studies at CEIP. The study takes a critical look at the arguments used by the Bush administration to support the claim Iraq had WMDs. Former Nixon White House counsel John Dean writes: “All of their key assertions are examined in detail and found to be wanting. Established evidence is lined up in charts beside the assertions of Bush-Cheney, making the administration’s dishonesty obvious.” The study finds that the administration “systematically misrepresented the threat from Iraq’s WMD and ballistic missile program”; conflated bits of evidence of pre-1991 weapons programs into arguments that Iraq had viable and growing WMD programs; distorted intelligence findings by “routinely dropping caveats, probabilities, and expressions of uncertainty”; and “misrepresent[ed UN] inspectors’ findings in ways that turned threats from minor to dire.” Despite the study’s precision, it is all but ignored by the mainstream media. [Dean, 2004, pp. 139-140; Cirincione et al., 8/2004]
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