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Profile: David Boren
David Boren was a participant or observer in the following events:
Stephen Jones. [Source: Associated Press]Attorney Stephen Jones is named by the court as the lead defender of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). He agrees to work for a taxpayer-funded rate of $125 an hour, considerably less than his usual fee. Jones, who primarily represents large oil and insurance firms, is a Republican activist who failed to unseat Senator David Boren (D-OK) in 1990 and has represented a number of unpopular clients. He is joined by another prominent defense attorney, Robert Nigh Jr., a lawyer recommended to the case by Jones before he himself was chosen to represent McVeigh. Jones discussed the request from Judge David L. Russell with, among others, Governor Frank Keating (R-OK); Jones has done legal work for Keating in the past, and wished to ensure that his representation of McVeigh would not damage Keating’s reputation. Jones eventually accepted Russell’s request; when he accepted, Russell quipped, “I hope I haven’t signed your death warrant.” Jones replied, “That makes two of us.” To the media, Jones says: “My role is as old as the Constitution. Whether I perform professionally will be determined by how I conduct myself and whether my client is satisfied.… I did not seek or request the appointment or even encourage it in any way. I have been drafted. However, I will do my duty.… I will seek, for my part, to avoid the circus atmosphere that has prevailed in certain other well-known jurisdictional proceedings, which have included the self-promotion and self-aggrandizement of some individuals. I am a small-town county-seat lawyer.… I want to set a contrast to the O. J. Simpson [a former athlete and Hollywood celebrity recently acquitted of murdering his wife and another man in a sensational court proceeding] trial, which represents much of what is wrong with the legal process,” he says, referring to what he sees as “a lot of self-aggrandizement by all the parties: the witnesses, the jury, the judge, the lawyers.” He concludes with a warning to the press: “There is a well-recognized tension between the need for a free press and a fair trial, so I hope the ladies and gentlemen of the press will understand that I will defend this case in the courts of law.” Jones is working with McVeigh’s current lawyers, John Coyle and Susan Otto, who are preparing to leave the case (see April 24, 1995 and April 27, 1995). (When the media announces Jones’s naming to the case, one of Coyle’s staffers shouts: “You watch. He will make it all about himself.”) Jones is preparing McVeigh for a grand jury, which is being seated to hear evidence against him. McVeigh turned down the offered services of two lawyers (see May 3, 1995), but is willing to accept Jones’s services. [New York Times, 5/8/1995; New York Times, 6/15/1995; Stickney, 1996, pp. 231; Serrano, 1998, pp. 248-249; Douglas O. Linder, 2006; TruTV, 2/2009] “There’s no doubt in my mind that Stephen Jones views this to be a horrible crime,” Tony Graham, a former federal prosecutor who has often opposed Jones in court, will comment. “That he can go ahead and represent a person accused of that is the mark of a very professional lawyer.” Enid lawyer and former mayor Norman L. Grey will say: “With Stephen, you know you have a battle on your hands. I don’t think there’s a better legal mind in the area of criminal proceedings, state or federal.” [New York Times, 6/15/1995]
Conspiracy Theories, 'Necessity' Defense - Later, Jones will recall watching news footage of the bombing at his law office in Enid, Oklahoma, and remember his old elementary school being firebombed. “I recognized it as a bombing right away,” he will say. “And the minute I heard about the day care, I thought, ‘That’s it.’ Because I remembered the babies at Waco (see April 19, 1993 and April 19, 1993 and After). And later that night I heard about old man Snell [executed white supremacist Richard Wayne Snell—see 9:00 p.m. April 19, 1995] and I thought, ‘Yes, that’s relevant too.’” Author Richard A. Serrano will later write, “Even on that first evening, Jones was thinking conspiracy theories.” [Serrano, 1998, pp. 249] Though Jones is not forthcoming about the defense strategy he and McVeigh intend to deploy, legal observers speculate that they will base their defense on attempts to discredit government witnesses that the prosecution will use to build their case against McVeigh. Court observers say McVeigh is working actively with Jones on their defense. In the following days, Jones will begin interviewing people in Kansas, Oklahoma, and elsewhere, trying to undermine the credibility of the witnesses the prosecution is expected to bring into court. Jones is also expected to try to prove that the prosecutors’ evidence against McVeigh is largely circumstantial and therefore open to reasonable doubt. Observers doubt that Jones will try to use an insanity defense, because McVeigh is clearly competent to stand trial. They also doubt that Jones will try to allege that McVeigh was motivated by political opposition to the government, since innocent people, including children, were killed in the blast. No one feels that the prosecution will offer McVeigh any sort of plea deal. [New York Times, 5/11/1995] Researchers later learn that McVeigh wants Jones to present what some call a “necessity defense”—admitting to the bombing and justifying it by detailing what he considers the “crimes” of the federal government that his bombing was designed to prevent. McVeigh believes that if the jury hears about the government’s actions at Ruby Ridge, Idaho (see August 31, 1992 and August 21-31, 1992), and at the Branch Davidian compound outside Waco, Texas (see April 19, 1993 and April 19, 1993 and After), at least some of the jurors will be sympathetic. More importantly, such a politicized trial would give McVeigh the opportunity to make his case against an overreaching federal government in the larger court of public opinion. Jones will resist presenting such a defense, in part because he believes that McVeigh has no chance of establishing, as he would be required to do to raise the defense, that the federal government put him in “imminent danger.” [Douglas O. Linder, 2006]
Third Lawyer to Join Jones, Nigh - Two weeks later, Russell will name Houston lawyer Richard Burr to join Jones and Nigh for the defense. Burr has extensive experience working with death penalty cases, and formerly directed the Capital Punishment Project of the NAACP Legal Defense and Educational Fund. “Any capital case, but particularly one of this magnitude, calls for our system of justice to perform as reliably, as fairly, and as humanely as it can,” Burr will say. “I feel honored to become a part of the defense team in Mr. McVeigh’s case.” [New York Times, 5/23/1995]
Entity Tags: David Boren, David L. Russell, John Coyle, Frank Keating, Tony Graham, Norman L. Grey, Susan Otto, Richard A. Serrano, Timothy James McVeigh, Richard Burr, Stephen Jones, Robert Nigh, Jr
Timeline Tags: US Domestic Terrorism
David Edger. [Source: Public domain]David Edger, a high-ranking CIA officer who was previously station chief in Berlin, Germany (see May 1997), joins the political science department of the University of Oklahoma at Norman as a visiting scholar.
Appointment Arranged by CIA Director's Mentor - An announcement says that the appointment was arranged by the university’s president David Boren: “David Edger has joined us as a CIA officer in residence. Mr. Edger most recently was stationed at the US Embassy in Berlin as minister-counselor for coordination, where he directed both military and civilian US intelligence programs in Germany. During the two-year assignment, Mr. Edger will teach courses related to the US intelligence community and foreign policy. President David Boren arranged for his participation at OU.” [Newsletter of the Department of Political Science, The University of Oklahoma, 9/2001] David Boren is a former Democratic senator who headed the Senate’s intelligence committee for many years. There, Boren acted as mentor to CIA Director George Tenet, who was a Senate staffer before joining the CIA. They have maintained a close relationship: Boren and Tenet were having breakfast together in Washington on the morning of 9/11 (see (Before 8:46 a.m.) September 11, 2001 and (8:50 a.m.) September 11, 2001).
Involved in Surveillance of Hamburg Cell - Edger’s appointment may have been connected to his previous duties in Germany, where, during the years 1997-2001, he directed CIA surveillance and infiltration attempts against the Hamburg cell of 9/11 hijackers. A 2002 article in a local newspaper makes clear that Edger, or possibly other intelligence officers, had some inside but incomplete foreknowledge of al-Qaeda’s plans: “Up until his appointment with OU six months ago, Edger’s work with the CIA focused on terrorist groups in Germany. One of the three cells he was tracking included some of the people responsible for the Sept. 11 attacks on the World Trade Center. He said although officers knew members of the cell and some of what they were doing, they had no idea that they would meet in London and go to different parts of the US, where they would learn to fly planes to crash into the World Trade Center. ‘In that case, we failed,’ Edger said.” (See February 12, 2002.) [Norman Transcript (Oklahoma), 2/12/2002]
Several 9/11 Links to Oklahoma - Numerous 9/11 figures have connections to Oklahoma, and specifically to OU’s campus in Norman, including Zacarias Moussaoui (see Between February 23, 2001 and June 2001, February 23-June 2001, and July 29, 2001-August 3, 2001), his associate Hussein al-Attas (see August 10-11, 2001), Nick Berg (see Autumn 1999), and lead hijackers Mohamed Atta and Marwan Alshehhi who reportedly sought flight training at the nearby Airman Flight School (see July 2-3, 2000 and August 1, 2001).
Post-9/11 Comments - After 9/11, Edger will make numerous public statements supporting the war on terror and the Iraq War. The Tulsa World will report in October, 2001: “‘Americans are looking for simple assurances, hoping human intelligence can warn of the next attack,’ said Dr. David Edger, a specialist in espionage operations, paramilitary activities and counter-terrorism. ‘Getting that human intelligence is not simple. Great patience is required, and classic spy recruitment does not work in such hostile environments,’ said Edger, who served 39 years in the CIA. ‘The war will last many years, and we will never be sure when it ends,’ Edger predicted.” [Tulsa World (Oklahoma), 10/12/2001; Tulsa World (Oklahoma), 11/9/2001; Tulsa World (Oklahoma), 3/25/2002; Norman Transcript (Oklahoma), 10/11/2006]
Secretary of State Colin Powell leaves his Lima, Peru hotel after hearing news of the attacks. [Source: Agence France-Presse]Just prior to learning about the 9/11 attacks, top US leaders are scattered across the country and overseas:
President Bush is in Sarasota, Florida. [Washington Post, 1/27/2002]
Secretary of State Colin Powell is in Lima, Peru. [Washington Post, 1/27/2002]
General Henry Shelton, chairman of the Joint Chiefs of Staff, is flying across the Atlantic on the way to Europe. [Washington Post, 1/27/2002; Giesemann, 2008, pp. 19-40]
Attorney General John Ashcroft is flying to Milwaukee, Wisconsin. [Washington Post, 1/27/2002]
Federal Emergency Management Agency Director Joe Allbaugh is at a conference in Montana. [ABC News, 9/14/2002] Others are in Washington:
Vice President Dick Cheney and National Security Adviser Condoleezza Rice are at their offices in the White House. [Washington Post, 1/27/2002]
Defense Secretary Donald Rumsfeld is at his office in the Pentagon, meeting with a delegation from Capitol Hill. [Washington Post, 1/27/2002]
CIA Director George Tenet is at breakfast with his old friend and mentor, former Senator David Boren (D-OK), at the St. Regis Hotel, three blocks from the White House. [Washington Post, 1/27/2002]
FBI Director Robert Mueller is in his office at FBI headquarters on Pennsylvania Avenue, Washington, DC. [Washington Post, 1/27/2002]
Transportation Secretary Norman Mineta is at his office at the Department of Transportation. [US Congress, 9/20/2001]
Counterterrorism “tsar” Richard Clarke is at a conference in the Ronald Reagan Building, three blocks from the White House. [Clarke, 2004, pp. 1]
Entity Tags: John Ashcroft, Joseph M. Allbaugh, Richard A. Clarke, Henry Hugh Shelton, Norman Mineta, George W. Bush, Donald Rumsfeld, Richard (“Dick”) Cheney, Colin Powell, Condoleezza Rice, David Boren, George J. Tenet, Robert S. Mueller III
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
CIA Director George Tenet is eating breakfast with his mentor, former Senator David Boren (D-OK), at the St. Regis Hotel, three blocks north of the White House. According to journalist Bob Woodward, Boren asks Tenet, “What are you worried about these days?” Tenet replies, “Bin Laden,” and says he is convinced the al-Qaeda leader is going to do something big. Boren asks him how could one person without the resources of a foreign government be such a threat? Tenet responds, “You don’t understand the capabilities and the reach of what they’re putting together.” [Woodward, 2002, pp. 1 and 3; Chicago Sun-Times, 12/6/2002] When, shortly afterwards, Tenet learns of the first attack on the World Trade Center, he will immediately say he thinks bin Laden is responsible (see (8:50 a.m.) September 11, 2001).
David Boren. [Source: University of Oklahoma]CIA Director George Tenet is told of the first WTC crash while he is eating breakfast with his mentor, former Senator David Boren (D-OK), at the St. Regis Hotel in Washington, DC. They are interrupted when CIA bodyguards converge on the table to hand Tenet a cell phone. Tenet is told that the WTC has been attacked by an airplane. Boren later says, “I was struck by the fact that [the messenger] used the word ‘attacked.’” Tenet then hands the cell phone back to an aide and says to Boren, “You know, this has bin Laden’s fingerprints all over it.” “‘He was very collected,’ Boren recalls. ‘He said he would be at the CIA in 15 minutes, what people he needed in the room and what he needed to talk about.’” [USA Today, 9/24/2001; ABC News, 9/14/2002] According to other accounts, Tenet responds to the caller, “They steered the plane directly into the building?” Tenet then says to Boren, “That looks like bin Laden.” Tenet muses aloud, “I wonder if this has something to do with the guy [Zacarias Moussaoui] who trained for a pilot’s license.” (Moussaoui had been arrested several weeks earlier.) [St. Paul Pioneer Press, 5/29/2002; Stern, 8/13/2003] According to another account, Tenet pauses while on the phone to tell Boren, “The World Trade Center has been hit. We’re pretty sure it wasn’t an accident. It looks like a terrorist act,” then returns to the phone to identify who should be summoned to the CIA situation room. [Time, 9/14/2001] Tenet later tells author Ronald Kessler, “There was no doubt that al-Qaeda was going to come here eventually, and that something spectacular was planned. I knew immediately who it was [behind the attack].” [Kessler, 2003, pp. 196] In his own 2007 book, Tenet will largely confirm the above accounts. He will add, “Most people, I understand, assumed that the first crash was a tragic accident. It took the second plane hitting the second tower to show them that something far worse was going on. That wasn’t the case for me. We had been living too intimately with the possibility of a terrorist attack on the United States. I instantly thought that this had to be al-Qaeda.” He also mentions thinking aloud about Moussaoui. [Tenet, 2007, pp. 161] Tenet will subsequently hurry back to CIA headquarters in his car (see (8:55 a.m.-9:15 a.m.) September 11, 2001).
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
President-elect Barack Obama orders two days of secret briefings with the CIA on interrogation policies and procedures. He sends his chief counsel, Gregory Craig; his nominated National Security Adviser, James Jones; foreign policy adviser Denis McDonough; former senators David Boren (D-OK) and Chuck Hagel (R-NE); and former CIA general counsel Jeffrey H. Smith to Langley. They meet with CIA Director Michael Hayden, his deputy Stephen Kappes, and about 20 senior CIA officials, who brief Obama’s team on the agency’s counterterrorism and rendition programs. In the briefings, Hayden and his colleagues argue for the preservation of the agency’s secret prison and torture programs. Hayden acknowledges that the agency stopped using the secret prisons in 2006, and says that agency operatives stopped using waterboarding as an interrogation method in 2003. He wants the CIA to retain its option to use other “harsh methods” as needed. During the briefings, CIA officials acknowledge that some foreign intelligence agencies have begun withholding information about suspected terrorists from the agency for fear that they might become implicated in the eventual torture of those suspects. As Boren and Smith will later recall, the group is not convinced that whatever useful intelligence those methods may have garnered warrants keeping them as an option. “They said that they had produced valuable intelligence,” Smith will recall. “We took them at their word.” However, the group decides that “whatever utility it had at the outset… the secret prisons and enhanced techniques were no longer playing a useful role—the costs outweighed the gains.” Those costs include the palpable damage to America’s identity and values, and the lost credibility and prestige among many of its closest allies. Boren will later call attending the briefings “one of the most deeply disturbing experiences I have had.… I wanted to take a bath when I heard it. I was ashamed of it.” He believes that “fear was used to justify the use of techniques that violate our values and weaken our intelligence,” and that the agency did not prove those methods “are particularly effective at getting the truth.” [Washington Post, 4/24/2009]
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