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Profile: Donald Rumsfeld
Positions that Donald Rumsfeld has held:
- US Secretary of Defense under President George W. Bush
2:40PM (EST), September 11, 2001
“[I want the] best info fast. Judge whether good enough hit S.H. [Saddam Hussein] at same time. Not only UBL [Osama bin Laden]…. Go massive. Sweep it all up. Things related and not.”
[CBS News, 9/4/2002]
September 12, 2001
“There aren’t any good targets in Afghanistan and there are lots of good targets in Iraq.”
[Clarke, 2004; Associated Press, 3/20/2004; Reuters, 3/19/2004]
January 1, 2002
“I do not feel the slightest concern at their treatment. They are being treated vastly better than they treated anybody else.”
January 19, 2002
“The test is, is Saddam cooperating or is he not cooperating. That is what ought to be measured. That’s what the UN asked for. .. The President said time is running out and if the test is, are the Iraqis going to co-operate, that’s something you’re going to know in a matter of weeks, not in months or years.”
[International Herald Tribune, 1/20/2003; New York Times, 1/19/2003; Australian, 1/20/2003]
January 22, 2002
“The allegations that have been made by many from a comfortable distance that the men and women in the US armed forces are somehow not properly treating the detainees under their charge are just plain false.… It is amazing the insight that parliamentarians can get from 5,000 miles away.”
[US Department of Defense, 1/22/2002]
February 8, 2002
“In short, we will continue to treat [Afghan and al-Qaeda detainees] consistent with the principles of fairness, freedom and justice that our nation was founded on, the principles that they obviously abhor and which they sought to attack and destroy. Notwithstanding the isolated pockets of international hyperventilation, we do not treat detainees in any manner other than a manner that is humane.”
[US Department of Defense, 2/8/2002]
August 20, 2002
“Think of the prelude to World War Two. Think of all the countries that said, well, we don’t have enough evidence. I mean, Mein Kampf had been written. Hitler had indicated what he intended to do. Maybe he won’t attack us. Maybe he won’t do this or that. Well, there were millions of people dead because of the miscalculations. The people who argued for waiting for more evidence have to ask themselves how they are going to feel at that point where another event occurs…. There are al-Qaeda in a number of locations in Iraq…. The suggestion that… [Iraqi government officials] who are so attentive in denying human rights to their population aren’t aware of where these folks [al-Qaeda] are or what they’re doing is ludicrous in a vicious, repressive dictatorship…. it’s very hard to imagine that the government is not aware of what’s taking place in the country.”
[Fox News, 8/20/2003; Daily Telegraph, 8/21/2002; Guardian, 8/22/2002; New York Times, 8/20/2002]
“If you [Source: worry about just] the cost, the money, Iraq is a very different situation from Afghanistan… Iraq has oil. They have financial resources.”
[Financial Times, 1/16/2004]
September 3, 2002
“We know that they were a lot closer than any of the experts had estimated they would be with respect to [developing] a nuclear weapon. To the extent that they have kept their nuclear scientists together and working on these efforts, one has to assume they’ve not been playing tiddlywinks.”
[US Department of Defense, 9/3/2002; Associated Press, 9/3/2002; United Press International, 9/3/2002]
September 19, 2002
“I was, for a period in late ‘83 and early ‘84, asked by President Reagan to serve as Middle East envoy after the Marines—241 Marines were killed in Beirut. As part of my responsibilities I did visit Baghdad. I did meet with Mr. Tariq Aziz. And I did meet with Saddam Hussein and spent some time visiting with them about the war they were engaged in with Iran. At the time our concern, of course, was Syria and Syria’s role in Lebanon and Lebanon’s role in the Middle East and the terrorist acts that were taking place. As a private citizen I was assisting only for a period of months.”
[US Congress, 9/20/2002]
December 3, 2002
Asked if the administration’s policy objective in Iraq is disarmament, regime change, or both, Defense Secretary Donald H. Rumsfeld replies: “Beauty is in the eye of the beholder. It depends on who you talk to and when you talk to them.”
[US Department of Defense, 12/3/2002; Washington Post, 12/5/2002]
January 7, 2003
“There is no doubt in my mind but that they currently have chemical and biological weapons.”
[Associated Press, 1/7/2003]
January 29, 2003
Saddam’s regime had “the design for a nuclear weapon; it was working on several different methods of enriching uranium, and recently was discovered seeking significant quantities of uranium from Africa.”
[Washington Post, 8/8/2003]
February 11, 2003
“I honestly believe that every country ought to do what it wants to do…. It either is proud of itself afterwards, or it is less proud of itself.”
March 24, 2003
“We have seen intelligence over many months that they have chemical and biological weapons, and that they have dispersed them and that they’re weaponized and that, in one case at least, the command and control arrangements have been established.”
[Village Voice, 6/18/2003]
March 27, 2003
“When it comes to reconstruction, before we turn to the American taxpayer, we will turn first to the resources of the Iraqi government and the international community.”
[Financial Times, 1/16/2004]
March 30, 2003
“We know where they are. They’re in the area around Tikrit and Baghdad and east, west, south and north somewhat.”
[Carnegie Endowment for International Peace, 7/17/2003]
April 13, 2003
“The task is to create an environment that is sufficiently permissive that the Iraqi people can fashion a new government. And what they will do is come together in one way or another and select an interim authority of some kind. Then that group will propose a constitution and a more permanent authority of some kind. And over some period of months, the Iraqis will have their government selected by Iraqi people.”
April 24, 2003
“If you’re suggesting, how would we feel about an Iranian-type government with a few clerics running everything in the country, the answer is: That isn’t going to happen.”
[Guardian, 4/25/2003; Associated Press, 4/25/2003]
May 27, 2003
“As Thomas Jefferson put it, ‘we are not to expect to be translated from despotism to liberty in a featherbed.’ It took time and patience, but eventually our Founders got it right—and we hope so will the people of Iraq—over time.”
[Wall Street Journal, 5/27/2003 ]
May 29, 2003
“[When asked: When do you think there might be a government in place, even a provisional government in place in Iraq? Rumsfeld reponds:] I don’t know.”
[Infinity Radio, 5/29/2003]
July 9, 2003
“The coalition did not act in Iraq because we had discovered dramatic new evidence of Iraq’s pursuit of weapons of mass murder. We acted because we saw the evidence in a dramatic new light, through the prism of our experience on 9/11.”
[BBC, 7/9/2003; Washington Times, 7/10/2003; USA Today, 7/9/2003]
September 16, 2003
“I’ve not seen any indication that would lead me to believe that” Iraq had a hand in the September 11 attacks. [Associated Press, 9/16/2003]
“Rumsfeld was saying we needed to bomb Iraq…. We all said, ‘but no, no. Al-Qaeda is in Afghanistan’ and Rumsfeld said, ‘There aren’t any good targets in Afghanistan and there are lots of good targets in Iraq.’”
[Clarke, 2004; Associated Press, 3/20/2004; Reuters, 3/19/2004]
Donald Rumsfeld was a participant or observer in the following events:
The Bush administration issues a remarkable series of terror warnings that many believe are politically motivated. Vice President Cheney warns it is “not a matter of if, but when” al-Qaeda will next attack the US. [CNN, 5/20/2002] Homeland Security Director Tom Ridge says the same thing. Defense Secretary Rumsfeld says terrorists will “inevitably” obtain weapons of mass destruction (see May 21, 2002). FBI Director Mueller says more suicide bombings are “inevitable.” [Washington Post, 5/22/2002] Authorities also issue separate warnings that al-Qaeda militants might target apartment buildings nationwide, banks, rail and transit systems, the Statue of Liberty, and the Brooklyn Bridge. USA Today titles an article, “Some Question Motives Behind Series of Alerts.” [USA Today, 5/24/2002] David Martin, CBS’s national security correspondent, says, “Right now they’re putting out all these warnings to change the subject from what was known prior to September 11 to what is known now.” It had been revealed the week before that Bush received a briefing in August 2001 entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001). [Washington Post, 5/27/2002] Remarkably, even Press Secretary Ari Fleischer says the alerts were issued “as a result of all the controversy that took place last week.” [Washington Times, 5/22/2002; Village Voice, 5/23/2002] A retired CIA official reveals that the administration “made a political decision” to make any threat public, even those deemed to be hoaxes. In response to the alleged threat to New York, the former head of the FBI bureau there states that “there really isn’t any hard information.” [Rolling Stone, 9/21/2006 ] Time notes, “Though uncorroborated and vague, the terror alerts were a political godsend for an administration trying to fend off a bruising bipartisan inquiry into its handling of the terrorist chatter last summer. After the wave of warnings, the Democratic clamor for an investigation into the government’s mistakes subsided.” [Time, 5/27/2002]
Defense Secretary Rumsfeld says that al-Qaeda operatives are in the US, and “they are very well-trained.” He also says that “terrorist networks have relationships with terrorist states that have weapons of mass destruction, and… they inevitably are going to get their hands on them, and they would not hesitate one minute in using them. That’s the world we live in.” [Suskind, 2006, pp. 121] His comments are part of a wave of ominous warnings by the Bush administration (see May 20-24, 2002) that come just days after it is reported that President Bush was given a warning before 9/11 entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).
Secretary of Defense Donald Rumsfeld invites a group of influential Washington lobbyists and consultants, including Haley Barbour and Vin Weber, to his office to discuss national security issues. At one point during the meeting he complains about the intelligence he is getting from the CIA and says, “I’m going to create my own intelligence agency.” Rumsfeld’s remark is likely a reference to the Office of Special Plans, which will be formally created in September (see September 2002) [Isikoff and Corn, 2006, pp. 107]
The King of Jordan, Abdullah II, visits Washington to discuss the Israel-Palestinian peace process. Abdullah’s visit comes on the heels of Saudi Crown Prince Abdullah’s earlier visit, where he threatened to break off discussions with the US if President Bush refused to deal seriously with the matter (see Spring 2002). Though the Saudi leader seemingly shook up Bush with his unusually direct insistence on American action, Bush appears surprised that the Jordanian king is also concerned with the issue. Bush listens politely to Abdullah’s appeal, and says that the king’s idea of a “road map to peace” sounds reasonable. National Security Council official Flynt Leverett, the head of the NSC’s Mideast affairs division, promises Abdullah that such a “road map” will be drawn up by the end of 2002. No such proposal is ever completed; neoconservatives in the Defense Department (Donald Rumsfeld and Douglas Feith), the Vice President’s Office (John Hannah and Lewis “Scooter” Libby), and the NSC (Elliott Abrams) continue to oppose the idea, calling it nothing but a reward to the Palestinians for “bad behavior” (see December 2001-January 2002). Only if Palestine rejects terrorism and implements democracy will the US enter into negotiations, they insist, regardless of what promises Bush has made. [Esquire, 10/18/2007]
Entity Tags: Office of the Vice President, Donald Rumsfeld, Bush administration (43), Abdullah II ibn al-Hussein, Douglas Feith, Lewis (“Scooter”) Libby, Elliott Abrams, George W. Bush, US Department of Defense, Flynt Leverett, National Security Council, John Hannah
Timeline Tags: US International Relations
President George Bush designates Padilla, who has been in custody since May 8 (see May 8, 2002), an “enemy combatant” on advice from Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft (see June 8, 2002), and directs Rumsfeld to see that he his taken into military custody. Padilla is taken to the Consolidated Naval Brig in Charleston, South Carolina sometime during the middle of that night. At the time of the transfer, Padilla was awaiting a judgment on a request made by his counsel to have the material witness warrant (see May 8, 2002) vacated. [CNN, 6/11/2002]
Attorney General John Ashcroft announces Padilla’s arrest (see June 9, 2002), claiming that “in apprehending [Padilla] as he sought entry into the United States,” the US government has “disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive ‘dirty bomb.’” [CBS News, 6/10/2002] Similarly, President George Bush says: “This guy, Padilla, is a bad guy. And he is where he needs to be—detained,” along with many other “would-be killers” as part of the war on terrorism. And Defense Secretary Donald Rumsfeld too, states that Padilla “was unquestionably involved in terrorist activities.” [CNN, 6/11/2002]
In Doha, Qatar, Defense Secretary Donald Rumsfeld says the purpose of detaining “enemy combatant” Jose Padilla (see June 10, 2002) is to obtain information from him. “Our interest, really, in this case, is not law enforcement,” he says. “It is not punishment. Because he was a terrorist or working with the terrorists, our interest at the moment is to try to find out everything he knows so hopefully we can stop other terrorist acts.” To illustrate his argument, Rumsfeld describes a recent situation in which intelligence gained from a prisoner in Kandahar, Afghanistan, led to the prevention of three terrorist attacks in Singapore (this may be a garbled reference to the killing of Mohammed Atef, see November 15, 2001 and November 15-Late December 2001). “If someone had said when we found that information or that person, ‘Well, now, let’s arrest the person and let’s start the process of punishing that person for having done what he did,’ we never would have gotten that information, and people would have died.” [American Forces Press Service, 6/11/2002]
The CIA issues a classified report titled, “Iraq and al-Qaeda: A Murky Relationship.” According to its cover note, the report “purposely aggressive in seeking to draw connections” between Iraq and Osama bin Laden’s organization. The document, which was prepared in response to pressure from the White House and vice president’s office, is heavily criticized by analysts within the agency. Analysts in the Near East and South Asia division complain that the report inflates “sporadic, wary contacts” between two independent actors into a so-called “relationship.” A complaint is filed with the CIA’s ombudsman for politicization. After interviewing 24 analysts, the ombudsman concludes that the report was crafted under pressure from the administration, later telling Senate investigators that “about a half-dozen [analysts] mentioned ‘pressure’ from the administration; several others did not use that word, but spoke in a context that implied it.” Despite being “purposely aggressive,” the report does not satisfy Undersecretary of Defense for Policy Douglas Feith, an adamant hawk who strongly believes Iraq is working closely with Islamic militant groups. In a memo to Donald Rumsfeld, he says that the report should be read “for content only—and CIA’s interpretation should be ignored.” [Washington Post, 10/20/2002; New York Times, 4/28/2004; US Congress, 7/7/2004, pp. 359; Daily Telegraph, 7/11/2004; Isikoff and Corn, 2006, pp. 112]
Secretary of Defense Donald Rumsfeld sends his special assistant, Stephen A. Cambone, to the Armed Services Committee to deliver and explain a request that Congress create a new top-level Pentagon position—the undersecretary of defense for intelligence. The proposal is quietly slipped into the fiscal 2003 defense authorization bill as an amendment and approved by the Senate on August 1, by the Conference Committee on November 12 and signed by the president on December 2 (see December 2, 2002). The move is seen by some as an attempt to preempt the Scowcroft Plan (see March 2002). [US News and World Report, 8/12/2002; Washington Post, 8/19/2004; USA Today, 10/24/2004] US News and World Report calls it a “bureaucratic coup” that “accomplishes many Pentagon goals in one fell swoop” and notes that “members of Congress aren’t even aware it is happening, let alone what it means.” [US News and World Report, 8/12/2002] Intelligence expert James Bamford warns about the implications of creating this new post in an October 24 op-ed piece: “Creating a powerful new intelligence czar under Defense Secretary Donald Rumsfeld could shift [the] delicate balance [between CIA and the Defense Department] away from the more independent-minded Tenet and increase the chances that intelligence estimates might be ‘cooked’ in favor of the Pentagon…. [I]f the Pentagon runs the spy world, the public and Congress will be reduced to a modern-day Diogenes, forever searching for that one honest report.” [USA Today, 10/24/2004] In 1998, then-Deputy Defense Secretary John J. Hamre had proposed a similar idea, but Congress opposed the suggested reform “in part from concern at the CIA that the new Pentagon official would have too much power.” [Washington Post, 8/19/2004]
Rumsfeld before the House Committee on Government Oversight and Reform. [Source: AP]Three days before paying personal tribute to Pat Tillman (seeJune 28, 2002), Secretary of Defense Donald Rumsfeld forwards a news article on the former football star’s recent enlistment in the US Army to the Secretary of the Army, Tom White, calling Tillman “world-class.” In the informal communication accompanying the June 2 story, Rumsfeld says, “We might want to keep an eye on him.” White responds, agreeing that Tillman is “a world-class American.” However, when testifying in 2007 before the Committee on Government Oversight and Reform, Rumsfeld will say that he does not remember when or how he learned that Tillman was not killed in action by the Taliban, but was a victim of fratricide. [House Committee on Government Oversight and Reform, 8/16/2009]
Secretary of Defense Donald Rumsfeld writes to Pat Tillman, a former NFL star, congratulating his choice to leave a $3.6 million contract behind to join the Army (see May 23-June 1, 2002) and calling it “proud and patriotic.” Tillman had received laudatory press coverage worldwide and been noticed by Senator John McCain (R-AZ—see May 31, 2002). The letter will surface five years later, when a congressional hearing is held to ascertain if Rumsfeld was involved in the effort to conceal the true circumstances of Tillman’s death in Afghanistan. [House Committee on Government Oversight and Reform, 8/16/2009]
President George Bush issues an executive order transferring control of the covert operations unit “Gray Fox” from the US Army to Special Operations Command (SOCOM) in Tampa at the insistence of Defense Secretary Rumsfeld’s office. [New Yorker, 1/24/2005 Sources: unnamed former high-level intelligence official interviewed by Seymour Hersh] Gray Fox becomes part of the Strategic Support Branch (SSB), a unit jointly run by the Defense Department and the DIA (see October 2001-April 2002).
A new interrogation unit arrives at the Bagram Collection Point (BCP), the improvised interrogation and holding facility at Bagram Air Force Base (see October 2001). The unit is headed by Lieutenant Carolyn Wood (see January 22, 2003-May 8, 2003), who leads a 13-man unit from the 525th Military Intelligence Brigade at Fort Bragg, NC. Wood’s unit is augmented by six Arabic-speaking reservists from the Utah National Guard. Many in the group, consolidated under Company A of the 519th Military Intelligence Battalion, are counterintelligence specialists with no background in interrogation. Only two of the soldiers have ever questioned actual prisoners. The training they receive is ad hoc and minimal. The noncommissioned officer in charge of the interrogators, Staff Sergeant Steven Loring, will later tell investigators, “There was nothing that prepared us for running an interrogation operation” like the one at Bagram. Nor are the rules of engagement clear. The platoon uses the standard interrogations guide, Section 34-52 of the Army Fleld Manual, and an order from Defense Secretary Rumsfeld to treat prisoners “humanely” and, when possible, within the strictures of the Geneva Conventions. But when President Bush determines in February 2002 that the Conventions do not apply to Taliban and al-Qaeda captives (see February 7, 2002), the interrogators decide they “could deviate slightly from the rules,” in the words of Utah reservist Sergeant James Leahy. “There was the Geneva Conventions for enemy prisoners of war, but nothing for terrorists,” Leahy will tell Army investigators. And the detainees, senior intelligence officers say, are to be considered terrorists until proved otherwise. One group of soldiers is later dubbed “the Testosterone Gang”; they decorate their tent with a Confederate flag, spend large amounts of time bodybuilding, and quickly earn a reputation as some of the most brutal of the soldiers at Bagram. [New York Times, 5/20/2005]
General Dynamics logo. [Source: Castle Air Museum.]Defense Secretary Donald Rumsfeld has so far hired “32 appointees to top policymaking positions who were former executives, paid consultants, or major shareholders of top defense contractors,” according to author William Hartung, writing for the Los Angeles Times. Hartung says Rumsfeld came into office determined to hire a “core group of corporate executives to run the Pentagon in what one commentator describe[s] as ‘Department of Defense Inc.’” Rumsfeld placed executives in charge of three of the military’s five branches—Northrop Grumman’s James Roche for the Air Force, General Dynamics’s Gordon England for the Navy, and Enron’s Thomas White for the Army. Since their ascension to power, the military has been accused by such critics as Senator John McCain (R-AZ) of stunning levels of “war profiteering.” Hartung writes that the Pentagon is suffering from a severe case of “ethical rot” under Rumsfeld, and says that the Pentagon is experiencing “decreased accountability and a level of cronyism… more reminiscent of Indonesia under Suharto than anything Washington has seen in recent memory.” [Los Angeles Times, 12/10/2003; Carter, 2004, pp. 72]
The Christian Science Monitor reports that some al-Qaeda forces have relocated to the Pakistani-controlled portion of Kashmir since being driven out of Afghanistan, and they are there with the tacit support of the Pakistani ISI. This is very problematic for the US, due to diplomatic sensitivities regarding the Kashmir region, which is split by a UN monitored Line of Control between Pakistan and India, and is claimed by both countries. Defense Secretary Donald Rumsfeld recently commented that he had “seen indications that there are al-Qaeda operating near the [Kashmir] Line of Control.” Pakistani militant groups linked to al-Qaeda such as Harkat ul-Mujahedeen operate openly in Pakistani Kashmir, even though they have been officially banned by the US and Pakistan. For many years, the ISI has used such group to harass the Indian army on India’s portion of Kashmir, and they continue to do so. [Christian Science Monitor, 7/2/2002]
Wreckage left behind where a missile struck Qaed Salim Sinan al-Harethi’s truck in Yemen. [Source: Associated Press]Defense Secretary Donald Rumsfeld issue a secret directive ordering commander of Special Operations Air Force General Charles Holland “to develop a plan to find and deal with members of terrorist organizations” anywhere in the world (see July 22, 2002). The directive says, “The objective is to capture terrorists for interrogation or, if necessary, to kill them, not simply to arrest them in a law-enforcement exercise.” Holland is to cut through the Pentagon bureaucracy and process deployment orders “in minutes and hours, not days and weeks.” In internal Defense Department memos, Rumsfeld and the civilian officials close to him lay out the case for a new approach to the war on terrorism, one that would partly rely on the killing of individuals outside war zones. [New Yorker, 12/16/2002] The first public manifestation of this new policy will be the November 2002 assassination of al-Qaeda leader Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002).
Defense Secretary Rumsfeld issues a secret directive to Special Operations forces allowing them to “capture terrorists for interrogation or, if necessary, to kill them” anywhere in the world. [New Yorker, 12/16/2002] The policy appears to actually prefer the killing or secret interrogation of terrorists over legally arresting and then charging them (see July 22, 2002). Bush already issued a presidential finding authorizing the killing of terrorist leaders (see September 17, 2001), and a list of “high-value” target has been created (see Shortly After September 17, 2001), but this increases such efforts. [New York Times, 12/15/2002] However, Bush has not rescinded a presidential executive order dating from the 1970s that bans all assassinations, claiming that terrorists are military combatants. “Many past and present military and intelligence officials have expressed alarm” at the legality, wisdom, ethics, and effectiveness of the assassination program. Apparently much of the leadership of Special Operations is against it, worrying about the blowback effect. In February 2002, a Predator missile targeting someone intelligence agents thought was bin Laden hit its target, but killed three innocent Afghan farmers instead (see February 4, 2002). [New Yorker, 12/16/2002] The first successful assassination will take place in November (see November 3, 2002).
A memo written by an intelligence analyst working under Pentagon policy chief Douglas Feith asserts that while “some analysts have argued” that Osama bin Laden will not cooperate with secular Arab groups like Iraq, “reporting indicates otherwise.” A subsequent investigation by the Pentagon’s Office of Inspector General (see February 9, 2007) will criticize the memo, titled “Iraq and al-Qaeda: Making the Case,” saying that it constituted an “alternative intelligence assessment” and therefore should have been developed in accordance with intelligence agency guidelines for publishing alternative views. [US Department of Defense, 2/9/2007 ; New York Times, 2/9/2007] Nevertheless, Bush administration officials such as Defense Secretary Donald Rumsfeld, CIA Director George Tenet, DIA Director Thomas Wilson, Deputy National Security Adviser Stephen Hadley, and the chief of staff for Vice President Cheney, Lewis “Scooter” Libby, embrace the memo. Cheney’s office is particularly enamoured of the report; journalists Franklin Foer and Spencer Ackerman later report a White House official as saying of Cheney and his staffers, “They so believed that the CIA were wrong, they were like, ‘We want to show these f_ckers that they are wrong.” The memo is based on an earlier briefing by Feith entitled “Assessing the Relationship between Iraq and al-Qaeda,” which accused the CIA of using overly rigorous standards to analyze information that might show links between Iraq and the terrorist organization. Feith’s briefing uses almost no evidence to claim a “mature, symbiotic” relationship between the two, alleging “more than a decade of numerous contacts” between al-Qaeda and the Hussein government, and asserting “possible Iraqi coordination with al-Qaeda specifically related to 9/11.” [Scoblic, 2008, pp. 220-222] An updated version of the “Making the Case” briefing will be presented to the White House in September 2002 (see September 16, 2002).
Entity Tags: Office of the Vice President, Thomas Wilson, Office of Special Plans, Stephen J. Hadley, Spencer Ackerman, Lewis (“Scooter”) Libby, Franklin Foer, Donald Rumsfeld, Bush administration (43), George J. Tenet, Douglas Feith
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion
Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 ] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]
The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
He is forced to wear women’s underwear on his head and to put on a bra.
He is threatened by dogs, placed on a leash, and told that his mother was a whore.
He is stripped naked, shaved, and forced to bark like a dog.
He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
He is forced to live in a cell deprived of heat
He is given large quantities of intravenous liquids and denied access to a toilet
He is deprived of sleep for days on end.
He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]
The Defense Science Board authors a report titled “Special Operations and Joint Forces in Countering Terrorism” recommending an increase of more than $7 billion in the Pentagon’s budget. It says the war on terrorism is a “real war” and describes the enemy as “committed, resourceful and globally dispersed… with strategic reach.” The US will have to wage “a long, at times violent, and borderless war” that “requires new strategies, postures and organization,” it adds. The report includes suggestions to develop the capability to tag key terrorist figures with special chemicals so they can be tracked by laser; a proposal to create a special SWAT team charged with secretly seeking and destroying chemical, biological and nuclear weapons anywhere in the world; and a plan to establish a “red team” known as the Proactive, Preemptive Operations Group, (P2OG), which would conduct secret operations aimed at “stimulating reactions” among terrorists and states suspected of possessing weapons of mass destruction. [Board, 8/16/2002; United Press International, 9/26/2002; Los Angeles Times, 10/27/2002; Asia Times, 11/5/2002]
Proactive, Preemptive Operations Group, (P2OG) - The unit would provoke terrorist cells into action, perhaps by stealing their money or tricking them with fake communications, in order to expose them. The exposed cells would then be taken care of by “quick-response” teams. The US would use the revelation of such cells as an opportunity to hold “states/sub-state actors accountable” and “signal to harboring states that their sovereignty will be at risk.” The P2OG would require at least $100 million and about 100 people, including specialists in information operations, psychological operations, computer network attack, covert activities, signal intelligence, human intelligence, special operations forces and deception operations. According to the DSB, it should be headed by the Special Operations Executive in the White House’s National Security Council. But according to sources interviewed by United Press International (UPI), people in the Defense Department want to see the group under the Pentagon’s authority. [Board, 8/16/2002; United Press International, 9/26/2002; Los Angeles Times, 10/27/2002; Asia Times, 11/5/2002]
Tagging terrorists - Intelligence operatives would penetrate terrorist cells and tag leaders’ clothes with chemicals that would make them trackable by a laser. The agents would also collect DNA samples from objects and papers that are handled by the targets. Information about the terrorist’s DNA would be kept in a database. The program would cost $1.7 billion over a 5-year period beginning in 2004. [Board, 8/16/2002; United Press International, 9/26/2002]
Special SWAT team - The SWAT Team would consist of special forces soldiers whose specialty would be searching and destroying nuclear, chemical or biological weapons sites anywhere in the world. They would also be trained to offer protection to US soldiers operating nearby and be responsible for “consequence management,” like enacting quarantines. The program would cost about $500 million a year and would be headed by US Special Operations Command. To effectively detect the presence of such weapons, the DSB advocates allocating about $1 billion a year on the research and development of new sensor and “agent defeat” technologies. [Board, 8/16/2002; United Press International, 9/26/2002]
Expanding US Special Forces - The panel recommends increasing the size of US Special Forces by about 2 percent a year. It also proposes that more special forces operations be conducted jointly with conventional forces. Its budget should be increased by “billions,” the report also says. [Board, 8/16/2002; United Press International, 9/26/2002]
Panel to speculate on possible terrorist attack scenarios - A panel of roughly 24 creative, highly respected analysts would be convened to speculate on the nature of future terrorists attacks against the US. The report recommends allocating $20 million a year for the program. [Board, 8/16/2002; United Press International, 9/26/2002]
Intelligence Reserve - A $100 million-a-year reserve program would be established that would put former intelligence retirees on call to assist with intelligence tasks and to participate in counterterrorism exercises when needed. [Board, 8/16/2002; United Press International, 9/26/2002; Asia Times, 11/5/2002]
Addition of 500 people who would focus on identifying characteristics of potential adversaries - $800 million would be spent on the addition of over 500 people to existing military and intelligence agencies who would “focus on understanding effects of globalization, radicalism, cultures, religions, economics, etc., to better characterize potential adversaries.” [Board, 8/16/2002; United Press International, 9/26/2002]
Increase budget of Joint Warfare Analysis Center (JWAC) and Joint Forces Command's net assessment center - $200 million more would be allocated to the Joint Warfare Analysis Center and Joint Forces Command’s net assessment center. JWAC is a cell of about 500 planners and target analysts who work in Dahlgren, Va. [Board, 8/16/2002; United Press International, 9/26/2002]
Increase surveillance and reconnaissance budgets - The panel envisions infusing $1.6 billion per year into intelligence, surveillance and reconnaissance budgets over the next six years. Spending would be focused on tying together unmanned aerial vehicles, manned platforms, space-based sensors and databases. A portion of the funds would also be used to develop “a rich set of new ground sensor capabilities” aimed at the surveillance of small terrorist cells. [Board, 8/16/2002; United Press International, 9/26/2002]
Urban Training Center - A dedicated urban training range would be constructed on the West Coast emphasizing “small unit action, leadership initiative and flexibility.” Relatively low-level soldiers would also be trained on how to determine the logistics of the back-up fire they need while they are in battle. The program would need $300 million a year for the next six years. [Board, 8/16/2002; United Press International, 9/26/2002]
Database providing 3-d view of most of the cities of the world - The report recommends developing a detailed database of most of the cities in the world which would allow soldiers to view a three-dimensional display of the cities including “buildings [doors and windows included],… streets and alleys and underground passages, obstacles like power lines and key infrastructure like water and communications lines,” the UPI reports. [Board, 8/16/2002; United Press International, 9/26/2002] Critics warn that the changes proposed by the report would allow the military to engage in covert activities currently handled by the CIA. However unlike the CIA, the military would not be subject to Congressional oversight. But William Schneider Jr, the DSB chairman, downplays those concerns. “The CIA executes the plans but they use Department of Defense assets,” Schneider says, adding that his board’s recommendations do not advocate any changes to US policies banning assassinations, or requiring presidents to approve US covert operations in advance. He also insists that such changes would not preclude congressional oversight. [Asia Times, 11/5/2002]
Defense Secretary Donald Rumsfeld, citing various “intelligence reports,” claims that the Iraqi government is “hosting, supporting or sponsoring” an al-Qaeda presence in Iraq. This is a likely reference to Abu Musab al-Zarqawi and his followers, whom the US alleges is an al-Qaeda operative with links to the Iraqi government. When asked if he has evidence to support this claim Rumsfeld responds: “There are al-Qaeda in a number of locations in Iraq…. The suggestion that… [Iraqi government officials] who are so attentive in denying human rights to their population aren’t aware of where these folks [al-Qaeda] are or what they’re doing is ludicrous in a vicious, repressive dictatorship.” He also says, “It’s very hard to imagine that the government is not aware of what’s taking place in the country.” [US Department of Defense, 8/20/2002; New York Times, 8/20/2002] Shortly after the defense secretary’s allegations, an unnamed intelligence official tells the Guardian, “They are not the official guests of the government,” adding that any al-Qaeda in the region are still “on the run.” A month later, Knight Ridder reports that according to an anonymous US official, Rumsfeld’s charge is based on information from Kurdish opposition groups which are feeding information to the Pentagon. [Guardian, 8/22/2002; Knight Ridder, 9/25/2002 Sources: Unnamed US intelligence official, Unnamed US official]
During an interview with Fox News, Defense Secretary Donald Rumsfeld mocks calls from Washington, Europe and the Arab world demanding that the Bush administration show them evidence to substantiate the hawk’s claim that Saddam Hussein is a threat to the US and its allies. “Think of the prelude to World War Two,” the Defense Secretary says. “Think of all the countries that said, well, we don’t have enough evidence. I mean, Mein Kampf had been written. Hitler had indicated what he intended to do. Maybe he won’t attack us. Maybe he won’t do this or that. Well, there were millions of people dead because of the miscalculations. The people who argued for waiting for more evidence have to ask themselves how they are going to feel at that point where another event occurs.” [Daily Telegraph, 8/21/2002; Guardian, 8/22/2002; Fox News, 8/20/2003] Rumsfeld also says during a news conference that according to “intelligence reports,” Saddam’s government is “hosting, supporting or sponsoring” an al-Qaeda presence in Iraq. Responding to a question about whether he has any evidence to support the claim that al-Qaeda is operating in Iraq, Rumsfeld states, “There are Al-Qaeda in a number of locations in Iraq…. The suggestion that… [Iraqi government officials] who are so attentive in denying human rights to their population aren’t aware of where these folks [al-Qaeda] are or what they’re doing is ludicrous in a vicious, repressive dictatorship…. [I]t’s very hard
to imagine that the government is not aware of what’s taking place in the country.” [New York Times, 8/20/2002] Shortly after Rumsfeld’s remarks, a senior US intelligence official tells The Guardian that there is no evidence to back the defense secretary’s claims. “They are not the official guests of the government,” a second official says, adding that any al-Qaeda in the region are still “on the run.” [Guardian, 8/22/2002]
Speaking to US Marines of the 1st Marine Division at Camp Pendleton in California, Secretary of Defense Donald Rumsfeld says: “Leadership in the right direction finds followers and supporters…. It’s less important to have unanimity than it is making the right decision and doing the right thing, even though at the outset it may seem lonesome.” [Associated Press, 8/28/2002; CBS News, 8/28/2002; US Department of Defense, 8/27/2003]
Secretary of Defense Donald Rumsfeld tells Fortune magazine, “If you [worry about just] the cost, the money, Iraq is a very different situation from Afghanistan… Iraq has oil. They have financial resources.” [Financial Times, 1/16/2004]
Jeff Cohen. [Source: Jeff Cohen]Jeff Cohen, the founder of the media watchdog organization Fairness and Accuracy in Reporting (FAIR) and a former producer for MSNBC talk show host Phil Donahue, loses almost all of his airtime on the network as the Iraq invasion approaches. Cohen, once a frequent guest on MSNBC’s various opinion and commentary shows, will reflect in his 2006 book Cable News Confidential that he argued passionately against invading Iraq, using “every possible argument that might sway mainstream viewers—no real threat, cost, instability.” However, as the run-up to war progresses, he is no longer allowed on the air. He will write: “There was no room for me after MSNBC launched ‘Countdown: Iraq’—a daily one-hour show that seemed more keen on glamorizing a potential war than scrutinizing or debating it. ‘Countdown: Iraq’ featured retired colonels and generals, sometimes resembling boys with war toys as they used props, maps and glitzy graphics to spin invasion scenarios. They reminded me of pumped-up ex-football players doing pre-game analysis and diagramming plays. It was excruciating to be sidelined at MSNBC, watching so many non-debates in which myth and misinformation were served up unchallenged.” In 2008, Cohen will write: “It was bad enough to be silenced. Much worse to see that these ex-generals—many working for military corporations—were never in debates, nor asked a tough question by an anchor.” Cohen’s recollections will be bolstered by a 2008 New York Times investigation that documents a systematic, well-organized media manipulation program by the Pentagon that successfully sells the war to the media and the American public by using so-called “independent military analysts” (see April 20, 2008 and Early 2002 and Beyond). While the Times article focuses primarily on the analysts and their Pentagon handlers, Cohen says that an equal portion of blame belongs to the media outlets themselves. “The biggest villain here is not Rumsfeld nor the Pentagon,” Cohen writes. “It’s the TV networks. In the land of the First Amendment, it was their choice to shut down debate and journalism. No government agency forced MSNBC to repeatedly feature the hawkish generals unopposed. Or fire Phil Donahue. Or smear weapons expert Scott Ritter. Or blacklist former attorney general Ramsey Clark. It was top NBC/MSNBC execs, not the Feds, who imposed a quota system on the Donahue staff requiring two pro-war guests if we booked one anti-war advocate—affirmative action for hawks.… [T]he major TV networks… were not hoodwinked by a Pentagon propaganda scheme. They were willingly complicit, and have been for decades.” [Truthout (.org), 4/28/2008]
Entity Tags: Phil Donahue, Fairness and Accuracy in Reporting, Donald Rumsfeld, Jeff Cohen, New York Times, MSNBC, Scott Ritter, NBC, Ramsey Clark, US Department of Defense
Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda
Dismayed at the lack of post-invasion planning in the Defense Department (see August 2002), the Joint Chiefs of Staff advance their own proposal for a military command to govern Iraq after the overthrow of Saddam Hussein. Defense Secretary Donald Rumsfeld insists on a split between military and civilian functions; he places Undersecretary for Policy Douglas Feith in charge of planning for the civilian administration. Feith, whom CENTCOM commander Tommy Franks calls “the dumbest f_cking guy on the planet,” is an academic with no experience at administration on such a level, and will be roundly excoriated for his incompetence in handling the assignment. Author and public administration professor Alasdair Roberts will later write that beyond Feith’s lack of competence is a bureaucratic failure: the Pentagon “was simply reaching beyond its abilities.” A RAND report will later find the Defense Department “lacked experience, expertise, funding authority, local knowledge, and established contacts with other potential civilian organizations” to do the task it had set for itself. Roberts will write that the Pentagon will substitute improvisation for meticulous planning (see January 2003). [Roberts, 2008, pp. 126, 134]
US Secretary of Defense Donald Rumsfeld orders commanders to focus US and British aerial strikes in Iraq on the country’s air defense communications centers, command buildings, and fiber-optic links, in order to degrade Iraq’s air defense network. [Washington Post, 12/12/2002; Washington Post, 1/15/2003]
A CIA analyst visits Guantanamo and returns convinced that war crimes are being committed there. According to a former White House official, the analyst concludes that “if we captured some people who weren’t terrorists when we got them, they are now.” The CIA agent estimates at least more than half of the prisoners at Guantanamo do not belong there. [Guardian, 9/13/2004] John A. Gordon, Deputy National Security Adviser for combating terrorism, a former deputy director of the CIA and a retired four-star general, reads the highly critical report on Guantanamo by the CIA analyst in the early autumn of 2002. The analyst’s account of US activities at Guantanamo, he says, is “totally out of character with the American value system.” He says he also believes “that if the actions at Guantanamo ever became public, it’d be damaging to the president.” He is convinced the report is important material. “We got it up to Condi [National Security Adviser Condoleezza Rice],” he recalls. Gordon is most concerned about whether many of the prisoners at Guantanamo are not in fact innocent. “It was about how many more people are being held there that shouldn’t be,” a former White House official tells Seymour Hersh. “Have we really got the right people?” The briefing for Rice does not center on the treatment of the prisoners, but on questions of practicality: “Are we getting any intelligence? What is the process for sorting these people?” The concerns are serious enough for Rice to call a meeting at the White House with Gordon and Defense Secretary Rumsfeld. Rice allegedly says, “Let’s get the story right.” Rumsfeld seems to be agreeing and looks willing to deal with the problem. However, according to the disappointed White House official, “The Pentagon went into a full-court stall.” He says, “I was naive enough to believe that when a cabinet member says he’s going to take action, he will.” [Guardian, 9/13/2004]
Defense Secretary Donald Rumsfeld holds a “top secret” briefing on Iraq for selected Congressional members, including, among others, Senator John McCain (R-AZ). The briefing takes place in the most secure room in the Capitol, a small, windowless chamber that is ostentatiously swept for bugs before the briefing. At the outset, the lawmakers are sworn to deepest secrecy. But during the briefing, Rumsfeld tells the assembled members nothing they couldn’t learn by watching the nightly news. McCain abruptly leaves the meeting, and later says, “It was a joke.” Vice President Cheney has said that the administration doesn’t trust the 535 members of Congress not to leak classified information, and therefore they must make their decisions concerning war with Iraq without the benefit of complete intelligence briefings (see Before September 9, 2002 and After). McCain reflects the feelings of many members in expressing his aggravation with the administration. “It becomes almost insulting after a while,” he says. “Everyone that goes to them is frustrated.” Rather than give “pretend” briefings that convey little information, McCain says, President Bush should just suspend the briefings entirely. House member Robert Menendez (D-NJ) says many members are skipping the briefings entirely to avoid signing a secrecy pledge that restricts what they can and cannot talk about. Menendez, briefed earlier by National Security Adviser Condoleezza Rice and CIA Director George Tenet, says, “I heard nothing that was new, compelling, or that I have not heard before.” White House spokesman Ari Fleischer says, “The White House will continue to as fully inform as possible members of Congress, while also preserving sensitive intelligence information so no inadvertent disclosure jeopardizes sources or methods or missions.” The White House has had some success with Democrats who might be resistant to its arguments for war by choosing to give more complete briefings to a few selected Democratic leaders, including House Minority Leader Richard Gephardt (D-MO). As a result, Democratic leaders in Congress are more supportive of the push towards war than many of their rank-and-file colleagues. [Washington Post, 9/15/2002]
William Luti. [Source: Helene C. Stikkel / Defense Department]Undersecretary of Defense for Policy Douglas J. Feith and Deputy Secretary of Defense Paul Wolfowitz, both staunch neoconservatives, rename the Northern Gulf Affairs Office on the Pentagon’s fourth floor (in the seventh corridor of D Ring) the “Office of Special Plans” (OSP) and increase its four-person staff to sixteen. [Knight Ridder, 8/16/2002; Los Angeles Times, 11/24/2002; New Yorker, 5/12/2003; Inter Press Service, 8/7/2003; Tom Paine (.com), 8/27/2003; American Conservative, 12/1/2003; Mother Jones, 1/2004] William Luti, a former navy officer and ex-aide to Vice President Cheney, is put in charge of the day-to-day operations [Guardian, 7/17/2003; Mother Jones, 1/2004] , apparently at the behest of Cheney. Luti was, according to former Defense Intelligence Agency official Patrick Lang, a member of Cheney’s “shadow National Security Council.” [Middle East Policy Council, 6/2004]
Transforming NESA - Luti worked for the Near East and South Asian Affairs desk (NESA) at the Pentagon since mid-2001. Lang later describes NESA as having been “a Pentagon backwater, responsible primarily for arranging bilateral meetings with military counterparts” from various nations. Before the Afghanistan war, NESA worked closely with the Defense Intelligence Agency’s Defense Intelligence Officer (DIO) for the Near East, South Asia, and Counterterrorism. During Luti’s first months at NESA, the DIO was Bruce Hardcastle. The Pentagon dismantled the entire DIO system, partly because of friction between Luti and Hardcastle (see Early 2002). Lang will write, “The roots of the friction between Hardcastle and Luti were straightforward: Hardcastle brought with him the combined wisdom of the professional military intelligence community. The community had serious doubts about the lethality of the threat from Saddam Hussein, the terrorism links and the status of the Iraqi WMD programs. Luti could not accept this. He knew what he wanted: to bring down Saddam Hussein. Hardcastle could not accept the very idea of allowing a desired outcome to shape the results of analysis.” Luti transforms NESA into what Lang will call “a ‘de facto’ arm of the vice president’s office,” and in the process shuts Hardcastle out of NESA (and later OSP) intelligence briefings. Luti does not report to either Feith or Donald Rumsfeld, as his chain of command delineates, but to Cheney’s chief of staff, Lewis “Scooter” Libby. OSP staffer Karen Kwiatkowski later recalls being “shocked” to learn that Luti reports to Libby and not to his putative Pentagon superiors. She will say, “In one of the first staff meetings that I attended there, Bill Luti said, ‘Well, did you get that thing over to Scooter? Scooter wants this, and somebody’s got to get it over to him, and get that up to him right away.’ After the meeting, I asked one of my co-workers, who’d been there longer, ‘Who is this Scooter?’ I was told, ‘That’s Scooter Libby over at the OVP (Office of the Vice President). He’s the Vice President’s chief of staff.’ Later I came to understand that Cheney had put Luti there.” Under Luti, NESA becomes a virtual adjunct to the OSP. [Inter Press Service, 8/7/2003; Mother Jones, 1/2004; Middle East Policy Council, 6/2004]
Strong Neoconservative Influence - The Office of Special Plans is staffed with a tight group of like-minded neoconservative ideologues, who are known advocates of regime change in Iraq. Notably, the staffers have little background in intelligence or Iraqi history and culture. [Salon, 7/16/2003; Inter Press Service, 8/7/2003; American Conservative, 12/1/2003; Mother Jones, 1/2004] Some of the people associated with this office were earlier involved with the Counter Terrorism Evaluation Group, also known as the “Wurmser-Maloof” project (see Shortly After September 11, 2001). They hire “scores of temporary ‘consultants‘… including like-minded lawyers, congressional staffers, and policy wonks from the numerous right-wing think-tanks in the US capital.” Neoconservative ideologues, like Richard Perle, Michael Ledeen, and Newt Gingrich, are afforded direct input into the Office of Special Plans. [Guardian, 7/17/2003; Mother Jones, 1/2004; Vanity Fair, 7/2006, pp. 150] Kwiatkowski later says she saw Ledeen going “in and out of there (OSP) all the time.” [Vanity Fair, 7/2006, pp. 150]
Planning for Post-Saddam Iraq - The official business of Special Plans is to help plan for post-Saddam Iraq. The office’s staff members presumably “develop defense policies aimed at building an international coalition, prepare the secretary of defense and his top deputies for interagency meetings, coordinate troop-deployment orders, craft policies for dealing with prisoners of war and illegal combatants, postwar assistance and reconstruction policy planning, postwar governance, Iraqi oil infrastructure policy, postwar Iraqi property disputes, war crimes and atrocities, war-plan review and, in their spare time, prepare congressional testimony for their principals.” [Insight, 12/2/2003]
Covert Source of 'Alternative' Intelligence - But according to numerous well-placed sources, the office becomes a source for many of the administration’s prewar allegations against Iraq. It is accused of exaggerating, politicizing, and misrepresenting intelligence, which is “stovepiped” to top administration officials who use the intelligence in their policy decisions on Iraq. [Knight Ridder, 8/16/2002; Los Angeles Times, 11/24/2002; New Yorker, 5/12/2003; Inter Press Service, 8/7/2003; Tom Paine (.com), 8/27/2003; American Conservative, 12/1/2003; Mother Jones, 1/2004; Daily Telegraph, 7/11/2004; CNN, 7/11/2004]
'Top Secret' - There are very few news reports in the American mainstream media that report on the office. In fact, the office is reportedly Top Secret. [Bamford, 2004, pp. 308] “We were instructed at a staff meeting that this office was not to be discussed or explained,” Kwiatkowski will later say, “and if people in the Joint Staff, among others, asked, we were to offer no comment.” [American Conservative, 12/1/2003]
Part of a 'Separate Government,' Powell Feels - Colin Powell is said to have felt that Cheney and the neoconservatives in this “Gestapo” office had established what was essentially a separate government. [Washington Post, 4/17/2004] Powell’s former chief of staff, Larry Wilkerson, is even more blunt. “When I say ‘secret cabal,’ I mean ‘secret cabal,’ he says of the White House officials behind the OSP. He compares Cheney, Rumsfeld, and the neoconservatives to the Jacobins, the radical zealots who plunged 18th-century France into the Reign of Terror. “I see them as messianic advocates of American power from one end of the globe, much as the Jacobins in France were messianic advocates of the French Revolution. I don’t care whether utopians are Vladimir Lenin on a sealed train to Moscow or Paul Wolfowitz. You’re never going to bring utopia, and you’re going to hurt a lot of people in the process.” [Unger, 2007, pp. 299-300] Among the claims critics find most troubling about the office are:
Heavy Reliance on Intelligence from Exiles and Defectors - The office relies heavily on accounts from Iraqi exiles and defectors associated with Ahmed Chalabi’s Iraqi National Congress (INC), long considered suspect by other US intelligence agencies. [New Yorker, 5/12/2003; Salon, 7/16/2003; Guardian, 7/17/2003; Inter Press Service, 8/7/2003; Independent, 9/30/2003; Mother Jones, 1/2004] One defector in particular, code-named “Curveball,” provides as much as 98 percent of the intelligence on Iraq’s alleged arsenal of biological weapons. [CNN, 7/11/2004] Much of the information provided by the INC’s sources consists of “misleading and often faked intelligence reports,” which often flow to Special Plans and NESA directly, “sometimes through Defense Intelligence Agency debriefings of Iraqi defectors via the Defense Human Intelligence Service and sometimes through the INC’s own US-funded Intelligence Collection Program, which was overseen by the Pentagon.” [Mother Jones, 1/2004] According to Kwiatkowski, the movement of intelligence from the INC to the Office of Special Plans is facilitated by a Colonel Bruner, a former military aide to Gingrich. [Newsweek, 12/15/2003; Mother Jones, 1/2004; Salon, 3/10/2004] Bruner “was Chalabi’s handler,” Kwiatkowski will tell Mother Jones. “He would arrange meetings with Chalabi and Chalabi’s folks.” [Mother Jones, 1/2004] Kwiatkowski also finds that OSP personnel, along with DIA and CIA officials, are taking part in the debriefing of INC informants. She will recall confronting one DIA officer, John Trigilio, about the practice: “I argued with [Tregilio] after the president’s Cincinnati speech (see October 5, 2002 and October 6, 2002). I told him that the president had made a number of statements that were just not supported by the intelligence. He said that the president’s statements are supported by intelligence, and he would finally say, ‘We have sources that you don’t have.’ I took it to mean the sources that Chalabi was bringing in for debriefing… Trigilio told me he participated in a number of debriefs, conducted in hotels downtown, or wherever, of people that Chalabi brought in. These debriefs had Trigilio from OSP, but also CIA and DIA participated… If [the information] sounded good, it would go straight to the OVP or elsewhere. I don’t put it out of possibility that the information would go straight to the media because of the (media’s) close relationship with some of the neoconservatives. So this information would make it straight out into the knowledge base without waiting for intelligence [analysts] to come by with their qualifications and reservations.” [Middle East Policy Council, 6/2004]
Cherry-Picked Intelligence - The Office of Special Plans purposefully ignores intelligence that undermines the case for war while exaggerating any leads that support it. “It wasn’t intelligence—it was propaganda,” Kwiatkowski will later explain. “They’d take a little bit of intelligence, cherry-pick it, make it sound much more exciting, usually by taking it out of context, often by juxtaposition of two pieces of information that don’t belong together.” [New York Times, 10/24/2002; New Yorker, 5/12/2003; Salon, 7/16/2003; Guardian, 7/17/2003; Inter Press Service, 8/7/2003; Independent, 9/30/2003; Mother Jones, 1/2004] “At the OSP, what they were doing was looking at all the intelligence they could find on WMD. That was the focal point, picking bits and pieces that were the most inflammatory, removing any context that might have been provided in the original intelligence report, that would have caused you to have some pause in believing it or reflected doubts that the intelligence community had, so if the intelligence community had doubts, those would be left out… They would take items that had occurred many years ago, and put them in the present tense, make it seem like they occurred not many years ago… But they would not talk about the dates; they would say things like, ‘He has continued since that time’ and ‘He could do it tomorrow,’ which of course, wasn’t true… The other thing they would do would be to take unrelated events that were reported in totally unrelated ways and make connections that the intelligence community had not made. This was primarily in discussing Iraq’s activities and how they might be related to al-Qaeda or other terrorist groups that might be against us, or against Israel… These kinds of links would be made. They would be made casually, and they would be made in a calculated way to form an image that is definitely not the image that anyone reading the original reports would have. The summaries that we would see from Intelligence did not match the kinds of things that OSP was putting out. So that is what I call propaganda development. It goes beyond the manipulation of intelligence to propaganda development.” [Middle East Policy Council, 6/2004]
No Intelligence Oversight - The OSP bypasses established oversight procedures by sending its intelligence assessments directly to the White House and National Security Council without having them first vetted by a review process involving other US intelligence agencies. [New Yorker, 5/12/2003; Salon, 7/16/2003; Guardian, 7/17/2003; Mother Jones, 1/2004] The people at Special Plans are so successful at bypassing conventional procedures, in part, because their neoconservative colleagues hold key positions in several other agencies and offices. Their contacts in other agencies include: John Bolton, undersecretary of state for arms control and international security; Bolton’s adviser, David Wurmser, a former research fellow on the Middle East at the American Enterprise Institute, who was just recently working in a secret Pentagon planning unit at Douglas Feith’s office (see Shortly After September 11, 2001); Elizabeth Cheney, deputy assistant secretary of state for Near East Affairs; Stephen Hadley, the deputy national security adviser; Elliott Abrams, the National Security Council’s top Middle East aide; and Richard Perle, Newt Gingrich, James Woolsey and Kenneth Adelman of the Defense Policy Board. The office provides very little information about its work to other US intelligence offices. [Salon, 7/16/2003; Guardian, 7/17/2003; Inter Press Service, 8/7/2003]
'Stealth Organization' - Greg Thielmann, the former director of the Strategic, Proliferation and Military Affairs Office at the State Department’s Intelligence Bureau, later says of the OSP: “It was a stealth organization. They didn’t play in the intelligence community proceedings that our office participated in. When the intelligence community met as a community, there was no OSP represented in these sessions. Because, if they had done that, they would have had to subject their views to peer review. Why do that when you can send stuff right in to the vice president?” [Middle East Policy Council, 6/2004; Unger, 2007, pp. 299] Lang will say in January 2004 that what happened was fundamentally different from anything that had happened under previous presidents. Cheney’s staff and allies “behaved as though they had seized control of the government in a ‘silent coup,’” The result, according to Lang, is “a highly corrupted system of intelligence and policymaking, one twisted to serve specific group goals, ends, and beliefs held to the point of religious faith.” [Unger, 2007, pp. 301]
Pressuring Intelligence Analysts - Retired Marine Lieutenant Colonel Dale Davis, who headed the International Programs Department at the Virginia Military Institute until March 2004, and an expert on Middle East affairs, later says he believes intelligence analysts at the CIA and other agencies were pressured indirectly. Davis will say, “By creating the OSP [Office of Special Plans], Cheney was able to say, ‘Hey, look at what we’re getting out of OSP. How come you guys aren’t doing as well? What is your response to what this alternative analysis that we’re receiving from the Pentagon says?’ That’s how you do it. You pressure people indirectly.” Vincent Cannistraro, a former senior counterterrorism official with the CIA, will agree: “Over a long period of time, there was a subtle process of pressure and intimidation until people started giving them what was wanted… When the Senate Intelligence Committee interviewed, under oath, over 100 analysts, not one of them said, ‘I changed my assessment because of pressure.‘… The environment was conditioned in such a way that the analyst subtly leaned toward the conceits of the policymakers… The intelligence community was vulnerable to the aggressiveness of neoconservative policymakers, particularly at the Pentagon and at the VP’s office. As one analyst said to me, ‘You can’t fight something with nothing, and those people had something. Whether it was right or wrong, fraudulent or specious, it almost didn’t make any difference, because the policymakers believed it already, and if you didn’t have hard countervailing evidence to persuade them, then you were at a loss.’” [Middle East Policy Council, 6/2004]
Strong Pro-Israel, Anti-Arab Biases - Lastly, the people involved in Special Plans openly exhibit strong pro-Israel and anti-Arab bias. The problem, note critics, is that the analysis of intelligence is supposed to be apolitical and untainted by ideological viewpoints. [American Conservative, 12/1/2003] According to a CIA intelligence official and four members of the Senate’s Intelligence Committee, Special Plans is the group responsible for the claim Bush will make in his 2003 State of the Union address that Iraq had attempted to procure uranium from an African country (see 9:01 pm January 28, 2003). [Nation, 6/19/2003; Information Clearing House, 7/16/2003]
Personal Grudges against Intelligence Community - The OSP reflects the personal grudges and ill will of many in the Office of the Vice President against the intelligence community, in part because of the CIA’s refusal to give much weight to the claims of Chalabi and the INC. “This had been a fight for such a long period of time, where people were so dug in,” a friend of one of Vice President Cheney’s senior staffers will later reflect. A colleague of the senior staff later says, “They so believed that the CIA were wrong, they were like, ‘We want to show these f_ckers that they are wrong.’” [New Republic, 11/20/2003]
Propaganda - Kwiatkowski will later recall that the OSP generated a large amount of what she terms propaganda, in the form of “talking points” used in briefings and in press conferences. “With the talking points, many of the propagandistic bullets that were given to use in papers for our superiors to inform them—internal propaganda—many of those same phrases and assumptions and tones, I saw in Vice President Cheney’s speeches and the president’s speeches,” she will say. “So I got the impression that those talking points were not just for us, but were the core of an overall agenda for a disciplined product, beyond the Pentagon. Over at the vice president’s office and the [neoconservative news magazine] Weekly Standard, the media, and the neoconservative talking heads and that kind of thing, all on the same sheet of music.” Kwiatkowski identifies Abram Shulsky, a neoconservative academic and recent Pentagon hire, as the source of many of these talking points. [Middle East Policy Council, 6/2004]
Denials, Counter-Accusations after Public Learns of OSP - After the existence of the Office of Special Plans is revealed to the public, the Pentagon will deny that it served as a direct conduit to the White House for misleading intelligence, instead claiming that its activities had been limited to postwar plans for Iraq. [New Yorker, 5/12/2003] And a December 2003 opinion piece published in Insight magazine will call the allegations surrounding the Office of Special Plans the work of conspiracy theorists. [Insight, 12/2/2003]
Entity Tags: Colonel Bruner, Colin Powell, Abram Shulsky, Craig Unger, Office of the Vice President, David Wurmser, Elizabeth (“Liz”) Cheney, Dale Davis, Douglas Feith, Donald Rumsfeld, James Woolsey, John Trigilio, Office of Special Plans, Kenneth Adelman, Stephen J. Hadley, Vincent Cannistraro, Lawrence Wilkerson, Karen Kwiatkowski, Richard Perle, Paul Wolfowitz, Richard (“Dick”) Cheney, Newt Gingrich, Patrick Lang, Greg Thielmann, Elliott Abrams
Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence, Domestic Propaganda
In early September 2002, a group of senior Bush administration officials gathers for a secret videoconference to decide what to do with the “Lackawanna Six,” the six Yemeni-Americans living in Lackawanna, New York, who had attended an al-Qaeda training camp before 9/11. Vice President Dick Cheney and Defense Secretary Donald Rumsfeld argue that the men should be locked up indefinitely as “enemy combatants,” and thrown into a military brig with no right to trial or even to see a lawyer. The US has already done this with two other US citizens, Yaser Hamdi and Jose Padilla. According to a participant in the meeting, Cheney argues, “They are the enemy, and they’re right here in the country.” However, all six men left their basic training course early and there is no evidence any of them had carried out or even planned any terrorist acts (see April-August 2001). Attorney General John Ashcroft insists he can bring a tough criminal case against them for providing “material support” to al-Qaeda. Ashcroft wins the argument and the six men are formally charged several days later (see September 13, 2002). [Newsweek, 10/10/2007] The six men will all eventually strike plea bargains and plead guilty, saying they were essentially forced to because the government made clear that if they fought the charges they would be declared enemy combatants (see May 19, 2003).
Vice President Cheney, widely acknowledged as a master bureaucrat, uses a variety of bureaucratic strategies to craft his own foreign policy strategies, including the promotion the Office of Special Plans (OSP—see September 2002), simultaneously undercutting and marginalizing the CIA. Many senior intelligence officials have no idea that the OSP even exists. “I didn’t know about its existence,” Greg Thielmann, the director of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), will say.
Strategic Placement of Personal, Ideological Allies - Another Cheney strategy is personal placement. He moves his special adviser, neoconservative William Luti, into the OSP. Another influential neoconservative, Abram Shulsky, soon joins Luti there. A longtime associate of both Cheney and Defense Secretary Donald Rumsfeld, Stephen Cambone, becomes a special assistant to Rumsfeld (see Early 2001). Cheney now has his allies at the highest levels of the Pentagon. In Cheney’s office, chief of staff Lewis “Scooter” Libby serves as his liaison with the Pentagon. His chief counsel, David Addington, oversees Cheney’s aggressive and obsessively secretive legal staff. In the National Security Council (NSC), Stephen Hadley, Condoleezza Rice’s deputy, keeps a close eye on Rice in case she shows signs of falling back in with her old mentor, Brent Scowcroft (see August 1998). John Bolton and David Wurmser keep tabs on Colin Powell at the State Department. Cheney has John Yoo (see (After 10:00 a.m.) September 11, 2001) at the Justice Department. Not only does Cheney have highly placed loyalists in the State, Defense, and Justice Department, and in the NSC, he has vital allies in the Republican leadership in Congress.
Managing the Oval Office - Cheney handles the Oval Office himself. A Pentagon official who works closely with Cheney will later observe that President Bush handles the executive branch much as he handled the Texas Rangers baseball team: ignoring much of the daily functions, leaving most policy decisions to others and serving as a “corporate master of ceremonies, attending to the morale of the management team and focusing on narrow issues… that interested him.” Cheney becomes, in author Craig Unger’s words, “the sole framer of key issues for Bush,” the single conduit through which information reaches the president. Cheney, the Pentagon official will later say, “rendered the policy planning, development and implementation functions of the interagency system essentially irrelevant. He has, in matters he has deemed important, governed. As a matter of protocol, good manners, and constitutional deference, he has obtained the requisite ‘check-mark’ of the president, often during one-on-one meetings after a Potemkin ‘interagency process’ had run its often inconclusive course.” [Unger, 2007, pp. 249-250]
Entity Tags: Condoleezza Rice, Stephen A. Cambone, Stephen J. Hadley, Texas Rangers, William Luti, Brent Scowcroft, Abram Shulsky, Central Intelligence Agency, Office of Special Plans, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, David Wurmser, David S. Addington, Craig Unger, National Security Council, John R. Bolton, Greg Thielmann, John C. Yoo, Bureau of Intelligence and Research, George W. Bush, Donald Rumsfeld
Timeline Tags: US International Relations
During a Defense Department news briefing on Iraq, Defense Secretary Donald Rumsfeld says: “We know that they were a lot closer than any of the experts had estimated they would be with respect to [developing] a nuclear weapon. To the extent that they have kept their nuclear scientists together and working on these efforts, one has to assume they’ve not been playing tiddlywinks.” [US Department of Defense, 9/3/2002; Associated Press, 9/3/2002; United Press International, 9/3/2002]
The Bush administration invites two dozen senators from both parties to the Pentagon to discuss Iraqi policy with Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet. [New York Times, 9/7/2002]
Secretary of Defense Donald Rumsfeld appears on CBS’ Face the Nation and talks about Iraq. He tells host Bob Schieffer, “[President Bush] has decided to go to the Congress and to the United Nations later this week and make the case of what Iraq has done for 11 years. It has invaded its neighbors; it’s violated almost every single UN resolution that relates to Iraq. And against the agreement they had to disarm, they proceeded to develop weapons of mass destruction—chemical, biological and nuclear.” When asked if the government has “smoking gun” evidence that Iraq is developing nuclear weapons, Rumsfeld responds: “The smoking gun is an interesting phrase. It implies that what we’re doing here is law enforcement, that what we’re looking for is a case that we can take into a court of law and prove beyond a reasonable doubt. The problem with that is, the way one gains absolutely certainty as to whether a dictator like Saddam Hussein has a nuclear weapon is if he uses it, and that’s a little late. It’s not late if you’re interested in protecting rights of the defendant in a court of law, but it’s a quite different thing if one thinks about it.” Schieffer then asks whether or not the administration has information that has not yet been shared with the public. Rumsfeld says: “The problem we have, of course, is a real one. Intelligence, we spend billions of dollars gathering intelligence. And to do it, you have to have methods of doing it and sources from whom you get this information. And to the extent you take that intelligence and spread it out in the public record, what you do is you put people’s lives at risk, the sources of that information, because people can connect the dots there and say, well, who knew that, and then they go out and they stop people from helping us learn that type of information, or if it’s a source, a satellite or some other thing. To the extent that we reveal the information and show our capability, we then lose that capability because they find ways to deceive and deny us from gaining access to it. So there’s a very good reason for not taking all the information.” [CBS, 9/8/2002]
The White House Iraq Group (WHIG—see August 2002) launches its Iraq marketing campaign with a blitz of the Sunday morning talk shows. Vice President Dick Cheney appears on NBC (see September 8, 2002 and September 8, 2002), Secretary of State Colin Powell on Fox (see September 8, 2002), Defense Secretary Donald Rumsfeld on CBS (see September 8, 2002), and National Security Adviser Condoleezza Rice on CNN (see September 8, 2002). Rice is the first to use the characterization, “We don’t want the smoking gun to be a mushroom cloud” (see September 4, 2002), but President Bush and his senior officials repeat the phrase over and over in the following days. Author Craig Unger will note “Cheney’s most Machiavellian flourish” in having all four officials cite “evidence” of Iraq’s nuclear program, suspicious aluminum tubes, and attribute the information to the New York Times. Cheney and the others are referring to a story by the Times’ Judith Miller and Michael Gordon (see September 8, 2002) that Iraq had tried “to buy thousands of specially designed aluminum tubes” that American experts believe could be used in centrifuges to enrich uranium for nuclear weapons. The story is attributed to “unnamed administration sources;” Miller and Gordon do not inform their readers that the story comes from Cheney’s office. In essence, Cheney planted disinformation in the New York Times, then cited the Times article to prove his contention. Gordon will later insist that he and Miller had to pry that story out of the administration, but Unger will note that it is hard to equate Gordon’s contention with four of the administration’s highest officials going on television simultaneously to spread the story and cite the Times article. Furthermore, because of the scheduling practices on the four networks, it appears that the four officials’ simultaneous appearances were arranged in advance. As the Times is the flagship newspaper of the US press, over 500 other newspapers and broadcast outlets pick up on the Times story and the officials’ appearances, giving the story tremendous visibility throughout the world. [Unger, 2007, pp. 252-254]
Entity Tags: George W. Bush, Condoleezza Rice, Colin Powell, CNN, CBS News, Craig Unger, Judith Miller, Donald Rumsfeld, Richard (“Dick”) Cheney, NBC News, New York Times, Michael Gordon, White House Iraq Group, Fox News
Timeline Tags: Events Leading to Iraq Invasion
In an appearance on Good Morning America with Charlie Gibson, Rumsfeld dismisses the notion that the administration needs to disclose evidence about Iraq’s banned weapons to the public before going to war. Gibson asks: “One of the seminal moments of my life was when John Kennedy went on television and showed satellite photos of Soviet missiles on Cuban soil. Isn’t it going to take—and do you have that kind of direct evidence?” In response, Rumsfeld states: “You know, the idea of direct evidence is not like a court of law under Article 3 of our Constitution where your goal is to punish somebody for doing something wrong. That really isn’t the case here. This is self defense, and the United States task is to see that we don’t allow an event to happen that then one has to punish someone.” Gibson then follows with another question: “But you can’t go to war without American public support and I’m asking don’t you need that kind of direct evidence? Or do you have it, to get the American public support or to get a coalition?” Rumsfeld replies: “The evidence is certainly there. The President has to decide what precisely he believes is the best approach. And one thing he’d say is, the one course of action that’s not acceptable is doing nothing.” [Financial Times, 9/11/2002; US Department of Defense, 9/11/2002]
During a media roundtable discussion with the BBC And Voice Of America, Secretary of Defense Donald Rumsfeld says: “Think of the faces in Afghanistan when the people were liberated, when they moved out in the streets and they started singing and flying kites and women went to school and people were able to function and other countries were able to start interacting with them. That’s what would happen in Iraq.” [US Department of Defense, 9/13/2002]
Two days before the CIA is to issue an assessment (see August 2002) on Iraq’s supposed links to militant Islamic groups, Defense Department officials working in the Office of Special Plans (OSP) deliver a briefing in the White House to several top officials, including I. Lewis Libby, Vice President Dick Cheney’s chief of staff, and Deputy National Security Adviser Stephen Hadley. The briefing is entitled “Assessing the Relationship between Iraq and al-Qaeda,” and is an updated version of a briefing presented in July 2002 (see July 25, 2002). The OSP, working under Undersecretary of Defense for Policy Douglas J. Feith, is aggressively promoting any evidence it can find to support a decision to invade Iraq (see September 2002).
The briefing claims that the relationship between Iraq and al-Qaeda is “mature” and “symbiotic,” and marked by shared interests.
It lists cooperation in 10 categories, or “multiple areas of cooperation,” including training, financing, and logistics. [Savage, 2007, pp. 292; New York Times, 4/6/2007; Washington Post, 4/6/2007]
An alleged 2001 meeting in Prague between an Iraqi spy and 9/11 hijacker Mohamed Atta is listed as one of eight “Known Iraq-Al-Qaeda Contacts.” It claims that there is a “known contact” between Atta and the Iraqi intelligence agency, a claim already rejected by the CIA. [Savage, 2007, pp. 293; Washington Post, 4/6/2007]
The briefing claims that “Fragmentary reporting points to possible Iraqi involvement not only in 9/11 but also in previous al-Qaeda attacks.” [Washington Post, 4/6/2007]
It includes a slide criticizing the rest of the US intelligence community, which says there are “fundamental problems” with CIA intelligence gathering methods. It claims other intelligence agencies assume “that secularists and Islamists will not cooperate, even when they have common interests,” and there is a “consistent underestimation of importance that would be attached by Iraq and al-Qaeda to hiding a relationship.” [Daily Telegraph, 7/11/2004; Newsweek, 7/19/2004; Savage, 2007, pp. 293; Washington Post, 4/6/2007]
Around the same time, the briefing is also presented with slight variations to Defense Secretary Donald Rumsfeld and CIA Director George Tenet. The slide criticizing other intelligence agencies is excluded when a version of the briefing is given to Tenet. A later report by the Defense Department’s Office of Inspector General will conclude the briefing was entirely incorrect and deliberately ignored intelligence by the CIA, DIA, and other intelligence agencies that contradicted its conclusions (see February 9, 2007). [Washington Post, 4/6/2007] The CIA has already found the majority of the information in the presentation either completely false or largely unsupported by reliable evidence. [Savage, 2007, pp. 293]
Unusual Briefing - This briefing, delivered at the same time the White House is pressing Congress to authorize the upcoming war with Iraq (see October 11, 2002), is, in the words of author and reporter Charlie Savage, “highly unusual.” Usually, high-level administration officials making national security decisions rely on information vetted by top-flight analysts at the CIA, in order to ensure the information is as accurate and politically neutral as possible. No CIA analyst has ever found a meaningful link between Hussein and al-Qaeda; the few reports of such claims were seen as highly dubious. But Cheney and his supporters consider the CIA slow, pedantic, and incompetent, and believe Feith’s OSP can provide better—or at least more amenable—intelligence. Savage will write: “In Feith’s shop and elsewhere in the executive branch, neoconservative political appointees stitched together raw intelligence reports, often of dubious credibility, without any vetting or analysis by professional intelligence specialists. The officials cherry-picked the files for reports that supported the notion that Iraq had an active [WMD] program and that it was working hand-in-hand with al-Qaeda, ‘stovepiping’ such reports to top decision makers (and leaking them to the press) while discounting any skepticism mounted by the professionals.” [Savage, 2007, pp. 292]
Dismantling Intelligence Filtering System in Favor of Politically Controlled Intelligence Provisions - What the presentation accomplishes, according to former CIA intelligence analyst Kenneth Pollock, is to support a conclusion already drawn—the need to get rid of Saddam Hussein—by using slanted, altered, and sometimes entirely fabricated “intelligence.” The White House proceeded to “dismantle the existing filtering process that for 50 years had been preventing the policymakers from getting bad information.” Savage goes one step farther. He will write that the presentation is part of a larger White House strategy to alter the balance of power between the presidency and a key element of the bureaucracy. By setting up a politically controlled alternative intelligence filtering system, he will write, “the administration succeeded in diminishing the power of the CIA’s information bureaucracy to check the White House’s desired course of action.” [Savage, 2007, pp. 294]
Defense Secretary Donald Rumsfeld warns the House Armed Services Committee of the serious and imminent threat that Saddam Hussein poses to Western countries. He says: “No terrorist state poses a greater and more immediate threat to the security of our people and the stability of the world than the regime of Saddam Hussein.” He adds: “What has not changed is Iraq’s drive to acquire those weapons of mass destruction, and the fact that every approach that the United Nations has taken to stop Iraq’s drive has failed. This is a critical moment for our country and for the world. Our resolve is being put to the test. It is a test unfortunately the world’s free nations have failed before in recent history with unfortunate consequences.” [US Congress, 9/18/2002; Daily Telegraph, 9/19/2002; Agence France-Presse, 9/19/2002] Rumsfeld says of Iraq’s putative nuclear weapons program, “Some have argued that the nuclear threat from Iraq is not imminent—that Saddam [Hussein] is at least 5-7 years away from having nuclear weapons. I would not be so certain…. He has, at this moment, stockpiles of chemical and biological weapons, and is pursuing nuclear weapons.” [Salon, 3/6/2004] The Secretary of Defense also says that Congress must authorize the president to use military force against Iraq before the Security Council votes on the issue. “Delaying a vote in the Congress would send a message that the US may be unprepared to take a stand, just as we are asking the international community to take a stand and as we are cautioning the Iraqi regime to consider its options,” argues Rumsfeld, adding, “Our job today—the president’s, the Congress’ and the United Nations’—is to… anticipate vastly more lethal attacks before they happen and to make the right decision as to whether or not it’s appropriate for this country to take action…. The goal is not inspections, the goal is disarmament.” [US Congress, 9/18/2002; Associated Press, 9/19/2002] He also tries to discredit Iraq’s September 16, 2002 (see September 16, 2002), offer to admit UN inspectors without conditions. He says: “There’s no doubt in my mind but that the inspection program that currently is on the books wouldn’t work because it’s so much weaker than the earlier one. The more inspectors that are in there, the less likely something is going to happen. The longer nothing happens, the more advanced their weapons programs go along.” [US Congress, 9/18/2002] Rumsfeld is drastically revising his own stance from over a year before, when he told an interviewer on February 12, 2001, that Iraq was “probably not a nuclear threat” (see February 12, 2001).
Secretary of Defense Donald Rumsfeld is subjected to intense questioning by Senator Robert Byrd about the United States’ role in providing Iraq with the materials for its chemical and biological weapons and Rumsfeld’s December 20, 1983 visit to Baghdad (see December 20, 1983). [US Congress, 9/20/2002]
Byrd - “Mr. Secretary, to your knowledge, did the United States help Iraq to acquire the building blocks of biological weapons during the Iran-Iraq War? Are we, in fact, now facing the possibility of reaping what we have sown?” [US Congress, 9/20/2002]
Rumsfeld - “Certainly not to my knowledge. I have no knowledge of United States companies or government being involved in assisting Iraq develop chemical, biological or nuclear weapons.” [US Congress, 9/20/2002]
Byrd - “[After reading Mr. Rumsfeld excerpts from a Newsweek article] Let me ask you again: Did the United States help Iraq to acquire the building blocks of biological weapons during the Iran-Iraq War? Are we, in fact, now facing the possibility of reaping what we have sown?” [US Congress, 9/20/2002]
Rumsfeld - “I have not read the article…. I was, for a period in late ‘83 and early ‘84, asked by President Reagan to serve as Middle East envoy after the Marines—241 Marines were killed in Beirut. As part of my responsibilities I did visit Baghdad. I did meet with Mr. Tariq Aziz. And I did meet with Saddam Hussein and spent some time visiting with them about the war they were engaged in with Iran. At the time our concern, of course, was Syria and Syria’s role in Lebanon and Lebanon’s role in the Middle East and the terrorist acts that were taking place. As a private citizen I was assisting only for a period of months. I have never heard anything like what you’ve read, I have no knowledge of it whatsoever, and I doubt it.” [US Congress, 9/20/2002]
Deputy National Security Adviser Stephen J. Hadley convenes a meeting in the White House Situation Room to discuss Iraq with Colin Powell, George Tenet, and Donald Rumsfeld. The White House wants to be sure they are all on the same page when they testify before Congress next week. When a CIA officer notes that the alleged ties between Iraq and al-Qaeda are not supported by current intelligence, Douglas Feith cuts in insisting that Mohamed Atta had met an Iraqi agent in Prague, and that the director of Iraqi intelligence had met with Osama bin Laden in 1996. Both theories have been dismissed by the intelligence community. After a few minutes, Hadley cuts him off and tells him to sit down. [Isikoff and Corn, 2006, pp. 113-114]
National Public Radio (NPR) learns of the administration’s tough approach to what it calls a pattern of information leaks from Congress and government employees. The FBI is investigating a number of Congressmen who are suspected of leaking information about the administration’s Iraq policies to the press (regardless of the presumption that members of Congress have the right to reveal unclassified information as they see fit), but the administration wants more from the FBI than questioning legislators. The administration is pushing the FBI to administer lie detector tests to legislators and federal employees it suspects of talking to reporters. Defense Secretary Donald Rumsfeld wants to jail leakers who work for the government. And one of Rumsfeld’s analysts has suggested that police SWAT teams be sent to reporters’ homes to help find leakers. [Unger, 2007, pp. 256] By August 2002, the FBI also questioned nearly all senators and congresspeople making up the 9/11 Congressional Inquiry to uncover which one of them leaked information to the press (see August 2, 2002).
Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. [Vanity Fair, 5/2008]
Entity Tags: William J. Haynes, US Department of Justice, Mohamed al-Khatani, Michael E. Dunlavey, David S. Addington, Diane E. Beaver, Central Intelligence Agency, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Donald Rumsfeld, John Rizzo, George W. Bush
Timeline Tags: Torture of US Captives, Civil Liberties
A wanted poster for Abu Musab al-Zarqawi posted by the US military in Iraq. [Source: US Department of Defense]Defense Secretary Donald Rumsfeld claims the US government has “bulletproof” confirmation of ties between the Iraqi government and al-Qaeda members, including “solid evidence” that al-Qaeda maintains a presence in Iraq. The allegation refers to Abu Musab al-Zarqawi, a Jordanian-born Palestinian who is the founder of al-Tawhid, an organization whose aim is to kill Jews and install an Islamic regime in Jordan (see December 2001-Mid-2002). Rumsfeld’s statement is based on intercepted telephone calls in which al-Zarqawi was overheard calling friends or relatives. But Knight Ridder Newspapers reports that, according to US intelligence officials, “The intercepts provide no evidence that the suspected terrorist was working with the Iraqi regime or that he was working on a terrorist operation while he was in Iraq.” [Knight Ridder, 10/7/2002] Two years later, Rumsfeld will back away from his allegation after it is disproven (see October 4, 2004).
Defense Secretary Donald Rumsfeld says the link between al-Qaeda and Iraq is “accurate and not debatable.” He also claims that President Bush has not yet made any decision on possible military action against Iraq. [American Forces Press Service, 9/27/2002]
Gen. Rick Baccus is relieved of his duties at Guantanamo and also as an officer in the Rhode Island National Guard. With regard to the latter position, his commanding officer in the Rhode Island National Guard, Maj. Gen. Reginald Centracchio, says he has fired him for reasons that “culminated in my losing trust and confidence in him.” One of those reasons, a National Guard spokesman says, is failing to keep headquarters up to date with reports on the well-being of troops. Baccus denies the allegation and expresses surprise. “I’m a little amazed that after being deployed for seven months, separated from my wife, family, and my job and being called to active duty, this is the kind of reception I’m getting.” [Guardian, 10/16/2002] In response to the allegation that his treatment of prisoners made it more difficult for the interrogators, Baccus states that “in no instance did I interfere with interrogations.” [Guardian, 10/16/2002] Paradoxically, this is exactly what the Pentagon is planning to change. Baccus’s sacking coincides with the merger of his Joint Task Force (JTF) 160 with military intelligence unit JTF-170 into a new JTF-GTMO. By doing this Rumsfeld will give military intelligence control of all aspects of the camp, including the MPs. [Newsweek, 5/24/2004] Military police, now called the Joint Detention Operations Group (JDOG), and the Joint Intelligence Group report directly to the commander of JTF-GTMO. The MPs are fully incorporated into a joint effort of extracting information from prisoners. Vice Admiral Albert T. Church III, naval inspector general, will later describe the arrangement during a press briefing in May 2004: “They monitor the detainees, they monitor their behavior, they monitor who the leaders are, who the followers are, they monitor what is said and they ask for an interpreter if there’s a lot of conversation going on. They’ll know eating habits, and they’ll record this in a management information system, which could be useful to the intelligence group, during the interrogations.” [US Department of Defense, 5/12/2004]
Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. [New Yorker, 2/27/2006]
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” [Vanity Fair, 5/2008]
Entity Tags: Michael E. Dunlavey, Donald Rumsfeld, Diane E. Beaver, Defense Intelligence Agency, David S. Addington, Alberto Mora, Geneva Conventions, Judge Advocate General School, US Department of Defense, US Department of the Army, Phillippe Sands, Joint Chiefs of Staff, US Southern Command
Timeline Tags: Torture of US Captives, Civil Liberties
The New York Times publishes an article by Eric Schmitt and Thom Shanker exposing the Pentagon’s Office of Special Plans (see September 2002). The office had already been described in a Knight Ridder Newspapers article published on August 16, 2002. But Knight Ridder is not as well read, and the New York Times publishes its article on the front page. [Knight Ridder, 8/16/2002; New York Times, 10/24/2002] The article states that Defense Secretary Donald “Rumsfeld and his senior advisers have assigned a small intelligence unit to search for information on Iraq’s hostile intentions or links to terrorists that the nation’s spy agencies may have overlooked.” It notes that “the view among even some senior intelligence analysts at the Central Intelligence Agency is that Mr. Hussein is contained and is unlikely to unleash weapons of mass destruction unless he is attacked.” [New York Times, 10/24/2002] But there is little follow-up reporting by major media outlets. In 2004, the New York Review of Books will discuss this article and comment: “As such reports show, [the Office of Special Plans] was widely known before the war. With many analysts prepared to discuss the competing claims over the intelligence on Iraq, the press was in a good position to educate the public on the administration’s justifications for war. Yet for the most part, it never did so.” [New York Review of Books, 2/26/2004]
Concurrent with the New York Times’s revelation of the existence of the Office of Special Plans (OSP—see October 24, 2002), Defense Secretary Donald Rumsfeld announces the existence of a similar operation, the Counter-Terrorism Evaluation Group (CTEG—see Shortly After September 11, 2001). CTEG has been absorbed into the OSP by this point. The Washington Post will call CTEG “a small team of defense officials outside regular intelligence channels to focus on unearthing details about Iraqi ties with al-Qaeda and other terrorist networks.” The unveiling of CTEG coincides with Rumsfeld’s move to take over the financing and management of an outside project, the “Information Collection Project,” sponsored by the Iraqi National Congress and one of CTEG’s primary sources of information. Before now, the State Department had financed and overseen the INC project, and had grown increasingly reluctant to maintain what Defense Intelligence Agency official Patrick Lang later calls an “off the reservation” intelligence operation (see September 15, 2001). Rumsfeld tells reporters, “Any suggestion that [CTEG is] an intelligence-gathering activity or an intelligence unit of some sort, I think would be a misunderstanding of it.” Rumsfeld’s assertion is contradicted by former CIA case officer, enthusiastic neoconservative, and CTEG consultant Reuel Marc Gerecht, who describes the intelligence-gathering mission of CTEG: “The Pentagon is setting up the capability to assess information on Iraq in areas that in the past might have been the realm of the agency (CIA). They don’t think the product they receive from the agency is always what it should be.” [Middle East Policy Council, 6/2004]
Former Central Command (CENTCOM) commander General Anthony Zinni, a critic of the push for war with Iraq (see October 10, 2002), says that he “bristle[s] against ideas of small forces” in any possible invasion of Iraq, directly contradicting Defense Secretary Donald Rumsfeld’s constant exhortation to “do it smaller.” The US will need to maintain order in Iraq during a lengthy and fractious period of transition to self-rule, Zinni warns, and to do that properly will require a large number of troops. [Roberts, 2008, pp. 141] Zinni publicly spoke out against the invasion earlier in the month (see October 10, 2002).
Kamal Derwish. [Source: PBS]The revelation that the US killed Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002 and November 5, 2002) sparks a debate about the morality and legality of remote attacks outside of war zones. The Bush administration had previously criticized Israel’s policy of “targeted killings” of Palestinian militants. Newsweek comments, “A State Department spokesman bobbed and weaved and tried to draw distinctions. But, privately, administration officials say the difference is really one of scale and frequency.” [Newsweek, 11/11/2002] Many international lawyers and some foreign governments question the legality of the assassination. [Guardian, 11/6/2002] For decades, the US government has been prohibited from conducting assassinations. The Bush administration says it still adheres to that policy but makes an exception for “enemy combatants” such as al-Qaeda leaders. In December 2002, it will be revealed that President Bush approved a secret “high-value target list” of about two dozen terrorist leaders, giving the CIA basic executive and legal authority to either kill or capture those in the list. The CIA is also empowered to capture or kill terrorists not mentioned in the list (see September 17, 2001). [New York Times, 12/15/2002] Additional controversy is generated when it is discovered that US citizen Kamal Derwish was one of those killed in the strike. Derwish is alleged to have been connected to an al-Qaeda cell in Buffalo, New York. US officials say the CIA has the legal authority to target and kill US citizens it believes are working for al-Qaeda (see July 22, 2002). [Associated Press, 12/3/2002] The New Yorker reveals that there were two planned Predator strikes in Yemen called off at the last minute that turned out to be aimed at innocent people instead of al-Harethi. One recently retired Special Forces operative who served on high-level planning staffs at the Pentagon warns that the civilians running the military are no longer trying to “avoid the gray area.” Defense Secretary Donald Rumsfeld is reportedly behind the effort to use the CIA and special forces for more remote killings (see July 22, 2002). One former high-level intelligence officer complains, “They want to turn these guys into assassins. They want to go on rumors—not facts—and go for political effect, and that’s what the Special Forces Command is really afraid of.” [New Yorker, 12/16/2002] Noting that in its battle against al-Qaeda, the US has effectively deemed the entire planet a combat zone, Scott Silliman, director of Duke University’s Center on Law, Ethics and National Security says, “Could you put a Hellfire missile into a car in Washington, DC?…The answer is yes, you could.” But National Security Adviser Condoleezza Rice says, “No constitutional questions are raised here.” [Chicago Tribune, 11/24/2002; Associated Press, 12/3/2002]
Secretary of Defense Donald Rumsfeld says that if there is to be a war with Iraq, it will be short and relatively painless: “The idea that it’s going to be a long, long, long battle of some kind, I think is belied by the fact of what happened in 1990 (see August 7, 1990). Five days or five weeks or five months, but it certainly isn’t going to last any longer than that. It won’t be a World War III.”
Invasion about Iraqi WMDs, Not Oil - Rumsfeld refuses to say directly what the US will do if Iraq uses chemical or biological weapons on US invasion forces: “The United States government, the president and others, are communicating with people in Iraq, in the military, very forcefully that they ought not to use those weapons. Anyone in any way connected with weapons of mass destruction and their use will be held accountable, and people who helped avoid that would be advantaged.” If UN weapons inspectors find no weapons of mass destruction, Rumsfeld says that would prove only that “the inspections process had been successfully defeated by the Iraqis.” The upcoming invasion is entirely about WMD, he insists: “It has nothing to do with oil, literally nothing to do with oil. It has nothing to do with the religion.” [US Department of Defense, 11/14/2002; CBS News, 11/15/2002; Unger, 2007, pp. 267-268]
Iraq and 9/11 - Rumsfeld then directly conflates the upcoming invasion with September 11. Interviewer Steve Kroft asks how he would explain the invasion to a family whose son or daughter is in the military and about to be placed in harm’s way. Rumsfeld replies: “What would I say to you? Well, I would look you in the eye and I would say, go back before September 11th and ask yourself this question, was the attack that took place on September 11th an imminent threat the month before, or two months before, or three months before, or six months before? When did the attack on September 11th become an imminent threat? When was it sufficiently dangerous to our country that had we known about it that we could have stepped up and stopped it and saved 3,000 lives? Now, transport yourself forward a year, two years, or a week, or a month, and if Saddam Hussein were to take his weapons of mass destruction and transfer them, either use them himself, or transfer them to the al-Qaeda, and somehow the al-Qaeda were to engage in an attack on the United States, or an attack on US forces overseas, with a weapon of mass destruction you’re not talking about 300, or 3,000 people potentially being killed, but 30,000, or 100,000 of human beings. So the question is, when is it such an immediate threat that you must do something, is a tough question. But if you think about it, it’s the nexus, the connection, the relationship between terrorist states and weapons of mass destruction with terrorist networks that has changed our lives, and changed the security environment in the world.… Our task, your task as a mother, and as a citizen, as a voter, and my task, is to try to connect the dots before something happens, not afterwards. People say, well where’s the smoking gun? Well, we don’t want to see a smoking gun from a weapon of mass destruction.” [US Department of Defense, 11/14/2002]
US and British warplanes attack sites northeast of Mosul after Iraqi
defense forces fire anti-aircraft artillery at coalition aircraft patrolling the so-called “no-fly” zones. In a separate incident, warplanes attack two Iraqi air defense communications facilities and one air defense radar site in southern Iraq in Wassit and Dhi Oar after “Iraqi air defenses fired multiple surface-to-air missiles and anti-aircraft artillery at coalition aircraft.” [New York Times, 11/19/2002; Scotsman, 11/19/2002; Reuters, 11/19/2002; Associated Press, 11/20/2002] According to Iraqi authorities, four Iraqi civilians were wounded as a result of the attacks in southern Iraq. [Associated Press, 11/20/2002] White House spokesperson Scott McClellan says in a press briefing, “The United States believes that firing upon our aircraft in the no-fly zone, or British aircraft, is a violation—it is a material breach.” [White House, 11/18/2002; New York Times, 11/19/2002] And Defense Secretary Donald Rumsfeld, who is in Chile, says: “I do find it unacceptable that Iraq fires. It is for the president of the United States and the UN Security Council to make judgments about their view of Iraq’s behavior over a period of time.” [Daily Telegraph, 11/19/2002; New York Times, 11/19/2002; CNN, 11/23/2002] This is the second time the US has bombed Iraq since the passing of UN resolution 1441 (see November 8, 2002). The US will conduct at least 22 more aerial attacks on Iraq before the March 19, 2003 invasion. [Colorado Campaign for Middle East Peace, 1/11/2006] UN officials disagree with Washington’s assessment. Secretary-General Kofi Annan states, “Let me say that I don’t think that the council will say this is in contravention of the resolution of the Security Council.” [Reuters, 11/19/2002] Responding to Annan’s remarks, Rumsfeld argues, “I don’t know that he (Annan) necessarily reflects the UN, the center of gravity of the Security Council, on any particular issue at any particular time…. Whenever resolutions are passed, they tend to be compromises, and there tend to be calculated ambiguities written into them to gain votes. So it does not come as a surprise to me…. The United Nations sat there for years with 16 resolutions being violated. So, just as we’ve seen a pattern of behavior on the part of Saddam Hussein, we’ve seen a pattern of behavior on the part of the United Nations.” [US Department of Defense, 11/19/2002; CNN, 11/19/2002] No comments supporting the US position are made by the British. [Daily Telegraph, 11/19/2002]
A NATO summit is convened in Prague to welcome the Eastern European states of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia, who will become members of the alliance in 2004. These seven countries, along with Albania, Croatia and Macedonia, release a statement [New York Times, 11/22/2002] , which says, “NATO allies stand united in their commitment to take effective action to assist and support the efforts of the UN to ensure full and immediate compliance by Iraq, without conditions or restrictions, with UN [Resolution] 1441 (see November 8, 2002).” [Daily Telegraph, 11/22/2002] The statement also says, “[W]e are prepared to contribute to an international coalition to enforce its provisions and the disarmament of Iraq.” [New York Times, 11/22/2002] Bruce Jackson, a former US Defense Department official who heads the Committee for the Liberation of Iraq, helps draft the statement. France also releases a statement, which is a bit less confrontational. [Agence France-Presse, 11/20/2002] A French official explains to the London Telegraph that the Eastern states’ statement was “his [Bush’s] own interpretation [of UN Resolution 1441] and we do not share it. On December 8, we will take note of what Iraq says it has… and we will see if its behavior is consistent with its statement.” Germany remains opposed to the use of military force. [Daily Telegraph, 11/22/2002] German Foreign Minister Joschka Fischer tells reporters, “We are against military action. We don’t support military action. We want the possibility not to become the reality.” [New York Times, 11/22/2002] On the night of November 21, in an interview with Dan Rather of CBS News, Secretary of State Colin Powell also makes the US position clear. He says, “If the [December 8] declaration is patently false and everybody can see it. If he does not let the inspectors do their job, then the president is fully ready to take the necessary step, which is military force.” [Evening News With Dan Rather, 11/21/2002] Secretary of Defense Donald Rumsfeld is also in town for the summit. Before he leaves Prague to meet with Slovak Prime Minister Mikulas Dzurinda in Slovakia, he says he will not believe Iraq if its declaration claims Iraq has no weapons of mass destruction. [Associated Press, 11/22/2002]
The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” [Vanity Fair, 5/2008]
Eighteen international arms monitors, including 12 inspectors from the UN Monitoring, Verification and Inspection Commission and 8 from the International Atomic Energy Agency in Vienna, arrive in Baghdad with their cargo of high-tech sensors, computers and other gear. [Independent, 11/24/2002; Associated Press, 11/25/2002; New York Times, 11/25/2002]
Make-up of Inspection Team - The complete roster of UN inspectors expected to participate in the inspections includes some 300 chemists, biologists, missile and ordnance experts and other specialists of UNMOVIC, as well as a few dozen engineers and physicists from the IAEA. Hans Blix of UNMOVIC will head the effort to search for chemical and biological weapons and Jacques Baute of the UN’s International Atomic Energy Agency will lead the team seeking to determine if Iraq has reconstituted its nuclear weapons program. [Associated Press, 11/25/2002]
Purpose of Inspections - The stated purpose of the inspections, according to the UN resolution, is to bring “to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council.” [United Nations, 11/9/2002] However, since the passing of the resolution the Bush administration has maintained that the purpose of inspections is much broader. For instance, US Secretary of State Donald Rumsfeld will claim in January that inspectors are not to act as “discoverers” trying to locate things. Rather the purpose of the inspections, according to Rumsfeld, is to determine whether Iraq is cooperating. [BBC, 1/22/2003]
Methods - The inspectors will “revisit the previously monitored sites to check if the equipment installed [by the previous weapons inspectors] is still functional,” explains a UN spokesperson. “It will take some time to do that work. We can’t rule out other activities, but it’s quite likely we will start with that.” Inspectors also says that they will not immediately conduct “intrusive” inspections into Iraq’s more sensitive areas. As an aide to Hans Blix explains to The Washington Post, “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspections teams will also investigate new sites that the US and Britain allege are involved in the development of weapons of mass destruction. Inspectors will have the option to interview Iraqi scientists without the presence of Iraqi officials. The interviews may be conducted outside of Iraq. [Washington Post, 11/23/2002]
Former Democratic congressman Lee Hamilton is considered by his party for the position of vice chairman of the 9/11 Commission, but does not get the appointment, which goes to former Senator George Mitchell (see November 27, 2002). Hamilton, who is nonetheless appointed to the Commission as an ordinary member, is rejected as vice chairman by Senate Minority Leader Tom Daschle and other leading Democrats because he is seen as too soft on Republicans—he lacks “a taste for partisan fights,” and seems “always to assume the best about people, Republicans included.” He is also friends with two of the investigation’s targets, Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, who he calls “Dick” and “Don,” and Cheney’s White House counsel, David Addington. He got to know Cheney during the Iran-Contra investigation, when Cheney was the ranking Republican on the committee and Hamilton failed to distinguish himself (see Mid-1980s), as he did over the “October Surprise” affair (see 1992-January 1993). Author Philip Shenon will comment, “While [Hamilton] might disagree with Cheney and Rumsfeld on policy, Hamilton trusted both men always to tell the truth.” [Shenon, 2008, pp. 32-33] However, Mitchell will subsequently resign and Hamilton will replace him as vice chairman (see December 11, 2002). In this role Hamilton will have good relations with the Bush White House (see March 2003-July 2004 and Early July 2004).
James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” [Human Rights Watch, 8/19/2004] Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Vanity Fair, 5/2008]
Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. [Associated Press, 6/23/2004] He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. [New York Times, 8/25/2004] The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. [MSNBC, 6/23/2004]
Iraq reiterates its claim that it has no weapons of mass destruction in the country, foreshadowing the content of its formal declaration, which is due in five days. Responding to the statement, US Secretary of Defense Donald Rumsfeld says, “Any country on the face of the earth with an active intelligence program knows that Iraq has weapons of mass destruction.” And President Bush says, “He [Saddam Hussein] says he won’t have weapons of mass destruction; he’s got them.” [BBC, 12/4/2002]
In a news briefing, Donald Rumsfeld says, “You can’t expect people to go into a country that is just enormous, with all that real estate and all that underground facilities and all of these people monitoring everything—everything anyone is doing—and expect them to engage in a discovery process and turn up something somebody is determined for them not to turn up. If you go back and look at the history of inspections in Iraq, the reality is that things have been found not by discovery, but through defectors… and you get the kind of information that means the game is up.” [US Department of Defense, 12/3/2002; United Press International, 12/4/2002]
White House Press Secretary Ari Fleischer says: “The president of the United States and the Secretary of Defense would not assert as plainly and bluntly as they have that Iraq has weapons of mass destruction if it was not true, and if they did not have a solid basis for saying it.” When pressed for details, he adds: “President Bush has said Iraq has weapons of mass destruction. Tony Blair has said Iraq has weapons of mass destruction. Donald Rumsfeld has said Iraq has weapons of mass destruction. Richard Butler has said they do. The United Nations has said they do. The experts have said they do. Iraq says they don’t. You can choose who you want to believe.” [CBC News, 12/5/2002; Associated Press, 12/5/2003]
US Secretary of Defense Donald Rumsfeld sends President Bush a memo requesting authority to appoint US Strategic Command (STRATCOM) commander Adm. James O. Ellis Jr. in charge of all of the United States’ “strategic” warfare options to combat terrorist states and organizations. By giving STRATCOM warplanners jurisdiction over the full range of the country’s warfare options, the president would effectively remove a decades-old firewall between conventional and nuclear weapons which had served to prevent nuclear arms from being anything but a weapon of last resort. According to William Arkin, a columnist for the Bulletin of the Atomic Scientists, the request, if approved, would remove “nuclear weapons out of their long-established special category and [lump] them in with all the other military options.” Bush approves the request early the following month (see Early January 2003). [Los Angeles Times, 1/26/2003 Sources: Unnamed senior military officials at US Central Command, Memo obtained by the LA Times]
When asked to comment on the current situation in Afghanistan, Defense Secretary Rumsfeld replies, “It is encouraging. They have elected a government through the Loya Jirga process. The Taliban are gone. The al-Qaeda are gone.” [CNN, 12/18/2002] In May 2003, Rumsfeld will prematurely declare that the conflict in Afghanistan is over (see May 1, 2003).
Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]
Secretary of Defense Donald Rumsfeld signs a directive ordering the deployment of an additional 50,000 reinforcements to the Persian Gulf region. The order includes some 4,000 soldiers from the Third Infantry Division, who are specialists in desert warfare. Orders to deploy or prepare for deployment are also given to several naval ships and Air Force squadrons. [New York Times, 1/1/2003; London Times, 1/2/2003] Military experts tell the Guardian of London that given the amount of resources that have so far been allocated in preparation for invading Iraq, it is very unlikely that war can be avoided. An unnamed source from the neoconservative Project for the New American Century tells the newspaper, “It’s very hard for a country to mobilize for war, and not to go for war without a very serious reason. If you signal to the world that you’re serious, and you don’t do anything, then you’re saying you’re not a serious country.” [Guardian, 12/31/2001]
The Bush administration tries to convince 9/11 commissioner John Lehman that there are ties between Iraq and al-Qaeda. The attempts take place in a series of meetings at the White House and Pentagon, where Lehman meets with Vice President Dick Cheney, White House chief of staff Andy Card, Defense Secretary Donald Rumsfeld, and Deputy Defense Secretary Paul Wolfowitz. Lehman, a prominent Republican, was previously frozen out of politics by the administration due to his ties to John McCain, who ran for the Republican presidential nomination against George W. Bush in 2000. However, the administration officials encourage the meetings when they see Lehman is interested in the alleged connection between Iraq and Osama bin Laden, in the hopes that he will use his position on the 9/11 Commission to draw attention to the allegations. However, the White House says it cannot share all the intelligence it has about the ties, because it is too classified. Nevertheless, Lehman can take it on faith that the intelligence exists. Wolfowitz tells him, “Just wait until you see the evidence we’ve got.” Lehman will later say: “I got that from everybody I talked to: ‘Wait and see, just wait until you see the evidence.’” After it becomes clear to Lehman the alleged links are non-existent, he will comment, “I think they were all drinking their own bathwater.” [Shenon, 2008, pp. 178-180]
US military commanders in Afghanistan request clarification and guidance from CENTCOM and the Joint Chiefs of Staff as to what interrogation techniques they can use against detainees in US custody. The commanders describe the techniques currently being employed and recommend that they be approved as official policy for Afghanistan operations. Some of the techniques had been approved by Defense Secretary Donald Rumsfeld for Guantanamo exclusively (see December 2, 2002); others had been rescinded altogether. Those officials ignore the request. After a time, the military commanders in Afghanistan will decide that “silence is consent,” and will adopt the techniques being used as “official policy.” [American Civil Liberties Union, 7/10/2006]
US President George Bush approves Defense Secretary Donald Rumsfeld’s December request (see December 11, 2002) to give US Strategic Command (STRATCOM) warplanners jurisdiction over the full range of the country’s warfare options, including nuclear weapons. Many senior officials are concerned, according to columnist and reporter William Arkin, “that nuclear weapons—locked away in a Pandora’s box for more than half a century—are being taken out of that lockbox and put on the shelf with everything else.” [Los Angeles Times, 1/26/2003 Sources: Unnamed senior military officials at US Central Command]
Alberto Mora, the Navy’s general counsel, learns to his dismay that the torturing and abuse of prisoners at Guantanamo Bay is continuing (see December 17-18, 2002), even after a meeting with the Pentagon’s chief counsel, William J. Haynes. Mora had hoped that Haynes would put a stop to the extreme techniques being used (see December 20, 2002). Mora has read an article in the Washington Post detailing allegations of CIA mistreatment of prisoners at Bagram Air Force Base in Afghanistan; the story notes that the director of Human Rights Watch, Kenneth Roth, believes that US officials who knew about such treatment could be charged with crimes under the doctrine of command responsibility. [Washington Post, 12/26/2002; New Yorker, 2/27/2006] The specific allegations detailed in the story closely parallel what Mora knows were authorized at Guantanamo Bay. Mora continues to argue against the intense interrogation techniques, and his arguments quickly reach the ears of top Pentagon officials such as Deputy Defense Secretary Paul Wolfowitz; Captain Jane Dalton, the legal adviser to the Joint Chiefs of Staff; Pentagon spokeswoman Victoria Clarke; and Defense Secretary Donald Rumsfeld, who had authorized harsh interrogation techniques at Guantanamo a month before (see December 2, 2002). [New Yorker, 2/27/2006]
At a press briefing, Defense Secretary Donald Rumsfeld says, “There is no doubt in my mind but that they [Iraq] currently have chemical and biological weapons.” [Associated Press, 1/7/2003]
Alberto Mora, the Navy’s general counsel, meets for a second time with Pentagon general counsel William J. Haynes, who he had tried unsuccessfully to convince to join him in opposing the use of extreme interrogation methods at Guantanamo (see December 20, 2002). Mora will write in a June 2004 memo (see July 7, 2004) that when he tells Haynes how disappointed he is that nothing has been done to stop abuse at Guantanamo, Haynes retorts that “US officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the US and save American lives. Mora acknowledges that he can imagine any number of “ticking bomb” scenarios where it might be the proper, if not the legal, thing to torture suspects. But, he asks, how many lives must be saved to justify torture? Hundreds? Thousands? Where do we draw the line? Shouldn’t there be a public debate on the issue? Mora is doubtful that anyone at Guantanamo would be involved in such a scenario, since almost all of the Guantanamo detainees have been in custody for over a year. He also warns Haynes that the legal opinions the administration is using will probably not stand up in court. If that is the case, then US officials could face criminal charges. Secretary of Defense Donald Rumsfeld could find himself in court; the presidency itself could be damaged. “Protect your client!” he says. When Haynes relates Mora’s concerns to Rumsfeld, according to a former administration official, Rumsfeld responds with jokes about how gentle the interrogation techniques are. “Torture?” he asks rhetorically. “That’s not torture!” He himself stands for up to ten hours a day, he says, and prisoners are not allowed to stand for over four. The official will recall, “His attitude was, ‘What’s the big deal?’” Mora continues to push his arguments, but, as a former Pentagon colleague will recall: “people were beginning to roll their eyes. It was like, ‘Yeah, we’ve already heard this.’” [New Yorker, 2/27/2006]
A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]
Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. [Washington File, 6/23/2004]
In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. [New York Times, 8/25/2004] He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. [MSNBC, 6/23/2004] The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. [US Department of Defense, 8/23/2004 ]
The Navy’s general counsel, Alberto Mora, is angered at the lack of response to his attempts to persuade the Pentagon to stop abusing prisoners at Guantanamo and is particularly frustrated with the Pentagon’s general counsel, William J. Haynes (see December 20, 2002 and January 9, 2003 and After). Mora decides to take a step that he knows will antagonize Haynes, who always warns subordinates never to put anything controversial in writing or in e-mail messages. Mora delivers an unsigned draft memo of his objections to Haynes, and tells him that he intends to “sign it out” that afternoon—thereby making it an official document—unless the harsh interrogation techniques at Guantanamo stop. Mora’s memo describes the interrogations at Guantanamo as “at a minimum cruel and unusual treatment, and, at worst, torture.”
'Working Group to Be Created - Haynes calls Mora later that day with good news: Defense Secretary Donald Rumsfeld is suspending his authorization of the disputed interrogation techniques (see December 2, 2002) and is appointing a “working group” of lawyers from all branches of the armed forces to develop new interrogation guidelines. Mora will be a part of that working group. An elated Mora begins working with the group of lawyers to discuss the constitutionality and effectiveness of various interrogation techniques. In 2006, he will say that he felt “no one would ever learn about the best thing I’d ever done in my life.”
Mora Outmaneuvered - But Haynes has outmaneuvered Mora. A week later, Mora sees a lengthy classified document that negates every argument he has made. Haynes has already solicited a second, overarching opinion from John Yoo, a lawyer at the Justice Department’s Office of Legal Counsel, that supersedes Mora’s working group (see January 9, 2002). Mora is astonished (see January 23-Late January, 2003). He will later learn that the working group’s report will be forced to comply with Yoo’s legal reasoning. In fact, the group’s final report is never completed—though the draft report, which follows Yoo’s memo, is signed by Rumsfeld without Mora’s knowledge. [New Yorker, 2/27/2006] Mora later says that while Yoo’s memo displays a “seeming sophistication,” it is “profoundly in error,” contradicting both domestic law and international treaties. Mora and the other “dissident” members of the working group are led to believe that the report has been abandoned. [Savage, 2007, pp. 181] He will learn about Rumsfeld’s signature on the draft report while watching C-SPAN in mid-2004. [New Yorker, 2/27/2006; Savage, 2007, pp. 189]
Top Bush administration officials appear to suggest that war can be avoided if Saddam Hussein steps down. Donald Rumsfeld, speaking on ABC’s This Week says, “I… personally would recommend that some provision be made so that the senior leadership in that country and their families could be provided haven in some other country, and I think that that would be a fair trade to avoid a war.” He also says that if Saddam goes into exile he might be granted immunity from prosecution for war crimes. [This Week with George Stephanopoulos, 1/19/2003] Similarly, Colin Powell says on CNN, “I think the Iraqi people would be a lot better off, and this whole situation would be resolved, if Saddam Hussein… his sons and the top leadership of the regime would leave.” [Late Edition with Wolf Blitzer, 1/19/2003] It is not clear, however, if Rumsfeld and Powell’s comments are sincere, or if they are just trying to appear as though they are providing Saddam Hussein with an alternative to military confrontation. Their comments are seemingly contradicted by National Security Adviser Condoleezza Rice who says on NBC’s Meet the Press, “I… think that it is unlikely that this man is going to come down in any other way than to be forced.” [Washington Post, 1/20/2003; New York Times, 1/20/2003]
Appearing on Fox News, Donald Rumsfeld, responding to a question, says, “… the Office of Management and Budget, has come up come up [sic] with a number that’s something under $50 billion for the cost. How much of that would be the US burden, and how much would be other countries, is an open question.” [US Department of Defense, 10/21/2002]
During a joint press conference, French President Jacques Chirac and German Chancellor Gerhard Schroeder announce that they intend to work together to oppose the Bush administration’s plan to invade Iraq. Schroeder says to a crowd of hundreds of French and German students in Berlin, “We are both of the opinion… that one can never accept it when it is said that war is unavoidable.” [BBC, 1/22/2003; BBC, 1/23/2003] Back in Washington, a reporter asks Secretary of Defense Donald Rumsfeld if he thinks the actions of France and Germany would leave the United States without European support. To this Rumsfeld, responds: “Now, you’re thinking of Europe as Germany and France. I don’t. I think that’s old Europe. If you look at the entire NATO Europe today, the center of gravity is shifting to the east…. Germany has been a problem, and France has been a problem…. But you look at vast numbers of other countries in Europe. They’re not with France and Germany on this, they’re with the United States.” [US Department of Defense, 1/22/2003; BBC, 1/23/2003]
The US military command in Afghanistan, Combined Joint Task Force (CJTF) 180, issues a memo on interrogation techniques, which includes nudity on the list of effective interrogation methods, despite this tactic being presumably barred by Defense Secretary Rumsfeld on January 15 (see January 15, 2003) for use at Guantanamo and in Afghanistan. According to Maj. Gen. George R. Fay, who will write a detailed report on detention operations (see August 25, 2004), the document “highlighted that deprivation of clothing had not historically been included in battlefield interrogations.” However he will add, “It went on to recommend clothing removal as an effective technique that could potentially raise objections as being degrading or inhumane, but for which no specific written legal prohibition existed.” [US Department of Defense, 8/23/2004 ] The document also speaks of exploiting the Arab fear of dogs. [US Department of Defense, 8/23/2004 ] Rumsfeld also banned the use of dogs for interrogation purposes in his January 15 order (see January 15, 2003).
Retired General Norman Schwarzkopf, the commander of US forces during the 1991 Gulf War (see January 16, 1991 and After), says he is worried about the “cockiness” of the US war plans for Iraq. Schwarzkopf has already warned that the US must forge broader multinational alliances if it plans to invade and occupy Iraq with any reasonable expectation of success (see August 18, 2002). He adds that his active-duty friends are preoccupied by “the Rumsfeld thing,” the perception that Defense Secretary Donald Rumsfeld has little regard for their judgment. [Roberts, 2008, pp. 141]
Defense Secretary Donald Rumsfeld says at a press conference that Saddam Hussein’s “regime has the design for a nuclear weapon; it was working on several different methods of enriching uranium, and recently was discovered seeking significant quantities of uranium from Africa.” [Washington Post, 8/8/2003]
Colin Powell’s chief of staff, Larry Wilkerson, meets with other administration officials and aides at the CIA’s Langley headquarters in a conference room down the hall from George Tenet’s office to review two White House reports on Iraq’s alleged illegal activities. The team includes George Tenet, John McLaughlin, William Tobey and Robert Joseph from the National Security Council, and John Hannah from Vice President Cheney’s office. (Tenet had intended to leave for a Middle East junket, but Powell stopped him from going, insisting on his input and participation.) The two dossiers are meant to serve as the basis for Powell’s upcoming speech at the UN (see February 5, 2003). One of the reports—a 48-page dossier that had been provided to Powell’s office a few days earlier (see January 29, 2003)—deals with Iraq’s supposed arsenal of weapons of mass destruction while the other, a slightly more recent report totaling some 45 pages, addresses the issue of Iraq’s history of human rights violations and its alleged ties to Islamic militant groups. Shortly after Wilkerson begins reviewing the 48-page report on Iraq’s alleged WMD, it becomes apparent that the material is not well sourced. [Vanity Fair, 5/2004, pp. 230; Isikoff and Corn, 2006, pp. 177; Unger, 2007, pp. 276]
Dossiers Contain Large Amounts of White House Misinformation - Wilkerson has been given three dossiers: about 90 pages of material on Iraq’s WMD, on its sponsorship of terrorism, and on its violation of human rights. Wilkerson is not well informed about the variety of machinations surrounding the WMD issue, but it doesn’t take him long to realize there is a problem. The CIA has an array of analysts with decades of experience studying Iraq’s weapons programs, rigorous peer review procedures to prevent unreliable intelligence from making it into the final assessments, and a large budget devoted to Middle East intelligence. But the CIA had not produced Wilkerson’s dossiers. They had been prepared by Libby, Cheney’s chief of staff. Wilkerson is taken aback by such a breach of procedure, especially on such a critically important matter of state. Former NSC counterterrorism chief Richard Clarke later says, “It’s very strange for the Vice President’s senior adviser to be… saying to the Secretary of State, ‘This is what you should be saying.’” As Wilkerson goes through the material, he realizes, in Unger’s words, “just how aggressively Cheney and his men have stacked the deck.” Wilkerson first reads the 48-page WMD dossier, and is not impressed. “It was anything but an intelligence document,” he later says. “It was, as some people characterized it later, sort of a Chinese menu from which you could pick and choose.”
Cherry-Picked Intel - Wilkerson will continue, “When we had a question, which was virtually every line, John Hannah from the vice president’s office would consult a huge clipboard he had.” Hannah, a former official of the pro-Israel Washington Institute for Near East Policy, had coauthored the dossier with Libby. He had also worked closely with Libby in the White House Iraq Group (see August 2002). Hannah cites the source of each questionable datum Wilkerson asks about, and Wilkerson and his team set about tracking down the original sources of each item. They spend hours poring over satellite photos, intercepts of Iraqi military communications, and various foreign intelligence reports. Wilkerson and his team find that in almost every instance, the original sources do not support the conclusions drawn in the dossier. “Once we read the entirety of those documents,” he will recall, “we’d find that the context was not quite what the cherry-picked item imparted.” Wilkerson believes that much of the dossier’s intelligence comes from Ahmed Chalabi and the Iraqi National Congress (see 1992-1996), a belief given credence by the fact that Hannah had served as the chief liaison between the INC and Cheney’s office. As Wilkerson will later recall, “It was clear the thing was put together by cherry-picking everything from the New York Times to the DIA.” Reporters Michael Isikoff and David Corn will later write that “a Defense Intelligence Agency report was not being used properly, a CIA report was not being cited in a fair way, a referenced New York Times article was quoting a DIA report out of context,” and will confirm that much of the material had come from the Iraqi National Congress. [US News and World Report, 6/9/2003; Isikoff and Corn, 2006, pp. 177; Unger, 2007, pp. 276-278]
Incomprehensible 'Genealogy' - According to Wilkerson, Feith’s office had strung together an incomprehensible “genealogy.” “It was like the Bible,” Wilkerson later recalls. “It was the Old Testament. It was ‘Joe met Bob met Frank met Bill met Ted met Jane in Khartoum and therefore we assume that Bob knew Ralph.’ It was incredible.” [Isikoff and Corn, 2006, pp. 180-181]
Link to Office of Special Plans? - Powell’s staff is also “convinced that much of it had been funneled directly to Cheney by a tiny separate intelligence unit set up by Defense Secretary Donald Rumsfeld” (see Summer 2002 and September 2002), Vanity Fair magazine later reports. [Vanity Fair, 5/2004, pp. 230]
Cheney's Aides Attempt to Reinsert Deleted Material - Soon Wilkerson’s team faces the same difficulties with the dossier on Iraq’s connections to Islamist terrorism that it faced with the White House-prepared dossier on Iraq’s WMD (see January 30-February 4, 2003). Tenet has tried manfully to give the administration what it so desperately wants—proof of Iraq’s connections to the 9/11 attacks. The CIA’s unit on Osama bin Laden had gone through 75,000 pages of documents and found no evidence of any such connections. Vice President Cheney and his staffers have always insisted that such a connection does indeed exist. Their strongest claim to that effect is the supposed meeting between 9/11 hijacker Mohamed Atta and an Iraqi intelligence agent in April 2000 (see September 14, 2001). This claim has long been discredited (see September 18, 2001), but Cheney’s people keep attempting to bring it back into play (see February 1, 2003-February 4, 2003). [US News and World Report, 6/9/2003; Bamford, 2004, pp. 370-1; Vanity Fair, 5/2004, pp. 230; Unger, 2007, pp. 276-278]
Information about Australian Software Erroneous - One item in the White House’s original draft alleged that Iraq had obtained software from an Australian company that would provide Iraqis with sensitive information about US topography. The argument was that Iraqis, using that knowledge, could one day attack the US
with biological or chemical weapons deployed from unmanned aerial vehicles (UAVs). But when Powell’s intelligence team investigated the issue, it became “clear that the information was not ironclad” (see October 1, 2002). [US News and World Report, 6/9/2003]
'Idiocy' - “We were so appalled at what had arrived from the White House,” one official later says. [Vanity Fair, 5/2004, pp. 230] As another senior official (likely Wilkerson) will later recall, “We went through that for about six hours—item by item, page by page and about halfway through the day I realized this is idiocy, we cannot possibly do this, because it was all bullsh_t—it was unsourced, a lot of it was just out of the newspapers, it was—and I look back in retrospect—it was a [Undersecretary of Defense for Policy Douglas] Feith product, it was a Scooter Libby product, it was a Vice President’s office product. It was a product of collusion between that group. And it had no way of standing up, anywhere, I mean it was nuts.” [Bamford, 2004, pp. 368-9]
Starting from Scratch - After several hours, Wilkerson and Tenet are both so fed up that they decide to scrap the WMD dossier entirely. “Let’s go back to the NIE,” Tenet suggests, referring to the recently released National Intelligence Estimate on Iraq (see October 1, 2002). Wilkerson is not aware of how badly the NIE had been, in author Craig Unger’s words, “tampered with,” but Powell should have known, as his own intelligence bureau in the State Department had disputed key elements of the NIE. [Bamford, 2004, pp. 368-9; Vanity Fair, 5/2004, pp. 230; Isikoff and Corn, 2006, pp. 177-178; Unger, 2007, pp. 276-278]
Entity Tags: Richard (“Dick”) Cheney, Office of the Vice President, National Security Council, Richard A. Clarke, White House Iraq Group, Washington Institute for Near East Policy, Robert G. Joseph, William H. Tobey, Lawrence Wilkerson, John Hannah, Michael Isikoff, Iraqi National Congress, Colin Powell, Central Intelligence Agency, Ahmed Chalabi, Craig Unger, David Corn, Donald Rumsfeld, John E. McLaughlin, George J. Tenet, Douglas Feith
Timeline Tags: Events Leading to Iraq Invasion
Victoria “Torie” Clark, the head of public relations for the Defense Department (see May 2001), develops the idea of embedding reporters with troops during the US invasion of Iraq. In a memo for the National Security Council, Clarke, with the approval of Defense Secretary Donald Rumsfeld, argues that allowing journalists to report from the battlefields and front lines will give Americans the chance to get the story, both “good or bad—before others seed the media with disinformation and distortions, as they most certainly will continue to do. Our people in the field need to tell our story. Only commanders can ensure the media get to the story alongside the troops. We must organize for and facilitate access of national and international media to our forces, including those forces engaged in ground operations.” [US Department of Defense, 2/2003 ; Bill Berkowitz, 5/10/2008]
US Secretary of Defense Donald Rumsfeld and General Richard Myers, chairman of the US Joint Chiefs of Staff, inform the House of Representatives Armed Services Committee that they intend to seek permission from George Bush to use calmative agents (see February 12, 2001-March 30, 2001) against Iraqi civilians, in cave systems or to take prisoners. [NewsMax, 2/6/2003; Independent, 2/16/2003] Rumsfeld calls the 1993 Chemical Weapons Convention (CWC) a “straightjacket” [Baltimore Sun, 3/27/2003; Guardian, 4/8/2003] and insists that “there are times when the use of non-lethal riot agents is perfectly appropriate.” [NewsMax, 2/6/2003; Christian Science Monitor, 2/14/2003; Guardian, 3/12/2003; Guardian, 4/8/2003] Under the provisions of the CWC, military use of chemicals—including non-lethal gases like tear gas—is prohibited. The treaty only permits the use of non-lethal agents for law enforcement purposes. [NewsMax, 2/6/2003; Christian Science Monitor, 2/14/2003]
The governments of Israel and the United States are in almost-perfect accord on most issues, according to a Washington Post analysis. Israeli Prime Minister Ariel Sharon has talked repeatedly of the “special closeness” he has to the Bush administration, and of the “deep understanding” that President Bush and his officials have for Israel’s security and foreign policy needs. He has thanked Bush for providing what he calls “the required leeway in our ongoing war on terrorism” and lauded the Bush administration’s efforts to promote a peaceful settlement between Israel and the Palestinian people. Thomas Neumann, who heads the Jewish Institute for National Security Affairs (JINSA), agrees. “This is the best administration for Israel since Harry Truman,” says Neumann, equating Bush with the first American president to recognize the independent state of Israel. A senior official in the first Bush administration says that Sharon used the 9/11 attacks to cement the bond between his government and the Bush administration. One senior administration official says: “Sharon played the president like a violin: ‘I’m fighting your war, terrorism is terrorism,’ and so on. Sharon did a masterful job.”
Accord with Likud - But the US is not just in accord with Israel; it is in accord with Likud, the hardline conservative political party currently in charge of the Israeli government. The Post writes: “For the first time, a US administration and a Likud government in Israel are pursuing nearly identical policies. Earlier US administrations, from Jimmy Carter’s through Bill Clinton’s, held Likud and Sharon at arm’s length, distancing the United States from Likud’s traditionally tough approach to the Palestinians. But today, as Neumann noted, Israel and the United States share a common view on terrorism, peace with the Palestinians, war with Iraq and more. Neumann and others said this change was made possible by the terrorist attacks of Sept. 11, 2001, and their aftermath.” Bush supporters, particularly evangelical Christians, are “delight[ed]” with the administration’s overt support of Likud policies.
Abandoning Peace Talks between Israel and Palestinians - The downside, the Post notes, is that diplomacy with Israel’s Arab neighbors has come to a virtual standstill, and the Middle East “peace process” praised by Sharon is considered by many past and current US officials as a failure. Clinton administration National Security Adviser Sandy Berger says: “Every president since at least Nixon has seen the Arab-Israeli conflict as the central strategic issue in the Middle East. But this administration sees Iraq as the central challenge, and… has disengaged from any serious effort to confront the Arab-Israeli problem.” Retired Marine General Anthony Zinni, the administration’s special envoy to the region, calls the peace process “quiescent,” and adds, “I’ve kind of gone dormant.”
'Likudniks Really in Charge Now' - Bush has appointed neoconservative Elliott Abrams, a vociferous critic of any peace agreement between Israel and Palestine, the head of Mideast affairs for the National Security Council, signaling his administration’s near-total alignment with Israel in the process. Abrams’s hardline views are supported by, among others, Vice President Cheney, National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, and Defense Policy Board chairman Richard Perle, Abrams’s mentor, who in 1996 recommended to Israel’s then-Prime Minister Benjamin Netanyahu that he abandon the Oslo peace accords and refuse to accede to Palestinian demands of “land for peace” (see September 13, 1993). A senior administration official says wryly, “The Likudniks are really in charge now,” using a Yiddish term for supporters of Sharon’s political party. “It’s a strong lineup,” says Neumann. Fellow neoconservative Meyrav Wurmser of the Hudson Institute says of Abrams: “Elliott’s appointment is a signal that the hard-liners in the administration are playing a more central role in shaping policy.… [T]he hard-liners are a very unique group. The hawks in the administration are in fact people who are the biggest advocates of democracy and freedom in the Middle East.” The Post explains that in Abrams’s and Wurmser’s view, promoting democracy in the Middle East is the best way to assure Israel’s security. Like other neoconservatives, they see the overthrow of Saddam Hussein and the establishment of a “democratic Palestine” as necessary for peace in the region. Others who disagree with the neoconservatives call them a “cabal.” The Post writes, “Members of the group do not hide their friendships and connections, or their loyalty to strong positions in support of Israel and Likud.” [Washington Post, 2/9/2003]
Entity Tags: Elliott Abrams, Donald Rumsfeld, Bush administration (43), Benjamin Netanyahu, Ariel Sharon, Anthony Zinni, Thomas Neumann, Sandy Berger, Likud, Richard (“Dick”) Cheney, Jewish Institute for National Security Affairs, Harry S. Truman, George W. Bush, Condoleezza Rice, Richard Perle, Meyrav Wurmser, National Security Council
Timeline Tags: US International Relations
In Munich, in reference to the imminent war on Iraq, Defense Secretary Donald Rumsfeld is asked whether the US is bound by any international system, legal framework, or code of conduct. Avoiding a direct answer, Rumsfeld replies: “I honestly believe that every country ought to do what it wants to do… It either is proud of itself afterwards, or it is less proud of itself.” [Guardian, 2/11/2004]
Sultan Qaboos bin Said Al Said.
[Source: Government of Oman]In numerous public appearances, Defense Secretary Donald Rumsfeld recounts a conversation with the Sultan of Oman (Qaboos Bin Said) a month or two after 9/11. The sultan said to him words to the effect of that September 11 was a “blessing in disguise,” because it would “wake up the world, before terrorists get their hands on massive destruction, before they get biological weapons and kill not 3,000 but 30 or 300,000.” [US Department of Defense, 2/14/2003; US Department of Defense, 2/25/2003; US Department of Defense, 9/10/2003; US Department of Defense, 11/18/2003; US Department of Defense, 6/4/2004] When he is asked in an interview, “Do you feel that [9/11] was a wake- up call?” Rumsfeld responds, “I think so absolutely, yeah.” [PBS, 9/10/2003] Rumsfeld makes a similar claim in his prepared testimony for the 9/11 Commission in March 2004: “Think about what has been done since the September 11th attacks: two state sponsors of terrorism have been removed from power, a 90-nation coalition has been formed which is cooperating on a number of levels… All of these actions are putting pressure on terrorist networks. Taken together, they represent a collective effort that is unprecedented—which has undoubtedly saved lives, and made us safer than before September 11th.” [9/11 Commission, 3/23/2004]
General Shinseki testifying before the Senate, February 2003. [Source: Representational Pictures]General Eric Shinseki, the Army chief of staff, tells the Senate Armed Services Committee that “something on the order of several hundred thousand soldiers” will be needed to secure post-invasion Iraq. “We’re talking about post-hostilities control over a piece of geography that’s fairly significant, with the kinds of ethnic tensions that could lead to other problems. And so it takes a significant ground-force presence to maintain a safe and secure environment, to ensure that people are fed, that water is distributed, all the normal responsibilities that go along with administering a situation like this.” [Associated Press, 3/25/2003; New York Times, 1/12/2007] For his estimate, Shinseki will be publicly derided by Defense Secretary Donald Rumsfeld and his deputy Paul Wolfowitz (see February 27, 2003). [Vanity Fair, 2/2009]
Iraq agrees to destroy all the equipment associated with its Al Samoud missile program, including warheads, SA-2 missile engines, machinery to produce missile motors, fuel, launchers, testing equipment, components as well as all software and documentation. The UN had earlier concluded that the missile program was in violation of UN resolutions because the range of the missiles exceeds the 150km limit imposed in 1991 after the Gulf War (see February 12, 2003). Responding to news of Iraq’s decision, White House Press Secretary Ari Fleischer dismisses any suggestion that it is an example of Iraqi cooperation. Instead he describes it as “deception.” He says, “This is the deception the president predicted. We do expect that they will destroy at least some of their missiles.” He also says that Iraq’s actions constitute “propaganda, wrapped in a lie, inside a falsehood.” And Donald Rumsfeld offers a similar interpretation of Iraq’s actions. He says: “I don’t see a change in the pattern at all. You know, this is exactly what’s been going to for years…. They refuse to cooperate, don’t cooperate, drag it out, wait until someone finally nails them with one little piece of the whole puzzle and refuse to do anything about it and then finally when they see the pressure building, they say well, maybe we’ll do some of that.” Bush similarly states: “The discussion about these rockets is part of [Saddam’s] campaign of deception. See, he’ll say, ‘I’m not going to destroy the rockets,’ and then he’ll have a change of mind this weekend and destroy the rockets and say, ‘I’ve disarmed.’” And Powell says: “I think it’s just more indication of the reality that we have been trying to convey to the world, that Saddam Hussein is trying to string it out, trying to divert attention, trying to pretend he is cooperating when he is not cooperating, try[ing] to use process as an excuse for not cooperating and not complying with the will of the international community.” [BBC, 1/28/2003; Associated Press, 2/28/2003; Fox News, 2/28/2003; New York Times, 3/1/2003]
Army-issue chemical and biological protective gear. [Source: Approved Gas Masks (.com)]Defense Secretary Donald Rumsfeld responds to a request from House member Jan Schakowsky (D-IL) to certify to Congress that US troops going to Iraq “have the minimum required levels of chem/bio protective equipment” as established by the Pentagon, even as Army units are selling the same equipment on eBay (see Early March 2003). Rumsfeld says that he cannot make such a certification. [Carter, 2004, pp. 58-61] The General Accounting Office has reported that up to 250,000 chem/bio suits are defective. Furthermore, the GAO reported that the Army has been aware of the problem since 1996. When asked by House member Dennis Kucinich (D-OH) about the deficiency in late 2002, Defense Department Inspector General Joseph Schmitz replied, “There is no such thing as perfect safety in warfare.” [United Press International, 10/1/2002]
Appearing before the House Budget Committee, Deputy Defense Secretary Paul Wolfowitz publicly contradicts General Eric Shinseki, the Army chief of staff, for saying that it will take “several hundred thousand soldiers” to successfully occupy Iraq (see February 25, 2003).
Greeted as Liberators - Wolfowitz says: “We can’t be sure that the Iraqi people will welcome us as liberators, although based on what Iraqi-Americans told me in Detroit a week ago, many of them—most of them with families in Iraq—I am reasonably certain that they will greet us as liberators, and that will help us to keep requirements down. In short, we don’t know what the requirement will be, but we can say with reasonable confidence that the notion of hundreds of thousands of American troops is way off the mark.” Wolfowitz says there’s no “record in Iraq of ethnic militias fighting one another.” [CNN, 2/28/2003; Isikoff and Corn, 2006, pp. 194] He restates the opinions of the top civilians at the Pentagon that it will take somewhere around 100,000 troops to secure postwar Iraq. Wolfowitz’s statement is echoed by Defense Secretary Donald Rumsfeld, who says, “The idea that it would take several hundred thousand US forces I think is far off the mark.” Neither Rumsfeld nor Wolfowitz mention Shinseki by name, but the connection is clear. A spokesman for Shinseki, Colonel Joe Curtin, says that Shinseki stands by his judgment. “He was asked a question and he responded with his best military judgment,” says Curtin. [New York Times, 2/28/2003] Shinseki will retire shortly after the contretemps with Rumsfeld and Wolfowitz (see June 13, 2003).
Iraqi Reconstruction Chief's Opinion - Reflecting on Shinseki’s public humilation, Iraqi reconstruction chief Jay Garner (see January 2003) will say, “When Shinseki said, Hey, it’s going to take 300,000 or 400,000 soldiers, they crucified him. They called me up the day after that, Wolfowitz and Rumsfeld. They called me the next day and they said, Did you see what Shinseki said? And I said yes. And they said, Well, that can’t be possible. And I said, Well, let me give you the only piece of empirical data I have. In 1991 [during the Gulf War], I owned 5 percent of the real estate in Iraq, and I had 22,000 trigger pullers. And on any day I never had enough. So you can take 5 percent—you can take 22,000 and multiply that by 20. Hey, here’s probably the ballpark, and I didn’t have Baghdad. And they said, Thank you very much. So I got up and left.” Garner’s estimate would require some 440,000 troops in Iraq. [Vanity Fair, 2/2009]
Former Senator Daniel Patrick Moynihan (D-NY), recovering at home from emergency surgery, takes frequent phone calls from Vice President Cheney and Defense Secretary Rumsfeld to discuss US preparations for war with Iraq. “The war drums were beating as he was going in and out of the hospital,” his daughter Maura will later recall. “But he took phone calls all the time from Cheney and Rumsfeld.” Moynihan is lionized by many neoconservatives, and had, in his time, worked closely with Bush administration neoconservatives such as Elliott Abrams and Abram Shulsky, but Moynihan is also a maverick who is not interested in toeing any ideological lines. He will later tell his daughter: “Don’t worry about the war, my dear. The war will last two weeks. It is the ten-year occupation you have to worry about.” [Unger, 2007, pp. 291-292] Moynihan will die shortly after the surgery. [New York Times, 3/27/2003]
President Bush orders several attack planes, along with a number of B-1 and B-52 bombers, to the US Air Force base in Guam, as an implied threat against North Korea’s restarted nuclear program (see January 10, 2003 and After). Foreign affairs journalist Fred Kaplan will call the administration’s response “a feeble threat, a classic case of shutting the barn door after the horses escaped.” The fuel rods of such concern to the US (see October 4, 2002) are long hidden away from US satellites. Bush makes no further preparations for any sort of air strike against North Korea, nor does he make any diplomatic “carrot and stick” overtures to the North Koreans. After two months, Bush orders the aircraft back to their home bases. Why such a feeble response? Many believe that the answer lies in the administration’s focus on Iraq; in the words of one senior administration official, “President Bush does not want to distract international attention from Iraq.” In April, after the invasion of Iraq experiences initial success (see March 25, 2003), Defense Secretary Donald Rumsfeld tells Bush that North Korea could also profit from an Iraq-style regime change; while Bush agrees, the administration takes no steps in that direction. Instead, Bush officials mount what is little more than a pretense of diplomatic negotiations (see April 2003). [Washington Monthly, 5/2004]
Congressman Dennis Kucinich (D-OH) says during a House Subcommittee on National Security meeting that, according to the General Accounting Office, many US military units are selling their protective chem/bio suits (see Late 2002) on the Internet for three dollars “while other units [are] desperately clamoring for those critical items.” Congressional investigators will find that the Army has sold 429 of the $200 protective suits on eBay for three dollars apiece. The problem goes beyond a few hundred suits. One entire military wing has “only 25 percent of the protective masks required.” The Pentagon’s Inspector General has found that 420,000 protective suits listed on inventory and intended for distribution to troops bound for Iraq cannot be found. In February, Defense Secretary Rumsfeld refused to certify that US soldiers had the proper chem/bio equipment necessary for the invasion (see February 27, 2003). [Set-Aside Alert: Federal Contract News and Information, 9/6/2002; Carter, 2004, pp. 57-58]
A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]
Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes
Timeline Tags: Torture of US Captives, Civil Liberties
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