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Profile: George W. Bush

Positions that George W. Bush has held:

  • US President

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Quotes

September 20, 2001

“Americans should not expect one battle, but a lengthy campaign, unlike any other we have ever seen. It may include dramatic strikes, visible on TV, and covert operations, secret even in success. We will starve terrorists of funding, turn them one against another, drive them from place to place, until there is no refuge or no rest. And we will pursue nations that provide aid or safe haven to terrorism. Every nation, in every region, now has a decision to make. Either you are with us, or you are with the terrorists. From this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime.” [US President, 9/24/2001]

Associated Events

March 20, 2002

“Remember these are—the ones in Guantanamo Bay are killers. They don’t share the same values we share.” [US President, 3/25/2002; Human Rights Watch, 1/9/2004]

Associated Events

June 10, 2002

“This guy, Padilla, is a bad guy. And he is where he needs to be—detained,” along with many other “would-be killers” [CNN, 6/11/2002]

Associated Events

July 10, 2002

“Some worry that a change of leadership in Iraq could create instability and make the situation worse. The situation could hardly get worse, for world security and for the people of Iraq.” [US President, 10/14/2002]

August 22, 2002

“The American people know my position. And that is that regime change is in the interest of the world.” [Agence France-Presse, 8/22/2002; CNN, 8/25/2002; CNN, 9/30/2002]

Associated Events

September 7, 2002

“I would remind you that when the inspectors first went into Iraq and were denied—finally denied access [in 1998], a report came out of the Atomic—the IAEA that they were six months away from developing a weapon. I don’t know what more evidence we need.” [Washington Times, 9/27/2002]

Associated Events

September 12, 2002

“Right now, Iraq is expanding and improving facilities that were used for the production of biological weapons.” [Executive Office of the President, 9/12/2002 pdf file; PBS, 9/12/2002; Age (Melbourne), 6/7/2003]

September 16, 2002

Saddam’s offer is “his latest ploy, his latest attempt not to be held accountable for defying the United Nations…. He’s not going to fool anybody. We’ve seen him before…. We’ll remind the world that, by defying resolutions, he’s become more and more of a threat to world peace. [The world] must rise up and deal with this threat, and that’s what we expect the Security Council to do.” [Agence France-Presse, 9/19/2002]

Associated Events

September 25, 2002

“… the danger is, is that they work in concert. The danger is, is that al-Qaeda becomes an extension of Saddam’s madness and his hatred and his capacity to extend weapons of mass destruction around the world. Both of them need to be dealt with. The war on terror, you can’t distinguish between al-Qaeda and Saddam when you talk about the war on terror. And so it’s a comparison that is—I can’t make because I can’t distinguish between the two, because they’re both equally as bad, and equally as evil, and equally as destructive.” [US President, 9/30/2002]

Associated Events

October 1, 2002

“The UN must show some backbone. We’ll work with members of the Security Council to put a little calcium there, put calcium in the backbone.” [London Times, 10/2/2003]

Associated Events

October 7, 2002

“The threat comes from Iraq. It arises directly from the Iraqi regime’s own actions—its history of aggression, and its drive toward an arsenal of terror. Eleven years ago, as a condition for ending the Persian Gulf War, the Iraqi regime was required to destroy its weapons of mass destruction, to cease all development of such weapons, and to stop all support for terrorist groups. The Iraqi regime has violated all of those obligations. It possesses and produces chemical and biological weapons. It is seeking nuclear weapons. It has given shelter and support to terrorism, and practices terror against its own people. The entire world has witnessed Iraq’s eleven-year history of defiance, deception and bad faith…. We know that the regime has produced thousands of tons of chemical agents, including mustard gas, sarin nerve gas, VX nerve gas… And surveillance photos reveal that the regime is rebuilding facilities that it had used to produce chemical and biological weapons.” [US President, 10/14/2002]

Associated Events

October 21, 2002

“The stated policy of the United States is regime change because, for 11 years, Saddam Hussein has ignored the United Nations and the free world. For 11 years, he has—he said, look, you passed all these resolutions; I could care less what you passed. And that’s why the stated policy of our government, the previous administration and this administration, is regime change—because we don’t believe he is going to change.” [US President, 10/28/2002]

Associated Events

October 22, 2002

“For the sake of having an international body which is effective, the UN… must be resolved to deal with this person, must resolve itself to be something more than a League of Nations, must resolve itself to be more than just a debating society, must resolve itself to help keep international peace. It’s an important time in our history to determine whether or not we’re going to be a nation which is willing to work with other nations to keep the peace. The answer is ‘you bet’ but if they won’t, if the UN can’t make its mind up, if Saddam Hussein won’t disarm, we will lead a coalition to disarm him for the sake of peace.” [CNN, 10/22/2002; Associated Press, 10/21/2002]

Associated Events

November 7, 2002

“Hopefully, we can do this peacefully ’ don’t get me wrong. And if the world were to collectively come together to do so, and to put pressure on Saddam Hussein and convince him to disarm, there’s a chance he may decide too o that. And war is not my first choice, don’t ’ it’s my last choice.” [US President, 11/11/2002]

Associated Events

November 8, 2002

Saddam’s “cooperation must be prompt and unconditional or he will face severest consequences” [US President, 11/11/2002]

Associated Events

November 9, 2002

“The world has now come together to say that the outlaw regime in Iraq will not be permitted to build or possess chemical, biological or nuclear weapons… [a]nd my administration will see to it that the world’s judgment is enforced” [US President, 11/15/2002]

Associated Events

November 20, 2002

“Saddam Hussein has been given a very short time to declare completely and truthfully his arsenal of terror. Should he again deny that this arsenal exists, he will have entered his final stage with a lie. And deception this time will not be tolerated. Delay and defiance will invite the severest of consequences. America’s goal, the world’s goal, is more than the return of inspectors to Iraq. Our goal is to secure the peace through the comprehensive and verified disarmament of Iraq’s weapons of mass destruction. Voluntary or by force, that goal will be achieved.” [New York Times, 11/21/2002; US President, 11/25/2002]

Associated Events

December 2, 2002

“In the inspections process, the United States will be making one judgment: Has Saddam Hussein changed his behavior of the last 11 years? Has he decided to cooperate willingly and comply completely, or has he not? So far the signs are not encouraging…. That declaration must be credible and complete, or the Iraqi dictator will have demonstrated to the world once again that he has chosen not to change his behavior. Any act of delay, deception, or defiance will prove that Saddam Hussein has not adopted the path of compliance and has rejected the path of peace.” [US President, 12/9/2002; Washington Post, 12/3/2002]

Associated Events

December 4, 2002

“This is our attempt to work with the world community to create peace. And the best way for peace is for Mr. Saddam Hussein to disarm. It?s up to him to make his decision.” [US President, 12/9/2002]

Associated Events

December 31, 2002

“I hope this Iraq situation will be resolved peacefully. One of my New Year’s resolutions is to work to deal with these situations in a way so that they’re resolved peacefully.… You said we’re headed to war in Iraq ? I don’t know why you say that. I hope we’re not headed to war in Iraq. I’m the person who gets to decide, not you. I hope this can be done peacefully.” [US President, 1/6/2003]

Associated Events

January 2, 2003

“First of all, you know, I’m hopeful we won’t have to go war, and let’s leave it at that.” [White House, 1/2/2003]

Associated Events

January 28, 2003

Iraq has enough material “to produce over 25,000 liters of anthrax—enough doses to kill several million people… more than 38,000 liters of botulinum toxin—enough to subject millions of people to death by respiratory failure… as much as 500 tons of sarin, mustard and VX nerve agent.” [Washington Post, 1/28/2003]

Associated Events

February 7, 2003

“But Saddam Hussein is—he’s treated the demands of the world as a joke up to now, and it was his choice to make. He’s the person who gets to decide war and peace.” [US President, 2/10/2003]

Associated Events

March 6, 2003

“I’ve not made up our mind about military action. Hopefully, this can be done peacefully.… I want to remind you that it’s his choice to make as to whether or not we go to war. It’s Saddam’s choice. He’s the person that can make the choice of war and peace.” [US President, 3/10/2003]

Associated Events

March 8, 2003

“[I]t is clear that Saddam Hussein is still violating the demands of the United Nations by refusing to disarm.… We are doing everything we can to avoid war in Iraq. But if Saddam Hussein does not disarm peacefully, he will be disarmed by force.” [US President, 3/17/2003]

Associated Events

March 17, 2003

“Intelligence gathered by this and other governments leaves no doubt that the Iraq regime continues to possess and conceal some of the most lethal weapons ever devised.” [US President, 3/24/2003]

Associated Events

March 26, 2003

“We will help the Iraqi people to find the benefits and assume the duties of self-government. The form of those institutions will arise from Iraq’s own culture and its own choices.” [US President, 3/31/2003]

Associated Events

April 28, 2003

“As freedom takes hold in Iraq, the Iraqi people will choose their own leaders and their own government. America has no intention of imposing our form of government or our culture. Yet, we will ensure that all Iraqis have a voice in the new government…” [US President, 5/5/2003]

Associated Events

May 9, 2003

“Soon, Iraqis from every ethnic group will choose members of an interim authority. The people of Iraq are building a free society from the ground up, and they are able to do so because the dictator and his regime are no more.” [US President, 5/12/2003]

Associated Events

July 2, 2003

“There are some who feel that, you know, the conditions are such that they can attack us there. My answer is, bring ‘em on. We have the force necessary to deal with the situation.” [New York Times, 7/2/2003]

Associated Events

July 30, 2003

“Yes, I think, first of all, remember I just said we’ve been there for 90 days since the cessation of major military operations. Now, I know in our world where news comes and goes and there’s this kind of instant-instant news and you must have done this, you must do that yesterday, that there’s a level of frustration by some in the media. I’m not suggesting you’re frustrated. You don’t look frustrated to me at all. But it’s going to take time for us to gather the evidence and analyze the mounds of evidence, literally, the miles of documents that we have uncovered.”

Associated Events

October 18, 2003

“We don’t torture people in America. And people who make that claim just don’t know anything about our country.” [Amnesty International, 10/20/2003]

Associated Events

May 5, 2004

“People in Iraq must understand that I view those practices as abhorrent.…must also understand that what took place in that prison does not represent the America that I know.… The America that I know has sent troops to Iraq to promote freedom.” [CBS News, 5/5/2004]

Associated Events

May 11, 2004

“I’m probably not the only one up at this table that is more outraged by the outrage than we are by the treatment.… These prisoners, they’re murderers, they’re terrorists, they’re insurgents. Many of them probably have American blood on their hands. And here we’re so concerned about the treatment of those individuals. I am also outraged that we have so many humanitarian do-gooders right now crawling all over these prisons, looking for human rights violations while our troops, our heroes, are fighting and dying.” [New York Times, 5/11/2004]

Associated Events

June 10, 2004

“Listen, I’ll say it one more time.… The instructions that were given were to comply with the law. That should reassure you. We are a nation of laws. We follow the law. We have laws on our books. You could go look at those laws and that should reassure you.” [US President, 6/21/2004]

Associated Events

June 24, 2004

“The United States is committed to the worldwide elimination of torture and we are leading this fight by example.” [Amnesty International, 5/7/2004]

Associated Events

September 1, 2005

“I don’t think anybody anticipated the breach of the levees. They did anticipate a serious storm. But these levees got breached. And as a result, much of New Orleans is flooded. And now we are having to deal with it and will.” [Reuters, 9/2/2005; Washington Post, 9/1/2005]

George W. Bush was a participant or observer in the following events:

Page 13 of 16 (1587 events)
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After months of opposition and a recent, clandestine rewriting of the bill (see Before December 30, 2005), President Bush signs the Detainee Treatment Act (DTA) into law, effectively outlawing torture by government and military officials (see December 15, 2005). However, Bush also inserts a signing statement into the record reserving for himself the right to ignore the law under his powers as commander in chief if he judges that torturing a prisoner is in the interest of national security (see December 30, 2005). Signing statements have no legal status, but serve to inform the nation as to how the president interprets a particular law. In this case, Bush writes that he will waive the restrictions on torture if he feels it is necessary to protect national security. “We consider ourselves bound by the prohibition on cruel, unusual, and degrading treatment,” says a senior administration official, but under unusual circumstances—a “ticking time bomb” scenario, for example, where a detainee is believed to have information that could prevent an imminent terrorist attack, Bush’s responsibility to protect the nation will supersede the law. Law professor David Golove is critical of the White House’s position, saying: “The signing statement is saying ‘I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it’s important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me.’ They don’t want to come out and say it directly because it doesn’t sound very nice, but it’s unmistakable to anyone who has been following what’s going on.” Bush has issued numerous signing statements signaling his intent to flaunt the law in the areas of domestic surveillance, detaining terrorist suspects without due legal process, and previous legislation forbidding the torture of prisoners. Many legal and civil rights organizations believe that Bush’s signing statement is part of his push for a “unitary executive,” where the president has virtually unlimited powers in the areas of foreign policy and national security, and neither Congress nor the courts have the right to limit his powers (see April 30, 1986). Former Justice Department official and law professor Marty Lederman says: “The whole point of the McCain Amendment was to close every loophole. The president has re-opened the loophole by asserting the constitutional authority to act in violation of the statute where it would assist in the war on terrorism.” Human Rights Watch director Elisa Massamino calls the signing statement an “in-your-face affront” to both McCain and to Congress. “The basic civics lesson that there are three co-equal branches of government that provide checks and balances on each other is being fundamentally rejected by this executive branch. Congress is trying to flex its muscle to provide those checks [on detainee abuse], and it’s being told through the signing statement that it’s impotent. It’s quite a radical view.” [Boston Globe, 1/4/2006; Boston Globe, 4/30/2006]

Entity Tags: George W. Bush, Detainee Treatment Act, Martin (“Marty”) Lederman, Bush administration (43), David Golove, Elisa Massamino

Timeline Tags: Torture of US Captives, Civil Liberties

After President Bush signs the Detainee Treatment Act (DTA—see December 30, 2005), his office issues a “signing statement” concerning how he believes the government should enforce the new law. His advisers have spent days composing a statement that declares the administration’s support for the bill. But that statement is never issued. Just before Bush signs the bill, Vice President Cheney’s chief lawyer, David Addington, intercepts the statement “and just literally takes his red pen all the way through it,” a White House official will later recall. Instead, Addington substitutes a single sentence. Bush, writes Addington, would interpret the law “in a manner consistent with the constitutional authority of the president to supervise the unitary executive branch and as commander in chief.” Neither Addington nor Cheney have any qualms about ignoring or superseding what Addington calls “interagency treaties” or language “agreed between cabinet secretaries.” Top officials from the CIA, the Justice Department, State Department, and Defense Department oppose the substitution. The White House’s senior national security lawyer, John Bellinger, says that Congress will view the statement as a “stick in the eye.” Nevertheless, with Cheney’s backing, White House counsel Harriet Miers sends the revised statement to Bush for his signature. Bush signs the statement. [Washington Post, 6/25/2007]

Entity Tags: US Department of State, Bush administration (43), David S. Addington, George W. Bush, Harriet E. Miers, John Bellinger, US Department of Justice, US Department of Defense, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives

Congress passes a law that says when Congress makes a request, scientific information “prepared by government researchers and scientists shall be transmitted [to Congress] uncensored and without delay.” President Bush contradicts this legal assertion in a signing statement that says he can order researchers to withhold any information from Congress if he decides its disclosure could impair foreign relations, national security, or the workings of the executive branch. [Boston Globe, 4/30/2006]

Entity Tags: George W. Bush

Timeline Tags: Civil Liberties

President Bush orders the Joint Chiefs of Staff to draw up a contingency war plan for Iran that can be implemented, upon orders from the president, within 24 hours. A special planning group will be formed to carry out the assignment. The plan will initially focus on a bombing campaign targeting Iran’s nuclear facilities. It will also include a scheme for regime change. After a major strategy shift takes place in early 2007 (see Late 2006), the plan will be revised to include targets in Iran believed to be involved in the supplying or aiding of militants in Iraq. [New Yorker, 3/5/2007]

Entity Tags: Joint Chiefs of Staff, George W. Bush, US Department of Defense

Timeline Tags: US confrontation with Iran

Jane Harman (D-CA), the ranking Democrat on the House Intelligence Committee, tells President Bush that his administration’s practice of only briefing a select few Congressional leaders on highly classified programs violates the National Security Act of 1947. Harman is referring to Bush’s practice of briefing the so-called “Gang of Eight,” comprised of the Speaker and Minority Leader of the House, the Majority and Minority Leaders of the Senate, and the chairmen and ranking members of the House and Senate Intelligence Committees, about the National Security Agency’s warrantless wiretapping program. Harman, a member of the Gang of Eight since 2003, says that she has found, she writes, “that the practice of briefing only certain Members of the intelligence committees violates the specific requirements of the National Security Act of 1947. The National Security Act requires that ‘The President shall ensure that the congressional intelligence committees are kept fully and currently informed of the intelligence activities of the United States….‘…The Act makes clear that the requirement to keep the committees informed may not be evaded on the grounds that ‘providing the information to the congressional intelligence committees would constitute the unauthorized disclosure of classified information.’” Harman notes that the one exception to the president’s duty to keep all committee members informed, covert action that entails “extraordinary circumstances affecting vital interests of the United States” and thereby limits notification to the Gang of Eight, applies only “to covert actions, not intelligence collection activities.” Harman adds, “For all intelligence activities that are not covert actions, the Executive Branch’s duty is clear: the ‘heads of all…entities involved in intelligence activities shall…keep the congressional intelligence committees fully and currently informed of all intelligence activities.” Harman says that merely briefing the Gang of Eight does not provide “effective oversight,” especially in light of the restrictions on the lawmakers: “Members of the Gang of Eight cannot take notes, seek the advice of their counsel, or even discuss the issues raised with their committee colleagues.… As you know, both congressional intelligence committees are select committees, formed of Members who hold the highest security clearances and have a proven ability to safeguard classified information.” Harman concludes, “In my view, failure to provide briefings to the full congressional intelligence committees is a continuing violation of the National Security Act.” [US House of Representatives, 1/4/2006] Two weeks later, the Congressional Research Service will issue a report on the requirements of the Act agreeing with Harman’s conclusion (see January 18, 2006).

Entity Tags: Congressional Research Service, “Gang of Eight”, George W. Bush, House Intelligence Committee, National Security Agency, Jane Harman, Senate Intelligence Committee, National Security Act

Timeline Tags: Civil Liberties

The three Republican senators who co-sponsored the recently passed Detainee Treatment Act prohibiting torture (see December 15, 2005) criticize President Bush for his signing statement indicating that he would not follow the law if he sees fit (see December 30, 2005). Senators John McCain (R-AZ), the primary sponsor of the bill, and John Warner (R-VA) issue a statement rejecting Bush’s signing statement. “We believe the president understands Congress’s intent in passing, by very large majorities, legislation governing the treatment of detainees,” the senators write. “The Congress declined when asked by administration officials to include a presidential waiver of the restrictions included in our legislation. Our committee intends through strict oversight to monitor the administration’s implementation of the new law.” The third co-sponsor, Senator Lindsey Graham (R-SC), says he agrees with the letter, “and would go a little bit further.” Graham says: “I do not believe that any political figure in the country has the ability to set aside any… law of armed conflict that we have adopted or treaties that we have ratified. If we go down that road, it will cause great problems for our troops in future conflicts because [nothing] is to prevent other nations’ leaders from doing the same.” The White House refuses to respond to the senators’ comments. Law professor David Golove, a specialist in executive power issues, says the senators’ statements “mean that the battle lines are drawn” for an escalating fight over the balance of power between the two branches of government. “The president is pointing to his commander in chief power, claiming that it somehow gives him the power to dispense with the law when he’s conducting war,” Golove says. “The senators are saying: ‘Wait a minute, we’ve gone over this. This is a law Congress has passed by very large margins, and you are compelled and bound to comply with it.’” Elisa Massimino of Human Rights First says the senators’ statements should warn military and CIA interrogators that they could be subject to prosecution if they torture or abuse a detainee, regardless of Bush’s signing statement. “That power [to override the law] was explicitly sought by the White House, and it was considered and rejected by the Congress,” she says. “And any US official who relies on legal advice from a government lawyer saying there is a presidential override of a law passed by Congress does so at their peril. Cruel, inhuman, and degrading treatment is illegal.” Golove notes that it is highly unlikely that Attorney General Alberto Gonzales would prosecute anyone for performing actions Bush had authorized. [Boston Globe, 1/5/2006; Savage, 2007, pp. 225-226]

Entity Tags: David Golove, Alberto R. Gonzales, George W. Bush, John W. Warner, John McCain, Lindsey Graham, Elisa Massimino

Timeline Tags: Torture of US Captives

President Bush’s rationale for authorizing warrantless surveillance against US citizens is of questionable legality and “may represent an exercise of presidential power at its lowest ebb,” according to a Congressional analysis. The Congressional Research Service (CRS), the independent and nonpartisan research bureau of the legislature, answers the question raised around the nation since the revelation of the secret program by the New York Times (see Early 2002): did Bush break the law when he ordered the National Security Agency to eavesdrop on US citizens without court orders or judicial oversight? The CRS report does not give a definitive yes or no answer to that question, but finds Bush’s legal rationale dubious at best. That rationale “does not seem to be as well-grounded” as administration lawyers have claimed, and the report finds that, despite assertions to the contrary by Bush and administration officials, Congress did not authorize warrantless wiretaps when it gave the executive branch the authority to wage war against al-Qaeda in the days after the 9/11 attacks. Unsurprisingly, Bush administration officials criticize the report. But some Republicans and Democrats find the report’s conclusions persuasive, and hold up the report as further evidence that Bush overextended his authority by authorizing the wiretaps. For instance, Republican Thomas Kean, the former chairman of the 9/11 commission (see January 27, 2003, says he doubts the program’s legality. Kean, who has not spoken publicly about the program until now, says the 9/11 commission was never told about the program, and he strongly doubts its legality. “We live by a system of checks and balances, and I think we ought to continue to live by a system of checks and balances,” Kean says. [Congressional Research Service, 1/5/2006 pdf file; New York Times, 1/6/2006]

Entity Tags: George W. Bush, 9/11 Commission, Congressional Research Service, New York Times, National Security Agency, Thomas Kean

Timeline Tags: Civil Liberties

President Bush appoints Ellen Sauerbrey (see October 11, 2005) to the position of assistant secretary of state for population, refugees, and migration. Bush grants Sauerbrey a “recess appointment,” enabling her to avoid the usual Senate confirmation process, after the Senate Foreign Relations Committee showed reluctance to confirm her for the post. During the confirmation hearings, Barack Obama (D-IL) told her, “It doesn’t appear that you have very specific experience,” and Barbara Boxer (D-CA) convinced the committee to postpone a vote on her nomination. Salon calls her appointment “disastrous” for the State Department. “Her job description is to help coordinate humanitarian assistance across the globe, but it’s clear that her first concern will always be to appease America’s extreme right,” Representative Carolyn Maloney (D-NY) says. “There’s a reason the president had to sneak this appointment past the Senate.” Phyllis Oakley, who held the position from 1993 through 1997, says that Sauerbrey entirely lacks the experience necessary to perform her duties. Sauerbrey is, however, very popular among the right wing of the Republican Party, winning her popularity by hosting a religious/conservative television talk show before chairing Bush’s 2000 presidential campaign in Maryland. She is a staunch opponent of legal abortion, sex education, and birth control. Jodi Jacobson of the Center for Health and Gender Equity says that Sauerbrey’s positions could have a powerfully negative effect on US refugee policies: “In refugee settings, 80 percent of refugees are women and children. There are extremely high rates of sexual violence and coercion in refugee settings. You have a really, really high need for effective reproductive and sexual health programs that would include access to emergency contraception and HIV prophylactics and that kind of thing.” In Sauerbrey, she says: “You have a person in there who A) doesn’t have any experience dealing with refugee movements, refugee resettlement, refugee crises, and B) has an ideological agenda against the single most important health intervention for refugee women.” [Salon, 1/6/2005]

Entity Tags: Ellen Sauerbrey, Barack Obama, Barbara Boxer, Center for Health and Gender Equity, US Department of State, Republican Party, George W. Bush, Carolyn Maloney, Phyllis Oakley, Jodi Jacobson, Senate Foreign Relations Committee

Timeline Tags: US International Relations

After Human Rights Watch, an organization which works to end torture of government detainees around the globe, claims that the Bush administration has made a “deliberate policy choice” to abuse detainees at Guantanamo Bay, Defense Secretary Donald Rumsfeld says, “What took place at Guantanamo is a matter of public record today, and the investigations turned up nothing that suggested that there was any policy in the department other than humane treatment.” In 2002, President Bush declared that detainees in US custody should be treated “humanely, and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles” of the Geneva Conventions (see January 19, 2002). Shortly after Rumsfeld’s statement, White House press secretary Scott McClellan says that Human Rights Watch has damaged its own credibility by making such claims. [New Yorker, 2/27/2006]

Entity Tags: Donald Rumsfeld, Bush administration (43), Human Rights Watch, Scott McClellan, George W. Bush, Geneva Conventions

Timeline Tags: Torture of US Captives, Civil Liberties

In his column for the legal website FindLaw, former Nixon White House counsel John Dean writes: “Rather than veto laws passed by Congress, [George W.] Bush is using his signing statements to effectively nullify them as they relate to the executive branch. These statements, for him, function as directives to executive branch departments and agencies as to how they are to implement the relevant law.… Bush has quietly been using these statements to bolster presidential powers. It is a calculated, systematic scheme that has gone largely unnoticed.… It is as if no law had been passed on the matter at all.… Bush is using signing statements like line item vetoes.” Dean writes that Bush’s signing statement for the Detainee Treatment Act (see December 30, 2005) marks the first time that serious media attention has been focused on the statements. He writes, “Despite the McCain Amendment’s clear anti-torture stance, the military may feel free to use torture anyway, based on the President’s attempt to use a signing statement to wholly undercut the bill.” [FindLaw, 1/13/2006]

Entity Tags: John Dean, George W. Bush

Timeline Tags: Civil Liberties

Al Gore speaks to the Liberty Coalition and the American Constitution Society.Al Gore speaks to the Liberty Coalition and the American Constitution Society. [Source: American Constitution Society]Former Vice President Al Gore delivers a long, impassioned speech on civil liberties and constitutional issues to the Liberty Coalition and the American Constitution Society. Gore joins former Representative Bob Barr (R-GA) in speaking out against the Bush administration’s infringement on American civil liberties. Gore and Barr have what Gore calls a “shared concern that America’s Constitution is in grave danger.”
Patently Illegal Domestic Surveillance - Gore’s speech is sparked by recent revelations that the NSA has been spying on American citizens for years (see December 15, 2005), and in response, the administration “has brazenly declared that it has the unilateral right to continue without regard to the established law enacted by Congress precisely to prevent such abuses.” As the Foreign Intelligence and Surveillance Act (FISA) is perfectly sufficient, there was no need for the Bush administration to circumvent that law. “At present, we still have much to learn about the NSA’s domestic surveillance,” Gore says. “What we do know about this pervasive wiretapping virtually compels the conclusion that the president of the United States has been breaking the law, repeatedly and insistently. A president who breaks the law is a threat to the very structure of our government.” Gore says he agrees with Bush on the threat of terrorism, but disagrees that the US has to “break the law or sacrifice our system of government” to protect itself, as this will make it “weaker and more vulnerable.” In addition, he says, “once violated, the rule of law is itself in danger,” and, “Unless stopped, lawlessness grows, the greater the power of the executive grows, the more difficult it becomes for the other branches to perform their constitutional roles.” It is patently obvious that the Bush administration has broken the law in conducting and approving its warrantless wiretaps, Gore says, regardless of what arguments and defenses administration officials may put forth (see September 12-18, 2001 and Early 2002). So, Gore says, “When President Bush failed to convince Congress to give him the power he wanted when this measure was passed, he secretly assumed that power anyway, as if Congressional authorization was a useless bother. But as [Supreme Court] Justice [Felix] Frankfurter once wrote, ‘To find authority so explicitly withheld is not merely to disregard in a particular instance the clear will of Congress. It is to disrespect the whole legislative process and the constitutional division of authority between the president and the Congress.‘… And the disrespect embodied in these apparent mass violations of the law is part of a larger pattern of seeming indifference to the Constitution that is deeply troubling to millions of Americans in both political parties.”
Illegal Seizure of American Citizens - Gore notes that Bush has declared that he has “a heretofore unrecognized inherent power to seize and imprison any American citizen that he alone determines to be a threat to our nation, and that notwithstanding his American citizenship that person in prison has no right to talk with a lawyer, even if he wants to argue that the president or his appointees have made a mistake and imprisoned the wrong person” (see November 13, 2001 and March 5, 2002). He says: “The president claims that he can imprison that American citizen—any American citizen he chooses—indefinitely, for the rest of his life, without even an arrest warrant, without notifying them of what charges have been filed against them, without even informing their families that they have been imprisoned.” Gore then says: “No such right exists in the America that you and I know and love. It is foreign to our Constitution. It must be rejected.”
Specious Authority to Torture - Neither does the executive branch have the right to authorize torture, Gore says. After citing horrific examples from Guantanamo and Abu Ghraib, he calls it “a shameful exercise of power that overturns a set of principles that you’re nation has observed since General George Washington first enunciated them during our Revolutionary War. They have been observed by every president since then until now. They violate the Geneva Conventions, the International Convention Against Torture, and our own laws against torture.”
Unlawful Kidnapping of Foreign Citizens - The president has no right to have foreign citizens kidnapped from their homes and brought to the US for interrogation and imprisonment, or worse, delivered to other nations for harsh interrogations and torture, says Gore. The closest allies of the US have been shocked by such claims.
No Restraint in the Constitution? - Gore asks whether the president really has such powers under the Constitution and, if so, “are there any acts that can on their face be prohibited?” He quotes the dean of Yale’s law school, Harold Koh, who said, “If the president has commander in chief power to commit torture, he has the power to commit genocide, to sanction slavery, to promote apartheid, to license summary execution.” Gore is “deeply troubl[ed]” that “our normal American safeguards have thus far failed to contain this unprecedented expansion of executive power.” He cites the numerous usage of “signing statements” by Bush that signal his intent “not to comply” with particular legislation (see December 30, 2005). When the Supreme Court struck down Bush’s indefinite detention of “enemy combatants” (see June 28, 2004), “the president then engaged in legal maneuvers designed to prevent the court from providing any meaningful content to the rights of the citizens affected.”
Historical Cycles - Since the founding of America, Gore says, the country has abrogated its citizens’ rights in one circumstance or another, and cites numerous examples. But those abrogations were always rectified to some degree in a repeated cycle of what he calls “excess and regret.” Gore is worried that the country may not be in such a cycle now. Instead, he says, the US may be on a path to permanent, state-sanctioned authoritarianism, with the constitutional safeguards American citizens have come to expect eroded and undermined to the point of irretrievability. Gore specifically cites the administration’s support for the so-called “unitary executive” theory of government, which he says “ought to be more accurately described as the unilateral executive.” That theory “threatens to expand the president’s powers until the contours of the Constitution that the framers actually gave us become obliterated beyond all recognition.”
Stark Authoritarianism - Why are Bush and his top officials doing this? Gore says that “[t]he common denominator seems to be based on an instinct to intimidate and control. The same pattern has characterized the effort to silence dissenting views within the executive branch, to censor information that may be inconsistent with its stated ideological goals, and to demand conformity from all executive branch employees.” Gore continues: “Intellectually, it is possible to carry on this process for an indefinite time. The only check on it is that, sooner or later, a false belief bumps up against solid reality, usually on a battlefield. Two thousand two hundred American soldiers have lost their lives as this false belief bumped into a solid reality.”
Gutting Congress - Though serious damage has been done to the judicial branch, Gore acknowledges, “the most serious damage in our constitutional framework has been to the legislative branch. The sharp decline of Congressional power and autonomy in recent years has been almost as shocking as the efforts by the executive to attain this massive expansion of its power.… [T]he legislative branch of government as a whole, under its current leadership, now operates as if it were entirely subservient to the executive branch.… [T]he whole process is largely controlled by the incumbent president and his political organization” (see February 1, 2004). Gore says each member of Congress, Republican and Democrat, must “uphold your oath of office and defend the Constitution. Stop going along to get along. Start acting like the independent and co-equal branch of American government that you are supposed to be under the Constitution of our country.”
We the People - The American people still, for the moment, have the power to enforce the Constitution, Gore says, quoting former President Dwight Eisenhower, who said, “Any who act as if freedom’s defenses are to be found in suppression and suspicion and fear confess a doctrine that is alien to America.” Gore continues: “Fear drives out reason. Fear suppresses the politics of discourse and opens the door to the politics of destruction.… The founders of our country faced dire threats. If they failed in their endeavors, they would have been hung as traitors. The very existence of our country was at risk. Yet in the teeth of those dangers, they insisted on establishing the full Bill of Rights. Is our Congress today in more danger than were their predecessors when the British army was marching on the Capitol? Is the world more dangerous than when we faced an ideological enemy with tens of thousands of nuclear missiles ready to be launched on a moment’s notice to completely annihilate the country?” [Congressional Quarterly, 1/16/2006; American Constitutional Society, 1/16/2006]

Entity Tags: National Security Agency, Liberty Coalition, US Supreme Court, Harold Koh, George W. Bush, Albert Arnold (“Al”) Gore, Jr., American Constitution Society, Bush administration (43), Convention Against Torture, Felix Frankfurter, George Washington, Geneva Conventions, Foreign Intelligence Surveillance Act, Robert “Bob” Barr

Timeline Tags: Civil Liberties

Journalist and columnist Joshua Micah Marshall says of former Vice President Al Gore’s speech on civil liberties the previous day (see January 16, 2006): “The point Gore makes in his speech that I think is most key is the connection between authoritarianism, official secrecy, and incompetence. The president’s critics are always accusing him of law-breaking or unconstitutional acts and then also berating the incompetence of his governance. And it’s often treated as, well… he’s power-hungry and incompetent to boot! Imagine that! The point though is that they are directly connected. Authoritarianism and secrecy breed incompetence; the two feed on each other. It’s a vicious cycle. Governments with authoritarian tendencies point to what is in fact their own incompetence as the rationale for giving them yet more power.… The basic structure of our Republic really is in danger from a president who militantly insists that he is above the law.” [Dean, 2006, pp. 170-171; Talking Points Memo, 1/17/2006]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., George W. Bush, Joshua Micah Marshall

Timeline Tags: Civil Liberties

A memo from the nonpartisan Congressional Research Service (CRS) finds that President Bush appears to be in violation of the National Security Act of 1947 in his practice of briefing only select members of Congress on the National Security Agency’s warrantless wiretapping program. Bush has provided only limited briefings to the so-called “Gang of Eight,” the four Congressional leaders and the four ranking members of the House and Senate Intelligence Committees. But the 1947 law requires the US intelligence community to brief the full membership of both committees on the program. The memo is the result of a request by Representative Jane Harman (D-CA), who wrote Bush a letter saying that she believes he is required under the Act to brief both committees, and not just the Gang of Eight (see January 4, 2006). The White House claims that it has briefed Congressional leaders about the program over a dozen times, but refuses to provide details; the Congressional members so briefed are forbidden by law to discuss the content or nature of those classified briefings, even with their own staff members. “We believe that Congress was appropriately briefed,” says White House spokeswoman Dana Perino. The CRS agrees with Harman that the single exception to such full briefings under the law, covert actions taken under extraordinary threats to national security, is not applicable in this instance. Unless the White House contends the program is a covert action, the memo says, “limiting congressional notification of the NSA program to the Gang of Eight…would appear to be inconsistent with the law.” [US House of Representatives, 1/4/2006; Congressional Research Service, 1/18/2006 pdf file; Washington Post, 1/19/2006] The day after the CRS memo is released, Senate Democrats John D. Rockefeller (D-WV) and Harry Reid (D-NV), along with House Minority Leader Nancy Pelosi (D-CA) and Harman, the ranking member of the House Intelligence Committee, write to Vice President Dick Cheney demanding that the full committees be briefed on such intelligence matters in the future. [Washington Post, 1/20/2006] On February 9, Bush will allow Attorney General Alberto Gonzales and former NSA chief Michael Hayden to brief the full House Intelligence Committee on the program (see February 8-17, 2006).

Entity Tags: Jane Harman, John D. Rockefeller, National Security Agency, National Security Act, Richard (“Dick”) Cheney, Michael Hayden, House Intelligence Committee, George W. Bush, Dana Perino, “Gang of Eight”, Alberto R. Gonzales, Harry Reid, Congressional Research Service, Bush administration (43)

Timeline Tags: Civil Liberties

The Justice Department (DOJ) issues a 42-page “white paper” detailing its arguments that the National Security Agency’s warrantless wiretapping program (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, Late 2003-Early 2004, April 19-20, 2004, June 9, 2005, June 9, 2005, December 15, 2005, December 17, 2005, December 19, 2005, December 24, 2005, January 5, 2006, January 18, 2006, January 18, 2006, January 23, 2006, and January 30, 2006) is legal. The DOJ reiterates two previous arguments (see December 19, 2005 and December 21-22, 2005)—that Congress implicitly authorized the program in 2001 when it authorized the Bush administration to begin military actions against al-Qaeda (see September 14-18, 2001), and that the president has the authority as commander in chief to conduct such a program—even though these arguments have been thoroughly refuted (see January 9, 2006) and overridden by the Supreme Court’s recent Hamdan v. Rumsfeld ruling (see December 15, 2005 and July 8, 2006). In its paper, the DOJ declares that if necessary, it will attack the legality of the Foreign Intelligence Surveillance Act (FISA) in order to stop that law from “imped[ing]” the president’s power to order domestic surveillance. In essence, according to columnist and civil liberties lawyer Glenn Greenwald, the DOJ is asserting that the president’s powers are limitless as long as he or she declares a given action necessary to battle terrorism. “Because the president has determined that the NSA activities are necessary to the defense of the United States from a subsequent terrorist attack in the armed conflict with al-Qaeda, FISA would impermissibly interfere with the president’s most solemn constitutional obligation—to defend the United States against foreign attack,” the DOJ claims. Neither Congress nor the court system has the right to limit or even review the president’s powers, according to the DOJ. Greenwald calls the DOJ’s argument “a naked theory of limitless presidential power.” In fact, Greenwald argues, the DOJ is asserting that FISA itself is unconstitutional, because no law can in any way limit the president’s power to conduct foreign policy or protect the nation’s security. The document is part of a larger Bush administration defense of the USA Patriot Act, and part of the administration’s push to convince Congress to reauthorize that legislation. Attorney General Alberto Gonzales sends the document to Congress. Justice Department official Steven Bradbury says, “When it comes to responding to external threats to the country… the government would like to have a single executive who could act nimbly and agilely.” [US Department of Justice, 1/19/2006 pdf file; Glenn Greenwald, 1/20/2006; Washington Post, 1/20/2006]
Dubious Legality - The program has already been found to be of questionable legality by two reports recently released by the nonpartisan Congressional Research Service (see January 5, 2006 and January 18, 2006). And author James Bamford, a US intelligence expert who has written extensively about the NSA, says that the Justice Department’s arguments are specious in light of Congress’s clear intent in its 1978 passage of FISA to block warrantless wiretapping, and its demonstrated lack of intent to allow any such operations within US borders in the October 2001 legislation. “You could review the entire legislative history in the authorization to use military force and I guarantee you won’t find one word about electronic surveillance,” he says. “If you review the legislative history of FISA, you will find Attorney General Griffin Bell testifying before the intelligence committee saying this was specifically passed to prevent a president from claiming inherent presidential powers to do this again.” [Washington Post, 1/20/2006]
Self-Contradictory Justifications - In 2007, author and reporter Charlie Savage will write of the “shaky foundation” supporting the administration’s “two-pronged attacks on critics of the wiretapping program and the Patriot Act,” which some officials have claimed authorizes the program. “Beneath the simplistic rhetoric, the administration’s position was self-contradicting,” Savage will write. If Bush has the inherent presidential authority to order warrantless wiretapping, then he needs no authorization from the Patriot Act or any other legislation. But if Congress is endangering the nation by delaying in reauthorizing the Patriot Act and thusly not rendering the program legal, then the wiretapping program is illegal after all. The memo attempts to “paper… over” this problem by claiming that, while Bush has the inherent authority to do whatever he feels is necessary to protect the country, the Patriot Act’s extra police powers are still necessary in “contexts unrelated to terrorism.” Savage will write, “In other words, the administration’s own position, hidden in the fine print, was that the Patriot Act was superfluous and irrelevant to the war on terrorism—a somewhat absurd stance made necessary by their desire to say the wiretapping program was legal.” [Savage, 2007, pp. 315]
Failure to Address Probable Beginning of Program Before Attacks - The Justice Department says nothing about the program apparently beginning well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: National Security Agency, James Bamford, Steven Bradbury, US Department of Justice, Griffin Bell, Senate Judiciary Committee, Glenn Greenwald, Foreign Intelligence Surveillance Act, Alberto R. Gonzales, Arlen Specter, George W. Bush, Congressional Research Service, Charlie Savage

Timeline Tags: Civil Liberties

President Bush’s top political adviser, deputy White House chief of staff Karl Rove, tells a meeting of the Republican National Committee that the warrantless wiretapping controversy (see December 15, 2005 and December 18, 2005) can be used to boost Republicans’ election chances in the 2006 midterm elections. Republicans should emphasize that the wiretapping proves that Bush is willing to do whatever it takes to defeat terrorism and keep Americans safe. Critics of the program, therefore, can be painted as weak on terrorism. “The United States faces a ruthless enemy, and we need a commander in chief and a Congress who understand the nature of the threat and the gravity of the moment America finds itself in,” Rove says. “President Bush and the Republican Party do; unfortunately, the same cannot be said of many Democrats.… Let me be clear as I can be: President Bush believes if al-Qaeda is calling somebody in America, it is in our national security interests to know who they’re calling and why. Some important Democrats clearly disagree.” [WIS-TV, 1/20/2006; Savage, 2007, pp. 203]

Entity Tags: George W. Bush, Democratic Party, Republican Party, Republican National Committee, Karl C. Rove

Timeline Tags: Civil Liberties

In a public speech, former National Security Agency chief Michael Hayden claims that everything the NSA does is with authorization from the White House, specifically the warrantless wiretapping program that spies on US citizens (see Early 2002). “I didn’t craft the authorization,” he says. “I am responding to a lawful order.” Hayden claims that while the NSA continues to use court warrants from the Foreign Intelligence Surveillance Court (FISC), technological advances and terrorist threats have made the law that created and supports FISC, the Foreign Intelligence Surveillance Act of 1978 (see 1978), obsolete. Therefore, the NSA has carried out domestic surveillance operations with or without FISC warrants. Hayden says the warrantless surveillance operations are “operationally more relevant, operationally more effective” than anything FISA can handle. Hayden repeatedly denies, in the face of reams of evidence collected by journalists and others to the contrary, that the NSA is spying on domestic antiwar groups and religious organizations like the Quakers who publicly advocate nonviolence and peace. [Michael Hayden, 1/23/2006]

Entity Tags: Foreign Intelligence Surveillance Court, Al-Qaeda, Foreign Intelligence Surveillance Act, Religious Society of Friends (Quakers), Terrorist Surveillance Program, National Press Club, Bush administration (43), National Security Agency, Michael Hayden, George W. Bush

Timeline Tags: Civil Liberties

Speaking to a cheering crowd of military families in Kansas, President Bush declares that he has no intention of following the laws requiring warrants for wiretaps (see December 15, 2005 and December 18, 2005) because Congress authorized the use of military force against terrorists (AUMF—see September 14-18, 2001), and because he has the power to bypass laws at his own discretion in the interest of national security. The Kansas appearance is part of an election-style “blitz” of appearances around the country designed to build support for the warrantless wiretapping program, and to bolster support for Republicans in the midterm elections (see January 20, 2006). “I’m not a lawyer, but I can tell you what [the AUMF] means,” he says. “It means Congress gave me the authority to use necessary force to protect the American people but it didn’t prescribe the tactics.… If [terrorism suspects] are making phone calls into the United States, we need to know why, to protect you.” [Savage, 2007, pp. 203]

Entity Tags: George W. Bush

Timeline Tags: Civil Liberties

President Bush at the National Security Agency.President Bush at the National Security Agency. [Source: Eric Draper / White House]President George Bush uses calls between the 9/11 hijackers in the US and an al-Qaeda communications hub in Yemen that were intercepted by the NSA (see Early 2000-Summer 2001) to justify the NSA’s warrantless wiretapping program (see December 15, 2005). Bush says: “We know that two of the hijackers who struck the Pentagon [Nawaf Alhazmi and Khalid Almihdhar] were inside the United States communicating with al-Qaeda operatives overseas. But we didn’t realize they were here plotting the attack until it was too late.” Bush also quotes former NSA Director Michael Hayden, who previously said, “Had this program been in effect prior to 9/11… we would have detected some of the 9/11 al-Qaeda operatives in the United States, and we would have identified them as such” (see January 23, 2006). Bush and other administration officials make similar claims about the calls by Almihdhar and Alhazmi in the years after the program is revealed by the New York Times (see December 17, 2005). [White House, 1/25/2006] Bush made similar remarks at Kansas State University two days previously. [White House, 1/23/2006]

Entity Tags: Khalid Almihdhar, Nawaf Alhazmi, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

President Bush says that the recently passed Detainee Treatment Act (DTA—see December 15, 2005) has no loopholes that would allow US interrogators to torture prisoners. “No American will be allowed to torture another human being anywhere in the world,” he says (see December 30, 2005 and January 2, 2006). [Ireland Online, 1/26/2006]

Entity Tags: George W. Bush, Detainee Treatment Act

Timeline Tags: Torture of US Captives

In his State of the Union address, President Bush insists that his authority to wiretap Americans’ phones without warrants (see December 15, 2005 and December 18, 2005) is validated by previous administrations’ actions, saying that “previous presidents have used the same constitutional authority I have.” He fails to note that those presidents authorized warrantless wiretaps before court orders were required for such actions (see June 19, 1972 and 1973). Since the Foreign Intelligence Surveillance Act passed (see 1978), no president except Bush has ever defied the law. Law professor David Cole calls Bush’s assertion of authority “either intentionally misleading or downright false.” Fellow law professor Richard Epstein predicts that the Supreme Court will strike down any such assertions, if it ever addresses the issue. “I find every bit of this legal argument disingenuous,” he says. Even many conservatives refuse to support Bush, with columnist George Will calling his arguments “risible” and a “monarchical doctrine” that is “refuted by the plain text of the Constitution.” David Keene, the chairman of the American Conservative Union, says the legal powers claimed by Bush and his officials can be used to justify anything: “Their argument is extremely dangerous.… The American system was set up on the assumption that you can’t rely on the good will of people with power.” Conservative activist Grover Norquist says flatly, “There is no excuse for violating the rule of law.” And former Justice Department official Bruce Fein says Bush and his officials have “a view that would cause the Founding Fathers to weep. The real conservatives are the ones who treasure the original understanding of the Constitution, and clearly this is inconsistent with the separation of powers.” Even former George H. W. Bush official Brent Scowcroft says that Bush’s interpretation of the Constitution is “fundamentally in error.” [Savage, 2007, pp. 203-204]

Entity Tags: David D. Cole, Brent Scowcroft, American Conservative Union, Bruce Fein, Richard Epstein, Grover Norquist, Foreign Intelligence Surveillance Act, David Keene, George Will, George W. Bush

Timeline Tags: Civil Liberties

The Justice Department’s Office of Professional Responsibility (OPR) opens an internal investigation into the department’s role in approving the Bush administration’s domestic warrantless wiretapping program. OPR counsel Marshall Jarrett informs Representative Maurice Hinchey (D-NY) of the investigation into the program, initiated after the 9/11 attacks by the National Security Agency and authorized via a secret executive order from President Bush shortly thereafter (see Early 2002). Jarrett writes that the OPR probe will include “whether such activities are permissible under existing law.” Justice Department spokeswoman Tasia Scolinos says the inquiry will be quite limited: “They will not be making a determination on the lawfulness of the NSA program but rather will determine whether the department lawyers complied with their professional obligations in connection with that program.” Scolinos calls the OPR probe “routine.” Hinchey says he welcomes the probe, which may determine “how President Bush went about creating this Big Brother program.” [Washington Post, 2/16/2006] The OPR inquiry is derailed after the NSA, with Bush’s authorization, refuses to give routine security clearances to OPR lawyers that would allow them to examine the relevant documents (see May 9, 2006).

Entity Tags: US Department of Justice, Tasia Scolinos, H. Marshall Jarrett, National Security Agency, George W. Bush, Bush administration (43), Maurice Hinchey, Office of Professional Responsibility

Timeline Tags: Civil Liberties

Two former CIA officials directly involved in producing intelligence estimates on Iran’s nuclear program (see August 2, 2005) say that the Bush administration’s policy of threatening to use military force against Iran is a driving force behind that nation’s pursuit of nuclear weapons. Iran is fearful of such an attack, the two officials say, and therefore wants nuclear weapons as a way to divert such a threat. Paul Pillar, who managed the writing of all NIEs on Iran from 2000 through 2005 as the national intelligence officer for the Near East and South Asia, says, “Iranian perceptions of threat, especially from the United States and Israel, were not the only factor, but were in our judgment part of what drove whatever effort they were making to build nuclear weapons.” Had the US tried to reassure Iran on its security fears, Pillar says, that would have had a significant effect on Iranian policies. Iran has made several diplomatic overtures to the US since 2003 (see May 4, 2003), Pillar says, that have not been reciprocated by the Bush administration. While Iran wishes to be the “dominant regional superpower” in the Middle East, the NIEs state, it is not pursuing that aspiration by means that would jeopardize the possibility of thawed relations with the US. According to Ellen Laipson, who managed several NIEs on Iran as national intelligence officer for the Near East from 1990 through 1993, and closely followed others as vice-chair of the National Intelligence Council from 1997 to 2002, says the Iranian fear of a US attack has long been “a standard element” in NIEs on Iran. Laipson is “virtually certain the estimates linked Iran’s threat perceptions to its nuclear program.” The 1991 Gulf War heightened fears of US attacks on Iran, Laipson says, and the recent belligerence of the Bush administration have again agitated Iran’s rulers. Iran’s 2002 listing as one of seven countries that might be targeted by US nuclear weapons, and President Bush’s 2002 naming of Iran as a member of the so-called “axis of evil” (see January 29, 2002), further heightened Iranian fears of a US strike. In return, Iran has tried to counterbalance that threat with the threat of its own nuclear weapons as well as attempts to shore up relations with the US. Non-proliferation expert Joseph Cirincione says that US attempts to ease Iran’s fears would go a long way to convincing Iran to give up its nuclear program. “No nation has ever been coerced into giving up a nuclear program,” Cirincione says, “but many have been convinced to do so by the disappearance of the threat.” He cites the examples of three former Soviet republics, Argentina, Brazil, South Africa, and Libya as nations who gave up their nuclear ambitions after fundamental international or internal changes eliminated the security threats that were driving their nuclear weapons programs. [Inter Press Service, 2/10/2006]

Entity Tags: George W. Bush, Bush administration (43), Central Intelligence Agency, Ellen Laipson, Paul R. Pillar, Joseph Cirincione, National Intelligence Council

Timeline Tags: US confrontation with Iran

Slate reporter John Dickerson, who formerly worked for Time magazine during the initial Plame Wilson identity leak investigation coverage, writes of his knowledge of, and participation in, the investigation, including his knowledge that White House official Karl Rove leaked Valerie Plame Wilson’s CIA identity to Dickerson’s colleague, Matthew Cooper (see 11:00 a.m. July 11, 2003). Dickerson co-wrote a July 2003 Time article with Cooper (see July 17, 2003) that led to Cooper’s subpoena from the Patrick Fitzgerald investigation (see August 9, 2004 and September 13, 2004), his being held in contempt of court (see October 13, 2004), and his eventual testimony (see July 13, 2005). However, Dickerson was never subpoenaed to testify before the Fitzgerald grand jury. He writes that he accompanied the gaggle of reporters with President Bush on his trip to Africa in July 2003, and of the extensive time spent by two “senior administration official[s]” telling him how partisan and unreliable Plame Wilson’s husband Joseph Wilson is, and how he should investigate what “low-level” CIA official sent Wilson to Niger (see July 11, 2003). “I thought I got the point,” Dickerson writes. “He’d been sent by someone around the rank of deputy assistant undersecretary or janitor.” Dickerson goes on to observe, “What struck me was how hard both officials were working to knock down Wilson” (see October 1, 2003). After returning from the trip, Cooper told Dickerson that Rove had informed him of Plame Wilson’s CIA identity. “So, that explained the wink-wink nudge-nudge I was getting about who sent Wilson,” Dickerson writes. Cooper and Dickerson were careful, Dickerson writes, to ensure that other reporters would not learn of Plame Wilson’s CIA identity from either of them. And Dickerson did not want to encroach on Cooper’s arrangement with Rove. Dickerson writes: “At this point the information about Valerie Plame was not the radioactive material it is today. No one knew she might have been a protected agent—and for whatever reason, the possibility didn’t occur to us or anyone else at the time. But it was still newsworthy that the White House was using her to make its case. That Scooter Libby and Karl Rove mentioned Plame to Matt was an example of how they were attempting to undermine Wilson. They were trying to make his trip look like a special family side deal not officially sanctioned by the agency.” [Slate, 2/7/2006; Slate, 2/7/2006] In 2007, former White House press secretary Ari Fleischer will testify that he informed Dickerson of Plame Wilson’s identity (see 8:00 a.m. July 11, 2003), a statement that Dickerson will dispute. [Slate, 1/29/2007]

Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Bush administration (43), Ari Fleischer, John Dickerson, Karl C. Rove, Patrick J. Fitzgerald, Time magazine, Valerie Plame Wilson, Matthew Cooper, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

The White House twice convinces Congressional leaders to derail or water down upcoming Congressional hearings into its warrantless wiretapping program, dodging potentially embarrassing public revelations about its surveillance of US citizens. Some observers praise the Bush administration for accepting more Congressional oversight, but some lawmakers feel the concessions made by the White House in return for Congress’s back down from full hearings mean little. Privately, some Republicans say that the White House came far closer to suffering large public setbacks than is generally known, and that President Bush must be more forthcoming about the warrantless wiretapping program if he wants to retain the good will of Congress. On February 8, a day before the House Intelligence Committee is to begin its hearings on the program, some lawmakers are complaining that the administration is trying to dodge any real discussion of the program; two days before, Attorney General Alberto Gonzales had defended the program without providing any details, and the White House intended to send Gonzales and former NSA head Michael Hayden to the hearings to give the same limited briefing. Instead, the White House agrees to have Gonzales and Hayden provide more details about the program’s “procedural aspects,” the first time a full Congressional committee has received a briefing about the program (see January 4, 2006 and January 18, 2006). Many committee members are placated by the briefing. In return, committee leaders agree to stymie Democrats’ attempts to hold more expansive hearings into the program. On February 17, the Senate Intelligence Committee deals with a motion by ranking Democrat Jay Rockefeller (D-WV) to open a broad inquiry into the program. But White House chief of staff Andrew Card has, two days before, spoken with committee member Olympia Snowe (R-ME). Snowe had expressed her own concerns about the program’s legality, and its infringement on constitutional civil liberties, and she is, according to Senate sources briefed on the call, “taken aback” by Card’s intransigence about restricting Congressional oversight of the program. Snowe and fellow senator Chuck Hagel (R-NE), another Republican who has voiced his own doubts about the program, speak with committee chairman Pat Roberts (R-KS). Roberts thinks he has the votes to defeat Rockefeller’s motion, but he learns Snowe and Hagel will support it, thus ensuring its passage. Thus informed, Roberts blocks passage of the motion by arranging a party-line vote to adjourn the committee until March 9, a move that infuriates Rockefeller. “The White House has applied heavy pressure in recent weeks to prevent the committee from doing its job,” he says after the adjournment. Both Hagel and Snowe deny folding under administration pressure. The White House is supportive of a proposal by Senator Mike DeWine (R-OH) that would exempt the NSA program from FISA, while providing for limited congressional oversight. [Washington Post, 2/19/2006]

Entity Tags: Olympia Snowe, Senate Intelligence Committee, Pat Roberts, Mike DeWine, National Security Agency, John D. Rockefeller, Bush administration (43), Andrew Card, Alberto R. Gonzales, Michael Hayden, House Intelligence Committee, Chuck Hagel, George W. Bush

Timeline Tags: Civil Liberties

During a speech defending his campaign against al-Qaeda, President Bush describes a previously obscure al-Qaeda plot to crash an airplane into the Library Tower (since renamed the US Bank tower) in Los Angeles in 2002 (see October 2001-February 2002). It is the tallest building on the West Coast of the US. The plot was first briefly mentioned in a Bush speech in October 2005 (see October 6, 2005), but Bush and his aides now provide new details. The plot was allegedly masterminded by Khalid Shaikh Mohammed, the mastermind of the 9/11 attacks, but was foiled when the four Asians recruited for the plot were arrested in Asia. Bush’s speech on the plot comes on the same day as a Senate hearing into the NSA’s illegal domestic wiretapping program. The Washington Post comments, “several US intelligence officials played down the relative importance of the alleged plot and attributed the timing of Bush’s speech to politics. The officials… said there is deep disagreement within the intelligence community over the seriousness of the Library Tower scheme and whether it was ever much more than talk.” One intelligence official “attributed the [speech on the plot] to the administration’s desire to justify its efforts in the face of criticism of the domestic surveillance program, which has no connection to the incident.” [Washington Post, 2/10/2006] The New York Times will similarly comment, “Bush’s speech came as Republicans are intent on establishing their record on national security as the pre-eminent issue in the 2006 midterm elections, and when the president is facing questions from members of both parties about a secret eavesdropping program that he describes as pivotal to fighting terrorism.” [New York Times, 2/10/2006]

Entity Tags: George W. Bush, Al-Qaeda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, Civil Liberties

John Conyers (D-MI), the ranking member of the House Judiciary Committee, sends a letter to President Bush and Vice President Dick Cheney asking about recent revelations that Cheney authorized the leak of classified information to reporters (see January 23, 2006 and February 2, 2006). Conyers writes that such an authorization, if true, would constitute “an abuse of power at best, and may be outright unlawful at worst.… [I]t would appear that neither classified nuclear information nor Valerie Plame’s status as a covert agent or the name of her employer warranted declassification.” Conyers asks whether the report is true, and whether Bush, Cheney, or any of their staff members authorized former Cheney aide Lewis Libby or anyone else “to declassify and leak information to the media relating to the Iraq war and the use of pre-war intelligence on any occasions,” and if so, what the legal basis for such declassifications would be. He also asks if Bush intends to stand by his promise to “take the appropriate action” against anyone who leaked classified information” (see September 30, 2003). [Jeralyn Merritt, 2/10/2006]

Entity Tags: Richard (“Dick”) Cheney, George W. Bush, House Judiciary Committee, Lewis (“Scooter”) Libby, John Conyers

Timeline Tags: Niger Uranium and Plame Outing

Major General Paul Eaton, who retired last month after being in charge of training new Iraqi military personnel, says the Bush administration’s strategy to use those new Iraqi troops to replace departing American troops was crippled from the beginning. Eaton says that the replacement program was never given the planning, funding, or staffing it needed to progress. The first year of the occupation was a critical time, Eaton says, and the US and Iraqi military might be much closer to President Bush’s goal of Iraqi forces “standing up” as US forces “stand down” had so much of that first year not been lost. Former military officials interviewed by the New York Times agree with Eaton’s assessment, as do a number of civilian officials involved in US operations in Iraq at the time. Eaton was replaced as the senior US official in charge of training Iraqi troops by Lieutenant General David Petraeus. Eaton began his yearlong stint on May 9, 2003, and now recalls: “I was very surprised to receive a mission so vital to our exit strategy so late. I would have expected this to have been done well before troops crossed the line of departure. That was my first reaction: ‘We’re a little late here.’” Eaton was told that training Iraqi troops was fifth on the priority list for Iraqi security forces, behind a civil defense corps, police, border guards, and guards for government and commercial facilities. “We set out to man, train, and equip an army for a country of 25 million—with six men,” Eaton recalls. He worked into the fall of 2003 with what he calls “a revolving door of individual loaned talent that would spend between two weeks and two months.” He never received even half of the 250 professional staff members he was promised. Between the chaos that ensued immediately after the overthrow of Saddam Hussein, the decision by Coalition Provisional Agency head L. Paul Bremer to dissolve the Iraqi army (see May 23, 2003), and the insurgency that arose shortly thereafter, Eaton and his small staff were never able to build the army they had hoped. Perhaps the worst blow was the wholesale dissolution of the Iraqi army. This left Eaton to train an entire military force essentially from scratch, without any Iraqi noncommissioned officers. New York Times reporter Thom Shanker observes, “Training an army without noncommissioned officers to serve as drill sergeants is like pitching a tent without poles.” [New York Times, 2/11/2006]

Entity Tags: George W. Bush, Bush administration (43), David Petraeus, Thom Shanker, L. Paul Bremer, Paul Eaton, Saddam Hussein

Timeline Tags: Iraq under US Occupation

Attorney General Alberto Gonzales says he will sharply limit the testimony of former attorney general John Ashcroft and former deputy attorney general James Comey before the Senate Judiciary Committee. The committee is preparing for hearings on the warrantless wiretapping program authorized by President Bush several months after the 9/11 attacks (see Early 2002). Gonzales says that “privilege issues” will circumscribe both men’s testimony: “As a general matter, we would not be disclosing internal deliberations, internal recommendations. That’s not something we’d do as a general matter, whether or not you’re a current member of the administration or a former member of the administration.” He adds, “You have to wonder what could Messrs. Comey and Ashcroft add to the discussion.” Comey was an observer to the late-night visit by Gonzales and then-White House chief of staff Andrew Card to Ashcroft’s hospital room, where Gonzales and Card unsuccessfully attempted to persuade the heavily sedated Ashcroft to reauthorize the program after Comey, as acting attorney general, determined the program was likely illegal (see March 10-12, 2004). Committee chairman Arlen Specter (R-PA) says he has asked Gonzales for permission to call Comey and Ashcroft to testify, but has not yet received an answer. Specter says, “I’m not asking about internal memoranda or any internal discussions or any of those kind of documents which would have a chilling effect.” Specter will ask Ashcroft and Comey to talk about the legal issues at play in the case, including the events surrounding the hospital visit. In the House Judiciary Committee, Republicans block an attempt by Democrats to ask Gonzales to provide legal opinions and other documents related to the program. [Washington Post, 2/16/2006]

Entity Tags: Andrew Card, Alberto R. Gonzales, Arlen Specter, George W. Bush, John Ashcroft, House Judiciary Committee, James B. Comey Jr., Senate Judiciary Committee

Timeline Tags: Civil Liberties

Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, writes a letter to John Negroponte, the director of national intelligence, regarding his belief that author and Washington Post reporter Bob Woodward revealed classified and potentially damaging information in his 2004 book, Plan of Attack. Rockefeller writes, “According to [Woodward’s] account, he was provided information related to sources and methods, extremely sensitive covert actions, and foreign intelligence liaison services.” Rockefeller is as yet unaware that Lewis “Scooter” Libby, the then-chief of staff to Vice President Dick Cheney, was authorized by President Bush to reveal such information (see April 5, 2006). Two former government officials confirm to reporter Murray Waas that Woodward’s book contains information that has not been made public. The information was provided by the White House in an attempt to bolster its argument that Iraq had WMD, and most of it was later found unreliable. One former senior official says, “The information was never presented to the public because it was bunk in the first place.” Rockefeller writes: “I [previously] wrote both former Director of Central Intelligence (DCI) George Tenet and Acting DCI John McLaughlin seeking to determine what steps were being taken to address the appalling disclosures in [Woodward’s book]. The only response that I received was to indicate that the leaks had been authorized by the administration.” [National Journal, 4/6/2006]

Entity Tags: Richard (“Dick”) Cheney, Bob Woodward, George J. Tenet, George W. Bush, John D. Rockefeller, John E. McLaughlin, Lewis (“Scooter”) Libby, Murray Waas, John Negroponte

Timeline Tags: Events Leading to Iraq Invasion

President Bush signs the USA Patriot Improvement and Reauthorization Act of 2005 into law. The bill, which extends and modifies the original USA Patriot Act (see October 26, 2001), was driven through Congress primarily by the Republican majorities in both Houses. However, Senator Dianne Feinstein (D-CA) cosponsored the Senate bill, numerous Democrats in both Houses voted with the Republicans in favor of the bill, and the final bill sailed through the Senate by an 89-10 vote on March 2. [GovTrack, 3/9/2006; Library of Congress, 3/9/2006] In the signing ceremony, Bush calls the Reauthorization Act “a really important piece of legislation… that’s vital to win the war on terror and to protect the American people.” He repeatedly evokes the 9/11 attacks as a reason why the new law is needed. [Government Printing Office, 3/9/2006]
Provisions for Oversight Added - One of the reasons why the reauthorization bill received such support from Congressional moderates on both sides of the aisle is because Congress added numerous provisions for judicial and Congressional oversight of how government and law enforcement agencies conduct investigations, especially against US citizens. Representative Butch Otter (R-ID) said in 2004 that Congress came “a long way in two years, and we’ve really brought an awareness to the Patriot Act and its overreaches that we gave to law enforcement.” He adds, “We’ve also quieted any idea of Patriot II, even though they snuck some of Patriot II in on the intelligence bill” (see February 7, 2003). [Associated Press, 1/23/2004]
Opposition From Both Sides - Liberal and conservative organizations joined together in unprecedented cooperation to oppose several key provisions of the original reauthorization and expansion of the Patriot Act, including easing of restrictions on government and law enforcement agencies in obtaining financial records of individuals and businesses, “sneak-and-peek” searches without court warrants or the target’s knowledge, and its “overbroad” definition of the term “terrorist.” Additionally, lawmakers in Congress insisted on expiration dates for the various surveillance and wiretapping methodologies employed by the FBI and other law enforcement agencies (see Early 2002). [Associated Press, 5/23/2005] The final bill mandates that anyone subpoenaed for information regarding terrorist investigations has the right to challenge the requirement that they not reveal anything about the subpoena, those recipients will not be required to tell the FBI the name of their lawyer, and libraries that are not Internet service providers will not be subject to demands from “national security letters” for information about their patrons. Many of the bill’s provisions will expire in four years. [Christian Science Monitor, 3/3/2006]
Reauthorizing Original Provisions - The bill does reauthorize many expiring provisions of the original Patriot Act, including one that allows federal officials to obtain “tangible items,” such as business records from libraries and bookstores, in connection with foreign intelligence and international terrorism investigations. Port security provisions are strengthened, and restrictions on the sale of over-the-counter cold and allergy medicine that can be used in the illegal manufacture of methamphetamine are imposed, forcing individuals to register their purchases of such medicines and limiting the amounts they can buy. [CBS News, 3/9/2006]
Bush Signing Statement Says He Will Ignore Oversight Mandates - But when he signs the bill into law, Bush also issues a signing statement that says he has no intention of obeying mandates that enjoin the White House and the Justice Department to inform Congress about how the FBI is using its new powers under the bill. Bush writes that he is not bound to tell Congress how the new Patriot Act powers are being used, and in spite of what the law requires, he can and will withhold information if he decides that such disclosure may “impair foreign relations, national security, the deliberative process of the executive, or the performance of the executive’s constitutional duties.” [Statement on Signing the USA PATRIOT Improvement and Reauthorization Act, 3/9/2006; Boston Globe, 3/24/2006] Senator Patrick Leahy (D-VT) says that Bush’s assertion that he can ignore provisions of the law as he pleases, under the so-called “unitary executive” theory, are “nothing short of a radical effort to manipulate the constitutional separation of powers and evade accountability and responsibility for following the law.” Law professor David Golove says the statement is illustrative of the Bush administration’s “mind-bogglingly expansive conception” of executive power, and its low regard for legislative power. [Boston Globe, 3/24/2006] Author and legal expert Jennifer Van Bergen warns of Bush using this signing statement to avoid accountability about the NSA’s warrantless wiretapping program, writing: “[I]t is becoming clearer every day that Bush has no qualms about violating either international laws and obligations or domestic laws. The recent revelations about the secret NSA domestic surveillance program revealed Bush flagrantly violating the Foreign Intelligence Surveillance Act which was specifically enacted to prevent unchecked executive branch surveillance. … His signing statements, thus, are nothing short of an attempt to change the very face of our government and our country.” [Institute for Public Accuracy, 3/27/2006]
Request to Rescind Signing Statement - In late March, Democratic House members Jane Harman and John Conyers will write to Attorney General Alberto Gonzales requesting that the administration rescind the signing statement, writing: “As you know, ‘signing statements’ do not have the force of law. Legislation passed by both Houses and signed by the president does. As Article 1, Section 7, of the Constitution states: ‘Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it.’” Bush and Gonzales will ignore the request. [US House of Representatives, 3/29/2006]

Entity Tags: US Department of Justice, Domestic Security Enhancement Act of 2003, David Golove, Alberto R. Gonzales, Butch Otter, Dianne Feinstein, Patrick J. Leahy, USA Patriot Act, John Conyers, Federal Bureau of Investigation, National Security Agency, Foreign Intelligence Surveillance Act, Jennifer Van Bergen, Jane Harman, George W. Bush

Timeline Tags: Civil Liberties

Secretary of Interior Gale Norton resigns. In her resignation letter to President Bush she thanks him and praises him for “great work in the face of hurricanes, record-setting wildfires and droughts, acrimonious litigation, and expanded post 9/11 security responsibilities.” [CNN, 3/10/2006] Norton, who has been criticized by environmental groups for opening public lands up to timber (see December 11, 2002), mining, and oil and gas interests (see April 11, 2003, October 8, 2003, and January 21, 2004), will be hired as a key legal advisor for Royal Dutch Shell PLC in December. [New West, 12/27/2006]

Entity Tags: George W. Bush, Royal Dutch/Shell, Gale A. Norton

Timeline Tags: US Environmental Record

Senator Russell Feingold (D-WI) tells reporters that he intends to push through legislation that would censure President Bush because of his domestic surveillance program (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, Late 2003-Early 2004, April 19-20, 2004, June 9, 2005, June 9, 2005, December 15, 2005, December 17, 2005, December 19, 2005, December 24, 2005, January 5, 2006, January 18, 2006, January 18, 2006, January 23, 2006, and January 30, 2006). “What the president did by consciously and intentionally violating the Constitution and laws of this country with this illegal wiretapping has to be answered,” Feingold tells an interviewer. “Proper accountability is a censuring of the president, saying, ‘Mr. President, acknowledge that you broke the law, return to the law, return to our system of government.‘… The president has broken the law and, in some way, he must be held accountable.… Congress has to reassert our system of government, and the cleanest and the most efficient way to do that is to censure the president. And, hopefully, he will acknowledge that he did something wrong.” Senate Majority Leader Bill Frist (R-TN) calls Feingold’s proposal “a crazy political move.” The Senate Intelligence Committee, following the Bush administration’s lead, has rejected some Democrats’ call for a full investigation of the surveillance program (see February 1-6, 2006). Instead, the committee has adopted a Republican plan for a seven-member subcommittee to conduct oversight. Feingold says his censure motion is not “a harsh approach, and it’s one that I think should lead to bipartisan support.” Frist, however, says: “I think it, in part, is a political move because here we are, the Republican Party, the leadership in the Congress, supporting the president of the United States as commander in chief who is out there fighting al-Qaeda and the Taliban and Osama bin Laden and the people who have sworn—have sworn—to destroy Western civilization and all the families listening to us.… The signal that it sends that there is in any way a lack of support for our commander in chief who is leading us with a bold vision in a way that we know is making our homeland safer is wrong. And it sends a perception around the world.” Only once in history has a president been censured by Congress: Andrew Jackson in 1834. In the House, Representative John Conyers (D-MI) is exploring the idea of introducing impeachment legislation against Bush. [New York Times, 3/12/2006; Associated Press, 3/12/2006] Feingold says on the Senate floor: “The president has violated the law and Congress must respond. A formal censure by Congress is an appropriate and responsible first step to assure the public that when the president thinks he can violate the law without consequences, Congress has the will to hold him accountable.” Most Congressional Democrats want nothing to do with either Feingold’s or Conyers’s legislative ideas, and some Republicans seem to be daring Democrats to vote for the proposal. Vice President Dick Cheney tells a Republican audience in Feingold’s home state of Wisconsin, “Some Democrats in Congress have decided the president is the enemy.” Democratic leaders in the Senate thwart an immediate vote as requested by Frist, and Senator Richard Durbin (D-IL) says he is not sure the proposal will ever come to a vote. Senate Minority Leader Harry Reid (D-NV) says he does not support it and has not read it. Senator Joseph Lieberman (D-CT) makes a similar assertion. In the House, Minority Leader Nancy Pelosi (D-CA) refuses to support such a proposal, saying in a statement that she “understands Senator Feingold’s frustration that the facts about the NSA domestic surveillance program have not been disclosed appropriately to Congress. Both the House and the Senate must fully investigate the program and assign responsibility for any laws that may have been broken.” [Associated Press, 3/14/2006] Former Nixon aide John Dean testifies in support of Feingold’s censure motion (see March 31, 2006). However, the censure motion, lacking support from Democratic leaders and being used by Republicans as a means to attack Democrats’ patriotism, never comes to a vote. [Klein, 2009, pp. 84]

Entity Tags: Joseph Lieberman, George W. Bush, Bush administration (43), Bill Frist, Harry Reid, John Dean, Russell D. Feingold, Senate Intelligence Committee, Richard (“Dick”) Durbin, Richard (“Dick”) Cheney, Nancy Pelosi, John Conyers

Timeline Tags: Civil Liberties

Responding to President Bush’s signing statement indicating that he will not comply with several oversight provisions in the USA Patriot Act reauthorization (see March 9, 2006), House members Jane Harman (D-CA) and John Conyers (D-MI) write to Attorney General Alberto Gonzales asking that the administration rescind the statement. They write, “As you know, ‘signing statements’ do not have the force of law. Legislation passed by both Houses and signed by the President does. As Article 1, Section 7, of the Constitution states: ‘Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it.’ If the President does not like part of a bill, he has only one option: to veto the entire thing. This signing statement, and many of the 107 similar statements the President has issued on other legislation, have the effect of corrupting the legislative process. Indeed, during consideration of this matter, many Members who supported the final law did so based upon the guarantee of additional reporting and oversight. This Administration cannot, after the fact, unilaterally repeal provisions of the law implementing such oversight.” [US House of Representatives, 3/29/2006]

Entity Tags: Jane Harman, Alberto R. Gonzales, George W. Bush, John Conyers, USA Patriot Act, Bush administration (43)

Timeline Tags: Civil Liberties

Judges Harold Baker, Allan Kornblum, and Stanley Brotman.Judges Harold Baker, Allan Kornblum, and Stanley Brotman. [Source: New York Times]Five former judges on the secretive Foreign Intelligence Surveillance Court (FISC) speak out against the continued use of warrantless wiretaps against US citizens, and urge that Congress give the court a formal role in overseeing the program. The five judges include James Robertson, who resigned from the court in apparent protest over the domestic eavesdropping program (see December 21, 2005). Four of the five judges speak at hearings by the Senate Judiciary Committee; Robertson is absent, but parts of a letter by Robertson are entered into testimony. The judges tell the senators that they are skeptical at best about Bush administration claims of inherent presidential authority to order surveillance of US citizens without court approval, and suggest that any evidence obtained through the program might taint criminal prosecutions growing out of the wiretaps. Former FISC judge Harold Baker says Bush is bound by the law “like everybody else.” If a law such as the Foreign Intelligence Surveillance Act (FISA) is passed by Congress and considered constitutional by the courts, then, Baker says, “the president ignores it at the president’s peril.” The other judges, whose identities as FISC judges has until recently been kept from the public, include Stanley Brotman, John Keenan, and William Stafford. Magistrate judge Allan Kornblum, who supervised Justice Department wiretap applications for years, and who also testifies before the committee, calls the public discussion of the FISA court “unprecedented.” Robertson’s statements, from a March 23 letter to committee chairman Arlen Specter, are perhaps the most telling of anything disclosed in the hearings. Robertson agrees with Specter’s proposal “to give approval authority over the administration’s electronic surveillance program” to the court; that proposal is opposed by the Bush administration, and White House-favored legislation by Senator Mike DeWine (R-OH) would not only exempt the program from FISA, but would give President Bush the authority to order wiretaps for 45 days without any Congressional or judicial oversight or authorization. Robertson strongly disagrees with the Bush/DeWine position. “Seeking judicial approval for government activities that implicate constitutional protections is, of course, the American way,” he wrote. Robertson also wrote that the FISA court should not conduct a “general review” of the surveillance operation, as Specter has also proposed. Instead, he wrote that the court should rule on individual warrant applications for eavesdropping under the program lasting 45 or 90 days. FISC is “best situated” for such matters because of the secretive nature of the court. “Its judges are independent, appropriately cleared, experienced in intelligence matters, and have a perfect security record,” he notes. None of the judges directly answer questions about whether the program is legal or not. Baker’s response is emblematic of the judges’ reticence on that issue: he says he feels more comfortable talking about legislative changes to strengthen FISA. “Whether something’s legal or illegal goes beyond that,” he says, “and that’s why I’m shying away from answering that.” [New York Times, 3/29/2006]

Entity Tags: US Department of Justice, Stanley Brotman, Senate Judiciary Committee, William Stafford, Mike DeWine, James Robertson, Bush administration (43), Arlen Specter, Allan Kornblum, John Keenan, George W. Bush, Foreign Intelligence Surveillance Court, Harold Baker, Foreign Intelligence Surveillance Act

Timeline Tags: Civil Liberties

John Dean.John Dean. [Source: Truthdig.com]Nixon White House counsel and Watergate veteran John Dean says that President Bush’s domestic spying program is worse than anything his former boss, Richard Nixon, did while he occupied the Oval Office. Testifying before the Senate Judiciary Committee during a hearing on Senator Russ Feingold’s (D-WI) motion to censure Bush over the program (see March 12, 2006 and After), Dean says Bush “needs to be told he cannot simply ignore a law with no consequences.” Republican committee leaders grudgingly agreed to hold the hearing over the censure motion, but dismiss the motion as little more than an election-year stunt designed by Democrats to, in committee member Orrin Hatch’s (R-UT) words, “weaken the commander in chief” in a time of war. Feingold’s measure, if passed, would condemn Bush’s “unlawful authorization of wiretaps of Americans within the United States without obtaining the court orders required” by the Foreign Intelligence Surveillance Act (FISA). The measure has little chance of passing, with even most Senate Democrats refusing to get behind the resolution. “To me, this is not really and should not be a partisan question,” Dean says. “I think it’s a question of institutional pride of this body, of the Congress of the United States.… [T]he president needs to be reminded that separation of powers does not mean an isolation of powers.” Dean has previously suggested, in his book Worse Than Watergate and in op-eds, that Bush may deserve impeachment over the surveillance program. [Associated Press, 3/31/2006]

Entity Tags: Senate Judiciary Committee, Russell D. Feingold, John Dean, Orrin Hatch, Foreign Intelligence Surveillance Act, Richard M. Nixon, George W. Bush

Timeline Tags: Civil Liberties

Representative Jane Harman (D-CA), the ranking member of the House Intelligence Committee, says she is appalled at President Bush’s 2003 decision to leak portions of the October 2002 National Intelligence Estimate, as Vice President Dick Cheney’s former chief of staff Lewis Libby has testified (see March 24, 2004). Portions of Libby’s testimony are just now becoming public knowledge. “Leaking classified information to the press when you want to get your side out or silence your critics is not appropriate,” Harman says. “If I had leaked the information, I’d be in jail. Why should the president be above the law? I am stunned.” [National Journal, 6/14/2006]

Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Jane Harman

Timeline Tags: Niger Uranium and Plame Outing

Special prosecutor Patrick Fitzgerald files a brief with the court that states unequivocally that the White House orchestrated an attempt to besmirch the character and integrity of former ambassador Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, and October 1, 2003). The New York Times describes Wilson as “the man who emerged as the most damaging critic of the administration’s case that Saddam Hussein was seeking to build nuclear weapons.”
Bush, Cheney at Heart of Smear Campaign - Fitzgerald’s court filing places President Bush and Vice President Dick Cheney directly at the center of the controversy, which erupted when conservative columnist Robert Novak used information from White House sources to “out” Wilson’s wife, Valerie Plame Wilson, as a covert CIA agent (see July 14, 2003). According to Fitzgerald, the White House engaged in “a plan to discredit, punish, or seek revenge against Mr. Wilson.” The filing concludes, “It is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to ‘punish Wilson.’” Fitzgerald’s portrait of events is at odds with the Bush administration’s narrative, which attempts to portray Wilson as a minor figure whose criticism of the Iraq invasion comes from his personal and political agenda. Fitzgerald is preparing to turn over to the defense lawyers for Lewis Libby some 1,400 pages of handwritten notes—some presumably by Libby himself—that should bolster Fitzgerald’s assertion. Fitzgerald will file papers in support of his assertion that Bush ordered the selective disclosure of parts of the October 2002 National Intelligence Estimate (see October 1, 2002) as part of the White House’s attempt to discredit Wilson.
Fitzgerald: Cheney Headed Campaign - Fitzgerald views Cheney, not Bush, as being at what the Times calls “the epicenter of concern about Mr. Wilson.” Fitzgerald notes that Wilson’s op-ed in the New York Times (see July 6, 2003) “was viewed in the Office of the Vice President as a direct attack on the credibility of the vice president (and the president) on a matter of signal importance: the rationale for the war in Iraq.… Disclosing the belief that Mr. Wilson’s wife sent him on the Niger trip was one way for defendant to contradict the assertion that the vice president had done so, while at the same time undercutting Mr. Wilson’s credibility if Mr. Wilson were perceived to have received the assignment on account of nepotism.” Neither Bush’s then-National Security Adviser, Condoleezza Rice, nor Rice’s deputy and eventual successor, Stephen Hadley, knew of the information declassification, Libby indicates. [US District Court for the District of Columbia, 4/5/2006 pdf file; Los Angeles Times, 4/7/2006; New York Times, 4/11/2006; National Journal, 6/14/2006; Washington Post, 7/3/2007]
Bush Authorized Leak of Classified Intelligence - Fitzgerald’s filing also states that, according to Libby’s earlier testimony (see March 5, 2004 and March 24, 2004), Bush directly authorized the leak of classified intelligence to reporters as part of the Wilson smear campaign (see April 5, 2006).
Democrats Dismayed at Allegations of Bush Involvement - Senator Frank Lautenberg (D-NJ) says: “After the CIA leak controversy broke three years ago, President Bush said, ‘I’d like to know if somebody in my White House did leak sensitive information.’ Now we find out that the president himself was ordering leaks of classified information.… It’s time for the president to come clean with the American people.” And in a letter to Bush, Representative Henry Waxman (D-CA), the ranking minority member of the House Oversight Committee, writes in part, “Two recent revelations raise grave new questions about whether you, the vice president and your top advisors have engaged in a systematic abuse of the national security classification process for political purposes.” [Los Angeles Times, 4/7/2006]

Entity Tags: Frank R. Lautenberg, George W. Bush, Lewis (“Scooter”) Libby, Condoleezza Rice, Bush administration (43), Office of the Vice President, Joseph C. Wilson, Patrick J. Fitzgerald, Henry A. Waxman, Richard (“Dick”) Cheney, Valerie Plame Wilson, Stephen J. Hadley

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, indicted on charges of conspiracy and obstruction of justice in the investigation of the Valerie Plame Wilson identity leak (see October 28, 2005), testified two years ago that President Bush authorized him to selectively disclose information from the October 2002 National Intelligence Estimate in order to defend the administration’s decision to go to war with Iraq, according to papers filed with the court by special prosecutor Patrick Fitzgerald. Libby’s testimony, to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), has remained secret until now. According to the testimony, Libby received “approval from the president through the vice president” to divulge portions of a National Intelligence Estimate (NIE—see October 1, 2002) regarding Saddam Hussein’s purported efforts to develop nuclear weapons to certain reporters. Libby testified that Vice President Dick Cheney authorized him to divulge the key judgments from the NIE to New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003) because, in Cheney’s opinion, it was “very important” to do so. [US District Court for the District of Columbia, 4/5/2006 pdf file; National Journal, 4/6/2006; Washington Post, 4/13/2006] (A week later, Fitzgerald will modify his filing to read, “some of the key judgments.” The New York Times will report, “The distinction between the two versions is that the second accurately stated that the finding about Iraq’s efforts to obtain uranium was in the report, but was not among its ‘key judgments,’ a term used in intelligence reporting to indicate that a stated conclusion represents the consensus of intelligence agencies.”) [Washington Post, 4/12/2006; New York Times, 4/13/2006] According to the filing: “Defendant testified that the vice president later advised him [Libby] that the president had authorized defendant to disclose the relevant portions of the NIE. Defendant testified that he also spoke to David Addington, then counsel to the vice president, whom defendant considered to be an expert in national security law, and Mr. Addington opined that presidential authorization to publicly disclose a document amounted to a declassification of the document” (see July 8, 2003). [US District Court for the District of Columbia, 4/5/2006 pdf file; Think Progress, 4/6/2006]
Bush Declassified Information for Purposes of Leaking - According to the court papers, Libby “further testified that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE. [Libby] testified that the vice president had advised [Libby] that the president had authorized [Libby] to disclose relevant portions of the NIE.” Libby testified that such presidential authorization to reveal classified information was “unique in his recollection.” He testified that Cheney specifically had him “speak to the press in place of Cathie Martin [the then-communications director for Cheney] regarding the NIE and Wilson.” Libby added that “at the time of his conversations with Miller and Cooper, he understood that only three people—the president, the vice president, and [Libby]—knew that the key judgments of the NIE had been declassified.” Libby said that Cheney’s senior lawyer, Addington, told him that Bush had, by authorizing the disclosure, effectively declassified the information, a point that legal experts continue to dispute. Since then, Libby has told reporters that Cheney also authorized him to leak classified information to several reporters in the weeks and months before the Iraqi invasion. [US District Court for the District of Columbia, 4/5/2006 pdf file; National Journal, 4/6/2006]
Providing Classified Information to Woodward - Libby also testified that Bush authorized him to provide classified information to author and reporter Bob Woodward. Woodward was working on his book about the administration’s run-up to war with Iraq, Plan of Attack. According to other former senior government officials, Bush directed several White House officials to assist Woodward in preparing the book. One government official says, “There were people on the seventh floor [of the CIA] who were told by [then-CIA Director George] Tenet to cooperate because the president wanted it done. There were calls to people to by [White House communication director] Dan Bartlett that the president wanted it done, if you were not co-operating. And sometimes the president himself told people that they should co-operate.” According to some former officials, the White House provided Woodward with selected information in order to shape the course of his writing. [US District Court for the District of Columbia, 4/5/2006 pdf file; National Journal, 4/6/2006]

Entity Tags: David S. Addington, Matthew Cooper, George J. Tenet, George W. Bush, Dan Bartlett, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Central Intelligence Agency, Lewis (“Scooter”) Libby, Bob Woodward, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking minority member of the House Oversight Committee, writes a letter to President Bush requesting a “full accounting” of two events that raise the question of whether the White House engaged in what Waxman calls “a systematic abuse of the national security classification process for political purposes.” Waxman is referring to recent press reports that Bush, through Vice President Dick Cheney, authorized former White House official Lewis Libby to leak classified information to reporters “in order to blunt criticism from former ambassador Joe Wilson about your improper use of intelligence in the run-up to war” (see April 5, 2006). He is also referring to recent allegations that Bush and his administration officials failed to alert the public that months before the March 2003 invasion of Iraq, they knew that claims of Iraqi nuclear weapons were likely false. Waxman asks for a full accounting of these matters, and for the declassification of the President’s Summary of the October 2002 National Intelligence Estimate (see October 1, 2002). [House Committee on Oversight and Government Reform, 4/6/2006] It is unclear whether Waxman ever receives a reply to his letter.

Entity Tags: Henry A. Waxman, George W. Bush, House Committee on Oversight and Government Reform, Richard (“Dick”) Cheney, Joseph C. Wilson, Bush administration (43)

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

Harry Taylor speaks to President Bush during an event at Central Piedmont Community College.Harry Taylor speaks to President Bush during an event at Central Piedmont Community College. [Source: Gerald Herbert / Associated Press)]During an “open forum” event in Charlotte, North Carolina, featuring President Bush, a local resident tells Bush that he hopes the president is “ashamed of [him]self” over his administration’s policies. Harry Taylor, a 61-year-old real estate broker, is a member of the audience at the event, sponsored by the World Affairs Council of Charlotte, at the Central Piedmont Community College. The “open forum” venue is unusual for Bush insamuch as the audience members are not heavily screened, and audience questions are not preselected by Bush officials beforehand. The Washington Post writes that the rationale behind the new “open forums” meetings is, “[a]t a time of dwindling public support and of charges of Bush’s being isolated, the idea was to put him in front of crowds for spontaneous exchanges to show he is not afraid of criticism.” Bush’s communications team, the Post observes, wants to give Bush the chance “to look unbothered by dissent.” The Post says that before Taylor’s response to Bush, the event has largely been a “love fest,” with Bush supporters chanting and shouting, and audience members telling Bush they are praying for him. After several instances where Bush defends his administration’s “reluctant” decision to invade and occupy Iraq, Taylor, recognized by the president, rises and says: “You never stop talking about freedom, and I appreciate that. But while I listen to you talk about freedom, I see you assert your right to tap my telephone, to arrest me and hold me without charges, to try to preclude me from breathing clean air and drinking clean water and eating safe food.” Bush interjects, “I’m not your favorite guy,” and Taylor continues, “What I want to say to you, is that I, in my lifetime, I have never felt more ashamed of, nor more frightened by, my leadership in Washington.” Audience members begin booing and attempting to shout down Taylor, but Bush requests that he be allowed to finish. “I feel like, despite your rhetoric, that compassion and common sense have been left far behind during your administration,” Taylor says, and concludes, “And I would hope from time to time that you have the humility and grace to be ashamed of yourself.” Bush does not address most of Taylor’s observations, but does counter his criticisms of the administration’s warrantless wiretapping program. “I’m not going to apologize for what I did on the terrorist surveillance program, and I’ll tell you why,” Bush says, and explains that a failure to mount such surveillance against American citizens would lead to another 9/11-style attack. “If we’re at war,” he says, “we ought to be using tools necessary within the Constitution on a very limited basis, a program that’s reviewed constantly, to protect us.” After the event, Taylor says he wasn’t sure he would be let into the event at all, and notes: “I didn’t care about his response. I wanted to say what I wanted to say and I wanted him to know that despite being in a room with a thousand people who love him… there are plenty of people out there who don’t agree with him in any way, shape, or form.” [Think Progress, 4/6/2006; Washington Post, 4/7/2006] Taylor will later mount a longshot bid for the US House of Representatives against veteran Republican Sue Myrick (R-NC), who represents a largely Republican district. [Karen Shugart, 3/5/2008]

Entity Tags: Harry Taylor, Central Piedmont Community College, George W. Bush, Sue Myrick

Timeline Tags: Civil Liberties

Democratic Representative John Conyers (D-MI) and 14 of his colleagues send a letter to President Bush asking for the truth about “the troubling revelation that you authorized I. Lewis Libby, the vice president’s former chief of staff, to attempt to discredit a critic of your administration through the selective leaking of classified information.” Conyers and his colleagues are referring to the White House’s attempts to discredit war critic Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006), which included the exposure of his wife, Valerie Plame Wilson’s, CIA identity (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). They write, “We ask that, once and for all, you publicly admit the extent of your role in authorizing the selective leaking of information to discredit your critics and detail what other leaks you have authorized that are relevant to the war in Iraq.” [Huffington Post, 4/7/2006]

Entity Tags: George W. Bush, Lewis (“Scooter”) Libby, Joseph C. Wilson, John Conyers

Timeline Tags: Niger Uranium and Plame Outing

Democratic Representative John Conyers (D-MI) publishes an appeal to the Sunday morning political talk show hosts, including the hosts of “Meet the Press”, “Face the Nation”, “This Week”, and “Fox News Sunday”, to ask for answers to the questions surrounding the Valerie Plame Wilson identity leak and the “distortions and cherry picking of information” that provided much of the Bush administration’s justification for the invasion of Iraq. Conyers writes that he is doing what he can to compel truth and honesty from the White House: “I have a choice. I can either stand by and lead my constituents to believe I do not care that the president apparently no longer believes he is bound by any law or code of decency. Or I can act.” Conyers, along with several Democratic colleagues, has written a letter to President Bush asking for the truth behind the Iraq intelligence manipulation and the Plame Wilson leak (see July 14, 2003), even though, as Conyers writes, “[w]e know he is unlikely to write us back.” Conyers implores the hosts of the Sunday talk shows—NBC’s Tim Russert, CBS’s Bob Schieffer, ABC’s George Stephanopoulos, “and even” Fox News’s Chris Wallace—for their assistance. “[Y]ou have the power to get some answers this weekend,” he writes. “Will you? Will you find out why the president thinks leaks that hurt his case for war or reveal a massive domestic spying operation are treasonous, but leaks that appear to support his policy positions are appropriate?… Will you find out what other leaks were officially sanctioned? Did the president or vice president authorize the leaking of information that [former] ambassador [Joseph] Wilson’s wife was an undercover CIA operative?” [Huffington Post, 4/7/2006]

Entity Tags: George W. Bush, Bob Schieffer, Bush administration (43), George Stephanopoulos, John Conyers, Valerie Plame Wilson, Chris Wallace, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post’s editorial staff, led by editor Fred Hiatt, pens an op-ed defending President Bush’s decision to selectively leak classified information (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, July 6-10, 2003, 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, Late Afternoon, July 12, 2003, July 14 or 15, 2003, and July 17, 2003) from a 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Apparently the editorial is in response to recent information from special counsel Patrick Fitzgerald that shows Bush and Vice President Dick Cheney deliberately released selected classified information to manipulate public perceptions about the Iraq war (see April 5, 2006, and April 9, 2006). The Post says that a sitting president has the authority to declassify classified information, and Bush did so “in order to make clear why he had believed that Saddam Hussein was seeking nuclear weapons.” It calls the leaking of the information to a variety of press sources “clumsy,” and says the handling of the information exposed Bush “to the hyperbolic charges of misconduct and hypocrisy that Democrats are leveling.” The Post says that nothing was illegal or untoward about Cheney’s method of releasing the information—authorizing his chief of staff, Lewis Libby, to leak the information to New York Times reporter Judith Miller—instead of the usual methodology of officially declassifying the information and then sharing it with the press in a briefing. But Cheney’s actions, the Post says, made “Bush look foolish” when he “subsequently denounced a different leak in the same controversy and vow[ed] to ‘get to the bottom’ of it.” The Post turns its focus onto former ambassador Joseph Wilson, accusing him of lying about his conclusions that Niger had not attempted to sell Iraq any uranium (see July 6, 2003), and saying that the White House made no attempts to smear or discredit him (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). The Post also reiterates the disproven claim that Wilson was sent to Niger by his wife, outed CIA official Valerie Plame Wilson (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [Washington Post, 4/9/2006]
Similar Editorials from Three Other Publications - The New York Post, National Review, and Wall Street Journal ran very similar editorials in the days before the Washington Post editorial. [New York Post, 4/7/2006; National Review, 4/8/2006; Wall Street Journal, 4/8/2006]
Post News Report Contradicts Editorial - The same day that the Post publishes the editorial, it also prints an article by veteran reporters Barton Gellman and Dafna Linzer that documents an extensive White House effort to besmirch Wilson’s credibility. The reporters write: “Fitzgerald wrote that Cheney and his aides saw Wilson as a threat to ‘the credibility of the vice president (and the president) on a matter of signal importance: the rationale for the war in Iraq.’ They decided to respond by implying that Wilson got his CIA assignment by ‘nepotism.’” [Washington Post, 4/9/2006]
'BushCo Propaganda' - Author and film producer Jane Hamsher, who runs the liberal blog FireDogLake, calls the Post editorial “an unmitigated piece of BushCo. propaganda” and devotes a considerable amount of space to challenging the editorial’s assertions. [Jane Hamsher, 4/9/2006]

Entity Tags: Judith Miller, George W. Bush, Fred Hiatt, Dafna Linzer, Barton Gellman, Joseph C. Wilson, Washington Post, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Jane Hamsher, National Review, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Wall Street Journal, New York Post

Timeline Tags: Niger Uranium and Plame Outing

Former prosecutor Joseph diGenova, a veteran Washington attorney with deep Republican ties, says he believes President Bush will pardon former White House official Lewis Libby (see October 28, 2005). “I can’t imagine this case going to trial,” diGenova says. “You’ll see a pardon first.” [Los Angeles Times, 4/9/2006] DiGenova has previously stated that he believes no crime was committed by leaking Valerie Plame Wilson’s CIA identity to the public, in part because her identity was “well known” (see February 10, 2004).

Entity Tags: Joseph diGenova, Lewis (“Scooter”) Libby, Valerie Plame Wilson, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Former federal prosecutor Elizabeth de la Vega addresses the claim that a president has the unilateral right to declassify information, in light of recent evidence that shows President Bush authorized the declassification of portions of a National Intelligence Estimate (NIE) for political purposes (see April 5, 2006 and April 9, 2006). De la Vega notes that when Bush and Vice President Dick Cheney declassified portions of the NIE to discredit war critic Joseph Wilson, Bush had officially begun his presidential re-election campaign, having already participated in fundraisers that had netted the 2004 Bush-Cheney campaign over $10 million, and was working to raise almost $200 million more. Moreover, Cheney’s chief of staff, Lewis Libby, misrepresented the NIE’s findings by telling reporter Judith Miller, falsely, that the NIE proved Iraq had attempted to purchase uranium from Niger (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). De la Vega writes: “Is a president, on the eve of his reelection campaign, legally entitled to ward off political embarrassment and conceal past failures in the exercise of his office by unilaterally and informally declassifying selected—as well as false and misleading—portions of a classified National Intelligence Estimate that he has previously refused to declassify, in order to cause such information to be secretly disclosed under false pretenses in the name of a ‘former Hill staffer’ [Libby] to a single reporter, intending that reporter to publish such false and misleading information in a prominent national newspaper? The answer is obvious: No. Such a misuse of authority is the very essence of a criminal conspiracy to defraud the United States. It is also precisely the abuse of executive power that led to the impeachment of Richard M. Nixon” (see July 27, 1974, July 29, 1974, and July 30, 1974). [TomDispatch (.com), 4/9/2006]

Entity Tags: Richard (“Dick”) Cheney, Elizabeth de la Vega, Judith Miller, George W. Bush, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Former Secretary of State Colin Powell tells reporter Robert Scheer that neither he nor any of the State Department’s top experts believed that Iraq ever posed an imminent nuclear threat, contrary to the statements of President Bush, Vice President Dick Cheney, and other top White House officials. Powell says that Bush followed the advice of Cheney and the CIA (see October 1, 2002) in making the claim (see Mid-January 2003 and 9:01 pm January 28, 2003) and taking the country to war in Iraq. Scheer asks Powell why, in light of the State Department’s own intelligence bureau correctly concluding that the claims that Iraq attempted to buy uranium from Niger were false (see March 1, 2002, March 4, 2002, Mid-October 2002, and January 12, 2003), Bush ignored that information in making his case for war? Powell responds: “The CIA was pushing the aluminum tube argument heavily (see March 7, 2003) and Cheney went with that instead of what our guys wrote. That was a big mistake. It should never have been in the speech. I didn’t need [former ambassador Joseph] Wilson to tell me that there wasn’t a Niger connection. He didn’t tell us anything we didn’t already know. I never believed it” (see January 26, 2003). Powell adds that the responsibility for pressing the argument that Iraq was a nuclear threat was not Bush’s; rather, “That was all Cheney.” In his article, Scheer asks, “Why was this doubt, on the part of the secretary of state and others, about the salient facts justifying the invasion of Iraq kept from the public until we heard the truth from whistle-blower Wilson, whose credibility the president then sought to destroy?” [Truthdig, 4/11/2006]

Entity Tags: Robert Scheer, Bush administration (43), Central Intelligence Agency, Richard (“Dick”) Cheney, Colin Powell, US Department of State, Joseph C. Wilson, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

At a speech before an audience of students at Johns Hopkins University in Washington, President Bush attempts to dodge a question from a student about special prosecutor Patrick Fitzgerald’s assertion that Bush’s White House had sought to retaliate against former ambassador Joseph Wilson (see April 5, 2006). The New York Times observes: “Mr. Bush stumbled as he began his response before settling on an answer that sidestepped the question. He said he had ordered the formal declassification of the 2002 National Intelligence Estimate on Iraq in July 2003 because ‘it was important for people to get a better sense for why I was saying what I was saying in my speeches’ about Iraq’s efforts to reconstitute its weapons program. Mr. Bush said nothing about the earlier, informal authorization that Mr. Fitzgerald’s court filing revealed.” Bush concludes: “You’re just going to have to let Mr. Fitzgerald complete his case, and I hope you understand that. It’s a serious legal matter that we’ve got to be careful in making public statements about it.” [New York Times, 4/11/2006]

Entity Tags: Bush administration (43), Patrick J. Fitzgerald, Joseph C. Wilson, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

The Chicago Tribune editorial staff pens an op-ed calling on Vice President Dick Cheney to answer for his role in “the surreptitious disclosure of classified information related to the war in Iraq,” and, it adds, “not in the friendly venue of Fox News.” The editorial is apparently sparked by recent information from special counsel Patrick Fitzgerald that shows Cheney and President Bush deliberately released selected classified information to manipulate public perceptions about the war (see April 5, 2006, and April 9, 2006). The Tribune says that Cheney should hold “an unscripted news conference in which the vice president confronts all the questions that have been raised,” and notes, “For him to remain silent amid the current turmoil suggests that he—or the president—has something to hide.” [Chicago Tribune, 4/11/2006]

Entity Tags: Fox News, Chicago Tribune, Richard (“Dick”) Cheney, George W. Bush, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

A former senior government official says that President Bush’s selective declassification of portions of the National Intelligence Estimate (NIE—see October 1, 2002) for political purposes (see April 5, 2006), as testified to by Lewis Libby (see March 5, 2004 and March 24, 2004), was a misuse of the classification process for political reasons. Bush and his top officials released certain sections of the NIE to journalists (see 8:30 a.m. July 8, 2003) in an attempt to bolster their arguments in favor of invading Iraq, yet concealed other sections that showed how they misrepresented intelligence to suit their arguments. The former senior official says that the selective declassification was intertwined with the attempts to besmirch the reputation of war critic Joseph Wilson: “It was part and parcel of the same effort, but people don’t see it in that context yet.” The identify of the official is unstated. [National Journal, 4/6/2006] In 2007, Wilson’s wife, current senior CIA case officer Valerie Plame Wilson, will write that she experiences “a rush of relief” upon reading a New York Times story that reveals the “selective declassification” and the Times’s conclusion that “[i]t is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to punish Wilson” (see April 5, 2006). [Wilson, 2007, pp. 244]

Entity Tags: Joseph C. Wilson, Valerie Plame Wilson, Lewis (“Scooter”) Libby, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for indicted White House official Lewis “Scooter” Libby tell reporters that their client did not testify that either President Bush or Vice President Dick Cheney authorized him to disclose the identify of then-CIA agent Valerie Plame Wilson to reporters. After recent court filings by special prosecutor Patrick Fitzgerald revealed that Libby had testified about being authorized to disclose classified information to reporters by Bush and Cheney (see April 5, 2006), many reporters, pundits, and Internet bloggers have speculated that Libby was authorized by Bush and Cheney to reveal Plame Wilson’s identity. Libby’s lawyers say he never mentioned Plame Wilson’s name in conversations with reporters, and therefore never took part in a campaign to besmirch the reputation of her husband, former ambassador Joseph Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). The assertion is contradicted by several reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Fitzgerald has asserted that Libby revealed Plame Wilson’s identity as a covert CIA agent in order to allege that she sent her husband to Niger to debunk the tales of Iraqi attempts to buy Nigerien uranium “on account of nepotism” (see April 5, 2006). [Washington Post, 4/13/2006]

Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

John Hannah.John Hannah. [Source: PBS]Dick Cheney’s Office of the Vice President (OVP) is so cloaked in secrecy, journalist Robert Dreyfuss reports, that it routinely refuses to provide a directory of staff members or even the numbers of staff and employees. Dreyfus writes, “Like disciplined Bolsheviks slicing through a fractious opposition, Cheney’s team operates with a single-minded, ideological focus on the exercise of American military power, a belief in the untrammeled power of the presidency, and a fierce penchant for secrecy.” The list of current and former staffers includes, as of April 2006: former chief of staff Lewis Libby; his replacement, David Addington; top national security advisers Eric Edelman and Victoria Nuland; neoconservative and hardline Middle East specialists such as John Hannah, William Luti, and David Wurmser; anti-Chinese Asia specialists such as Stephen Yates and Samantha Ravich; a varying number of technocratic neoconservatives in other posts; and an array of communications specialists, including “Cheney’s Angels”: Mary Matalin, Juleanna Glover Weiss, Jennifer Millerwise, Jennifer Mayfield, Catherine Martin, and Lea Anne McBride. It is known that Cheney’s national security staff was assembled by Libby from various far-right think tanks such as the American Enterprise Institute, the Hudson Institute, and the Washington Institute for Near East Policy (WINEP), as well as carefully screened Cheney supporters from a variety of Washington law firms. [American Prospect, 4/16/2006] Lawrence Wilkerson, the former chief of staff to former Secretary of State Colin Powell, will recall in early 2007: “A friend of mine counted noses [at the office] and came away with 88. That doesn’t count others seconded from other agencies.” [Washington Monthly, 1/7/2007]
'Cabal' of Zealots - Wilkerson calls Cheney’s inner group a “cabal” of arrogant, intensely zealous, highly focused loyalists. Recalling Cheney’s staff interacting in a variety of interagency meetings and committees, “The staff that the vice president sent out made sure that those [committees] didn’t key anything up that wasn’t what the vice president wanted,” says Wilkerson. “Their style was simply to sit and listen, and take notes. And if things looked like they were going to go speedily to a decision that they knew that the vice president wasn’t going to like, generally they would, at the end of the meeting, in great bureaucratic style, they’d say: ‘We totally disagree. Meeting’s over.’” The committee agendas were generally scuttled. And if something did get written up as a “decision memo” bound for the Oval Office, Cheney himself would ensure that it died before ever reaching fruition.”
Sidestepping the NSC - The National Security Council (NSC) is designated as the ultimate arbiter for foreign policy options and recommendations for the president. But, according to Wilkerson, Cheney’s office and the NSC were often at loggerheads, and Cheney’s “shadow NSC” had the upper bureaucratic hand. Cheney “set up a staff that knew what the statutory NSC was doing, but the NSC statutory staff didn’t know what his staff was doing,” says Wilkerson.
China Threat - Cheney’s Asia advisers, Yates and Ravich, were most often encountered by Wilkerson. They helped drive Cheney’s agenda for China, which was obsessive to the point of paranoia. China was a grave, if long-term, threat to the US, they believed. The US must begin strongly cultivating Taiwan as a counterbalance to China, whom they asserted was preparing for military action against the US. Former US ambassador to China Charles Freeman compares Yates to the Defense Department’s Paul Wolfowitz and Douglas Feith; all three believed, Freeman says, that China was “the solution to ‘enemy deprivation syndrome.’”
Iraq Policy - Cheney’s current and former staffers played an even larger role in shaping the administration’s Iraq policy than is generally known, and Cheney “seeded” staffers in other departments to promote his war agenda. Luti left the OVP in 2001 to join the Department of Defense, where he organized the Office of Special Plans (OSP). Wurmser, an AEI neoconservative, joined the Pentagon and created the forerunner of the OSP, the Counterterrorism Evaluation Group, which helped manufacture the evidence of connections between Hussein and al-Qaeda. Wurmser worked closely with Hannah, Libby, Luti, and another Pentagon official, Harold Rhode. Ravich worked with neoconservative Middle East analyst Zalmay Khalilzad to build up Ahmad Chalabi’s Iraqi National Congress, their designated supplanter of Hussein.
US or Israel Interests? - Many of Cheney’s most influential staffers are pro-Israeli to the point where many observers wonder where their ultimate loyalties lie. David Wurmser is a standout of this group. Wurmser worked at WINEP with Hannah, then joined the AEI, where he directed that group’s Middle East affairs, then joined Feith’s OSP before moving on to Bolton’s inner circle at the State Department, all before joining Cheney in the OVP. Most outsiders consider Wurmser’s ideas wildly unrealistic. A former ambassador says of Wurmser, “I’ve known him for years, and I consider him to be a naive simpleton.” [American Prospect, 4/16/2006]

The Government Accountability Office (GAO), Congress’s non-partisan research arm, issues a report criticizing the government’s sharing of counterterrorism information. Despite more than four years of legislation and executive orders, there has been little progress since 9/11 in sharing information among federal agencies and thousands of nonfederal partners. Deadlines set by both President Bush and Congress have repeatedly not been met. The responsibility for the task has also repeatedly shifted since 9/11—from the White House to the Office of Management and Budget, to the Department of Homeland Security, and to the Director of National Intelligence. In January 2006, the program manager in charge of improving information sharing between agencies resigned after complaining of inadequate budget and staffing. The GAO report notes that there is a lack of “government-wide policies and processes to help agencies integrate the myriad of ongoing efforts to improve the sharing of terrorism-related information…” For instance, there are at least 56 different secrecy classifications in use, with different agencies using different terms or sometimes the same terms with widely different meanings. State and local first responders claim they are often left in the dark or overwhelmed with identical information from multiple federal sources. [Washington Post, 4/19/2006]

Entity Tags: Office of Management and Budget, US Department of Homeland Security, George W. Bush, Office of the Director of National Intelligence, Government Accountability Office, US Congress, White House

Timeline Tags: Complete 911 Timeline

According to the White House, deputy chief of staff Karl Rove gives up his day-to-day control over the Bush administration’s domestic policy in order to concentrate on the upcoming midterm elections. The announcement comes on the same day as press secretary Scott McClellan’s resignation announcement (see April 20, 2006). Many observers believe that the internal shakeup has something to do with the ongoing Plame Wilson identity leak investigation, and the upcoming trial of former White House aide Lewis Libby (see January 16-23, 2007). The shakeup is being handled by White House chief of staff Joshua Bolten, himself a recent replacement for the departed Andrew Card. Rove will retain his title and his position as President Bush’s senior adviser. “The president and the new chief of staff said they wanted me focused on the big strategic issues facing the administration,” Rove says. Rove’s domestic policy duties will be assumed by Joel Kaplan, the White House’s deputy budget director. Rove’s recent mishandling of the White House’s failed attempt to “sell” the privatization of Social Security to Congress and the citizenry is also a factor in his reassignment, observers note, as well as his poor handling of the federal government’s response to Hurricane Katrina and the failed attempt to overhaul the nation’s immigration laws. Some Congressional Republicans believe Rove has too much influence within the White House, and is being distracted by the Plame Wilson investigation. The director of American University’s Center for Congressional and Presidential Studies, James Thurber, says: “Karl Rove is a great guy in terms of developing issues for a campaign, but he’s not done well on advocating policy in a governance setting. The job is diminished, but he probably doesn’t mind that. He’s a racehorse in a campaign.” White House communications director Nicolle Wallace says Rove’s reassignment takes the White House back to its successful personnel strategy from the first Bush term: “We’re returning to the structure we had at the beginning of the first term. All that changes is that the management of the day-to-day policy process will be put under Joel. Karl will keep the high-yield strategic role that he’s always had.” But former Republican House member Vin Weber, a lobbyist who is close to the White House, says that Rove’s role in the White House will change little, and that the reassignment is largely cosmetic. “The notion that this is a demotion just doesn’t ring true to me,” Weber says. “He’s been the guy who wrote his own job description pretty much. I think that is still more true than less true.” Senator Charles Schumer (D-NY) applauds the change, saying: “The White House has never separated politics from policy and that’s been one of the reasons for its undoing. Late is better than never, but the key for the White House will be getting a new person in charge of policy independent from Karl Rove who understands that policy is not simply politics.” Democratic National Committee chairman Howard Dean calls Rove’s reassignment a “demotion,” and says Bush should have fired Rove over his role in the Plame Wilson identity leak (see July 10, 2005). [New York Times, 4/20/2006]

Entity Tags: George W. Bush, Vin Weber, Andrew Card, Scott McClellan, Charles Schumer, Nicolle Wallace, Karl C. Rove, Howard Dean, James Thurber, Lewis (“Scooter”) Libby, Joshua Bolten, Joel Kaplan, Bush administration (43)

Timeline Tags: Niger Uranium and Plame Outing

White House press secretary Scott McClellan, who has faced an increasingly disbelieving and hostile Washington press corp in his role as Bush administration spokesman in handling the Plame Wilson identity leak (see July 11, 2005), announces his upcoming resignation. Possible successors include Fox News commentator Tony Snow, former Pentagon spokeswoman Victoria Clarke, and Dan Senor, a former coalition spokesman after the invasion of Iraq, though Clarke says she is not interested in the job. President Bush says McClellan has had “a challenging assignment.” He adds: “I thought he handled his assignment with class, integrity. It’s going to be hard to replace Scott, but nevertheless he made the decision and I accepted it. One of these days, he and I are going to be rocking in chairs in Texas and talking about the good old days.” McClellan tells reporters that he has been considering leaving for weeks, ever since chief of staff Andrew Card announced his own resignation. “With a new chief of staff coming on board,” McClellan says, “it was a good time to make this decision. And three years would have been an awfully long time in this position. I’ve been at this for a long time and I didn’t need much encouragement to make this decision, even though you all [reporters] kept tempting me.” [MSNBC, 4/20/2006; New York Times, 4/20/2006] Neither Bush nor McClellan tell the press that McClellan did not decide on his own to leave, but was asked to resign by Card’s successor, Joshua Bolten. In his 2008 book What Happened, McClellan will write that he had indeed considered leaving his position, perhaps by July 15, 2006, but was taken aback when Bolten informed him the week before that he had made the decision for him to leave. “[T]his is a White House that is severely crippled and in need of change,” Bolten told McClellan. “One area that I have decided needs to change is your position.” McClellan will write that his first, emotional response was, “He’s ready to throw me to the wolves,” but rationally, he understands that Bolten is just making a decision he feels he needs to make. “I had been on the defensive too often since the Rove revelations in July” (see July 10, 2005 and July 10, 2005), McClellan will write. “A press secretary cannot survive for long under such circumstances.” McClellan will add that when he discusses his upcoming resignation with Bush, the president seems regretful that he is leaving, but McClellan is not entirely convinced of Bush’s sincerity, even when Bush tears up during their brief conversation. [McClellan, 2008, pp. 298-301]

Entity Tags: George W. Bush, Dan Senor, Victoria (“Torie”) Clarke, Tony Snow, Joshua Bolten, Scott McClellan, Bush administration (43)

Timeline Tags: Niger Uranium and Plame Outing

Author and historian Sean Wilentz argues that George W. Bush is perhaps the worst president in US history. [Princeton University, 4/21/2006; Rolling Stone, 11/21/2007] While Wilentz addresses several topics, he is particularly concerned with the Bush record on civil liberties in what Bush repeatedly calls “a time of war.” Wilentz writes: “No previous president appears to have squandered the public’s trust more than Bush has.… No other president—Lincoln in the Civil War, FDR in World War II, John F. Kennedy at critical moments of the Cold War—faced with such a monumental set of military and political circumstances failed to embrace the opposing political party to help wage a truly national struggle. But Bush shut out and even demonized the Democrats.… History may ultimately hold Bush in the greatest contempt for expanding the powers of the presidency beyond the limits laid down by the US Constitution.…[T]he Bush administration—in seeking to restore what [Vice President] Cheney, a Nixon administration veteran, has called ‘the legitimate authority of the presidency’—threatens to overturn the Framers’ healthy tension in favor of presidential absolutism. Armed with legal findings by his attorney general (and personal lawyer) Alberto Gonzales, the Bush White House has declared that the president’s powers as commander in chief in wartime are limitless. No previous wartime president has come close to making so grandiose a claim.” [Rolling Stone, 11/21/2007]

Entity Tags: George W. Bush, Abraham Lincoln, Franklin Delano Roosevelt, Richard (“Dick”) Cheney, Nixon administration, Alberto R. Gonzales, Sean Wilentz, John F. Kennedy

Timeline Tags: Civil Liberties

CBS’s 60 Minutes airs a half-hour interview with Italian journalist Elisabetta Burba, the first reporter to obtain the now-infamous forged documents that purported to show that Iraq attempted to buy uranium from Niger (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). The now-defunct 60 Minutes II had planned to show the segment just before the November 2004 elections, but questions from right-wing bloggers and commentators about another 60 Minutes II segment—one that showed President Bush did not fulfill his Texas Air National Guard duties during the Vietnam War—led CBS executives to pull the segment (see Late September 2004). [Newsweek, 9/23/2004; Rich, 2006, pp. 142-143; CBS News, 4/23/2006] CBS News president Andrew Heyward refused to air the story during the last week of September 2004, saying it would be “inappropriate” to air it during the last weeks of the 2004 presidential election campaign. Media observer Mary Jacoby says the CBS report contains little new information, but “is powerfully, coherently, and credibly reported.” She calls CBS “cowardly” for not airing the segment when it was originally scheduled. [Salon, 9/29/2004] Author Jane Hamsher, the owner of the progressive blog FireDogLake, writes that the 60 Minutes segment is “a simple, direct narrative that will reach millions of Americans and let them know that they have been duped.” The segment does not delve into the outing of CIA official Valerie Plame Wilson, staying strictly with the Iraq-Niger uranium claims, and, she writes, demonstrates that the officially sanctioned “investigations” into the claims were little more than “partisan hatchet jobs.” [Jane Hamsher, 4/23/2006]

Entity Tags: Valerie Plame Wilson, Mary Jacoby, George W. Bush, CBS News, Andrew Heyward, Jane Hamsher, Elisabetta Burba

Timeline Tags: Niger Uranium and Plame Outing

Neoconservative Reuel Marc Gerecht of the American Enterprise Institute says that “though George W. Bush, the State Department, the CIA, and the Pentagon really would prefer to do anything else,” it seems all but certain that the US will attack Iran to prevent that country from developing nuclear weapons. The Iranian mullahs are driven more by ideology than anything else, Gerecht reasons, and even US attempts to bribe them into shelving Iran’s nuclear program—much less diplomatic and economic sanctions—will not be effective. Gerecht writes that what is most wrong with Iran and other Middle Eastern Muslim nations is their fascination with what he calls “toxic ideas… Marxism, socialism, communism, fascism, and now increasingly Islamism, but never Adam Smith, Milton Friedman, or even the illiberal state-driven capitalisms of East Asia.” He predicts, “The Iranians won’t play ball.” But an American attack on Iran wouldn’t cause further problems in that increasingly chaotic region, Gerecht predicts, but will “actually accelerate internal debate” in a way that would be “painful for [Iran’s] ruling clergy.” As for imperiling the US mission in Iraq, Gerecht says dismissively that Iran “can’t really hurt us there.” [Weekly Standard, 4/24/2006; Vanity Fair, 3/2007] This is the latest of several calls by Gerecht to invade Iran (see February 18, 2002 and January 2005).

Entity Tags: Milton Friedman, Adam Smith, American Enterprise Institute, George W. Bush, Reuel Marc Gerecht, US Department of Defense, Central Intelligence Agency, US Department of State

Timeline Tags: US confrontation with Iran

Steven Calabresi, one of the architects of the ‘unitary executive’ theory, says Bush’s use of signing statements has gone too far.Steven Calabresi, one of the architects of the ‘unitary executive’ theory, says Bush’s use of signing statements has gone too far. [Source: MeFeedia]Legal scholars and constitutional experts decry President Bush’s claim that he can ignore or disobey laws with impunity. An examination by Boston Globe reporter Charlie Savage finds that to date, Bush has claimed the authority to disobey over 750 laws enacted since he took office (see January 20, 2001 and After, After September 11, 2001, January 27, 2002, November 5, 2002, March 12, 2004 and After, November 6, 2003, December 2004, December 17, 2004, Dec. 23, 2004, January 17, 2005, August 8, 2005, October 18, 2005, December 30, 2005, and January 23, 2006). He claims that as president, he has the power to override any statute passed by Congress when it conflicts with his interpretation of the Constitution. While the Constitution assigns Congress the power to write the laws and the president the duty “to take care that the laws be faithfully executed,” Bush asserts that he has no mandate to “execute” a law he believes is unconstitutional. Administration spokespersons have repeatedly said that Bush “will faithfully execute the law in a manner that is consistent with the Constitution,” but it is Bush who decides what is and is not constitutional. Many legal scholars disagree with Bush’s position, and accuse him of attempting to usurp Congressional power for himself.
Philip Cooper - Law professor Phillip Cooper says over the Bush administration’s tenure, it has relentlessly worked to concentrate ever more governmental power into the White House. “There is no question that this administration has been involved in a very carefully thought-out, systematic process of expanding presidential power at the expense of the other branches of government,” Cooper says. “This is really big, very expansive, and very significant.”
Christopher Kelley - Political science professor Christopher Kelley notes that Bush uses signing statements to abrogate Congressional powers in a manner inconsistent with Constitutional mandates. “He agrees to a compromise with members of Congress, and all of them are there for a public bill-signing ceremony, but then he takes back those compromises—and more often than not, without the Congress or the press or the public knowing what has happened,” Kelley says.
David Golove - Law professor David Golove says Bush has besmirched “the whole idea that there is a rule of law” because no one can be certain of which laws Bush thinks are valid and which he thinks he can ignore. “Where you have a president who is willing to declare vast quantities of the legislation that is passed during his term unconstitutional, it implies that he also thinks a very significant amount of the other laws that were already on the books before he became president are also unconstitutional,” Golove says. To the extent that Bush is interpreting the Constitution in defiance of Supreme Court rulings, Golove notes, he threatens to “overturn the existing structures of constitutional law.” When a president ignores the Court and is not restrained by a Congress that enables his usurpations, Golove says, the Constitution can be made to simply “disappear.” Golove adds, “Bush has essentially said that ‘We’re the executive branch and we’re going to carry this law out as we please, and if Congress wants to impeach us, go ahead and try it.’”
Jack Beerman - Law professor Jack Beermann says: “The president is daring Congress to act against his positions, and they’re not taking action because they don’t want to appear to be too critical of the president, given that their own fortunes are tied to his because they are all Republicans. Oversight gets much reduced in a situation where the president and Congress are controlled by the same party.”
Steven Calabresi - Former Justice Department official Steven Calabresi, who came up with the idea of using signing statements to counter Congressional powers during the Reagan administration (see August 23, 1985 - December 1985), now says, “I think what the administration has done in issuing no vetoes and scores of signing statements (see September 2007) is not the right way to approach this.”
Bruce Fein - Former Reagan Justice Department official Bruce Fein says: “This is an attempt by the president to have the final word on his own constitutional powers, which eliminates the checks and balances that keep the country a democracy. There is no way for an independent judiciary to check his assertions of power, and Congress isn’t doing it, either. So this is moving us toward an unlimited executive power.” [Boston Globe, 4/30/2006; Savage, 2007, pp. 243]

Entity Tags: Bush administration (43), Charlie Savage, Christopher Kelley, Jack Beermann, Bruce Fein, David Golove, George W. Bush, Phillip Cooper, Steven Calabresi

Timeline Tags: Civil Liberties

President Bush personally intervenes in a Justice Department attempt to investigate the NSA’s domestic surveillance program (see May 9, 2006), refusing to grant the Justice Department’s investigators routine security clearances so they can proceed with the investigation. Bush’s intervention is later admitted by Attorney General Alberto Gonzales in testimony before the Senate Judiciary Committee on July 18, 2006. Bush’s action to block the granting of clearances to the Justice Department’s Office of Professional Responsibility (OPR) is unprecedented, and astonishes many legal experts. As a result of his decision, the OPR has no choice but to drop the investigation (see May 9, 2006). The OPR investigation would not have determined whether the surveillance program was illegal or unconstitutional; rather, the office would have investigated “allegations of misconduct involving department attorneys that relate to the exercise of their authority to investigate, litigate, or provide legal advice,” according to the office’s policies and procedures. [Associated Press, 5/11/2006; USA Today, 7/18/2006; Washington Post, 7/19/2006; National Journal, 3/15/2007]
Stopping Gonzales from Being Investigated - The press later learns that had the probe gone forward, Gonzales himself would have been a prime target of inquiry. It is unclear if Bush knows the OPR investigation would have focused on Gonzales. The probe would have focused on Gonzales’s role in authorizing the eavesdropping program while he was White House counsel, as well as his subsequent oversight of the program as attorney general. Before Bush shuts down the probe, OPR investigators were preparing to question two crucial witnesses—Jack Goldsmith, the former chief of the Justice Department’s Office of Legal Counsel, and James A. Baker, the counsel for the department’s Office of Intelligence Policy and Review. Both Goldsmith and Baker had raised questions about the propriety and legality of numerous aspects of the wiretapping program. The OPR would have also examined documents detailing Gonzales’s participation in the program. [National Journal, 3/15/2007]
OPR Chief Counsel Protests Decision - Upon Gonzales’s admission of Bush’s action, OPR chief counsel H. Marshall Jarrett responds: “Since its creation some 31 years ago, OPR has conducted many highly sensitive investigations involving executive branch programs and has obtained access to information classified at the highest levels. In all those years, OPR has never been prevented from initiating or pursuing an investigation.” Jarrett notes in other memos that clearances had previously been granted to lawyers and agents from the Justice Department and the FBI who were assigned to investigate the original leak of the NSA program’s existence to the media. He also writes that numerous other investigators and officials, including members of Congress and the members of a federal civil liberties board, had been granted access to or been briefed on the program. On March 21, he will write to Gonzales’s deputy, “In contrast, our repeated requests for access to classified information about the NSA program have not been granted.” Gonzales will defend the president’s decicion by saying, in a letter to Judiciary Committee Chairman Arlen Specter (R-PA), that Bush “decided that protecting the secrecy and security of the program requires that a strict limit be placed on the number of persons granted access to information about the program for non-operational reasons. Every additional security clearance that is granted for the [program] increases the risk that national security might be compromised.” In other words, granting the OPR investigators routine security clearances, as has been done countless times in the last three decades as well as in the instances noted by Jarrett, would have jeopardized national security, according to Gonzales’s reasoning. [Associated Press, 5/11/2006; USA Today, 7/18/2006; Washington Post, 7/19/2006] “It is very difficult to understand why OPR was not given clearance so they could conduct their investigation,” Specter will say. “Many other lawyers in the Department of Justice had clearance.” [Boston Globe, 7/19/2006]
OPR Investigators Seeking Information Already in Justice Department's Possession - The questions surrounding the refusal to grant security clearances deepen when it is learned that the OPR investigators were only seeking information and documents relating to the NSA’s surveillance program that were already in the Justice Department’s possession, according to two senior government officials. The only classified information that OPR investigators were seeking was what had already been given to former Attorney General John Ashcroft, Gonzales, and other department attorneys in their original approval and advice on the program, the two senior government officials say. OPR’s request was limited to documents such as internal Justice Department communications and legal opinions, and didn’t extend to secrets that are the sole domain of other agencies. [National Journal, 5/29/2006]
OPR No; Private Citizens Yes - Jarrett will also note in his March 21 letter that, while Bush refused security clearances to OPR investigators, five “private individuals” who serve on Bush’s “Privacy and Civil Liberties Oversight Board have been briefed on the NSA program and have been granted authorization to receive the clearances in question.” Private citizens, especially those who serve only part-time on governmental panels, have traditionally been considered higher security risks than full-time government employees, who can lose their jobs or even be prosecuted for leaking to the press. Jarrett says that in contrast to the private individuals on Bush’s advisory board, OPR’s “repeated requests for access to classified information about the NSA have not been granted. As a result, this office, which is charged with monitoring the integrity of the department’s attorneys and with ensuring that the highest standards of professional ethics are maintained, has been precluded from performing its duties.” Michael Shaheen, who headed the OPR from its inception until 1997, will say that his staff “never, ever was denied a clearance” and that OPR under his leadership had conducted numerous investigations involving the activities of various attorneys general. “No attorney general has ever said no to me,” Shaheen says. [National Journal, 7/18/2006]
Inquiry Opened - The Justice Department’s inspector general, Glenn Fine, will open a preliminary inquiry into how the FBI has used the NSA’s surveillance data, which has often been obtained without judicial warrants and is considered by many legal experts to be illegal. Representative Maurice Hinchey (D-NY), who led the Congressional calls for an investigation of the NSA, says Bush’s decision is an example of “an administration that thinks it doesn’t have to follow the law.” [Washington Post, 7/19/2006] “We can’t have a president acting in a dictatorial fashion,” he says. [USA Today, 7/18/2006]
'Abusing' Their Offices? - Bruce Fein, a Republican constitutional lawyer who served in Ronald Reagan’s Justice Department, compares Gonzales unfavorably to Elliot Richardson, who resigned in 1973 rather than obey then-President Nixon’s order to fire Watergate special prosecutor Archibald Cox. “If he was like Elliot Richardson, he’d say, ‘Mr. President, I quit,’” Fein observes. [Think Progress, 7/18/2006; Washington Post, 7/19/2006] In 2007, law professor and legal ethics expert Charles Wolfram will say that if Gonzales did not inform the president that he might be a target of the OPR investigation, then he ill-served Bush and abused “the discretion of his office” for his own benefit. However, Wolfram will continue, if Gonzales did inform Bush that the probe might harm Gonzales, then “both [men] are abusing the discretion of their offices.” [National Journal, 3/15/2007]
Defending Bush's Decision - Bush officials dismiss the attempted investigation, and the criticisms by Fein, Hinchey, and others, as politically motivated. White House press secretary Tony Snow says the NSA wiretapping program is adequately supervised by internal oversight procedures, including periodic reviews by Gonzales. [Think Progress, 7/18/2006; Washington Post, 7/19/2006] “The Office of Professional Responsibility was not the proper venue for conducting that,” Snow says. He adds that Bush’s denial of the security clearances is warranted because “in the case of a highly classified program, you need to keep the number of people to it tight for reasons of national security, and that was what he did.” [National Journal, 3/15/2007]

Entity Tags: Maurice Hinchey, John Ashcroft, James Baker, Michael Shaheen, US Department of Justice, Office of Professional Responsibility, National Security Agency, Ronald Reagan, Jack Goldsmith, H. Marshall Jarrett, Elliot Richardson, George W. Bush, Alberto R. Gonzales, Archibald Cox, Glenn Fine, Arlen Specter, Charles Wolfram, Bruce Fein, Federal Bureau of Investigation, Senate Judiciary Committee, Tony Snow

Timeline Tags: Civil Liberties

President George Bush issues a memo granting the Director of National Intelligence (DNI) the authority to authorize a corporation to conceal any of its activities related to national security under United States Code 15 USC 78m(b)(3)(A). [US Code Title 15,78m; George W. Bush, 5/5/2006] The memo follows recent allegations that telecommunications firms AT&T, BellSouth, and Verizon have all provided records of US citizens’ telephone communications to the National Security Agency as part of the NSA’s warrantless surveillance program (see October 2001 and February 5, 2006). Almost two months later, Representative Jan Schakowsky (D-IL) learns of the memo and demands an explanation from DNI John Negroponte. Schakowsky will write in part: “I am concerned about this new authority because under it, the DNI does not need to seek any permission from the president or Congress to issue such directives and there is minimal oversight once the directive is given. In fact, it is my understanding that since the DNI is only required to report on directives ‘active’ on the annual October 1st reporting date, the DNI could in fact cover up all directives by having them expire on September 30th of the reporting year. I believe that such expansive authority coupled with lax oversight could lead to the misuse of the power, the over-issuing of directives, and the hiding of activities that could be unconstitutional and violations of citizens’ civil liberties. For instance, I believe that such directives could have been issued to the major telecommunications firms concerning the sharing of phone call records with the National Security Agency without citizens’ knowledge or consent.” Schakowsky asks if there was “a particular corporate activity that the DNI or another believed warranted such protection from disclosure and liability,” how many such directives his office has issued since he was granted such authority, whether any such directives were retroactive, how it is determined that “national security” matters are at stake and who makes such determinations, and whether directives telecommunications firms provide citizens’ phone records without their knowledge or consent are being “covered up.” Negroponte’s reply to Schakowsky, if any, is not known. [Jan Schakowsky, 6/27/2006]

Entity Tags: National Security Agency, Verizon Communications, John Negroponte, George W. Bush, BellSouth, Jan Schakowsky, AT&T

Timeline Tags: Civil Liberties

Army documents released by the American Civil Liberties Union (ACLU) reveal that Lieutenant General Ricardo Sanchez, the former commander of US forces in Iraq, ordered military interrogators to “go to the outer limits” to get information from detainees (see May 19, 2004). The documents also show that senior government officials were aware of abuse in Iraq and Afghanistan before the Abu Ghraib scandal broke. ACLU executive director Anthony Romero says: “When our leaders allow and even encourage abuse at the ‘outer limits,’ America suffers. A nation that works to bring freedom and liberty to other parts of the world shouldn’t stomach brutality and inhumanity within its ranks. This abuse of power was engineered and accepted at the highest levels of our government.” The ACLU also releases an April 2004 information paper entitled “Allegations of Detainee Abuse in Iraq and Afghanistan” that outlined the status of 62 investigations of detainee abuse at Abu Ghraib (see April 2, 2004). According to the ACLU, the documents show that, far from being the work of “a few bad apples” as alleged by President Bush and other White House officials (see Mid-May 2004, August 2004, September 10, 2004, and October 1, 2004), the torture and abuse of prisoners at Abu Ghraib was systematic and authorized by high-level officials, including Sanchez. “These documents are further proof that the abuse of detainees was widespread and systemic, and not aberrational,” says ACLU attorney Amrit Singh. “We know that senior officials endorsed this abuse, but these officials have yet to be held accountable.” Other documents show that US soldiers escaped prosecution after killing a detainee in their custody (see March 3, 2005), several reports of detainee abuse are considered “true/valid” (see May 25, 2004), and a military doctor cleared a detainee for further interrogations even after documenting injuries inflicted by beatings and electric shocks (see June 1, 2004). [American Civil Liberties Union, 5/2/2006]

Entity Tags: Amrit Singh, American Civil Liberties Union, US Department of the Army, Ricardo S. Sanchez, George W. Bush, Anthony D. Romero

Timeline Tags: Torture of US Captives

Maurice Hinchey.Maurice Hinchey. [Source: Washington Post]A Justice Department investigation into the National Security Agency’s warrantless wiretapping program ends before it begins, because the NSA will not grant Justice Department lawyers routine security clearances. The investigation had been opened in February 2006 (see February 2, 2006) when Representative Maurice Hinchey (D-NY) asked the Justice Department’s Office of Professional Responsibility (OPR) to investigate the NSA’s warrantless surveillance of US citizens (see After September 11, 2001). Without security clearances, investigators could not examine NSA lawyers’ role in the program. OPR counsel H. Marshall Jarrett writes in a letter to Hinchey: “We have been unable to make any meaningful progress in our investigation because OPR has been denied security clearances for access to information about the NSA program. Without these clearances, we cannot investigate this matter and therefore have closed our investigation.” Jarrett and his office have made routine requests for security clearances since January, to no avail. The OPR’s investigation would have focused strictly on whether Justice Department lawyers violated ethical rules, and would not have examined the entire NSA program. Hinchey says, “This administration thinks they can just violate any law they want, and they’ve created a culture of fear to try to get away with that.” [Associated Press, 5/11/2006] Hinchey writes to Jarrett, regarding the failure to grant clearances: “We are perplexed and cannot make sense of your denial of these security clearances. Our request did not ask OPR to give us the intricate details of the NSA program; we understand that such a request would not even be within OPR’s jurisdiction. There appear to be no reasonable grounds for blocking this investigation. Not only does your denial of their request for a security clearance not make sense, it is unprecedented.” Hinchey will try, and fail, to get a bill through the Republican-controlled House Judiciary Committee to force the White House, Justice Department, and Defense Department to turn over to Congress all documents related to the closure of the OPR probe. He will write in a letter to President Bush, “If the NSA program is justified and legal, as you yourself have indicated, then there is no reason to prevent this investigation from continuing.” [US House of Representatives, 7/18/2006] In June 2006, it will be revealed that Bush personally made the decision not to grant the OPR investigators security clearances (see Late April 2006).

Entity Tags: Office of Professional Responsibility, Maurice Hinchey, US Department of Justice, George W. Bush, H. Marshall Jarrett, National Security Agency

Timeline Tags: Civil Liberties

President Bush reiterates claims that the NSA wiretapping program specifically targets only suspected al-Qaeda members and sympathizers and does not target domestic communications without court authorizations. “[T]he privacy of ordinary Americans is fiercely protected in all our activities,” Bush asserts. “We’re not mining or trolling through the personal lives of millions of innocent Americans.” Serious questions have been raised about the accuracy of these assertions (see October 2001, December 18, 2005, and May 12, 2006). [Democracy Now!, 5/12/2006]

Entity Tags: Terrorist Surveillance Program, National Security Agency, Al-Qaeda, George W. Bush

Timeline Tags: Civil Liberties

Former NSA Director Michael Hayden, testifying as part of his nomination hearings to head the CIA, denies that the NSA has engaged in illegal surveillance operations against US citizens, after allegations by former Qwest CEO Joe Nacchio that he met with NSA officials well before the 9/11 attacks and discussed such a surveillance program. Nacchio refused to cooperate with the NSA, and he says that his telecommunications firm suffered retaliation as a result of his refusal (see February 27, 2001). Other telecom firms such as BellSouth, AT&T, and Verizon did cooperate (see February 2001 and Beyond). Court documents show that Nacchio balked at cooperating with the NSA after learning that the agency wanted Qwest’s phone records of the firm’s customers, but had no warrants or approval from the Foreign Intelligence Surveillance Court, which oversees all US intelligence agencies’ surveillance operations.
Denial - Hayden denies that the NSA has broken the law, and that it has complied with its oversight responsibilities. “Everything that the agency has done has been lawful,” he says. “It’s been briefed to the appropriate members of Congress. The only purpose of the agency’s activities is to preserve the security and the liberty of the American people. And I think we’ve done that.” Nacchio says the NSA continued to make similar requests of Qwest until he left the firm in June 2002. The court documents are part of Nacchio’s trial on numerous counts of insider trading.
Political Reaction - The White House and Senate Republicans are generally supportive of Hayden while Senate Democrats have mixed feelings. One who questions Hayden’s credibility is Ron Wyden (D-OR) of the Senate Intelligence Committee, who says, “The American people have got to know that when the person who heads the CIA makes a statement that they are getting the full picture.” In contrast, Kit Bond (R-MO), a member of the select panel allowed access to classified information on the warrantless surveillance program, says, “The president’s program uses information collected from phone companies,” but only the telephone number called and the caller’s number. Conversations, says Bond, are not recorded. President Bush says that the NSA wiretapping program is not “mining or trolling through the personal lives of millions of innocent Americans.”
Scope of Program - A senior government official given permission to speak anonymously about the program says that while the NSA has access to records of almost all domestic phone calls, the records are used solely to trace regular contacts of “known bad guys.” The NSA needs access to the entirety of citizens’ phone communications, the official says, but it isn’t “interested in the vast majority of them.” [Associated Press, 5/12/2006; New York Times, 5/12/2006; CBS News, 5/12/2006]

Entity Tags: National Security Agency, Senate Intelligence Committee, Michael Hayden, Verizon Communications, Ron Wyden, Qwest, George W. Bush, Foreign Intelligence Surveillance Court, AT&T, Bush administration (43), BellSouth, Joe Nacchio, Christopher (“Kit”) Bond, Central Intelligence Agency

Timeline Tags: Civil Liberties

Bobby Ray Inman.Bobby Ray Inman. [Source: DefenseTech.org]Former NSA director Bobby Ray Inman says that the secret NSA program to wiretap US citizens’ phone and e-mail conversations without court warrants (see After September 11, 2001) “is not authorized.” President Bush authorized the secret wiretapping over four years ago (see Early 2002), a program only revealed at the end of 2005 (see December 15, 2005). Since the program was revealed, it has created tremendous controversy over its possible illegality and its encroachment on fundamental American civil liberties. Bush and other White House officials have repeatedly asserted that the program is legal, mainly because Bush and his officials assert that the president has the authority to implement such a program (see December 15, 2005); Bush also insists, as recently as the day before Inman’s statement, that the program is only being used to spy on terrorists and the privacy of US citizens is being “fiercely protected,” a statement that does not jibe with the facts. [Democracy Now!, 5/12/2006]

Entity Tags: National Security Agency, Al-Qaeda, Bobby Ray Inman, Bush administration (43), George W. Bush

Timeline Tags: Civil Liberties

Two public interest lawyers sue Verizon Communications for $5 billion, claiming the telecommunications firm violated privacy laws by giving the phone records of its customers to the NSA for that agency’s secret, warrantless domestic surveillance program. Lawyers Bruce Afran and Carl Mayer are asking that Verizon stop turning over its records to the NSA without either a court order or the consent of the customer. Afran says of the NSA program, “This is the largest and most vast intrusion of civil liberties we’ve ever seen in the United States.” [CBS News, 5/12/2006] Days later, AT&T and BellSouth are added to the lawsuit. [CNN, 5/17/2006]
Verizon Helped Build an NSA Database? - The day before, the press reports that the NSA has built a database of millions of domestic phone records since shortly after the 9/11 attacks, using records from Verizon, BellSouth, and AT&T (see May 11, 2006). Former Qwest CEO Joe Nacchio, whose firm refused to cooperate with the NSA, says that he was approached months before the attacks to help set up such a program (see February 27, 2001). The NSA has the power, under President Bush’s interpretation of his wartime authority, to have the agency eavesdrop on international calls made to or from the US, but cannot legally eavesdrop on internal calls unless it has a court order. The lawsuit claims that the telecoms violated the Constitution and the Telecommunications Act by giving its records to the government without court authorization. The lawsuit seeks $1,000 for each violation of the Telecommunications Act, or $5 billion if the case is certified as a class-action suit. The lawyers are seeking documents detailing the origins of the NSA program, as well as Bush’s own role in authorizing the program. “Federal law prohibits the phone companies from giving records to the government without a warrant,” says Afran. “There was no warrant, nor was there any attempt to get warrants, which is in violation of the constitution and the Telecommunications Act.” [CBS News, 5/12/2006; CNET News, 5/15/2006] Afran says, “One of the purposes of this case is to, quite frankly, hold the threat of financial destruction over the heads of the phone companies to make them abandon this policy of cooperating with warrantless searches by the government.” [National Public Radio, 5/17/2006] The lawsuit alleges that Verizon constructed a dedicated fiber optic line from New Jersey to a large military base in Quantico, Virginia, that allowed government officials to gain access to all communications flowing through the carrier’s operations center. A former consultant who worked on internal security will later say he had tried numerous times to install safeguards on the line to prevent hacking on the system, as he was doing for other lines at the operations center, but he was prevented from doing so by a senior security official. One of the allegations against Verizon in the lawsuit is made by Philadelphia resident Norman LeBoon, who says after he read of the alleged surveillance of US citizens, he began asking Verizon if his landline communications were being shared. LeBoon says he eventually spoke with “Ellen” in Verizon customer service, who told him, “I can tell you, Mr. LeBoon, that your records have been shared with the government, but that’s between you and me.… They [Verizon] are going to deny it because of national security. The government is denying it and we have to deny it, too. Around here we are saying that Verizon has ‘plausible deniability.’” [Truthdig, 8/9/2007]
AT&T Grants Unlimited Access? - The lawsuit claims that in February 2001, days before Qwest was approached, NSA officials met with AT&T officials to discuss replicating an AT&t network center to give the agency access to all the global phone and e-mail traffic that ran through it (see February 2001).
Earlier Reporting Made Key Error - Earlier reporting of the NSA’s cooperation with the telecoms got a key detail wrong, says telecom analyst Scott Cleland: “What I think people got wrong with the original reporting, was that this was local phone companies tracking local phone calls. What is clear now is they were tracking long distance calls.” [National Public Radio, 5/17/2006]

Entity Tags: Norman LeBoon, Qwest, National Security Agency, George W. Bush, Joe Nacchio, Michael Hayden, Bruce Afran, Carl Mayer, Verizon Communications

Timeline Tags: Civil Liberties

Jason Leopold.Jason Leopold. [Source: CrooksAndLiars (.com)]Investigative reporter Jason Leopold reports that White House political strategist Karl Rove has informed President Bush and other high-level White House officials that he will be indicted as a result of the Valerie Plame Wilson identity leak investigation, and will resign his position in the Bush administration when special counsel Patrick Fitzgerald makes the indictment public. Leopold says his sources include “a half-dozen White House aides and two senior officials who work at the Republican National Committee.” Rove has been stripped of his policy duties and is no longer deputy chief of staff, though White House officials claim the move is to allow him to focus completely on the 2006 midterm elections. Leopold’s sources say that a public announcement by Fitzgerald is not imminent, “despite the fact that Fitzgerald has already presented the grand jury with a list of charges against Rove. If an indictment is returned by the grand jury, it will be filed under seal.” Rove is said to have told White House chief of staff Joshua Bolten that he will be charged with perjury, stemming from his alleged lying under oath to Fitzgerald’s grand jury (see October 15, 2004, October 14, 2005, and April 26, 2006). “We need to start fresh and we can’t do that with the uncertainty of Karl’s case hanging over our heads,” Leopold quotes one unnamed White House aide as saying. “There’s no doubt that it will be front page news if and when [an indictment] happens. But eventually it will become old news quickly. The key issue here is that the president or Mr. Bolten respond to the charges immediately, make a statement, and then move on to other important policy issues and keep that as the main focus going forward.” [Truthout (.org), 5/12/2006] Leopold’s reporting is incorrect; a month later, Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006).

Entity Tags: Republican National Committee, Bush administration (43), George W. Bush, Karl C. Rove, Jason Leopold, Patrick J. Fitzgerald, Joshua Bolten

Timeline Tags: Niger Uranium and Plame Outing

A photograph of the copy of Wilson’s op-ed annotated by Dick Cheney.A photograph of the copy of Wilson’s op-ed annotated by Dick Cheney. [Source: Department of Justice / New York Times] (click image to enlarge)Special prosecutor Patrick Fitzgerald, pursuing charges that former vice-presidential chief of staff Lewis “Scooter” Libby lied to his grand jury about revealing the identity of CIA undercover agent Valerie Plame Wilson (see January 2004, March 5, 2004, and March 24, 2004), introduces into evidence a document that directly implicates Libby’s former boss, Vice President Dick Cheney, in Libby’s allegedly criminal behavior.
Notated Clipping - Fitzgerald submits an original clipping of a New York Times op-ed written by Plame Wilson’s husband, Joseph Wilson, challenging the Bush administration’s claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003). The clipping bears notations in Cheney’s own hand, as well as Cheney’s fingerprints. Cheney’s commentary reads: “Have they done this sort of thing before? [Cheney is referring to the CIA’s decision to send Wilson to Niger to investigate the uranium claims—see February 21, 2002-March 4, 2002.] Send an amb. to answer a question. Do we ordinarily send people out to do pro bono work for us? Or did his wife send him on a junket?” It is unclear when Cheney made the notes, but prosecutors believe they were taken before the July 14, 2003 column by Robert Novak that outed Plame Wilson (see July 14, 2003). According to Fitzgerald’s filing, Cheney’s copy of the op-ed is now “at the center of the sequence of events leading” to Libby’s alleged perjury and obstruction of justice. [CNN, 5/14/2006; New York Times, 5/14/2006; Newsweek, 5/16/2006]
'Acutely Focused' Attention of Cheney, Libby on Wilson - The filing goes on to state that Cheney’s notes support the idea that Wilson’s op-ed drew the attention of Cheney and Libby, and “acutely focused” their attention on Wilson’s assertions “and on responding to those assertions.… The article, and the fact that it contained certain criticisms of the administration, including criticism regarding issues dealt with by the Office of the Vice President, serve both to explain the context of, and provide the motive for, many of the defendant’s statements and actions at issue in this case. The annotated version of the article reflects the contemporaneous reaction of the vice president to Mr. Wilson’s op-ed article, and thus is relevant to establishing some of the facts that were viewed as important by the defendant’s immediate superior, including whether Mr. Wilson’s wife had sent him on a junket.” [CNN, 5/14/2006; Newsweek, 5/16/2006] Libby testified before the grand jury about the annotated op-ed, and that testimony is now entered into evidence. Libby said he recalled discussing the issues with Cheney, and said of those conversations: “I recall that along the way he asked, ‘Is this normal for them to just send somebody out like this uncompensated, as it says?’ He was interested in how did that person come to be selected for this mission. And at some point, his wife worked at the agency, you know, that was part of the question.” A prosecutor asked Libby, “Was it a topic that was discussed on a daily basis… on multiple occasions each day in fact?” Libby answered, “Yes, sir.” Libby acknowledged that during that time, Cheney indicated that he was upset about the Wilson article and what he considered to be false attacks on his credibility, saying: “I recall that he was very keen to get the truth out. He wanted to get all the facts out about what he [Cheney] had or hadn’t done—what the facts were or were not. He was very keen on that and said it repeatedly. ‘Let’s get everything out.’” During his testimony before the grand jury, prosecutors did not believe Libby’s assertion that Cheney might have “scribbled” notes on the Wilson op-ed on July 14, the day Novak’s column was published. Libby testified: “And I think what may have happened here is what he may have—I don’t know if he wrote, he wrote the points down. He might have pulled out the column to think about the problem and written on it, but I don’t know. You’ll have to ask him.” [National Journal, 1/12/2007]
Cheney's Other Actions - Fitzgerald has already asserted that Cheney had attempted to pass Wilson’s trip to Niger off as a “junket”—essentially a taxpayer-funded excursion with little real purpose—to discredit Wilson’s claims about the Iraq-Niger affair. Fitzgerald has also asserted that Cheney, acting with the approval of President Bush, authorized Libby to disclose some of the classfied portions of the 2002 National Intelligence Estimate on Iraq (see October 1, 2002, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) to reporters to rebut some of Wilson’s claims. The Cheney notes provide, in reporter Michael Isikoff’s words, “significant new context to that assertion.” The notes show that Cheney had “personally raised questions about Wilson’s trip right after the publication of the Wilson column—and five days before Libby confirmed to Time reporter Matt Cooper that he had ‘heard’ that Wilson’s wife… had played a role in sending him to Africa” (see July 13, 2005). [CNN, 5/14/2006; Newsweek, 5/16/2006]
Cheney 'at Center of Campaign to Discredit Wilson' - Authors Lou Dubose and Jake Bernstein later write, “The annotation places Cheney at the center of the campaign to discredit Wilson, aware early on that Wilson’s wife was a CIA agent.” [Dubose and Bernstein, 2006, pp. 217] Plame Wilson herself will write: “Given Cheney’s vaunted decades of government service, it is frankly unbelievable that he would ask such questions. He would have known that the CIA frequently sends US citizens abroad, on a pro bono basis, to answer specific intelligence questions. It is even quite possible that the CIA debriefed employees of Halliburton, the multinational company that Cheney headed prior to becoming vice president, when they returned from business trips in restricted countries of interest to the United States. Cheney’s marginal notes should be more accurately interpreted as marching orders to staff on how to spin Joe’s story so that Cheney could stay as far from it as possible while simultaneously undermining Joe’s credibility.” (Emphasis in the original.) [Wilson, 2007, pp. 288]

Entity Tags: George W. Bush, Michael Isikoff, Jake Bernstein, Joseph C. Wilson, Lewis (“Scooter”) Libby, Lou Dubose, Valerie Plame Wilson, Office of the Vice President, Patrick J. Fitzgerald, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Ira Winkler.Ira Winkler. [Source: Canadian Broadcasting Corporation]Former NSA analyst Ira Winkler, author of the 2005 book Spies Among Us, writes of his disgust with the NSA’s domestic surveillance program, saying that because it is warrantless, it is illegal. He argues the program violates both the NSA’s rules of engagement and its long-term missions.
Warrantless Surveillance is Illegal - Securing warrants under the Foreign Intelligence Surveillance Act is easily done, Winkler says: “FISA blocks no legitimate acquisition of knowledge. It doesn’t even slow the process down.” The problem, Winkler says, is that the program is so large that securing FISA warrants for every communication the NSA monitors “would [take] an army of lawyers to get all the warrants they’d need to be in compliance with FISA.” However: “[T]he law is the law. No president has the right to pick and choose which laws they find convenient to follow.” President Bush could have asked Congress to amend the FISA laws: “After all, after 9/11 Congress passed a wide variety of laws (without, for the most part, reading them) that were supposed to prevent another attack. They could have easily slipped something modifying FISA into all of that legislation. They did not, though recent revelations about this administration’s use of signing statements may indicate that they simply didn’t want to raise the possibility of questions.” Merely ignoring FISA “is illegal,” Winkler writes.
Weakens National Security - Another issue is national security. Not obtaining warrants actually weakens natural security, he argues, “since the process of obtaining the warrants has an effect on quality control.” For example: “To date, FBI agents have been sent out to do thousands of investigations based on this warrantless wiretapping. None of those investigations turned up a legitimate lead. I have spoken to about a dozen agents, and they all roll their eyes and indicate disgust with the man-years of wasted effort being put into physically examining NSA ‘leads.’ This scattershot attempt at data mining drags FBI agents away from real investigations, while destroying the NSA’s credibility in the eyes of law enforcement and the public in general. That loss of credibility makes the NSA the agency that cried wolf—and after so many false leads, should they provide something useful, the data will be looked at skeptically and perhaps given lower priority by law enforcement than it would otherwise have been given.” Winkler says the NSA’s claim that it does not retain any personal information is ludicrous. “Frankly, you have to be a complete moron to believe that,” he writes. “It is trivial to narrow down access to a phone number to just a few members of a household, if not in fact to exactly one person.”
Extortion - And the warrantless surveillance is not the only illegal action taken by the government. If the government did threaten one telecom firm, Qwest, for not cooperating (see February 2001), “[t]hat’s extortion—another crime.” Winkler writes that both Congress and the American people must demand answers, or the White House and the NSA will continue to usurp our freedom under the cloak of protecting freedoms.
Arguments For Program are Specious - Winkler says the arguments for the program that he hears are groundless. He hears three main threads:
bullet “I have nothing to worry about so I don’t care if they investigate me.” Winkler points out that plenty of people have been investigated and incarcerated in the US and abroad without doing anything wrong: “I believe that Saddam Hussein would cheerfully agree with the tired allegation that if you did nothing wrong, you shouldn’t mind the government looking at your calls. I think Lenin, Stalin, Hitler and the Chinese government would also agree with that line of thought. Is this the company we consent to keep in the name of safety?”
bullet “[W]e need to do everything we can to protect ourselves.” Protecting ourselves, Winkler argues, means letting law enforcement work to protect US citizens against real, ongoing crimes. The government is “watching for dragons while very real snakes multiply freely in our midst.”
bullet “[T]he NSA isn’t listening to the content of the calls, so there’s no harm.” Aside from the fact that Winkler believes the NSA is lying about not listening to the calls themselves, he says: “[The NSA] doesn’t need to hear your chatter to invade your privacy. By simply tying numbers together—an intelligence discipline of traffic analysis—I assure you I can put together a portrait of your life. I’ll know your friends, your hobbies, where your children go to school, if you’re having an affair, whether you plan to take a trip and even when you’re awake or asleep. Give me a list of whom you’re calling and I can tell most of the critical things I need to know about you.” The NSA is made up of mostly “good and honest people,” but it has “more than its share of bitter, vindictive mid- and senior-level bureaucrats. I would not trust my personal information with these people, since I have personally seen them use internal information against their enemies.” Winkler reminds his readers that the Bush administration deliberately outed CIA agent Valerie Plame Wilson because her husband dared debunk an administration claim about Iraq (see November 20, 2007), and tried to undermine the credibility of former counterterrorism chief Richard Clarke when he spoke out against the administration (see March 24, 2004). The NSA could easily provide the administration with damaging information about other administration enemies.
'Against Everything I Was Taught' - “NSA domestic spying is against everything I was ever taught working at the NSA,” Winkler writes. “I might be more for it if there was any credible evidence that this somehow provides useful information that couldn’t otherwise be had. However, the domestic spying program has gotten so massive that the well-established process of getting a warrant cannot be followed—and quantity most certainly doesn’t translate to quality. Quite the opposite.” The terrorists number in the hundreds, Winkler writes, but “the NSA is collecting data on hundreds of millions of people who are clearly not the enemy. These numbers speak for themselves.” [Computerworld, 5/16/2006]

Entity Tags: Qwest, George W. Bush, Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, Ira Winkler, National Security Agency, Valerie Plame Wilson, Saddam Hussein, Richard A. Clarke, Vladimir Lenin, Josef Stalin

Timeline Tags: Civil Liberties

Nouri al-Maliki.Nouri al-Maliki. [Source: Truthdig.com]The first permanent government in Iraq since the overthrow of Saddam Hussein is sworn in to office. Iraq’s prime minister is Shi’ite leader Nouri al-Maliki (sometimes known as Jawad al-Maliki), the Bush administration’s choice to run the new Iraqi government. Sunni lawmakers and leaders largely refuse to participate in the new government, and many Sunnis walk out of the installation proceedings. Al-Maliki has appointed mostly fellow Shi’ites to run the various ministries of government, a makeup that reflects the strong Shi’ite majority of votes cast in the December 15 parliamentary elections. President Bush says the US government is fully supportive of the new government: “The United States and freedom-loving nations around the world will stand with Iraq as it takes its place among the world’s democracies and as an ally in the war on terror.” The US ambassador to Iraq, Zalmay Khalilzad, says the new government is expected to spur change that might “allow adjustments in terms of size, composition and mission of [US] forces.” While US forces may undergo occasional “tactical increases here and there,” Khalilzad says, the new government will have a “positive effect.… Strategically, we’re going to be in the direction of downsizing our forces.” [CNN, 5/20/2006] Reactions from US political and military observers are mixed. The Washington Post’s David Ignatius writes that the biggest difference between al-Maliki and the former interim prime minister, Ibrahim al-Jafari, is that even though both are from the same Shi’ite faction, the Dawa party, al-Maliki can be expected to show some independence from Iran. Iran tried mightily to keep al-Jafari in office, Ignatius writes, and the new government’s choice of al-Maliki as prime minister shows that Iraq’s political leaders are “standing up for a unified Iraq.” However, “[t]o succeed, Maliki must mobilize that desire for unity to break the power of the militias and insurgent groups.” Khalilzad celebrates al-Maliki’s independence from Iran, and notes that even though al-Maliki spent some years in exile in Iran, “he felt he was threatened by them” because of his political independence, and later moved to Syria. “He sees himself as an Arab” and an Iraqi nationalist, Khalilzad explains. Kurdish leaders cautiously welcome al-Maliki as the new government’s leader, and predict, somewhat optimistically, that Sunni leaders will eventually welcome al-Maliki as well. The decisive factors in choosing al-Maliki over al-Jafari as prime minister, Ignatius writes, were three: US support; the endorsement of Iraq’s most influential Shi’ite religious leader, Grand Ayatollah Ali Sistani; and the insistence of non-Shi’ites that al-Jafari and his overtly sectarian government depart. It must be remembered, Ignatius notes, that al-Maliki is a follower of Lebanese Shi’ite leader Mohammed Hussein Fadlallah, the original spiritual adviser of Hezbollah, who later left the group in part because he viewed it as too close to Iran. [Washington Post, 4/26/2006] Former Defense Intelligence Agency official W. Patrick Lang will give a different view in March 2007. Al-Maliki is far more sectarian than Bush officials are willing to admit, Lang will write. “They want him to be George Washington, to bind together the new country of Iraq,” he will say. “And he’s not that. He is a Shi’a, a factional political leader, whose goal is to solidify the position of Shi’a Arabs in Iraq. That’s his goal. So he won’t let them do anything effective against [Moqtada al-Sadr’s] Mahdi army.” And former NSC official Gary Sick, an expert on Iran, says that Bush’s support of al-Maliki is perhaps a form of brinksmanship in the administration’s efforts to destabilize Iran. “What has happened is that the United States, in installing a Shi’ite government in Iraq, has really upset the balance of power [in the Middle East],” Sick will say. “Along with our Sunni allies—Saudi Arabia, Jordan, and Egypt—[the administration is] terribly concerned about Iran emerging as the new colossus. Having created this problem, the US is now in effect using it as a means of uniting forces who are sympathetic [to us].” Bush must reassure America’s regional allies that they will be protected if the Iraqi conflict spreads throughout the region. “[T]his is a very broad strategy,” he says. “It has a clear enemy and an appeal to Saudis, to Israelis, and has a potential of putting together a fairly significant coalition.” But, Sick warns, the policy steers dangerously close to provoking a conflict with Iran. “Basically, this is a signal to Maliki that we are not going to tolerate Shi’ite cooperation with Iran. This could lead to the ultimate break with Maliki. But once you start sending these signals, you end up in a corner and you can’t get out of it.” [Vanity Fair, 3/2007]

Entity Tags: Nouri al-Maliki, George W. Bush, Gary G. Sick, David Ignatius, Bush administration (43), Hezbollah, Moqtada al-Sadr, Zalmay M. Khalilzad, Ibrahim al-Jafari, Sayyid Ali Husaini al-Sistani, Patrick Lang, Sayyed Mohammad Hussein Fadlallah

Timeline Tags: Iraq under US Occupation

The Board of Governors of the American Bar Association (ABA) votes unanimously to investigate whether President Bush has exceeded his presidential authority by using signing statements to assert that he can ignore or override laws passed by Congress (see April 30, 2006 and September 2007). ABA president Michael Greco, who served with former Republican govenor William Weld (R-MA), appoints a bipartisan, blue-ribbon panel of legal experts, including former government officials, legal scholars, and retired FBI Director William Sessions, to carry out the inquiry. The ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine will work for two months on a report (see July 23, 2006). [Savage, 2007, pp. 244-245]

Entity Tags: Michael Greco, ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine, American Bar Association, George W. Bush, William Weld, William S. Sessions

Timeline Tags: Civil Liberties

In an op-ed, the Wall Street Journal harshly criticizes the Patrick Fitzgerald prosecution of Lewis Libby (see October 28, 2005), and objects to Fitzgerald’s intention to use a July 2003 Journal column as evidence of Libby’s perjury. According to the Journal, the key passage from that column reads: “One of the mysteries of the recent yellowcake uranium flap is why the White House has been so defensive about an intelligence judgment that we don’t yet know is false, and that the British still insist is true. Our puzzlement is even greater now that we’ve learned what last October’s National Intelligence Estimate really said.” Now, the Journal writes, that column proved the editorial staff’s assertion that President Bush was truthful in his January 2003 assertion that Iraq had attempted to purchase uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003), and former ambassador Joseph Wilson’s allegation that Bush was untruthful was, itself, untruthful (see July 6, 2003). Fitzgerald’s decision to use the Journal editorial “suggests that his case is a lot weaker than his media spin,” the Journal writes. The Journal notes that Libby was not a source for the 2003 editorial, “which quoted from the October 2002 National Intelligence Estimate concerning the Africa-uranium issue. But Mr. Fitzgerald alleges in a court filing that Mr. Libby played a role in our getting the information, which in turn shows that ‘notwithstanding other pressing government business, [Libby] was heavily focused on shaping media coverage of the controversy concerning Iraqi efforts to obtain uranium from Niger.’” According to the Journal, Fitzgerald is asserting that government officials such as Libby “have no right to fight back against critics who make false allegations,” and continues, “To the extent our editorial is germane to this trial, in fact, it’s because it puts Mr. Libby’s actions into a broadly defensible context that Mr. Fitzgerald refuses to acknowledge.” The editorial concludes by asserting that Fitzgerald is siding with Wilson against Libby and the Bush administration in what it calls “a political fight.” [Wall Street Journal, 6/6/2006] Former state prosecutor Christy Hardin Smith, covering the Libby trial at the progressive blog FireDogLake, uses lengthy excerpts from Judge Reggie Walton’s rulings to show that the Journal op-ed will, indeed, serve as evidence of Libby’s perjury. Smith accuses the Journal editorial staff of “shilling” for Libby and the Bush administration, and of being “willing participants” in a cover-up that would result in “lawbreakers” such as Libby going unpunished. [Christy Hardin Smith, 6/6/2006]

Entity Tags: Lewis (“Scooter”) Libby, Christy Hardin Smith, George W. Bush, Joseph C. Wilson, Wall Street Journal, Patrick J. Fitzgerald, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald, investigating the Valerie Plame Wilson identity leak (see December 30, 2003), informs White House deputy chief of staff Karl Rove that he does not plan to file charges against him in conjunction with the leak. [Associated Press, 6/13/2006; Washington Post, 7/3/2007]
'No Deal' - Rove’s lawyer Robert Luskin says that he negotiated no deals with Fitzgerald to spare his client from prosecution: “There has never, ever been any discussion of a deal in any way, shape, or form.” [Jeralyn Merritt, 6/13/2006]
'A Chapter that Has Ended' - The decision follows months of wrangling between Fitzgerald’s team and Luskin. Neither Fitzgerald nor Luskin give any details about the issues and actions behind the decision, but Luskin says, “We believe that the special counsel’s decision should put an end to the baseless speculation about Mr. Rove’s conduct.” Rove spokesman Mark Corallo says that Rove made no deals with Fitzgerald to cooperate with the investigation, and that the decision is based solely on Fitzgerald’s findings. President Bush says of the news: “It’s a chapter that has ended. Fitzgerald is a very thorough person. I think he’s conducted his investigation in a dignified way. And he’s ended his investigation.… There’s still a trial to be had. And those of us involved in the White House are going to be very mindful of not commenting on this issue.” Christopher Wolf, a lawyer for Plame Wilson and her husband, Joseph Wilson, says that the couple is considering filing a civil suit against Rove. “The day still may come when Mr. Rove and others are called to account in a court of law for their attacks on the Wilsons,” Wolf says. [New York Times, 6/13/2006; Associated Press, 6/13/2006]
Rove 'Elated' - Corallo describes Rove as “elated” over the news. Legal analyst Andrew Cohen says: “Prosecutors have ethical obligations not to indict someone when they don’t think they can win at trial and I suspect that may be what happened here. For whatever reason Fitzgerald the prosecutor didn’t believe he could take a case against Rove to a jury and win it.” [CBS News, 6/13/2006]
A Variety of Responses - Democratic National Committee (DNC) chairman Howard Dean says of Rove: “He doesn’t belong in the White House. If the president valued America more than he valued his connection to Karl Rove, Karl Rove would have been fired a long time ago. So I think this is probably good news for the White House, but it’s not very good news for America.” [Associated Press, 6/13/2006] “The notion of the leak and the overall White House involvement, that ain’t over,” says Representative Rahm Emanuel (D-IL). “Obviously, we know that ‘Scooter’ Libby is not Karl Rove. But you have the vice president of the United States involved, or at least his office was involved.” Representative Henry Waxman (D-CA) says that Fitzgerald’s decision not to prosecute Rove should trigger a Congressional investigation into whether Rove mishandled classified information when he discussed Plame Wilson with reporters. Though Fitzgerald conducted a “narrow” criminal invesigation, Waxman says, Congress should examine the broader issue of whether Rove deserved to keep his high-level security clearance (see July 13, 2005). [Los Angeles Times, 6/14/2006] The Republican National Committee (RNC) circulates quotes from Democratic lawmakers attacking Rove under the headline of “Wrong Again: Prejudging Karl Rove Is Latest Example of Democrats’ Overheated Rhetoric and False Statements.” “What you had in this case was an unbelievable example of misjudgment for political purposes by leading Democrats,” says RNC chairman Ken Mehlman. He adds that the entire Rove imbroglio is just an example of how Democrats “rush to judgment.” Democratic leaders “owe [Rove] an apology,” Mehlman says. [Washington Post, 6/13/2006; Los Angeles Times, 6/14/2006] Plame Wilson and her husband, former ambassador Joseph Wilson, are deeply disappointed at the decision. In 2007, Plame Wilson will write: “It was hard to process that someone who had appeared before a grand jury five times (see April 26, 2006), and had admitted that he had spoken to Robert Novak and Matt Cooper in the week before my name was published (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003), would face no consequences for his actions.… While our faith in Fitzgerald’s skills and integrity remained unshaken, we couldn’t help but wonder, along with everyone else, what the special prosecutor had received or heard from Rove to prompt his decision.” [Wilson, 2007, pp. 250] Criminal defense lawyer Jeralyn Merritt, writing for the progressive blog TalkLeft, writes that she believes Rove has “cooperated with Fitzgerald by testifying to the grand jury five times and providing whatever information he had without a safety net. Without a 5k. Without assurances he would not be indicted. That’s a hell of a risk, but Luskin pulled it off. My hat’s off to Luskin.… I’m ready to put this to bed. Karl Rove walked. He’s one of the rare subjects of an investigation who was able to talk his way out of an indictment.” [Jeralyn Merritt, 6/13/2006] Former prosecutor and blogger Christy Hardin Smith, writing for the progressive blog FireDogLake, writes: “If Luskin is coming out and saying publicly that they got a letter from Pat Fitzgerald which says that Rove will not be charged, there are two things that I want to see and know: (1) what does the letter actually say, word for word; and (2) does it say something along the lines of ‘Please thank Karl for his cooperation in this matter.’” Smith adds: “Patrick Fitzgerald and his team are career professionals. You do not charge someone with a criminal indictment merely because they are scum. You have to have the evidence to back up any charges—not just that may indicate that something may have happened, but you must have evidence that criminal conduct occurred and that you can prove it. You charge the evidence you have, you try the case you can make, and you don’t go down a road that will ultimately be a waste of the public’s money and time once you have ascertained that the case is simply not there. It doesn’t mean that you don’t think the SOB that you can’t charge isn’t a weasel or guilty as hell, it just means that you can’t prove it. (And, fwiw [for what it’s worth], those times are the worst of your career, because you truly hate to let someone go when you know in your gut they’ve done something wrong.)” [Christy Hardin Smith, 6/13/2006]

Entity Tags: Henry A. Waxman, Valerie Plame Wilson, Republican National Committee, Andrew Cohen, Christopher Wolf, George W. Bush, Christy Hardin Smith, Rahm Emanuel, Robert Luskin, Mark Corallo, Howard Dean, Patrick J. Fitzgerald, Joseph C. Wilson, Jeralyn Merritt, Ken Mehlman, Karl C. Rove, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Former prosecutor Joseph diGenova, a veteran Washington attorney with deep Republican ties, says he believes President Bush will pardon former White House official Lewis Libby. “I think ultimately, of course, there are going to be pardons,” he says. “These are the kinds of cases in which historically presidents have given pardons.” DiGenova says that special counsel Patrick Fitzgerald’s indictment of Libby “is the epitome of the criminalization of the political process.” Newsday, which publishes the interview with diGenova, calls diGenova “an old Washington hand who shares that view with many pundits.” Other unnamed sources quoted in the Newsday article say they believe Bush will pardon Libby before a trial can start, thus sparing Vice President Dick Cheney from the possibility of adverse information being made public. [Salon, 6/19/2006; Talking Points Memo, 6/19/2006] DiGenova made a similar prediction two months earlier (see April 9, 2006). He has previously stated that he believes no crime was committed by leaking Valerie Plame Wilson’s CIA identity to the public, in part because her identity was “well known” (see February 10, 2004).

Entity Tags: Patrick J. Fitzgerald, George W. Bush, Joseph diGenova, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Lynn Westmoreland (R-GA).Lynn Westmoreland (R-GA). [Source: That's My Congress (.com)]The House Republican leadership cancels a vote to renew the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) after a number of House Republicans declare their opposition to renewing key portions of the legislation concerning the requirement of bilingual ballots and continued federal oversight of voting practices in some Southern states. Eight months ago, Congressional Republicans announced they intended to take the lead in renewing the VRA (see October 4, 2005). The press reports that House Speaker Dennis Hastert (R-IL) was taken off-guard by the vehemence of the opposition within his party; he and other senior House Republicans believed that renewal of the VRA was on track. President Bush has said he supports renewing the VRA. In early May, House Republicans and Democrats joined on the steps of the Capitol to announce bipartisan support for the renewal of the law. However, some Southern Republicans argue that the law has served its purpose and is no longer necessary. They are now joined by Republicans from other states who resist providing ballots in languages other than English. Hastert says the Republican leadership “is committed to passing the Voting Rights Act legislation as soon as possible,” while some House Republicans say it is unclear whether the issue will be resolved before the Independence Day recess. Hastert and other House Republican leaders apparently did not anticipate the surge of anti-immigrant sentiment among their colleagues, which fuels the opposition to bilingual ballots. A previous attempt by Senate Republicans to include a provision in the VRA proclaiming English the “national language” failed. Seventy-nine House Republicans, led by Steve King (R-IA), an outspoken opponent of immigration, signed a letter written by King objecting to the VRA’s provision for bilingual ballots in precincts with large Hispanic and Asian populations. The requirement is costly and unnecessary, King wrote, adding, “The multilingual ballot mandate encourages the linguistic division of our nation and contradicts the ‘Melting Pot’ ideal that has made us the most successful multi-ethnic nation on earth.” Lynn Westmoreland (R-GA) says: “A lot of it looks as if these are some old boys from the South who are trying to do away with it. But these old boys are trying to make it constitutional enough that it will withstand the scrutiny of the Supreme Court.” King said in committee, “There is no need to print ballots in any language other than English.” When King’s provision to end multilingual requirements was removed in committee, King and his fellow anti-immigration Republicans publicly withdrew their support for the VRA. Charles Whitlow Norwood (R-GA) says flatly: “What people are really upset about is bilingual ballots. The American people want this to be an English-speaking nation.” House Minority Whip Steny Hoyer (D-MD) says: “Clearly, there are some on the Republican side who object to this legislation, and they forced the leadership’s hand today. House Democrats stand in virtual unanimous support for this important bill.” Mel Watt (D-NC), the chairman of the Congressional Black Caucus, says, “We fear that pulling the bill could send the wrong message about whether the bill enjoys broad bipartisan support and that delaying consideration until after the July 4 recess could give those with partisan intentions space and time to politicize the issue.” Wade Henderson of the Leadership Conference on Civil Rights says in a statement, “We are extremely disappointed that the House did not vote today to renew and restore the Voting Rights Act because a small band of miscreants, at the last moment, hijacked this bipartisan, bicameral bill.” Henderson’s colleague Nancy Zirkin agrees, saying: “The fact of the matter is that you have a small group of members who have hijacked this bill, and many of these individuals represent states that have been in violation for a long time. We believe these individuals do not want the Voting Rights Act reauthorized.” [King, 1/28/2006; New York Times, 6/22/2006; Washington Post, 6/22/2006]
Opposition Letter Written by Far-Right Anti-Immigration Advocate? - Citizen investigators later demonstrate that many portions of the King letter may not have been written by King or his staffers, but by a representative of two far-right anti-immigration groups, NumbersUSA and ProEnglish. Both organizations belong to a network of groups operated by anti-immigration leader John Tanton (see February 2009). The provisions in the King letter were apparently written by K.C. McAlpin, a member of NumbersUSA and the executive director of ProEnglish. The latter group proclaims itself “the nation’s leading advocate of official English,” working “through the courts and in the court of public opinion to defend English’s historic role as the common, unifying language of the United States of America, and to persuade lawmakers to adopt English as the official language at all levels of government.” The investigators will be unable to prove McAlpin’s authorship beyond dispute, but through comparison of the King letter with McAlpin’s written testimony to Congress in November 2005, they find significant conceptual and linguistic similarities. The investigators will posit: “Given that the King letter posted at [the US House Web site, before being removed] was authored by McAlpin on software registered to NumbersUSA, coupled with its striking similarities to McAlpin’s testimony, only one of two possible causes seem plausible. Either King copied his letter from ProEnglish literature almost word for word, and then asked McAlpin, or someone using his computer, to type up a copy to post at the House of Representatives Web site, or McAlpin authored the letter himself. Either way, the letter that 79 Representatives signed to force the cancellation of the renewal of the VRA came from ProEnglish.” [King, 1/28/2006; Duke Falconer, 7/12/2006]

Entity Tags: Nancy Zirkin, John Tanton, George W. Bush, Dennis Hastert, Charles Whitlow Norwood, K.C. McAlpin, Mel Watt, US Supreme Court, Lynn Westmoreland, Wade Henderson, Steny Hoyer, US House of Representatives, ProEnglish (.com), Voting Rights Act of 1965, NumbersUSA, Steve King

Timeline Tags: Civil Liberties

Lawyers file court documents alleging that the National Security Agency (NSA) worked with AT&T to set up a domestic wiretapping site seven months before the 9/11 attacks. The papers are filed as part of a lawsuit, McMurray v. Verizon Communications, which cites as plaintiffs AT&T, Verizon, and BellSouth customers whose privacy was allegedly violated by the NSA warrantless wiretapping program (see May 12, 2006); it also alleges that the firms, along with the NSA and President Bush, violated the Telecommunications Act of 1934 and the US Constitution. AT&T, Verizon, and BellSouth have been accused of working with the NSA to set up domestic call monitoring sites (see October 2001). Evidence that the NSA set up domestic surveillance operations at least seven months before the 9/11 attacks is at the core of the lawsuit (see Spring 2001). The suit is similar to one filed against AT&T by the Electronic Frontier Foundation (EFF—see January 31, 2006) and other such lawsuits. A lawyer for the plaintiffs in McMurray, Carl Mayer, says: “The Bush administration asserted this [the warrantless wiretapping program] became necessary after 9/11. This undermines that assertion.” AT&T spokesman Dave Pacholczyk responds, “The US Department of Justice has stated that AT&T may neither confirm nor deny AT&T’s participation in the alleged NSA program because doing so would cause ‘exceptionally grave harm to national security’ and would violate both civil and criminal statutes.” Verizon has denied being asked by the NSA for its customer phone records, and has refused to confirm or deny “whether it has any relationship to the classified NSA program.” BellSouth spokesman Jeff Battcher says: “We never turned over any records to the NSA. We’ve been clear all along that they’ve never contacted us. Nobody in our company has ever had any contact with the NSA.” The NSA domestic wiretapping program is known as “Pioneer Groundbreaker,” a part of the larger “Project Groundbreaker” (see February 2001). According to Mayer and his fellow lawyer Bruce Afran, an unnamed former employee of AT&T provided them with information about NSA’s approach to AT&T. (That former employee will later be revealed as retired technician Mark Klein—see Late 2002, July 7, 2009, December 15-31, 2005, and April 6, 2006). The lawsuit is on a temporary hiatus while a judicial panel rules on a government request to assign all of the telecommunications lawsuits to a single judge. [Bloomberg, 6/30/2006]

Entity Tags: Verizon Wireless, US Department of Justice, National Security Agency, George W. Bush, Jeff Battcher, Bruce Afran, BellSouth, AT&T, Mark Klein, Carl Mayer, Electronic Frontier Foundation, Dave Pacholczyk

Timeline Tags: Civil Liberties

The cover of ‘Conservatives Without Conscience.’The cover of ‘Conservatives Without Conscience.’ [Source: Barnes and Noble (.com)]Author and former Nixon White House counsel John Dean writes in his book Conservatives Without Conscience that it was never public opinion that drove Richard Nixon to resign his office (see August 8, 1974).
Loss of Support among White House Officials Forced Resignation - In 1981, social scientist Bob Altermeyer wrote in his book Right Wing Authoritarianism that Nixon resigned, not because of his plummeting poll ratings, but “because [Nixon]‘s attorney had forced the disclosure of evidence so damaging that it seemed certain he would be convicted of high crimes by the Senate.” Dean approvingly cites Altermeyer’s conclusion and adds, “This is true, but there is more to the story.” Nixon had a number of legal recourses to answer any charges brought against him, Dean writes, “many of which [President] Bush and [Vice President] Cheney are promoting today under the rubric of national security and the inherent power of the presidency.” Nixon finally resigned, Dean argues, not because of public opinion, or of fear of the law, or even because of the erosion of support he suffered among members of Congress. It was the abandonment of Nixon by his own defenders in the White House that finally drove Nixon to resign. “Other than White House counsel Fred Buzhardt, and possibly chief of staff Al Haig (with whom Buzhardt had roomed at West Point), no one was aware that Nixon was lying about what he knew and when he knew it once the cover-up had initially fallen apart. Nixon provided the lawyer he had hired to defend him in the House’s impeachment inquiry (see May 9, 1974), James St. Clair, with false information, and St. Clair—as it happened—was a man of integrity and not a right-wing authoritarian follower. When he found out that his client had lied to him he had two choices: to resign or to join the new cover-up. He was, as it happened, interested in participating in the latter.”
Bush, Cheney Would Defy Law, Dean Argues - Dean continues: “Nixon at one point considered defying the Supreme Court ruling that he turn over his incriminating tapes (evidence that revealed that his defense was a sham) (see July 24, 1974) on the very grounds that Bush and Cheney argue. They have authority under the Constitution to read it and comply with it as they see fit. Once it was apparent that Richard Nixon had broken the law, he made the most significant decision of his presidency: the decision to honor the rule of law and resign.… [T]here is little doubt in my mind that Bush and Cheney, in the same situation, would not budge; rather, they would spin the facts as they always have, and move forward with their agenda. The president and vice president, it appears, believe the lesson of Watergate was not to stay within the law, but rather not to get caught. And if you do get caught, claim that the president can do whatever he thinks necessary in the name of national security.” [Dean, 2006, pp. 181-182]

Entity Tags: George W. Bush, Alexander M. Haig, Jr., Fred Buzhardt, Richard (“Dick”) Cheney, James St. Clair, Richard M. Nixon, John Dean, Bob Altermeyer

Timeline Tags: Nixon and Watergate

Princeton economist and New York Times columnist Paul Krugman writes that, five years after the 9/11 attacks, President Bush and his allies have used the attacks to dramatically expand the power of the executive branch at the expense of the legislative and judiciary branches. Bush and his allies are “engaged in an authoritarian project,” Krugman writes, “an effort to remove all the checks and balances that have heretofore constrained the executive branch [and] create a political environment in which nobody dares to criticize the administration or reveal inconvenient facts about its actions.” In a follow-up column, Krugman writes: “It is only now, nearly five years after September 11, that the full picture of the Bush administration’s response to the terror attacks is becoming clear. Much of it, we can see now, had far less to do with fighting Osama bin Laden than with expanding presidential power. Over and over again, the same pattern emerges: Given a choice between following the rules or carving out some unprecedented executive power, the White House always shrugged off the legal constraints.” (Emphasis in source.) [Roberts, 2008, pp. 3]

Entity Tags: Bush administration (43), George W. Bush, Paul Krugman

Timeline Tags: Civil Liberties

Civil liberties lawyer and columnist Glenn Greenwald states that the recent Supreme Court ruling in Hamdan v. Rumsfeld (see June 30, 2006), finding that the Bush administration’s Guantanamo Bay military commissions violate both federal law and the Geneva Conventions, also proves that the NSA’s warrantless wiretapping program is illegal (see December 15, 2005). “To arrive at its decision,” Greenwald writes, “the Court emphatically rejected the administration’s radical theories of executive power, and in doing so, rendered entirely discredited the administration’s only defenses for eavesdropping on Americans without the warrants required by law. Actual compliance with the Court’s ruling, then, compels the administration to immediately cease eavesdropping on Americans in violation of FISA,” the Foreign Intelligence Surveillance Act (see 1978). “If the administration continues these programs now, then they are openly defying the Court and the law with a brazeness and contempt for the rule of law that would be unprecedented even for them.” Greenwald notes that FISA prohibits any surveillance of American citizens without judicial approval and oversight. The Bush administration has already admitted to conducting just such surveillance (see December 17, 2005 and December 21, 2005), and President Bush has even stated his intention to expand the program (see December 19, 2005). The Justice Department and a number of administration officials have attempted to claim the NSA surveillance program is both legal and necessary (see December 19, 2005, December 19, 2005, December 21-22, 2005, and Early 2006); Greenwald writes that the Hamdan decision “decimated” those claims, a conclusion shared by a number of legal experts (see January 9, 2006). Moreover, he writes, there is no remaining excuse for Democratic senators not to endorse Senator Russ Feingold’s resolution to censure Bush for violating FISA (see March 12, 2006 and After). The argument advanced by, among others, Senator Barack Obama (D-IL), that Bush believed he was complying with the law because his lawyers told him he was in compliance, is no longer relevant in light of Hamdan, Greenwald argues. “[T]here is no longer any good faith basis left for violating FISA. Ongoing warrantless eavesdropping can only be ordered by the president with a deliberate intent to break the law. After Hamdan, there are no more excuses left for the president to violate FISA, and there is therefore no more excuse left for Democratic senators to refuse to take a stand with Sen. Feingold against the administration’s lawbreaking.” Bush has two clear choices, Greenwald writes: either to comply with FISA or openly defy the Supreme Court. “If we are a country that continues to operate under the rule of law, compliance with the Supreme Court’s ruling compels the immediate cessation of the president’s warrantless eavesdropping program, as well as what are undoubtedly the other, still-secret programs prohibited by law but which have been justified by these same now-rejected theories of unlimited executive power. Put simply, after Hamdan, there are no more excuses left for the president’s refusal to comply with the law.” [Crooks and Liars, 7/8/2006]

Entity Tags: Geneva Conventions, Barack Obama, Bush administration (43), Foreign Intelligence Surveillance Act, Glenn Greenwald, US Department of Justice, US Supreme Court, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

In June 2006, the US, NATO, and Afghanistan’s intelligence agency compile a secret report on the Taliban. The report is discussed on July 9 at a private meeting of officials from Western countries and Afghanistan, chaired by Afghan President Hamid Karzai. The report goes further than any previous report in describing the Pakistani government’s involvement in supporting the Taliban. It states, “ISI operatives reportedly pay a significant number of Taliban living/ operating in both Pakistan and Afghanistan to fight.… A large number of those fighting are doing so under duress as a result of pressure from the ISI. The insurgency cannot survive without its sanctuary in Pakistan, which provides freedom of movement, communications for command and control, and a secure environment for collaboration with foreign extremist groups. The sanctuary of Pakistan provides a seemingly endless supply of potential new recruits for the insurgency.” The report also states that at least four of the Taliban’s top leaders are living in Pakistan. But despite the US involvement in creating the report, US diplomacy generally remains in denial about Pakistan’s double dealing. President Bush not only fails to successfully pressure Pakistan on the issue, but even continues to praise Pakistani President Pervez Musharraf. The report is not leaked to the press at the time. [Rashid, 2008, pp. 367-368] In September 2006, when Pakistan announces a deal with militants in the tribal region of Waziristan, the heart of al-Qaeda’s safe haven, Bush publicly supports the deal (see September 5, 2006 and September 7, 2006).

Entity Tags: US intelligence, George W. Bush, National Directorate of Security (Afghanistan), Pervez Musharraf, North Atlantic Treaty Organization, Taliban, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Valerie Plame Wilson, the former CIA agent whose undercover status was blown by a White House leak of her identity (see July 14, 2003), sues Vice President Dick Cheney, White House aide Karl Rove, and former White House aide Lewis “Scooter” Libby. Plame Wilson accuses them and other White House officials of conspiring to destroy her career as a CIA operative as well as conspiring to besmirch the reputation and integrity of her husband, former ambassador Joseph Wilson, who is also part of the lawsuit. The suit does not specify monetary damages to be assessed. [Associated Press, 7/13/2006; New York Times, 7/14/2006; Washington Post, 7/3/2007] The Wilsons will later add former Deputy Secretary of State Richard Armitage (see June 13, 2003 and July 8, 2003) to the suit. [Associated Press, 5/17/2007]
Alleges Constitutional, Civil Rights Violations - The lawsuit claims that Cheney, Rove, Libby, and 10 yet-to-be-named government officials—named “John Does 1-10” in the lawsuit—violated the Wilsons’ First Amendment rights to free speech, their Fifth Amendment rights to equal protection under the law, and their right to privacy and property. The suit alleges that the defendants conspired to deprive the Wilsons of their civil rights, as well as charging the defendants with neglecting to prevent civil rights violations, public disclosure of private facts, and civil conspiracy. (The “John Doe” defendants will be included when the Wilsons learn who else was involved.) The Wilsons file their lawsuit one day before the statute of limitations would have expired on any such lawsuit. In 2007, Plame Wilson will write that her husband had talked of such a lawsuit since her outing in 2003, but she had consistently avoided the idea. “I got angry, defensive, and emotional,” she will recall. “I didn’t want to talk about it; the leak was still too raw for me and I wasn’t ready yet to think rationally through what such an action would mean.” But when Plame Wilson began to come to terms with the ramifications of the leak to her personal and professional life, she “began to tally up the costs of the campaign to smear Joe and to out me carelessly: the near destruction of Joe’s reputation and his consulting business, the end of my career, the wholesale invasion of our privacy, threats to our physical security, the chronic level of stress that had adversely affected our health in myriad ways, and two small children wondering why their parents were fighting again. A lawsuit couldn’t completely remedy the situation, but to me, it began to look more appealing.” [US District Court for the District of Columbia, 7/13/2006 pdf file; New York Times, 7/14/2006; Wilson, 2007, pp. 252-254]
Trying to Accomplish Three Things in Lawsuit - In discussing the idea, the Wilsons decided that the lawsuit could possibly accomplish three things:
bullet Finding the truth behind what Plame Wilson calls “the erroneous 16 words about the uranium from Niger” and how they made it into President Bush’s 2003 State of the Union speech (see Mid-January 2003 and 9:01 pm January 28, 2003);
bullet Holding “government officials accountable for actions that might be illegal or unconstitutional”; and
bullet Serving “as a deterrent to future public servants who might think they are above the law.” [US District Court for the District of Columbia, 7/13/2006 pdf file; Wilson, 2007, pp. 252-254]
Rove: Allegations 'without Merit' - Rove spokesman Mark Corallo says, “Without even having had a chance to review the complaint, it is clear that the allegations are absolutely and utterly without merit.” [Associated Press, 7/13/2006] Rove’s lawyer Robert Luskin gives a similar statement to the press: “The allegations are without merit. We may comment further when we have an opportunity to review the complaint.” [New York Times, 7/14/2006]
'Exposing Administration Wrongdoing' - With the continuing attempts from the White House and conservative elements in the media to downplay and/or rewrite the history of the leak (see July 13, 2006), Plame Wilson will write, “Our civil suit seemed to be the only means by which we could expose the administration’s wrongdoing.” [Wilson, 2007, pp. 252-254]
Problems with Lawsuit - The lawsuit will face difficulties in bringing the law to bear against Cheney and Rove. The basis for suing federal officials is a 1982 Supreme Court case that says federal officials may be sued for violating someone’s constitutional rights if a reasonable person would believe they had violated “clearly established law.” The Libby investigation has not yet produced solid evidence that there was a deliberate, illegal effort to leak Plame Wilson’s identity. [New York Times, 7/14/2006]

Entity Tags: Bush administration (43), Joseph C. Wilson, Karl C. Rove, Mark Corallo, George W. Bush, Robert Luskin, Richard (“Dick”) Cheney, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

The US Senate votes 98-0 to reauthorize the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989). Many Republicans in the House have attempted to thwart the law’s renewal, citing their opposition to providing bilingual ballots in some areas, and over continued oversight by the Justice Department in areas with a history of racial disenfranchisement and discrimination at the voting booth (see June 22, 2006). However, that opposition was overcome by a bipartisan effort when the House voted to reauthorize the law (see July 13, 2006). Democrats and Republicans alike acknowledge that racial discrimination and efforts to disenfranchise minority voters still exist: “Despite the progress [some] states have made in upholding the right to vote, it is clear the problems still exist,” says Senator Barack Obama (D-IL). On the same day that the Senate votes to approve the bill, President Bush, on a visit to the annual NAACP convention, promises to sign the bill into law. One senator voicing his objection to the bill is Saxby Chambliss (R-GA), who says: “Other states with much less impressive minority progress and less impressive minority participation are not covered, while Georgia still is. This seems both unfair as well as unwise.” Chambliss is not joined in his opposition by fellow Republican Senator Lindsey Graham (R-SC), whose home state of South Carolina is, like Georgia, subject to Justice Department oversight for any changes to its voting procedures. “South Carolinians, you have come a long way,” he says. But we, just like every other part of this country, still have a long way to go.” [New York Times, 7/21/2006]

Entity Tags: George W. Bush, Barack Obama, Voting Rights Act of 1965, US Senate, Saxby Chambliss, Lindsey Graham

Timeline Tags: Civil Liberties

The American Bar Association (ABA)‘s Task Force on Presidential Signing Statements and the Separation of Powers Doctrine issues its final report for its investigation into whether President Bush has exceeded his presidential authority by using signing statements to assert that he can ignore or override laws passed by Congress (see June 4, 2006).
Bush Violating the Constitution - The report concludes that Bush is violating the Constitution by signing a bill and then issuing a signing statement declaring that he will refuse to obey selected sections of that bill. The president’s own belief that a particular provision of a law is unconstitutional carries no legal weight, and gives him no right to ignore or disobey that provision, the task force finds. The Constitution gives presidents only two options: veto a bill, or sign it and enforce it. “The president’s constitutional duty is to enforce laws he has signed into being, unless and until they are held unconstitutional by the Supreme Court,” the report reads. “The Constitution is not what the president says it is.”
De Facto Line-Item Veto - Signing statements as used by Bush and earlier presidents (see 1984-1985, August 23, 1985 - December 1985, October 1985, February 6, 1986 and After, and November 1993) are evolving into a kind of back-door line-item veto, which the Constitution does not grant presidents—especially when Congress cannot override it. “A line-item veto is not a constitutionally permissible alternative,” the report reads, “even when the president believes that some provisions of a bill are unconstitutional. A president could easily contrive a constitutional excuse to decline enforcement of any law he deplored, and transform his qualified veto into a monarch-like absolute veto.”
Bringing the Presidency Back into Alignment - Over 150 newspaper editorial boards, columnists, and cartoonists quickly endorse the ABA’s call to end the abuse of signing statements. Some critics of the ABA report say that, in attempting to avoid singling out Bush for criticism, the task force failed to address the root issue behind the signing statements—the unitary executive theory espoused by the administration (see April 30, 1986). Instead of asking that signing statements themselves be ended, some critics say, the Bush administration’s attempts to usurp other branches’ power for the presidency must be curbed. Law professor Laurence Tribe calls the Bush administration “pathological power holders” and “misfits” who are abusing a valid presidential tool. Task force member Mickey Edwards, a former Republican congressman, says the fundamental issue is to bring the presidency back into proper alignment with the other two branches. “It’s not about Bush, it’s about what should be the responsibility of a president,” he says. “We are saying that the president of the United States has an obligation to follow the Constitution and exercise only the authority the Constitution gives him. That’s a central tenet of American conservatism—to constrain the centralization of power.” [American Bar Association, 7/23/2006 pdf file; Savage, 2007, pp. 245-247]

Entity Tags: George W. Bush, ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine, Bush administration (43), Mickey Edwards, Laurence Tribe, American Bar Association

Timeline Tags: Civil Liberties

President Bush signs the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) reauthorization into law. The extension, called the “Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act,” makes the VRA the law until 2031. It also overturns the decision rendered in Reno v. Bossier Parish School Board (see May 12, 1997) by outlawing electoral redistricting for discriminatory purposes, and invalidates the decision rendered in Georgia v. Ashcroft by declaring that Section 5 protects the ability of minorities “to elect their preferred candidates of choice.” [MSNBC, 10/4/2005; White House, 6/27/2006; American Civil Liberties Union, 2012] In October 2005, Congressional Republicans declared that they intended to lead the way towards renewing the VRA, particularly Section 5 (see October 4, 2005). But in June 2006, House Republicans balked at renewing Section 5 and another provision mandating bilingual ballots in many areas (see June 22, 2006). The bill survived a number of attempts to derail or weaken it by those House Republicans (see July 13, 2006), and was upheld 98-0 in the Senate (see July 20, 2006).

Entity Tags: Voting Rights Act of 1965, George W. Bush, US House of Representatives, US Senate

Timeline Tags: Civil Liberties

US and British counterterrorism officials argue over whether to arrest a group of Islamic extremists plotting to blow up airliners over the Atlantic in a Bojinka-style plot using liquid bombs (see August 10, 2006). [Trento and Trento, 2006, pp. 234-7; MSNBC, 8/14/2006] Surveillance of the plotters is a British operation, but the US is kept fully informed and even President Bush is personally briefed by British Prime Minister Tony Blair on July 28. [Times (London), 9/8/2009; Times (London), 9/8/2009] Andy Hayman, assistant commissioner for specialist operations in the Metropolitan Police, will write in 2009: “Fearful for the safety of American lives, the US authorities had been getting edgy, seeking reassurance that this was not going to slip through our hands. We moved from having congenial conversations to eyeball-to-eyeball confrontations.” [Times (London), 9/8/2009] In the end, a senior CIA official travels to Pakistan. There he induces the local authorities to arrest one of the plotters, Rashid Rauf, who is in that country (see Between July 28 and August 9, 2006), necessitating a wave of arrests in Britain. After the plot is revealed and some of the plotters are arrested, some British officials will complain that the US triggered the arrests too early, saying further investigation could have led to other accomplices. One US official will say that the missed opportunities leading up to 9/11 put US intelligence services more on edge. These charges initially meet with official denials. Frances Townsend, assistant to the president for homeland security and counterterrorism, says: “[W]e worked together to protect our citizens from harm while ensuring that we gathered as much info as possible to bring the plotters to justice. There was no disagreement between US and [British] officials.” [Trento and Trento, 2006, pp. 234-7; MSNBC, 8/14/2006] However, details of the dispute will become undeniably clear after the liquid bomb plotters are found guilty in Britain. [Times (London), 9/8/2009; Times (London), 9/8/2009]

Entity Tags: Rashid Rauf, Metropolitan Police Service, Frances Townsend, Andy Hayman, Tony Blair, George W. Bush

Timeline Tags: Complete 911 Timeline

Secretary of Defense Donald Rumsfeld, along with the chairman of the Joint Chiefs of Staff, General Peter Pace, and the commander of US forces in the Middle East, General John Abizaid, participate in a sometimes-contentious hearing with the Senate Armed Forces Committee (see August 3, 2006). The three then take part in a closed-door session with some members of Congress. After the two meetings, Senator Hillary Clinton (D-NY) calls on President Bush to accept Rumsfeld’s resignation. [New York Times, 8/4/2006] Rumsfeld will resign three months later (see November 6-December 18, 2006).

Entity Tags: Hillary Clinton, George W. Bush, John P. Abizaid, Senate Armed Forces Committee, Peter Pace, Donald Rumsfeld

Timeline Tags: Iraq under US Occupation

Federal district court judge Anna Diggs Taylor rules that the NSA’s warrantless wiretapping program (see Early 2002) is unconstitutional and orders it ended. She amends her ruling to allow the program to continue while the Justice Department appeals her decision. The decision is a result of a lawsuit filed by the American Civil Liberties Union (ACLU) and other civil liberties groups. Taylor rules that the NSA program violates US citizens’ rights to privacy and free speech, the Constitutional separation of powers among the three branches of government, and the Foreign Intelligence Surveillance Act (see 1978). Taylor writes: “It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights. There are no hereditary Kings in America and no powers not created by the Constitution. So all ‘inherent powers’ must derive from that Constitution.” [Verdict in ACLU et al v. NSA et al, 8/17/2006 pdf file; Washington Post, 8/18/2006] The program “violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III,” Taylor writes, and adds, “[T]he president of the United States… has undisputedly violated the Fourth in failing to procure judicial orders.” [CNN, 8/17/2006]
Judge Lets One Portion Stand - Taylor rejects one part of the lawsuit that seeks information about the NSA’s data mining program (see October 2001), accepting the government’s argument that to allow that portion of the case to proceed would reveal state secrets (see March 9, 1953). Other lawsuits challenging the program are still pending. Some legal scholars regard Taylor’s decision as poorly reasoned: national security law specialist Bobby Chesney says: “Regardless of what your position is on the merits of the issue, there’s no question that it’s a poorly reasoned decision. The opinion kind of reads like an outline of possible grounds to strike down the program, without analysis to fill it in.” The White House and its Republican supporters quickly attack Taylor, who was appointed to the bench by then-President Jimmy Carter, as a “liberal judge” who is trying to advance the agenda of Congressional Democrats and “weaken national security.” For instance, Senator Mike DeWine (R-OH) says that halting the program “would hamper our ability to foil terrorist plots.” [Washington Post, 8/18/2006]
Democrats, Civil Libertarians Celebrate Ruling - But Democrats defend the ruling. For instance, Senator John Kerry (D-MA) says the ruling provides a much-needed check on the unfettered power of the Bush White House. “[N]o one is above the law,” says Kerry. [Washington Post, 8/18/2006] Lawyers for some of the other cases against the NSA and the Bush administration laud the decision as giving them vital legal backing for their own court proceedings. “We now have a ruling on the books that upholds what we’ve been saying all along: that this wiretapping program violates the Constitution,” says Kevin Bankston, who represents the Electronic Frontier Foundation (EFF) in its class-action case against AT&T for its role in the NSA’s surveillance program (see January 31, 2006). [Washington Post, 8/18/2006] Legal expert and liberal commentator Glenn Greenwald writes that Taylor’s ruling “does not, of course, prohibit eavesdropping on terrorists; it merely prohibits illegal eavesdropping in violation of FISA. Thus, even under the court’s order, the Bush administration is free to continue to do all the eavesdropping on terrorists it wants to do. It just has to cease doing so using its own secretive parameters, and instead do so with the oversight of the FISA court—just as all administrations have done since 1978, just as the law requires, and just as it did very recently when using surveillance with regard to the [British] terror plot. Eavesdropping on terrorists can continue in full force. But it must comply with the law.” Greenwald writes: “[T]he political significance of this decision cannot be denied. The first federal court ever to rule on the administration’s NSA program has ruled that it violates the constitutional rights of Americans in several respects, and that it violates criminal law. And in so holding, the court eloquently and powerfully rejected the Bush administration’s claims of unchecked executive power in the area of national security.” [Salon, 8/17/2006]
White House Refuses to Comply - The Bush administration refuses to comply with Taylor’s ruling, asserting that the program is indeed legal and a “vital tool” in the “war on terrorism.” It will quickly file an appeal, and law professors on both sides of the issue predict that Taylor’s ruling will be overturned. [Savage, 2007, pp. 206]
Lawsuit Ends with White House 'Compromise' - The lawsuit will end when the White House announces a “compromise” between the wiretapping program and FISC (see January 17, 2007).

Entity Tags: John Kerry, Kevin Bankston, Mike DeWine, US Department of Justice, Peter Hoekstra, Glenn Greenwald, National Security Agency, George W. Bush, James Earl “Jimmy” Carter, Jr., Foreign Intelligence Surveillance Act, Alberto R. Gonzales, American Civil Liberties Union, AT&T, Anna Diggs Taylor, Bush administration (43), Bobby Chesney, Foreign Intelligence Surveillance Court, Electronic Frontier Foundation

Timeline Tags: Civil Liberties

Conservative pundits and columnists launch a new barrage of attacks and accusations against former ambassador Joseph Wilson (see July 6, 2003) and his wife, outed CIA agent Valerie Plame Wilson (see July 14, 2003). The pundits use the recent revelation that former Deputy Secretary of State Richard Armitage was apparently the first administration official to leak Plame Wilson’s name to the press (see August 22, 2006 and September 7, 2006). They claim that the new information proves that there was never a conspiracy to “out” Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), but that her status as a covert CIA agent was revealed merely as a result of harmless gossip from Armitage, who is not considered a major part of the neoconservative axis of power within the White House. [Washington Post, 9/1/2006]
Blaming Armitage and the State Department - The Wall Street Journal blames Armitage for allowing the Plame Wilson identity leak investigation to go on while he remained mute, allowing “political opportunism and internal score-settling” to drive the investigation when it never should have taken off. “The White House, in short, was not engaged in any campaign to ‘out’ Ms. Plame [Wilson],” the editorial states. Since the prosecution of Lewis Libby for perjury and obstruction during the investigation is not likely to be dropped, the editorial concludes, President Bush should end it by pardoning Libby. [Wall Street Journal, 8/30/2006] The New York Sun also chastizes Armitage for standing silent “while the president’s critics sullied the good names of Messrs. Cheney, Libby, and Rove.” [National Review, 7/19/2004; New York Sun, 8/30/2006] A similar position is advocated by neoconservative John Podhoretz, writing for the New York Post, who also says that the Armitage revelation should result in special counsel Patrick Fitzgerald dropping all charges against Libby. [New York Post, 8/29/2006] Neoconservative Frank Gaffney, writing for the online political publication TownHall, accuses both Armitage and former Secretary of State Colin Powell, as well as other senior State Department officials, of being “disloyalists” who “wage[d] war” against the Bush administration “from behind enemy lines”—from his position in the State Department, essentially functioning as a saboteur for unnamed liberal interests, and to win ground the State Department lost in conflicts with the White House. Gaffney goes further, accusing other State Department officials of intentionally sabotaging US nuclear negotiation efforts with North Korea (see September 19-20, 2005 and July 15, 2006). He accuses Armitage of “destructive and disloyal behavior” and “appeasement” towards North Korea and other US opponents. [Town Hall (.com), 9/5/2006] San Francisco Chronicle writer Debra Saunders calls the entire affair nothing more than “gossip,” and notes that an admission by White House deputy chief of staff Karl Rove that he confirmed Plame Wilson’s identity (see July 10, 2005 and October 14, 2005) is virtually meaningless. The only “abuse of power” that has come to light during the investigation, Saunders opines, is the investigation itself. [Minneapolis Star-Tribune, 9/6/2006]
Libby 'Exonerated' by Armitage Admission - The New Hampshire Union Leader calls the investigation a “non-issue” promulgated by “conspiracy nuts” now proven wrong by the Armitage admission. [New Hampshire Union Leader, 8/30/2006] Syndicated columnist Linda Chavez says the “exculpatory” Armitage revelation exonerates Libby, and calls his prosecution “malicious” and unwarranted. [Creators Syndicate, 8/30/2006]
Wilson, 'Leftists' to Blame - Slate’s Christopher Hitchens goes further, attacking the “Joseph Wilson fantasy” that Iraq had not attempted to buy uranium from Niger (see March 4-5, 2002, (March 6, 2002) and March 8, 2002), calling the idea that the White House deliberately attempted to smear Wilson’s character a “paranoid fantasy” (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006), and concluding that the entire Plame Wilson imbroglio was the result of a “venom[ous] interdepartmental rivalry” between Armitage’s State Department and the White House, blown entirely out of proportion by liberal critics of the Bush administration. [Slate, 8/29/2006] A National Review editorial blames the New York Times editorial board and “shrieking” “leftist adversaries” of the Bush administration for the investigation, and, like Chavez and others, calls for the immediate end of the Libby prosecution. [National Review, 8/30/2006] The Weekly Standard’s Fred Barnes compiles a “rogues list” of “the Plamegate Hall of Shame,” including Armitage, his former boss Colin Powell, Patrick Fitzgerald, the Justice Department, Joseph Wilson, and the media. “So instead of Cheney or Rove or Libby,” Barnes writes, “the perennial targets of media wrath, the Plamegate Hall of Shame consists of favorites of the Washington elite and the mainstream press.” And like the others, Barnes calls on Fitzgerald to immediately terminate his investigation as well as his prosecution of Libby. [Weekly Standard, 9/2/2006] And the Washington Times’s editor in chief Wesley Pruden rounds off the attacks, rather ghoulishly predicting that the next time Plame Wilson will be mentioned in the press is when “a nice obituary in the Washington and New York newspapers and a few lines of a telegraph dispatch on a page with the truss ads in Topeka” is printed. He calls Plame Wilson, who headed the CIA’s Joint Task Force on Iraq (see April 2001 and After), “the queen of the clipping scissors and pastepots at the CIA” (see September 29, 2003), and calls the leak investigation a “fraud.” [Washington Times, 9/5/2006]
Picked Up by Mainstream Media - Many in the mainstream media echo the new line of attack, with the Washington Post’s editorial board joining the other editorials and columnists in demanding that the Libby prosecution be immediately terminated. Echoing a Wall Street Journal guest editorial from almost a year before (see November 3, 2005), the Post editorial claims that because Plame Wilson’s husband, former ambassador Joseph Wilson, went public with his knowledge of the Bush administration’s false claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003), he is ultimately responsible for outing his wife. The Post writes: “Mr. Wilson chose to go public with an explosive charge, claiming—falsely, as it turned out—that he had debunked reports of Iraqi uranium-shopping in Niger and that his report had circulated to senior administration officials. He ought to have expected that both those officials and journalists such as Mr. Novak would ask why a retired ambassador would have been sent on such a mission and that the answer would point to his wife. He diverted responsibility from himself and his false charges by claiming that President Bush’s closest aides had engaged in an illegal conspiracy. It’s unfortunate that so many people took him seriously.” The allegation that Wilson had “falsely… debunked reports of Iraqi uranium-shopping in Niger” is itself false, as Wilson’s report further proved that no such deals ever took place (see March 4-5, 2002, (March 6, 2002) and March 8, 2002). [Washington Post, 9/1/2006] The New York Times’s conservative columnist, David Brooks, joins in the attacks, calling the exposure of Plame Wilson a “piffle” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006) blown out of proportion by a group of Congressional Democrats and the 2004 presidential campaign of John Kerry. Like the others, he blames Armitage for “keep[ing] quiet while your comrades are being put through the ringer [sic].” [New York Times, 8/31/2006] Days later, the Post’s David Broder writes that Karl Rove, one of the White House officials who outed Plame (see July 8, 2003 and 11:00 a.m. July 11, 2003), had been treated badly by reporters and pundits, and deserved a round of apologies. [Washington Post, 9/7/2006]
'Marvel of Wingnut Logic' - Author Jane Hamsher, writing for the progressive blog FireDogLake, hammers the Post editorial and its presumed author, op-ed editor Fred Hiatt, writing with some apparent outrage: “[T]o argue that somehow this [Armitage] leak—which played no part in the concerted administration effort to bully, intimidate, and punish Joe Wilson—should somehow excuse Scooter Libby and Karl Rove’s subsequent actions is a true marvel of wingnut logic. Incredibly it is somehow okay to rob the liquor store, shoot the owner, rape the cashier, and spatter the walls with blood because someone else was caught shoplifting there the week before. It is the Sistine Chapel of bad faith editorials.” [Jane Hamsher, 9/1/2006]
Comparisons to Soviet Propaganda - Plame Wilson herself is “furious” at reading the Post editorial and other, similar writings. In her 2007 book Fair Game, she will write, “I suddenly understood what it must have felt like to live in the Soviet Union and have only the state propaganda entity, Pravda, as the source of news about the world.” Plame Wilson calls the allegations that her husband is responsible for outing her “flatly untrue,” and shows the writers’ “ignorance about how our clandestine service functions.” She notes that the FBI had known of the Armitage leak since October 2003, and that since “the FBI didn’t shut down the investigation” this indicated “they had good reason to believe that Libby and Rove were lying to them.” [Wilson, 2007, pp. 257-260]

Entity Tags: Fred Hiatt, Washington Post, Wall Street Journal, Christopher Hitchens, Valerie Plame Wilson, Colin Powell, Frank Gaffney, Fred Barnes, Debra Saunders, David Brooks, David Broder, US Department of State, Wesley Pruden, New York Times, John Podhoretz, Richard Armitage, George W. Bush, Joseph C. Wilson, Karl C. Rove, Jane Hamsher, Linda Chavez, New York Sun, Lewis (“Scooter”) Libby, New Hampshire Union Leader, National Review

Timeline Tags: Niger Uranium and Plame Outing

The White House releases a new National Space Policy that contrasts sharply with the space policy statement issued ten years earlier by the Clinton administration. According to the new policy, Washington’s top goals in space are to “strengthen the nation’s space leadership and ensure that space capabilities are available in time to further US national security, homeland security, and foreign policy objectives” and to “enable unhindered US operations in and through space to defend our interests there.” It says the US reserves it right to reject any arms-control agreement that would potentially limit US flexibility in space and says it will deny any country access to space that is considered “hostile to US interests.” It also encourages private enterprise in space and says that privately owned space assets should be protected by the US military. The new policy marks a substantial shift from the policy that was outlined under the previous administration. In 1996, the Clinton White House said its top goals were to “enhance knowledge of the Earth, the solar system and the universe through human and robotic exploration” and to “strengthen and maintain the national security of the United States.” The new policy statement raises concern among critics that the Pentagon intends to weaponize space. However a senior administration official rejects that view, telling the Washington Post, “This policy is not about developing or deploying weapons in space. Period.” The new policy statement will be released on October 6, the Friday before the Columbus Day weekend, at the close of business, with no public announcement. [White House Office of Science and Technology Policy, 8/31/2006 pdf file; Space (.com), 10/7/2006; Washington Post, 10/18/2006]

Entity Tags: George W. Bush

Timeline Tags: US Military

Karl Eikenberry.Karl Eikenberry. [Source: NATO]In autumn 2006, President Bush declares in a White House news conference that al-Qaeda is “on the run,” but in fact intelligence reports are indicating that al-Qaeda is gaining strength in its safe haven in Pakistan’s tribal region. The New York Times will later comment, “with senior Bush administration officials consumed for much of that year with the spiraling violence in Iraq, the al-Qaeda threat in Pakistan was not at the top of the White House agenda.” Frustrated, Lt. Gen. Karl Eikenberry, the top US commander in Afghanistan, orders military officers, CIA, and US special forces to assemble a dossier documenting the Pakistani government’s role in allowing militants to establish their safe haven in the tribal region. According to the Times, “Behind the general’s order was a broader feeling of outrage within the military—at a terrorist war that had been outsourced to an unreliable ally, and at the grim fact that America’s most deadly enemy had become stronger.” When Eikenberry finally presents his dossier to several members of Bush’s cabinet, some inside the State Department and the CIA dismiss his warning as exaggerated and simplistic. [New York Times, 6/30/2008] On February 13, 2007, Eikenberry states publicly before a Congressional committee that NATO cannot win in Afghanistan without addressing the safe haven across the border in Pakistan. He does not publicly discuss Pakistan’s support for the militants, but he does say, “A steady, direct attack against the command and control in Pakistan in sanctuary areas is essential for us to achieve success.” He also warns that the US is facing a “reconstituted enemy” and “growing narcotics trafficking” in Afghanistan, which could lead to “the loss of legitimacy” of the government there. Eikenberry is already due to be replaced as commander of US forces in Afghanistan by the time he makes these blunt comments. [Washington Post, 2/14/2007; Rashid, 2008, pp. 383] The White House responds by sending Vice President Dick Cheney and CIA Deputy Director Stephen Kappes to Islamabad, Pakistan, later in February (see February 26, 2007). But there is little apparent change in Pakistan’s behavior. [New York Times, 6/30/2008]

Entity Tags: Karl Eikenberry, US Department of State, Richard (“Dick”) Cheney, US Military, Central Intelligence Agency, George W. Bush, Stephen Kappes, US Special Forces

Timeline Tags: Complete 911 Timeline

In his book The Greatest Story Ever Sold, author and New York Times media critic Frank Rich writes that President Bush never entered Iraq with any idea of “nation-building.” Bush “never talked about building a democracy in Iraq” during the planning and marketing of the invasion, Rich writes. “The reason he didn’t talk about it was not that he was consciously trying to keep a hidden, hard-to-sell motive secret. The record shows that, for once, Bush’s private convictions actually did match his public stance. Neither he nor the administration had any intention of doing any nation-building. The war plan was an easy exercise in regime change, a swift surgical procedure, after which the Iraqis would be left to build their own democracy by spontaneous civic combustion, like Eastern Europeans after the fall of the Soviet Union. The Americans would hang around in small numbers, perhaps, to protect the oil ministry—the only institution they did protect after routing Saddam. Every single administration action of the time confirms that nation-building was not in the cards. That’s why General Jay Garner was picked as the top American official after the fall of Baghdad (see January 2003): The White House wanted a short-term military emissary rather than a full-dress occupation administrator because the job description required only that he manage a quick turnaround of power to the Iraqis and an immediate exit for American troops. That’s why [Defense Secretary Donald] Rumsfeld and the war cabinet bought a Tommy Franks plan to draw down those troops from 130,000 to 30,000 by the fall of 2003. It’s also why the only serious prewar plan for rebuilding Iraq, the State Department’s ‘Future of Iraq’ project, was shelved by the White House (see April 2002-March 2003). General Anthony Zinni’s ‘Desert Crossing’ plan for Iraq occupation, which he bequeathed to Franks, his successor, was also shunted aside (see April-July 1999). Any such bothersome little details were entrusted instead to the Defense Department’s Douglas Feith, whose only (non) qualification was that he had been a loyal provider of cherry-picked Iraq intelligence to [Vice President Dick] Cheney and [Cheney’s then-chief of staff Lewis ‘Scooter’] Libby before the war.… Had nation-building been in the White House’s plan, surely someone would have bothered to investigate what nation was being rebuilt.” Even after Garner’s replacement by Coalition Provisional Authority chief Paul Bremer (see May 11, 2003), nation-building wasn’t on the agenda. The two heads of “private-sector development” in Iraq were, in Rich’s words, “a former Bush campaign finance chair in Connecticut and a venture capitalist who just happened to be [then-press secretary] Ari Fleischer’s brother.” The CPA was staffed by “twentysomethings with no foreign service experience or knowledge of Arabic simply because they had posted their resumes at the Heritage Foundation (see June 25, 2004).… The ‘nation-building’ that America finally did undertake was an improvised initiative, heavier on PR than on achievement, to justify the mission retroactively. Only then did the war’s diehard defenders disingenuously grandfather it in as a noble calling contemplated by the Bush White House from the start.” [Rich, 2006, pp. 213-214]

Entity Tags: Heritage Foundation, Donald Rumsfeld, Ari Fleischer, Anthony Zinni, Douglas Feith, George W. Bush, L. Paul Bremer, Thomas Franks, Jay Garner, Frank Rich, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Iraq under US Occupation

The New York Post editorial board writes that, in light of recent revelations that former Secretary of State Richard Armitage leaked the name of Valerie Plame Wilson to reporters Bob Woodward and Robert Novak (see August 22, 2006, Late August-Early September, 2006, and Late August-Early September, 2006), the only remaining question is “how to do right by the principal victim of the farce—former vice presidential aide I. Lewis ‘Scooter’ Libby?” The Armitage revelation “completely unravels the notion that there was a broad institutional conspiracy” to expose the CIA identity of Plame Wilson, the Post states, and for three years Libby and the Bush administration have been victimized by “loony-left conspiracy-mongering.” The Post blames Armitage and his then-boss, former Secretary of State Colin Powell, for standing by while the outcry against the Plame Wilson leak developed. Even though “Libby shouldn’t have lied to investigators, as he is alleged to have done,” the Post says “the investigation should never have been launched in the first place. It was the product of wild charges from an embittered, partisan former official [Joseph Wilson—see July 6, 2003], combined with bad faith and lack of candor from the top two men at State.” The Post concludes with a call for President Bush to pardon Libby and “let the country put this sorry episode behind it.” [New York Post, 9/2/2006] A day later, the Boston Herald editorial board issues an almost identical call for a presidential pardon for Libby, and excoriates Armitage and Powell for their roles in the affair. [Boston Herald, 9/3/2006] Two days after the Herald publishes its editorial, the Los Angeles Times publishes an editorial which does not directly advocate a pardon for Libby, but calls the Plame Wilson identity leak investigation and the trial a “dark comedy of errors” that should have been ended “long ago.” [Los Angeles Times, 9/5/2006]

Entity Tags: New York Post, George W. Bush, Colin Powell, Bush administration (43), Boston Herald, Joseph C. Wilson, Los Angeles Times, Robert Novak, Valerie Plame Wilson, Richard Armitage, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Bush acknowledging the secret CIA prison network.Bush acknowledging the secret CIA prison network. [Source: Gerald Herbert / Associated Press]In a speech, President Bush acknowledges a network of secret CIA prisons and announces plans to try 14 top al-Qaeda terrorist suspects in military tribunals. [Knight Ridder, 9/6/2006]
Admits Existence of Detainees in CIA Custody - Bush tells his listeners: “In addition to the terrorists held at Guantanamo, a small number of suspected terrorist leaders and operatives captured during the war have been held and questioned outside the United States, in a separate program operated by the Central Intelligence Agency.… Many specifics of this program, including where these detainees have been held and the details of their confinement, cannot be divulged.… We knew that Abu Zubaida (see March 28, 2002) had more information that could save innocent lives, but he stopped talking.… As his questioning proceeded, it became clear that he had received training on how to resist interrogation. And so the CIA used an alternative set of procedures… The procedures were tough, and they were safe, and lawful, and necessary.… These procedures were designed to be safe, to comply with our laws, our Constitution, and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful. I cannot describe the specific methods used—I think you understand why.” Bush then adds that Zubaida “began to provide information on key al-Qaeda operatives, including information that helped us find and capture more of those responsible for the attacks on September 11” (see June 2002). Another high-value detainee, 9/11 planner Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), provided “many details of other plots to kill innocent Americans” (see March 7 - Mid-April, 2003 and August 6, 2007). [Vanity Fair, 12/16/2008; New York Review of Books, 3/15/2009] The 14 prisoners will be put on trial as soon as Congress enacts the Military Commissions Act (MCA—see October 17, 2006), which he is sending to Congress for its approval today. [Savage, 2007, pp. 308-309]
Political Reasons to Acknowledge CIA Prisons - The US government has never officially acknowledged the existence of the CIA prisons before, despite numerous media accounts about them. Bush’s speech comes less than two months before midterm Congressional elections and also comes as the White House is preparing new legislation to legalize the CIA’s detention program and shield US officials from prosecution for possible war crimes. Knight Ridder comments that the speech “appeared to be intended to give him more leverage in his negotiations with Congress over how to try suspected terrorists.… In addition to the potential political benefits, Bush had other reasons to make the program public. A Supreme Court ruling in June struck down the administration’s plan to bring terrorist suspects before military tribunals and called into question the legality of secret CIA detentions.” [Knight Ridder, 9/6/2006]
Sites Closed Down? - Other administration officials say the CIA prison network has been closed down, at least for the time being. (In fact, it will be reopened a short time later (see Autumn 2006-Late April 2007).) Reportedly, “fewer than 100” suspects had ever been in CIA custody. It is not known who they were or what happened to all of them, but most of them reportedly were returned to their home countries for prosecution. Fourteen “high-value” suspects, including accused 9/11 mastermind Khalid Shaikh Mohammed, were transferred from the secret CIA prisons to the prison in Guantanamo, Cuba in the days just prior to Bush’s speech (see September 2-3, 2006).
Torture is 'against [US] Values' - Bush says: “I want to be absolutely clear with our people and the world: The United States does not torture. It’s against our laws, and it’s against our values. I have not authorized it—and I will not authorize it.” However, he says the Geneva Conventions’ prohibition against “humiliating and degrading treatment” could potentially cause legal problems for CIA interrogators. Other administration officials say harsh interrogation techniques such as waterboarding were used in the CIA prisons. Such techniques are considered by many to be forms of torture. Bush claims that information gleaned from interrogations in the secret prisons helped thwart attacks on the US and provided valuable information about al-Qaeda operations around the world. [Knight Ridder, 9/6/2006; Washington Post, 9/7/2006]

Entity Tags: Geneva Conventions, Central Intelligence Agency, George W. Bush, Military Commissions Act, Abu Zubaida, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Abu Zubaida circa 2008.Abu Zubaida circa 2008. [Source: Defense Department.]In a speech defending the US treatment of high-level al-Qaeda prisoners, President Bush apparently makes some false claims about how valuable the intelligence from some prisoners was. He says that Abu Zubaida, who was captured in March 2002 (see March 28, 2002), revealed that 9/11 mastermind Khalid Shaikh Mohammed (KSM) used the alias ‘Mukhtar.’ “This was a vital piece of intelligence that helped our intelligence community pursue KSM.” However, the 9/11 Commission’s final report published in 2004 revealed that the fact that KSM had that alias was known to US intelligence before 9/11 (see August 28, 2001). Bush also claims that Zubaida’s interrogation identified Ramzi bin al-Shibh as an accomplice in the 9/11 attacks. [New York Times, 9/8/2006] However, this was known months before Zubaida’s capture, and reported in the US press as early as September 2001. A CBS News report from that time said bin al-Shibh was “believed to have provided logistics backup for the hijackers.” [CBS News, 9/29/2001] Bush also describes the interrogation techniques used on the prisoners as “safe, lawful and effective,” and he claims torture was not used. However, the New York Times notes that “the Bush administration has yet to make public the legal papers prepared by government lawyers that served as the basis for its determination that those procedures did not violate American or international law.” [New York Times, 9/8/2006] Both the New York Times and Washington Post publish prominent stories pointing out the factual errors in Bush’s statements, but this does not become a big political issue. [Washington Post, 9/7/2006; New York Times, 9/8/2006] Bush repeatedly exaggerated the importance of Zubaida in the months after his capture as well (see Shortly After March 28, 2002).

Entity Tags: Khalid Shaikh Mohammed, Abu Zubaida, George W. Bush, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline

Ali Jan Orakzai.Ali Jan Orakzai. [Source: Farooq Naeem/ Agence France-Presse]On September 5, 2006, the government of Pakistan signs an agreement known as the Waziristan Accord with militants in the tribal area of Pakistan near the border of Afghanistan known as Waziristan (see September 5, 2006). Two days later, Pakistani President Pervez Musharraf and Lt. Gen. Ali Jan Orakzai come to the White House to meet with President Bush about the deal. Orakzai is the military commander of the region encompassing the region. He reportedly hates the US and sympathizes with the Taliban, calling them a “national liberation movement” (see Late 2002-Late 2003). In a presentation to Bush, Orakzai advocates a strategy that would rely even more heavily on cease-fires, and says striking deals with the Taliban inside Afghanistan could allow US forces to withdraw from Afghanistan within seven years. Bush supports the deal, saying in public that same day that it would not create safe havens for the Taliban and could even offer “alternatives to violence and terror.” He does add the cautionary note, “You know we are watching this very carefully, obviously.” [Rashid, 2008, pp. 277; New York Times, 6/30/2008] But three months later, the US State Department will publicly deem the deal a failure for US policy (see November-December 2006). Some US officials will begin to refer to Orakzai as a “snake oil salesman.” [New York Times, 6/30/2008]

Entity Tags: Taliban, Ali Jan Orakzai, Pervez Musharraf, George W. Bush

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Lt. Gen. Stanley A. McChrystal.Lt. Gen. Stanley A. McChrystal. [Source: Defense Department / Helene C. Stikkel]The Washington Post reports in a front page story, “The clandestine US commandos whose job is to capture or kill Osama bin Laden have not received a credible lead in more than two years. Nothing from the vast US intelligence world—no tips from informants, no snippets from electronic intercepts, no points on any satellite image—has led them anywhere near the al-Qaeda leader, according to US and Pakistani officials.” It is widely believed by US intelligence that bin Laden is hiding in tribal areas of Pakistan near the Afghanistan border. Since May 2005, al-Qaeda has killed at least 23 tribal leaders in the region who are opposed to them, making intelligence collection increasingly difficult. There is no single person in charge of the US search for bin Laden with authority to direct covert operations. One counterterrorism official complains, “There’s nobody in the United States government whose job it is to find Osama bin Laden! Nobody!” However, Lt. Gen. Stanley A. McChrystal has become the de facto leader of the search. In recent months, President Bush has requested that the CIA “flood the zone” to gain better intelligence and efforts have stepped up. But at the same time, “Pakistan has grown increasingly reluctant to help the US search.… Pakistani and US counterterrorism and military officials admit that Pakistan has now all but stopped looking for bin Laden. ‘The dirty little secret is, [the US has] nothing, no operations, without the Paks,’ one former counterterrorism officer said.” [Washington Post, 9/10/2006]

Entity Tags: Pakistan, Stanley A. McChrystal, George W. Bush, Osama bin Laden

Timeline Tags: Complete 911 Timeline

President Bush tells a journalist that getting Osama bin Laden is a low priority compared to getting intelligence to stop new attacks. Fred Barnes, executive director of the Weekly Standard, and some other journalists met with Bush on September 12, 2006. Asked the next day on Fox News if Bush thinks catching bin Laden is “priority number one,” Barnes replies, “Well, he said, look, you can send 100,000 special forces, that’s the figure he used, to the mountains of Pakistan and Afghanistan and hunt him down, but he just said that’s not a top priority use of American resources. His vision of a war on terror is one that involves intelligence to find out from people, to get tips, to follow them up and break up plots to kill Americans before they occur. That’s what happened recently in that case of the planes that were to be blown up by terrorists, we think coming from England, and that’s the top priority. He says, you know, getting Osama bin Laden is a low priority compared to that.” [Fox News, 9/13/2006]

Entity Tags: George W. Bush, Fred Barnes

Timeline Tags: Complete 911 Timeline

Conservative columnist Robert Novak, who outed CIA official Valerie Plame Wilson three years ago (see July 14, 2003) after receiving the information about her from, among other sources, then-Deputy Secretary of State Richard Armitage (see July 8, 2003), writes of the Armitage leak. Novak writes that he feels free to discuss it publicly now that Armitage has publicly admitted to being one of Novak’s sources (see September 7, 2006).
Accusation of Misrepresentation - Novak says Armitage misrepresented the nature of their conversation, and wants “to set the record straight based on firsthand knowledge.” Armitage was not passing along information that he “thought” might be the case, Novak writes. “Rather, he identified to me the CIA division where Mrs. Wilson worked [counterproliferation], and said flatly that she recommended the mission to Niger by her husband, former Amb[assador] Joseph Wilson. Second, Armitage did not slip me this information as idle chitchat, as he now suggests. He made clear he considered it especially suited for my column.”
Armitage Leak Discredits 'Left-Wing Fantasy' of White House Smear Campaign - Novak then says that Armitage’s identity as one of the Plame Wilson leakers discredits the “left-wing fantasy of a well-crafted White House conspiracy to destroy Joe and Valerie Wilson” (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006). Armitage was a long-time skeptic of the Iraq invasion, as was Wilson, and Novak himself writes that he “long had opposed military intervention in Iraq.” After his July 2003 column, “[z]ealous foes of George W. Bush transformed me improbably into the president’s lapdog.… The news that [Armitage] and not Karl Rove was the leaker was devastating news for the Left.” Novak is apparently not admitting that Rove was a primary source for the Plame Wilson column (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003). Novak also writes that he finds it difficult to believe Armitage’s claim that he only realized he was Novak’s source for the leak after reading Novak’s October 1, 2003 column (see October 1, 2003). He calls Armitage’s disclosure “tardy” and “tainted,” since in Novak’s view, Armitage’s silence “enabled partisan Democrats in Congress to falsely accuse Rove of being my primary source.” [Chicago Sun-Times, 9/14/2006]
Author: Novak Changed Story for Fourth Time - Progressive author and blogger Marcy Wheeler accuses Novak of “changing his story for the fourth time” (see July 12, 2006) in his recounting of the Armitage episode. In his original column (based in part on Armitage’s confirmation—see July 8, 2003 and July 14, 2003), Novak called Valerie Plame Wilson “an agency operative on weapons of mass destruction,” and credited that information to an unnamed CIA source (later revealed to be CIA spokesman Bill Harlow—see (July 11, 2003) and Before July 14, 2003). In an October 2003 column (see October 1, 2003), Novak named “a senior administration official”—Armitage—as his source for Plame Wilson’s status as an employee of the CIA’s counterproliferation division, which works on WMD (see April 2001 and After). During a subsequent interview with Fox News anchor Brit Hume, Novak again changed Armitage’s description of Plame Wilson’s duties at the CIA. Novak has also changed his story on whether Armitage’s leak was deliberate or merely “chitchat,” as Armitage has claimed. Novak told Newsday reporters that he “didn’t dig out” information on Plame Wilson, “it was given to me.… They thought it was significant, they gave me the name and I used it.” In his October 2003 column, he revised his story, saying he “did not receive a planned leak” and called Armitage’s information “an offhand revelation.” In this current column, he reverts to claiming that Armitage deliberately leaked the information. [Marcy Wheeler, 9/13/2006]

Entity Tags: Marcy Wheeler, Joseph C. Wilson, George W. Bush, Bill Harlow, Karl C. Rove, Richard Armitage, Robert Novak, Valerie Plame Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

At a press conference, President Bush discusses information gained from the interrogation of 9/11 mastermind reveals Khalid Shaikh Mohammed (KSM). In an apparent reference to the 9/11 attacks, Bush says that KSM “described the design of plane attacks on buildings inside the US and how operatives were directed to carry them out.… He told us the operatives had been instructed to ensure that the explosives went off at a point that was high enough to prevent people trapped above from escaping.” [New York Times, 9/15/2006] It is not clear if Bush really meant to say explosives or if this was a verbal slip-up.

Entity Tags: Khalid Shaikh Mohammed, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush signs the 2007 Defense Authorization Act into law. The bill contains a provision that allows the president to more easily declare “martial law” in the US. If Bush or a successor does so, the bill gives the administration the ability to strip much of state governors’ powers over their National Guards and relegate that authority to the federal government. Congress is likely to challenge that provision in the future. The bill makes significant changes to the Insurrection Act that allows the president to invoke the Act during events such as natural disasters, and thereby suspend the 1878 Posse Comitatus Act that prevents the US military from acting in a law enforcement capacity. Senator Patrick Leahy (D-VT) says, “[W]e certainly do not need to make it easier for Presidents to declare martial law. Invoking the Insurrection Act and using the military for law enforcement activities goes against some of the central tenets of our democracy.” [US Senate, 9/19/2006] The relevant section of the bill is entitled “Use of the Armed Forces in Major Public Emergencies.” This section states that “the President may employ the armed forces, including the National Guard in Federal service, to restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of… maintaining public order, in order to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy.” [US Congress, 9/19/2006] GlobalResearch’s Frank Morales will write that the new law allows the federal government to, if it chooses, “commandeer guardsmen from any state, over the objections of local governmental, military, and local police entities; ship them off to another state; conscript them in a law enforcement mode; and set them loose against ‘disorderly’ citizenry….” Under the new law, the federal government may more easily order National Guard troops to round up and detain protesters, illegal aliens, “potential terrorists,” and just about anyone else, and ship them off to detention facilities. Those facilities were contracted out for construction to KBR, a subsidiary of Halliburton, in January 2006, according to the Journal of Counterterrorism and Homeland Security International, at a cost of $385 million over five years. The Journal noted that “the contract is to be executed by the US Army Corps of Engineers… for establishing temporary detention and processing capabilities to augment existing [immigration] Detention and Removal Operations (DRO)—in the event of an emergency influx of immigrants into the US, or to support the rapid development of new programs.” [GlobalResearch (.ca), 10/29/2006] Virtually no Congressional lawmakers seriously objected to the bill’s provision during debate. One of the few exceptions is Leahy, who will, six weeks later, sharply criticize the provision during debate over a separate piece of legislation. Leahy will say, “Using the military for law enforcement goes against one of the founding tenets of our democracy, and it is for that reason that the Insurrection Act has only been invoked on three—three—[occasions] in recent history. The implications of changing the Act are enormous, but this change was just slipped in the defense bill as a rider with little study. Other congressional committees with jurisdiction over these matters had no chance to comment, let alone hold hearings on, these proposals.… This is a terrible blow against rational defense policy-making and against the fabric of our democracy. Since hearing word a couple of weeks ago that this outcome was likely, I have wondered how Congress could have gotten to this point.… [I]t seems the changes to the Insurrection Act have survived… because the Pentagon and the White House want it.… Because of this rubberstamp Congress,… [w]e fail the National Guard, which expects great things from us as much as we expect great things from them. And we fail our Constitution, neglecting the rights of the States, when we make it easier for the president to declare martial law and trample on local and state sovereignty.” [US Senate, 10/29/2006]

Entity Tags: National Guard, Insurrection Act, Halliburton, Inc., GlobalResearch (.ca), George W. Bush, Frank Morales, Journal of Counterterrorism & Homeland Security International, Patrick J. Leahy, Kellogg, Brown and Root, Posse Comitatus Act

Timeline Tags: Civil Liberties

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