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Profile: George W. Bush
Positions that George W. Bush has held:
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]
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]
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”
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]
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]
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 ; 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]
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]
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]
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]
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]
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]
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]
November 8, 2002
Saddam’s “cooperation must be prompt and unconditional or he will face severest consequences”
[US President, 11/11/2002]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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.”
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]
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]
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]
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]
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]
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 10 of 16 (1589 events)previous
Cher talks with a wounded soldier at Landstuhl Medical Center in Germany. [Source: Todd Goodman / US Army]Cher, the celebrity singer and actress, calls in to a morning C-SPAN talk show broadcast. She calls anonymously to discuss her recent visit to the Walter Reed Army Medical Center, where she visited with soldiers wounded in Iraq. She praises the courage and resilience of the soldiers, many of whom have suffered horrific wounds. After she admits to being an entertainer who has worked with the USO, C-SPAN host Peter Slen realizes who she is, and asks, “Is this Cher?” She replies, “Yeah,” and continues to discuss the troops and their “unbelievable courage.” Shortly thereafter, she says: “I wonder why [Dick] Cheney, [Paul] Wolfowitz, [Paul] Bremer, the president—why aren’t they taking pictures with all these guys?… Talking about the dead and wounded, that’s two different things. But these wounded are so devastatingly wounded.… It’s unbelievable. You know, if you’re going to send these people to war, then don’t hide them.… Have some news coverage where people are sitting and talking to these guys and seeing how they are and seeing their spirit. It’s just—I think it’s a crime.” [Village Voice, 11/5/2003; Carter, 2004, pp. 65-66] Shortly after the Walter Reed visit, Cher will become heavily involved in working with wounded veterans through organizations such as Operation Helmet and the Intrepid Fund. She will say of her activism: “I don’t have to be for this war to support the troops because these men and women do what they think is right. They do what they’re told to do. They do it with a really good heart. They do the best they can. They don’t ask for anything.… I can’t speak for everyone, but everyone seems to be against the war but not realizing that that’s not good enough. You’ve got to do something besides just be against it. You’ve got to do some helping as well.” [Stars and Stripes, 7/16/2006]
During a Rose Garden press conference, President Bush is asked why he has not required White House staffers to sign affidavits denying their involvement in the Plame Wilson leak. The reporter asks: “You have said that you are eager to find out whether somebody in the White House leaked the identity of an undercover CIA agent. Many experts in such investigations say you can find if there was a leaker in the White House within hours if you asked all staff members to sign affidavits denying involvement. Why not take that step?” Bush responds: “[T]he best group of people to do that so that you believe the answer is the professionals at the Justice Department. And they’re moving forward with the investigation. It’s a criminal investigation. It is an important investigation. I’d like to know if somebody in my White House did leak sensitive information. As you know, I’ve been outspoken on leaks. And whether they happened in the White House, or happened in the administration, or happened on Capitol Hill, it is a—they can be very damaging. And so this investigation is ongoing and—by professionals who do this for a living, and I hope they—I’d like to know.” [White House, 10/28/2003]
At the Asian-Pacific Economic Summit in Bangkok, Thailand, President Bush lauds Australian Prime Minister John Howard for resisting his country’s parliament and sending troops to Iraq in support of the US. Bush says that the Iraq invasion will transform the Middle East into a region of democracy. “Iraq will change the Middle East,” he says. “Iran will change” because of what the US is doing in Iraq. “I believe Iraq is the place” that will make democracy flourish in the region. “It will evolve into a democratic, free” country like Turkey or Bahrain is “moving to.… I believe it is going to happen.” [McClellan, 2008, pp. 195-196]
The Environmental Protection Agency (EPA) and Department of Agriculture announce a decision to approve the unrestricted sale of the pesticide atrazine. Manufacturers of the chemical will be responsible for monitoring atrazine residue levels in only a small percentage of the watersheds vulnerable to atrazine contamination and ensuring that they do not exceed the Clean Water Act’s total maximum daily load (TMDL). Other vulnerable waterways will not be monitored by the manufacturers or the EPA. For example, Syngenta—the major manufacturer of the chemical—agreed in private meetings with the EPA that it would monitor atrazine pollution in 20 of 1,172 watersheds labeled as high risk beginning in 2004. The number would double the following year. Atrazine has been linked to cancer and is potentially harmful to endangered fish, reptiles, amphibians, mussels, and aquatic plant life. [Environmental Protection Agency, 10/31/2003; Natural Resources Defense Council, 10/31/2003]
President George W. Bush appoints Scott R. Morris as FEMA’s deputy chief of staff. In this role, Morris will manage FEMA’s day-to-day operations, and assist in the implementation of FEMA Director Michael Brown’s priorities and policies. Prior to his appointment, Morris served as the deputy chief of staff and White House liaison for the US Small Business Administration. Before coming to Washington, he was the marketing director for the world’s leading provider of e-business applications software in California, and worked for Maverick Media in Austin, Texas as a media strategist for the George W. Bush for President primary campaign and the Bush-Cheney 2000 campaign. He has also served as the director of political communications for a private communications firm, managed grassroots activities and media strategies for the Dole for President campaign, and assisted the executive director of the Republican National Committee. [Federal Emergency Management Agency, 3/2005; Washington Post, 9/9/2005]
Paul Bremer meets with President Bush in Washington for a private meeting. The Coalition Provision Authority’s effort to implement a number of structural changes to Iraq’s economy is failing, and Washington needs to rethink its strategy. Members of the US-backed Iraqi interim government oppose the changes, and corporate attorneys are advising their clients that Bremer’s orders opening up Iraq to foreign investment could be challenged by a future Iraqi government on the basis that the orders violated UN Resolution 1483 (see May 22, 2003). That resolution stated that the US and Britain were bound to the Hague Regulations of 1907, which bars occupying powers from changing the laws of the occupied country (see October 18, 1907). If corporations purchase Iraqi state assets, and a future elected government declares Bremer’s orders illegal, the companies could lose their investments, the lawyers warn. The risk is so great that not a single insurance company is willing to insure its corporate clients for the “political risk” of losing their investment to expropriation. Bremer returns to Iraq from Washington with a Plan B. On June 30, the Coalition Provisional Authority will be dissolved and the sovereignty of Iraq will be turned over to a US-backed transitional government. That government will be bound by an “interim constitution” (see March 8, 2004), which will contain a clause barring the transitional government from modifying any of Bremer’s laws. [Harper's, 9/24/2004]
An editorial in Britain’s Guardian notes that the downing of a Chinook transport helicopter near Fallujah (see November 2, 2003) is likely to have “a disproportionate psychological impact on US military operations in Iraq and on US public opinion.” The editorial observes that “[t]he perception, in America itself and abroad, is that the security situation in Iraq is deteriorating, rather than improving as President George Bush claims. US-led coalition forces are now being subjected to an average of over 30 attacks daily. Hardly a day passes without news of one or more US fatalities. Far from being accepted as routine, this toll appears to be convincing more and more ordinary Americans that Mr Bush and his officials are not in control of a situation that they, uniquely, created.” Violence in Iraq is escalating on a daily, and deadly, basis, with “soft targets” such as Red Cross and other civilian relief organizations being targeted along with military personnel. Whether foreign terror organizations such as al-Qaeda or native insurgents are responsible for the wave of violence, “[t]he bottom line is relentless violence and mayhem and a US leadership that appears powerless to stop it. This perception that Mr Bush’s Iraq campaign lacks direction and is one over which he is losing control is exemplified, even symbolized, by the dramatic loss of the Chinook. This sense of rudderlessness may prove to be even more damaging to him in the long run than the many controversies that still surround his decision to go to war in the first place.” [Guardian, 11/3/2003]
President Bush signs a bill into law banning so-called “partial-birth abortions.” A similar bill was vetoed by then-President Clinton in 1996 (see April 1996). The bill signing is part of a ceremony of abortion opposition featuring some 400 lawmakers and anti-abortion advocates. The new law, known as the Partial Birth Abortion Ban Act, is the first time the federal goverment has banned an abortion procedure since the 1973 Roe v. Wade decision legalized abortions (see January 22, 1973). A federal judge in Nebraska has already said the law may be unconstitutional, and many observers expect it to be challenged. [CBS News, 4/19/2007] Three years later, the Supreme Court will uphold the law (see April 17, 2007).
Congress passes a law that states US officials in Iraq cannot prevent an inspector general for the Coalition Provisional Authority from carrying out any investigation. The inspector general will inform Congress if officials refuse to cooperate with his inquiries. President Bush issues a signing statement directly contradicting the law. According to Bush’s statement, the inspector general “shall refrain” from investigating anything involving sensitive plans, intelligence, national security, or anything already being investigated by the Pentagon. The inspector cannot tell Congress anything if the president decides that disclosing the information would impair foreign relations, national security, or executive branch operations. [Boston Globe, 4/30/2006]
Time magazine does a cover story on the recovering Private Jessica Lynch, who is the subject of a biography (see November 11, 2003) and a television movie (see November 10, 2003). The article profiles Lynch as she recovers from her wounds at her home in West Virginia. She says she had no idea that within hours of her rescue from an Iraqi hospital (see June 17, 2003), she had become an instant celebrity (see April 3, 2003). “I didn’t think that anyone out there even knew I existed, let alone write me a letter,” she says. “I was asking my mom, ‘Did I make the hometown Journal?’ She was like, ‘Yeah, you made it, plus all these world papers.’” Her father Greg recalls that she and the family were excited when Defense Secretary Donald Rumsfeld came to their home to visit. “That was rewarding,” he says. “Not every day that you meet the big boys.” President Bush has not called the Lynch home, but, according to her father, she does not expect him to call. “He’s got a job to do,” her father says. Her physical recovery is a slow, unsteady process, but she is improving, her parents and physical therapist say. [Time, 11/9/2003]
Senators of both parties have been accusing the White House of stonewalling the 9/11 Commission by blocking its demands for documents despite threats of a subpoena. [Associated Press, 10/27/2003] On this day, the White House and the 9/11 Commission strike a deal. The main issue is access to the presidential daily briefings given to President Bush. Under the deal, only some of the ten commissioners will be allowed to examine classified intelligence documents, and their notes will be subject to White House review. Some 9/11 victims’ relatives complain that the agreement gives the White House too much power. The Family Steering Committee complains, “All ten commissioners should have full, unfettered, and unrestricted access to all evidence.” It urges the public release of “the full, official, and final written agreement.” [Associated Press, 11/13/2003] Commissioner Max Cleland is unsatisfied with the deal and resigns a short time later (see December 9, 2003).
After 71 days of negotiations, Congressional Republicans announce that they have agreed on an energy bill that would provide some $20 billion in tax breaks for power companies. [New York Times, 11/15/2003; Christian Science Monitor, 11/19/2003] President Bush voices his support for the bill—drafted mostly by Republicans—which he says will make the US “safer and stronger” by helping to “keep the lights on, the furnaces lit, and the factories running.” He also states, “By making America less reliant on foreign sources of energy, we also will make our nation more secure.” [New York Times, 11/15/2003; US President, 11/24/2003] To facilitate the bill’s passage through Congress, “negotiators sprinkled in dozens of sweeteners sought by states and congressional districts,” including nearly $1 billion in shoreline restoration projects, tax credits for a company that manufactures fuel from compressed turkey carcasses, and a provision doubling the use of corn-based ethanol as a gasoline additive. The Republican lawmakers also dropped a section that would have opened the Arctic National Wildlife Refuge to oil exploration, as Democrats had made clear that they would vote against any bill containing such a provision. But the Republicans decided against including a Democrat-favored plan to require large utility companies to steadily increase their use of energy from clean, renewable sources such as wind and solar power. [New York Times, 11/15/2003; Washington Post, 11/16/2003; Associated Press, 11/16/2003; Christian Science Monitor, 11/19/2003] The bill includes:
A provision introduced by House Majority Leader Tom DeLay that would provide energy companies and universities with $2 billion in subsidies over the next 10 years for research and development of ultra deep-water oil exploration techniques and “unconventional” natural gas extraction. [Washington Post, 11/16/2003; Associated Press, 11/16/2003; Christian Science Monitor, 11/19/2003]
A controversial provision granting Gulf Coast refiners of the fuel additive MTBE $2 billion in subsidies to assist them in the phasing out of MTBE production. The phase-out, originally proposed to take 4 years, is extended to 10 by the bill. MTBE, or methyl tertiary-butyl ether, which helps decrease smog, is known to contaminate groundwater. The new energy bill would also prevent communities from bringing product liability lawsuits against the manufacturers of MTBE. Tom Delay was a strong supporter of this provision, as were other legislators from Louisiana and Texas, where MTBE is produced. [New York Times, 11/15/2003; Washington Post, 11/16/2003; Associated Press, 11/16/2003; Christian Science Monitor, 11/19/2003]
A section dealing with the electric grid that would require large power companies to meet new mandatory reliability standards. [New York Times, 11/15/2003; New York Times, 11/16/2003]
Royalty relief to the owners of marginal oil and gas wells. The program would apply to approximately 80 percent of all wells on federal lands. [Christian Science Monitor, 11/19/2003]
A provision that would allow taxpayer money to fund the clean-up of leaking underground gasoline storage tanks (LUST). [Natural Resources Defense Council et al., 11/17/2003]
A provision authorizing Alaska’s “Denali Commission” to use over $1 billion on hydroelectric and other energy projects on Alaska Federal Lands. [Natural Resources Defense Council et al., 11/17/2003]
A provision permitting urban areas like Dallas-Ft. Worth, Washington, DC and southwestern Michigan to further delay efforts to reduce air pollution, “an action that will place a significant burden on states and municipalities down-wind of these urban centers.” [Natural Resources Defense Council et al., 11/17/2003]
$100 million/year in production tax credits for the construction of up to four light-water nuclear reactors. [Washington Post, 11/16/2003; Christian Science Monitor, 11/19/2003]
Loan guarantees for building a $20 billion trans-Alaska natural gas pipeline. But officials of ConocoPhillips, a major backer of the project, complain that the bill’s incentives are insufficient to get the project moving. [Associated Press, 11/16/2003; Washington Post, 11/16/2003]
Tax incentives to encourage wind power generators, energy-efficient homes and hybrid passenger cars running on gasoline and batteries. Additionally, it sets aside funds for equipping government buildings with photovoltaic cells and developing energy-efficient traffic lights. The package also allocates $6.2 million to encourage bicycle use. But according to a preliminary estimate by the American Council for an Energy-Efficient Economy, these progressive reforms would eliminate only about three months worth of energy use between now and 2020. [Washington Post, 11/16/2003]
A repeal of the 1935 Public Utility Holding Company Act, which limits utility industry mergers. This provision was a top priority for the electric power industry and the White House. [Washington Post, 11/16/2003] Senator Pete V. Domenici, Republican of New Mexico and chairman of the conference committee charged with resolving differences between the House and Senate bills, acknowledge to the New York Times that the bill will likely be criticized. [New York Times, 11/15/2003]
President Bush signs into law the defense authorization bill, which contains a controversial rider allowing the Pentagon to circumvent the Marine Mammal Protection Act (MMPA) and Endangered Species Act (ESA). The MMPA prohibits government and commercial interests from engaging in activities harmful to the declining populations of whales, dolphins and seals. The act, passed in 1972, has been credited with halting the decline of some of those populations. The bill also exempts the military from certain provisions of the ESA. [Washington Post, 11/16/2003; Christian Science Monitor, 11/24/2003] For example, the bill:
Permits the secretary of defense to exempt any military activity from the MMPA, without regard to its impact on whales, seals and dolphins. The Navy claims the MMPA puts American lives at risk because it makes it more difficult for the Navy to detect enemy submarines. [Washington Post, 11/16/2003; Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
Loosens the MMPA definition of “harassment” of marine mammals, making it almost impossible to enforce the MMPA. [Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
Extends the Pentagon’s exemptions to scientists who conduct research sponsored by the Navy or other federal agencies. [Earth Island Institute, 11/6/2004]
Eliminates language in the MMPA that prohibits the Navy from doing sonars, invasive research, bomb testing and other activities that threaten the habitat of whales, seals and dolphins. [Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
Exempts US military bases and lands from ESA habitat-protection provisions. Defense Secretary Donald Rumsfeld says that the new exemption will “improve… military readiness” even though a General Accounting Office study found that “very few units reported being unable to achieve combat-ready status due to inadequate training areas.” [General Accounting Office, 6/2002 ; Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004] Encouraged by their success at weakening the MMPA and ESA, defense officials say that next year they will attempt to modify a court agreement the Pentagon accepted the month before requiring the Navy to limit where it can use its new low-frequency sonar system that has the ability to track quiet diesel submarines. Critics argue the sonar’s frequency is so loud that it could kill noise-sensitive whales and dolphins. [Washington Post, 11/16/2003] The military is also planning to seek exemptions to the Clean Air Act, the Resource Conservation and Recovery Act and the Superfund Act (see April 6, 2004). [Christian Science Monitor, 11/24/2003]
In his proposed 2005 budget, President Bush proposes reducing the budget of the Assistance to Firefighters Grant Program (AFGP) from $750 million to $500 million. The budget allocates, in total, $27 billion for the nation’s first responders over the next four years. A Council on Foreign Relations study, based on surveys of emergency responder groups, shows that the minimum necessary to secure the US from a second major terrorist attack is around $94 billion—almost four times the amount approved by Bush. [Carter, 2004, pp. 20-21; White House, 4/3/2004; Federal Election Commission, 1/16/2008] Congress will manage to increase the funding for the program to $542 million. It had hoped to increase funding to around $900 million. [Center for American Progress, 8/25/2004; Charles Schumer, 9/22/2006]
President Bush holding the fake turkey. [Source: AP / Anja Niedringhaus]President Bush makes a surprise visit to Iraq to have a carefully staged “Thanksgiving dinner with the troops” at the Baghdad International Airport. [White House, 11/27/2003] Most of the 600 or so troops present for the meal are from the Army’s 1st Armored Division and 82nd Airborne units. For security reasons, Bush never leaves the airport, and leaves shortly after the meal. Bush’s entrance is carefully choreographed, with Coalition Provisional Authority head Paul Bremer telling the gathered troops that the most senior official present should read Bush’s Thanksgiving proclamation. Then, turning to a curtained-off area and asking, “Is there anybody back there who’s more senior than us?” Bush enters the area wearing military fatigues. [USA Today, 11/27/2003]
Fake Turkey - Bush poses with a lovely, huge, golden-brown turkey. The turkey is not real, but merely a prop prepared by the food service arm of Kellogg, Brown and Root. The troops actually eat turkey and vegetables from a cafeteria-style steam tray. White House officials later claim not to have known about the enormous decorative bird, and say that Bush’s memorable photo-op of him holding the fake turkey was an impromptu moment that was not planned in advance. Military sources later say that such decorative turkeys are standard features of holiday “chow lines.” [CBS News, 11/27/2003]
Some Soldiers Denied Dinner - Not all the soldiers at the airport are able to eat with the president, or in fact are able to eat at all. In December, Sergeant Loren Russell writes in a letter to Stars & Stripes that soldiers from his unit were denied entrance to the Bob Hope Dining Facility, where Thanksgiving dinner was being served, “because they were in the wrong unit.” Russell writes that his soldiers “understand that President Bush ate there and that upgraded security was required. But why were only certain units turned away? Why wasn’t there a special meal for President Bush and that unit in the new dance hall adjoining the 1st Armored Division’s band building? And all of this happened on Thanksgiving, the best meal of the year when soldiers get a taste of home cooking.” [Stars and Stripes, 1/27/2007]
Secret Flight - The trip to Iraq is conducted under conditions of extreme secrecy; only Laura Bush and a very few top officials are told of the planned visit. Had word leaked of the trip, it would have been canceled. Most White House officials and reporters are told that Bush would spend the holiday at his ranch in Crawford, Texas. Instead, Bush, accompanied by National Security Adviser Condoleezza Rice, is driven away in an unmarked vehicle. At a nearby airport, he boards Air Force One from the back stairs instead of the usual front entrance. After stopping at Andrews Air Force Base outside Washington, where the entourage picks up a few aides, and four reporters and one camera crew sworn to secrecy, the aircraft departs for Iraq. In all, the press corps traveling with the president totals five reporters, five photographers, a TV producer, and a two-person camera crew. All the media members in the group had agreed to surrender their cell phones and wireless e-mail devices beforehand in order to keep them from surreptitiously reporting on the impending trip. [USA Today, 11/27/2003; PressThink, 12/3/2003; Associated Press, 6/14/2006]
Public Relations Effort - According to New York Times columnist and media reporter Frank Rich, the trip was set in motion by the White House’s public relations team and its desire to chase the Chinook tragedy (see November 2, 2003 and November 2, 2003) off the front pages. [Rich, 2006, pp. 110] White House officials say that Bush had been talking about such a visit for weeks, and the final decision to go was reached the day before in a conference call between Bush and Vice President Cheney. [USA Today, 11/27/2003] Journalism professor Jay Rosen later observes that the willing participation of reporters in this kind of event destroys the boundaries between reporters and the subjects they cover. Rosen will write: “The whole notion of the trip as an independently existing thing that could be ‘covered’ is transparently false, as the White House warning to journalists demonstrates. If word leaked out, the trip was to be canceled—it would no longer exist—and the airplane would turn around and head back to Washington. That does not mean the trip was illegitimate to undertake or to treat as news; but it does mean that its potential legitimacy as news event lies outside the logic of ‘things happen and we cover them’ or ‘the president took decisive action and the press reported it.’ Here, the press took action and it was equally decisive. It agreed, first, to go along and record the scene and then to keep the flight a secret; and these decisions by journalists were not incidental to Bush’s decision to go but integral to it. Would the trip have made sense, would the danger have been justified, if reporters and camera crews were not taken along? The answer is clearly no. But this means the press is part of the presidency, an observation that, while true enough, makes it harder to cover the presidency as an independently existing thing.” [PressThink, 12/3/2003]
Negative Reactions - An Army nurse at the American hospital in Landstuhl, Germany, which receives and treats wounded US troops coming from Iraq and Afghanistan, has a different take on Bush’s visit. In an e-mail to the Boston Globe, the nurse, who does not wish her name made public, will write: “My ‘Bush Thanksgiving’ was a little different.… I spent it at the hospital taking care of a young West Point lieutenant wounded in Iraq. He had stabilization of his injuries in Iraq and then two long surgeries here for multiple injuries; he’s just now stable enough to send back to the USA. After a few bites of dinner I let him sleep, and then cried with him as he woke up from a nightmare. When he pressed his fists into his eyes and rocked his head back and forth he looked like a little boy. They all do, all 19 on the ward that day, some missing limbs, eyes, or worse.… It’s too bad Mr. Bush didn’t add us to his holiday agenda. The men said the same, but you’ll never read that in the paper. Mr. President would rather lift fake turkeys for photo ops, it seems. Maybe because my patients wouldn’t make very pleasant photos… most don’t look all that great, and the ones with facial wounds and external fixation devices look downright scary. And a heck of a lot of them can’t talk, anyway, and some never will talk again.… Well, this is probably more than you want to know, but there’s no spin on this one. It’s pure carnage.… Like all wars, the ‘shock and awe’ eventually trickles down to blood and death. But you won’t see that. I do, every single day.” Globe columnist Joan Vennochi will add: “How much of this is enough for the president of the United States? It depends whether the goal is public relations for a presidential campaign or public acknowledgment of the consequences of war—the human consequences. They are convalescing in places like Landstuhl.” [Boston Globe, 12/11/2003] In 2007, author Annia Ciezadlo will recall her Thanksgiving in Baghdad during the same time. Ciezadlo, who spent the holiday with an Iraqi family, will write: “We saw pictures of him later, serving Thanksgiving dinner to American soldiers, posing like a waiter with a great big [turkey] on a tray. He never left the base. ‘You are defeating the terrorists here in Iraq,’ he told the troops, ‘so we don’t have to face them in our own country.’ An Iraqi friend once told me it was that line about fighting in Iraq to make America safer that turned his adoration of Mr. Bush into hatred.” [New York Times, 11/27/2007]
Entity Tags: Dan Bartlett, Frank Rich, George W. Bush, Annia Ciezadlo, Kellogg, Brown and Root, Condoleezza Rice, Richard (“Dick”) Cheney, US Department of the Army, Loren Russell, Laura Bush, Jay Rosen, L. Paul Bremer
Timeline Tags: Iraq under US Occupation, Domestic Propaganda, 2004 Elections
Thomas Kean, the chairman of the 9/11 commission, finally gains access to Bill Clinton’s and George W. Bush’s Presidential Daily Briefings (PDBs). Co-chairman Lee Hamilton calls the PDBs the “holy of holies.” They are documents that the Bush administration has worked relentlessly to keep out of the commission’s hands. Kean assumes that the documents are chock full of critical information. “I thought this would be the definitive secrets about al-Qaeda, about terrorist networks, and all the other things that the president should act on,” Kean will later recall. “I was going to find out the most important things that a president had learned.” Kean believes the PDBs should contain “incredibly secretive, precise, and accurate information about anything under the sun.” When he begins reading through the PDBs, he finds that the documents are not what he expected. He finds that they contain almost nothing of use. The realization terrifies him—these digests of the most important, sensitive secrets garnered by the US intelligence community, at a cost of tens of billions of dollars per year, used by the president to base his actions and decisions upon, are, in Kean’s words, “garbage.” He continues, “There really was nothing there—nothing, nothing.” Had his students at Drew University turned in terms papers this poorly researched, he says, “I would have given them an F.” There are a few snippets of solid information among the dross, tidbits about al-Qaeda and other terrorist groups. Occasionally, something intriguing catches Kean’s attention, for instance a report of a sighting of Osama bin Laden or a tip from a foreign intelligence service about possible future actions by a terrorist group. But most of the PDB contents could have been gleaned from reading the newspaper. Author Philip Shenon will write: “Perhaps the reason why the White House had fought so hard to block the commission’s access to the PDBs was that they revealed how ignorant the government was of the threats it faced before 9/11. Kean could understand their fear. Imagine the consequences if al-Qaeda and its terrorist allies knew how little the United States really knew about them.” [Shenon, 2008, pp. 220-221] 9/11 Commissioner Jamie Gorelick also sees the same PDBs around the same time, and while she also is surprised by the lack of detail, she is more surprised at how alarming the warnings about an al-Qaeda attack are (see Early December 2003).
On a trip home to Washington, the chief of the CIA’s Baghdad station, Gerry Meyer (see May 18, 2006), meets with President Bush to discuss the situation in Iraq. [Risen, 2006, pp. 146-147] Details of the meeting are unknown, but Meyer recently wrote a report saying the situation in the country was deteriorating (see November 10, 2003), so this is probably the main topic of conversation.
Howard Dean [Source: UC Berkeley]In a December 1, 2003, interview, Howard Dean discusses the possibility that President Bush is hiding information that he was warned in advance about the 9/11 attacks. Presidential candidate Dean states that “The most interesting theory that I have heard so far… is that he was warned ahead of time by the Saudis.” Six days later, Dean clarifies, “I don’t believe that… But we don’t know, and it’d be a nice thing to know.” He concludes, “Because the president won’t give information to the Kean Commission, we really don’t know what the explanation is.” [The Beat, 12/23/2003] When asked about these comments, President Bush says “Look, there’s time for politics. And, you know… there’s a time for politics. And… it’s an absurd insinuation.” Dean spokesman Jay Carson responds, “Gov. Dean has been very clear he doesn’t subscribe to or believe this theory. But the White House needs to be more forthcoming with the 9-11 commission and put all these types of theories to rest.” [Dallas Morning News, 12/15/2003]
President Bush signs into law the “Healthy Forest Restoration Act,”
(see May 21, 2003) aimed at reducing environmental and judicial review of forest-thinning fire-prevention programs in national forests. The law—modeled on President Bush’s “Healthy Forest Initiative”—almost doubles the federal budget for forest-thinning projects to $760 million. [White House, 12/3/2003; Associated Press, 12/4/2003; Los Angeles Times, 12/4/2003] The bill axes a requirement that any proposed US Forest Service (USFS) program that may adversely affect endangered plants or animals be reviewed by the Fish and Wildlife Service or the National Marine Fisheries Service. Under the new law, reviews will instead be performed by USFS biologists or other land-management agencies. Marty Hayden, legislative director for Earthjustice, says the measure removes important checks and balances. “The conflict of interest is that the agency whose top job is to do the logging will make this decision, rather than the agency whose top job is to protect threatened or endangered species,” he explains. [Los Angeles Times, 12/4/2003] Critics of the bill argue that it will make it easier for timber companies to log large fire-resistant trees in remote parts of the forest and ignore the needs of at-risk communities who need help clearing flammable brush from the immediate areas surrounding their homes and property. Sean Cosgrove, a forest expert with the Sierra Club, tells CNN: “The timber industry fought real hard for this bill for a reason and it’s not because they want to remove brush and chaparral. Through and through this thing is about increasing commercial logging with less environmental oversight.” Overall, critics say, the law reduces environmental review, limits citizen appeals, pressures judges to quickly handle legal challenges to logging plans, and facilitates access for logging companies to America’s 20 million acres of federal forests. [Associated Press, 12/3/2003; Natural Resources Defense Council, 12/3/2003; Associated Press, 12/4/2003]
During a press conference, Washington Times reporter Bill Sammon asks President Bush, “I know you said there will be a time for politics, but you’ve also said you wanted a change in tone in Washington. Howard Dean recently seemed to muse aloud whether you had advanced knowledge of 9/11. Do you agree or disagree with the RNC that this kind of rhetoric borders on political hate speech?” Bush stammers and pauses with his reply: “Look, there’s time for politics.… And, you know… there’s a time for politics.… And… it’s an absurd insinuation.” [CNN, 12/14/2003; Dallas Morning News, 12/15/2003]
Saddam Hussein shortly after his capture. [Source: BBC]Saddam Hussein is captured by US forces, in an operation given the title of “Red Dawn.” Hussein is hiding in a tiny cellar at a farmhouse in Adwar, a village south of his hometown of Tikrit. Coalition Provisional Authority administrator L. Paul Bremer announces Hussein’s capture to a group of journalists by saying: “Ladies and gentlemen, we got him.… The tyrant is a prisoner.” According to soldiers present at the capture, Hussein put up no resistance. Iraqi Governing Council head Abdul Aziz al-Hakim says a DNA test proves the man in custody is indeed Saddam Hussein.
Reactions from Western Leaders - US President George W. Bush calls Hussein’s capture “good news,” and White House spokesman Scott McClellan says, “The Iraqi people can finally be assured that Saddam Hussein will not be coming back—they can see it for themselves.” British Prime Minister Tony Blair says Hussein’s capture “removes the shadow” hanging over Iraq. “Where his rule meant terror and division and brutality, let his capture bring about unity, reconciliation and peace between all the people of Iraq.”
Tip from Clan Member Leads to Capture - US military spokesman Major General Raymond Odierno says Hussein was captured within 24 hours of US forces receiving a tip as to Hussein’s whereabouts from a member of his clan. “He was caught like a rat,” says Odierno. “It was ironic that he was in a hole in the ground across the river from the great palaces he built using all the money he robbed from the Iraqi people.” Of the tip, Odierno says: “Over the last 10 days we brought in about five to 10 members of these families, and finally got the ultimate information from one of these individuals.… This was not something that happened overnight. Since we have been [in Iraq] we have collected a lot of intelligence. We always knew that he was relying on family and tribal ties.” It is not known whether that clan member will receive the $25 million offered by the US for information leading to Hussein’s capture. Odierno describes Hussein as “very much bewildered,” and notes that when Hussein was captured, he said “hardly anything at first.” He is described by US officials as polite and cooperative in his captivity.
'Spider Hole' - Hussein’s hiding place, characterized by some US spokesmen as a “spider hole,” was a small hut with two rooms: a bedroom cluttered with clothes, and a kitchen with running water. [BBC, 12/14/2003; Fox News, 12/14/2003] The hut contains some $750,000 in US money. [Christian Science Monitor, 12/15/2003] The cellar where Hussein is found is a tiny, rough-dug hiding place, with a styrofoam cover and a tube to allow air in.
Iraqis Celebrate - In the northern Kurdish town of Kirkuk, people celebrate the news of Hussein’s capture and arrest by blowing their automobile horns and firing guns into the air. [BBC, 12/14/2003; Fox News, 12/14/2003] “We are celebrating like it’s a wedding,” says one Kirkuk resident. “We are finally rid of that criminal.”
Council Members: Hussein Will Stand Trial; Capture Will Bring End to Terrorism in Iraq - Iraqi Governing Council member Ahmed Chalabi says Hussein will be put on trial. “Saddam will stand a public trial so that the Iraqi people will know his crimes,” Chalabi says. Fellow council member Jalal Talabani says that with Hussein’s capture, terrorism in Iraq will cease: “With the arrest of Saddam, the source financing terrorists has been destroyed and terrorist attacks will come to an end. Now we can establish a durable stability and security in Iraq.” [Fox News, 12/14/2003]
One US lawmaker, Congressman Jim McDermott (D-WA), believes that the story surrounding the capture of Saddam Hussein (see December 14, 2003 and December 17, 2003) is false. Instead, McDermott alleges, the capture was stage-managed for President Bush’s political benefit. “There’s too much by happenstance for it [Hussein’s capture] to be just a coincidental thing,” he tells a Seattle radio interviewer. When asked if he believed the timing was planned to help Bush, McDermott replies: “Yeah. Oh, yeah.” McDermott notes that the US had “been in contact with people all along who knew basically where he was.” He adds that the timing of a recent move by the Iraqi Governing Council to hastily enact legislation for a war crimes court to try former regime members is suspicious. Bush supporters will accuse McDermott of spreading “paranoid conspiracy theories” and “crazy talk.” [Asia Times, 4/17/2004] Subsequent evidence will bear out some of McDermott’s skepticism (see January 2004).
Diane Sawyer with President Bush. [Source: USA Today]President Bush gives a rare one-on-one interview to ABC’s Diane Sawyer. Among other topics addressed, he reaffirms his belief that terrorists operated in Iraq before the March 2003 invasion (citing Ansar al-Islam, “a al-Qaeda affiliate, I would call them al-Qaeda, was active in Iraq before the war, hence—a terrorist tie with Iraq…”) and that his insistence that Iraq had an active and threatening WMD program was based on “good solid intelligence[, t]he same intelligence that my predecessor [Bill Clinton] operated on.” [ABC News, 12/17/2003] In 2004, former Nixon White House counsel John Dean will respond, “His predecessor, however, never claimed that Saddam [Hussein] had imminent… nuclear capacity, nor did his predecessor say that Iraq had ties to al-Qaeda.” [Dean, 2004, pp. 153]
Iraq Had WMD Program, Bush Insists - Bush insists that weapons inspector David Kay proved Iraq did have a burgeoning and active WMD program (see October 2, 2003), and implies that it is just a matter of time before the actual weapons are found. Sawyer says, “But stated as a hard fact, that there were weapons of mass destruction as opposed to the possibility that he could move to acquire those weapons still,” to which Bush replies, “So what’s the difference?” Sawyer appears taken aback by the answer, and Bush continues that since it was possible Hussein would acquire WMDs, it was necessary to “get rid of him” to make “the world a safer, freer place.” Sawyer presses the point home: “What would it take to convince you he didn’t have weapons of mass destruction?” and Bush responds: “Saddam Hussein was a threat. And the fact that he is gone means America is a safer country.” Sawyer asks, “And if he doesn’t have weapons of mass destruction?” and Bush replies tartly: “Diane, you can keep asking the question. I’m telling you, I made the right decision for America. Because Saddam Hussein used weapons of mass destruction, invaded Kuwait (see August 2, 1990). But the fact that he is not there is, means America’s a more secure country.” [ABC News, 12/17/2003] White House press secretary Scott McClellan will later write, “Bush’s response was telling, much more so than I stopped to contemplate at the time.” [McClellan, 2008, pp. 200]
Why Read the News? - Sawyer asks Bush about his reported penchant for not reading the news for himself. Bush confirms that he gets his news from National Security Adviser Condoleezza Rice and White House chief of staff Andrew Card, who, Sawyer says, “give you a flavor of what’s in the news.” Bush agrees that this is the case, and says: “Yeah. I get my news from people who don’t editorialize. They give me the actual news. And it makes it easier to digest, on a daily basis, the facts.” Sawyer asks, “Is it just harder to read constant criticism or to read?” to which Bush replies: “Why even put up with it when you can get the facts elsewhere? I’m a lucky man. I’ve got, it’s not just Condi and Andy. It’s all kinds of people in my administration who are charged with different responsibilities. And they come in and say, ‘this is what’s happening, this isn’t what’s happening.’” Laura Bush, who joins her husband halfway through the interview, says she reads the newspapers, including the opinion columns, but says: “I agree with him that we can actually get what is really happening from the people who really know what’s happening. And that isn’t always what you get in the newspapers.… There are certain columnists I won’t read. I mean, what, you know, why would I?” [ABC News, 12/17/2003]
Wilson: Bush 'Systematically Deceived' US, 'Betrayed' Military - Months later, former ambassador Joseph Wilson will write: “It was clear, from this one statement, […] that the administration, from the president on down, had systematically deceived the American people, Congress, and the world. Most of all, the president had betrayed the soldiers, sailors, airmen, and Marines who so bravely march out when ordered into war to defend our country against immiment threats, or even from grave and gathering dangers. Iraq had posed neither. The difference, Mr. President, I thought, is that war was not the only option, or even the best one. We had gone to war over capacity, not stockpiles, not mushroom clouds (see September 4, 2002), not intent, or, as John Bolton had earlier said more directly, because scientists were on Saddam’s payroll. Our troops had died—and were continuing to die—in vain. I came away from this sad revelation resolved that, unlike the other bitterly divisive war debate of my lifetime, over the war in Vietnam, we should admit this terrible fact sooner, rather than later, and thereby revise our national policies accordingly.” [Wilson, 2004, pp. 414-415]
Entity Tags: Laura Bush, William Jefferson (“Bill”) Clinton, Scott McClellan, Joseph C. Wilson, David Kay, Diane Sawyer, Al-Qaeda, George W. Bush, Andrew Card, Condoleezza Rice, Ansar al-Islam, Saddam Hussein
Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation
For the first time, 9/11 Commissioner Thomas Kean says that the 9/11 attacks could and should have been prevented. Kean, a Bush appointee and former Republican governor of New Jersey, states that “This was not something that had to happen… There are people that, if I was doing the job, would certainly not be in the position they were in at that time because they failed. They simply failed.” In 2002, FBI Director Robert Mueller stated, “[T]here was nothing the agency could have done to anticipate and prevent the [9/11] attacks” (see May 8, 2002) and other Bush administration officials have also said the attacks were all but unstoppable. Kean promises major revelations from the FBI, CIA, Defense Department, NSA, and possibly former President Clinton and President Bush. [CBS News, 12/17/2003] But within days, Kean amends his comments. He says that he wants to make it “clear” that he meant that officials at the operational level two years ago deserved to be singled out for blame and that no judgments had been reached about senior officials. This coincides with continued attempts from the White House to paint the intelligence prior to the attacks as non-specific “chatter,” and the attacks themselves as “literally bolts from the blue.” [Boston Globe, 12/21/2003]
Vice President Cheney, discussing the administration’s refusal to negotiate with North Korea, sums up its policy quite bluntly. “I have been charged by the president with making sure that none of the tyrannies in the world are negotiated with,” he says. “We don’t negotiate with evil; we defeat it.” Cheney is primarily responsible for rejecting a joint statement acknowledging North Korea’s right to exist as an independent nation, a precondition for North Korea to resume negotiations (see December 12, 2003). However, a Bush administration spokesman blames North Korea, not the US, for refusing to engage, and says the administration is willing to negotiate “without any preconditions.” Cheney insisted that North Korea agree to dismantle its nuclear program before any negotiations could begin. According to a senior Bush official, a North Korean negotiator has complained that the US demands are the equivalent of “you… telling me to take off all my clothes and walk out in a snowstorm and you promise you will come running with a coat. I don’t think so. You want me to go naked into the night.” [Knight Ridder, 12/19/2003; Scoblic, 2008, pp. 234]
Patrick Fitzgerald. [Source: US Department of Justice]Citing potential conflicts of interest, Attorney General John Ashcroft formally recuses himself from any further involvement in the investigation of the Valerie Plame Wilson identity leak (see September 26, 2003 and September 30, 2003). The Justice Department names Patrick Fitzgerald, the US attorney for the Chicago region, to handle the investigation. In a letter to Fitzgerald authorizing the position, Deputy Attorney General James Comey writes: “I hereby delegate to you all the authority of the attorney general with respect to the department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as special counsel independent of the supervision or control of any officer of the department.” Many believe that Ashcroft’s continued involvement has become politically untenable, and that the investigation has reached a point where his potential conflicts of interest can no longer be ignored. The White House steadfastly denies that any of its officials leaked Plame Wilson’s name to conservative columnist Robert Novak, who first outed Plame Wilson in his column (see July 14, 2003), or any other member of the press. The FBI has already spoken to White House political adviser Karl Rove, suspected of being one of Novak’s sources; Rove has close political ties to Ashcroft. Upon Ashcroft’s recusal, the investigation was given over to Comey, who immediately named Fitzgerald to head the investigation. Fitzgerald and Comey, himself a former Manhattan prosecutor, are close friends and colleagues. [Office of the Deputy Attorney General, 12/30/2003 ; Associated Press, 12/30/2003; New York Times, 12/31/2003]
Appearance of Conflict of Interest - Comey tells the press: “The attorney general, in an abundance of caution, believed that his recusal was appropriate based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation. I agree with that judgment. And I also agree that he made it at the appropriate time, the appropriate point in this investigation.” Comey says that while Ashcroft denies an actual conflict of interest exists, “The issue that he was concerned about was one of appearance.” White House officials say that President Bush had no role in the decision; some White House and law enforcement officials were surprised upon learning of Comey’s decision.
Investigation Reaching into White House? - Some Democrats believe that Ashcroft’s recusal is an indication that the investigation is moving into the White House itself. Senator Charles Schumer (D-NY) says of Comey’s decision, “This isn’t everything that I asked for, but it’s close.” In regards to Fitzgerald, Schumer says, “I would have preferred to have someone outside the government altogether, but given Fitzgerald’s reputation for integrity and ability—similar to Comey’s—the glass is three-quarters full.” Governor Howard Dean (D-VT), a leading Democratic contender for the presidency, says Ashcroft’s decision “is too little, too late.” For the last three months, the investigation has been run by John Dion, the Justice Department’s chief of counterespionage. Whether Fitzgerald will ask Dion or other Justice Department investigators to remain on the case remains to be seen. “I wouldn’t be surprised if he thought maybe he ought to keep some or all of the career folks involved,” says Comey. Fitzgerald has the authority to issue subpoenas and grant immunity on his own authority, Comey confirms. “I told him that my mandate to him was very simple. Follow the facts wherever they lead, and do the right thing at all times. And that’s something, if you know this guy, is not something I even needed to tell him.” [New York Times, 12/31/2003]
Fitzgerald's 'Impressive Reputation' - Fitzgerald has earned an “impressive reputation,” in Plame Wilson’s words, as a government prosecutor. In 1993, he won a guilty plea from Mafia capo John Gambino, and a conviction against Sheikh Omar Abdul-Rahman for his role in the 1993 World Trade Center bombing (see July 3, 1993). He put together the first criminal indictment against Osama bin Laden. In 2003 he indicted former Illinois Republican governor George Ryan on fraud and conspiracy charges; in 2005, he indicted several aides of Chicago Democratic mayor Richard Daley on mail fraud. He brought charges of criminal fraud against Canadian media tycoon Conrad Black. As Plame Wilson will write, “Fitzgerald was not easily intimidated by wealth, status, or threats.”
'Belated Christmas Present' - In 2007, Plame Wilson will write: “It was a belated but welcome Christmas present. Ashcroft had clearly given some thought to his extensive financial and personal ties to Karl Rove, who even then was believed to have had a significant role in the leak, and made the right decision.” She will also add that several years after the recusal, she hears secondhand from a friend of Ashcroft’s that Ashcroft was “troubled” and “lost sleep” over the administration’s action. [Wilson, 2007, pp. 174-175]
Entity Tags: Valerie Plame Wilson, Karl C. Rove, US Department of Justice, John Dion, Patrick J. Fitzgerald, James B. Comey Jr., Bush administration (43), Charles Schumer, Howard Dean, George W. Bush, John Ashcroft
Timeline Tags: Niger Uranium and Plame Outing
Saddam Hussein in US custody. [Source: US Department of Defense]The FBI sends veteran interrogator George Piro to question captured Iraqi despot Saddam Hussein. Over a period of months, Piro uses a combination of friendliness, warmth, and verbal provocations to tease a wealth of information from Hussein. At no time does Piro or other FBI interrogators use “aggressive” or “harsh” interrogation methods against Hussein. Piro works closely with a team of FBI and CIA analysts to pore over Hussein’s responses. He will later recall his sessions with Hussein for CBS News interviewer Scott Pelley.
'Mr. Saddam' - Piro begins calling the dictator “Mr. Saddam,” as a sign of respect; by the end of their time, they are on a first-name basis with one another. Hussein never finds out that Piro is “just” an FBI agent; he believes that Piro is far more influential than he actually is, and is directly briefing President Bush on their conversations. “He didn’t know I worked for the FBI, he didn’t know I was a field agent,” Piro will recall. Had he found out, “I think initially he would have been angry. He would feel that I was way beneath him, and would not respond well to the interrogation. Or even to me.… I think he thought, and actually on a couple of occasions talked around the issue that I was directly answering to the president.” Piro will recall setting several strategies of deception into motion, including his barking orders at the guards to send them into a panic to obey his instructions. “[I]t was all part of our strategy,” Piro will explain.
Controlling the Dictator - Piro will say that he gained physical control of the setting—a small, windowless room with chairs and a table—merely by placing himself between Hussein and the door. “I purposely put his back against the wall,” Piro will recall. “And then mine against the door, psychologically to tell him that his back was against the wall in the interview room. And that I stood between him and the door, psychologically. Between him whether it’s to go back to his cell, freedom, whatever he was projecting to be outside of that door. I was kind of that psychological barrier between him and the door.” Piro will add, “I basically said that I was gonna be responsible for every aspect of his life, and that if he needed anything I was gonna be the person that he needed to talk to.” Piro controls Hussein’s food and cleaning materials—Piro will describe Hussein as a “clean freak” who uses large numbers of baby wipes to disinfect his cell and his food. Piro allows Hussein pen and paper to write what Piro will describe as inordinate amounts of “terrible” poetry. “We had the guards remove their watches,” Piro will recall. “And the only person that was wearing a watch was me. And it was very evident to him, ‘cause I was wearing the largest wristwatch you could imagine. And it was just the act of him asking for the time—was critical in our plan.” Pelley says, “So you controlled time itself,” and Piro answers, “Yes.”
No Coercive Interrogation Methods - Piro will say that no coercive interrogations, such as sleep deprivation, excessive heat or cold, bombardment with loud music, or waterboarding are ever used. “It’s against FBI policy, first,” Piro will explain. “And wouldn’t have really benefited us with someone like Saddam.… I think Saddam clearly had demonstrated over his legacy that he would not respond to threats, to any type of fear-based approach.” The best methods for use with Hussein are, according to Piro, time and patience.
Using Emotions to Create Vulnerability - Piro uses their time to build a relationship with Hussein based on dependency, trust, and emotion. He alternates between treating Hussein with courtesy and kindness, and provoking him with pictures and video images designed to anger and embarrass the former dictator. He uses pictures of the toppling of Hussein’s statues and news videos documenting his overthrow. “I wanted him to get angry. I wanted him to see those videos and to get angry,” Piro will say. “You want to take him through those various emotions. Happy, angry, sad. When you have someone going through those emotions they’re not able to really control themselves. And they’re more vulnerable during the interview.”
Insult Drove Kuwait Invasion - Piro learns that one of the driving forces behind Hussein’s invasion of Kuwait in 1990 (see August 2, 1990) was personal insult. “What really triggered it for him, according to Saddam, was he had sent his foreign minister to Kuwait to meet with the Emir Al Sabah, the former leader of Kuwait, to try to resolve some of the… issues” between Kuwait and Iraq, Piro will recall. “And the Emir told the foreign minister of Iraq that he would not stop doing what he was doing until he turned every Iraqi woman into a $10 prostitute. And that really sealed it for him, to invade Kuwait. He wanted to punish, he told me, Emir Al Sabah, for saying that.” The 1991 US invasion of Iraq (see January 16, 1991 and After) soured Hussein on then-President George H. W. Bush, a feeling that Hussein transferred to the son. “He didn’t like President [George W.] Bush,” Piro will say. “He would have liked meeting President Reagan. He thought he was a great leader. Honorable man. He liked President Clinton. But he did not like President Bush, the first or the current.”
Small Things, Big Impact - Piro will recall the outsized impact relatively small incidents have on Hussein. One night the FBI flies Hussein to a hospital. He is manacled and blindfolded. Piro will remember: “And once I saw how beautiful Baghdad was in the middle of the night, so I took advantage of it. I allowed him to look out and the lights were on. There was traffic. And it looked like any other major metropolitan city around the world. And for him to see that. And as I mentioned, you know, big Baghdad is moving forward without you. I mean, little things like that didn’t require a lot of suggestion on our part. It made its point.” Piro even uses Hussein’s birthday, a former national holiday, to drive home his point. “In 2004, no one celebrated his birthday on April 28th. So the only one that really knew and cared was us. I’d brought him some cookies, and we, the FBI, celebrated his birthday for him.” Piro gives Hussein packets of flower seeds and allows him to plant his own small garden, which he must tend with his hands because the FBI will not allow him to use tools. Piro will recall that their strolls in Hussein’s tiny garden are often the site of large revelations.
Avoiding Capture - Hussein tells Piro that US forces simply missed him during the first days of the invasion, the “shock and awe” assault. “He said that he was at one of the locations. He said it in a kind of a bragging fashion, that he was there, but that we missed him,” Piro later says. “He told me he changed the way he traveled. He got rid of his normal vehicles. He got rid of the protective detail he traveled with. Really just to change his signature so he would be much harder to identify.” And Hussein denies ever using body doubles or decoys, as US intelligence had long asserted.
WMD - Five months into the sessions, Hussein finally opens up to Piro regarding the subject of Iraq’s WMD programs. Using indirection, Piro begins to tease information out of Hussein. “He told me that most of the WMD had been destroyed by the UN inspectors in the ‘90s. And those that hadn’t been destroyed by the inspectors were unilaterally destroyed by Iraq,” Piro will recall. So why, Pelley will ask, did Hussein “put your nation at risk, why put your own life at risk to maintain this charade?” Piro will respond: “It was very important for him to project that because that was what kept him, in his mind, in power. That capability kept the Iranians away. It kept them from reinvading Iraq.” It is apparent, Piro says, that Hussein did not believe he could survive without the perception that he had WMD. But Piro confirms that Hussein always intended to restart his WMD program someday. “The folks that he needed to reconstitute his program are still there,” Piro will observe. “He wanted to pursue all of WMD. So he wanted to reconstitute his entire WMD program.”
Did Not Believe US Would Invade - From there, Hussein begins to explain why he let the US continue to believe he had such weapons even as troops began massing on his borders. He didn’t believe the US would actually invade, he says. As Piro will recall: “[H]e told me he initially miscalculated President Bush. And President Bush’s intentions. He thought the United States would retaliate with the same type of attack as we did in 1998 under Operation Desert Fox (see December 16-19, 1998). Which was a four-day aerial attack. So you expected that initially.” Hussein says that Iraq would have survived a relatively limited aerial bombardment. “He survived that once,” Piro will recall. “And then he was willing to accept that type of attack. That type of damage.” But he never believed the US would invade until almost the moment of the initial assault.
'The Secret War' - Hussein knew his military could not win in any confrontation with the US. Instead, as Piro will recall: “What he had asked of his military leaders and senior government officials was to give him two weeks. And at that point it would go into what he called the secret war.… Going from a conventional to an unconventional war.” Pelley will remark, “So the insurgency was part of his plan from the very beginning,” to which Piro will say, “Well, he would like to take credit for the insurgency.”
Iraq and al-Qaeda - Hussein confirms that his regime had no dealings with al-Qaeda, as many Bush officials have long believed. Hussein considered Osama bin Laden “a fanatic,” according to Piro. “You can’t really trust fanatics,” Hussein tells the interrogator. And he had no interest in any alliance with al-Qaeda. “He didn’t wanna be seen with bin Laden,” Piro will recall. “And didn’t want to associate with bin Laden.” Hussein viewed bin Laden as a threat to him and his regime.
Independent Confirmation and Praise for Piro's Efforts - Hussein’s claims are later verified by independent interrogations with other high-ranking Hussein regime officials. Piro’s boss, FBI Assistant Director Joe Persichini, will say that Piro’s interrogation is a high mark of the bureau’s recent efforts. “The FBI will be celebrating its 100th anniversary this year and I would have to say that the interview with Saddam Hussein is one of the top accomplishments of our agency in the last 100 years,” Persichini will say, and gives credit to Piro’s language skills. Only about 50 of the 10,000 FBI agents speak Arabic, he will note. Piro will credit his FBI and CIA colleagues for their work in analyzing Hussein’s statements, and their extensive knowledge of Hussein and his regime. “The more you know about your subject, the better of an interview… that you’re gonna conduct,” he will say. “You’ll be able to recognize inconsistencies, deception, things like that. Plus it really establishes your credibility within the interview.”
No Regrets - One thing Hussein never shows during his long interviews, Piro later recalls, is remorse. “No remorse,” Piro will say. “No regret.” [CBS News, 1/27/2008]
Entity Tags: George Herbert Walker Bush, Ronald Reagan, George Piro, George W. Bush, Jaber Al-Ahmad Al-Jaber Al-Sabah, Federal Bureau of Investigation, Central Intelligence Agency, Joe Persichini, CBS News, Saddam Hussein, Osama bin Laden, Scott Pelley, Al-Qaeda, William Jefferson (“Bill”) Clinton
Timeline Tags: Torture of US Captives, Iraq under US Occupation
The White House and the Justice Department are at odds over the legality of the National Security Agency’s “data mining” program, which involves the NSA combing through enormous electronic databases containing personal information about millions of US citizens, ostensibly for anti-terrorism purposes and often without court warrants (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, and Early 2002). Such data mining by the NSA potentially threatens citizens’ constitutional right to privacy. This clash between the White House and the Justice Department is one of the reasons that White House counsel Alberto Gonzales and chief of staff Andrew Card will try to pressure Attorney General John Ashcroft, while Ashcroft is recuperating from surgery, to reauthorize the NSA program over the objections of Deputy Attorney General James Comey. That attempt to force reauthorization over Justice Department complaints will result in the protest resignations of Ashcroft, Comey, and other Justice officials (see March 10-12, 2004). In 2007, Gonzales will deny that any such attempt to pressure Ashcroft to overrule Comey ever happened (see July 24, 2007), and will deny that there was any such dispute between the White House and Justice Department over the NSA program. Those denials will lead to calls to investigate Gonzales for perjury (see May 16, 2007). In late 2005, President Bush will admit, after the New York Times reveals the existence of the NSA warrantless wiretapping program (see Early 2002), that the program indeed exists, but will not acknowledge the data mining. Several current and former administration officials, interviewed by reporters in 2007, refuse to go into detail about the dispute between the White House and Justice Department, but say that it involves other issues along with the data mining. They will also refuse to explain what modifications to the surveillance program Bush will authorize to mollify Justice Department officials. Bush and his officials, including Gonzales, who will ascend to the position of attorney general in 2005, will repeatedly insist that he has the authority, both under the Constitution and under Congress’s authorization to use military force against terrorists passed after the 9/11 attacks (see September 14-18, 2001), to bypass the requirements for court warrants to monitor US citizens. Critics will say that such surveillance is illegal under the Foreign Intelligence Surveillance Act. [New York Times, 7/29/2007]
Domestic Surveillance Began Before 9/11? - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).
During President Bush’s visit to Louisiana, Governor Kathleen Blanco asks the president in a private conversation to include $50 million in his budget to begin construction work on the Louisiana Coastal Area (LCA) wetlands restoration project. She follows up with a formal letter outlining her request. [Associated Press, 2/3/2004]
Federal investigators working with special counsel Patrick Fitzgerald in the Plame Wilson identity leak investigation (see December 30, 2003) will ask White House officials to sign waivers freeing journalists from any pledges of confidentiality they may have granted during discussions about CIA official Valerie Plame Wilson. A senior administration official says that a number of top aides to President Bush will be asked to sign a one-page form giving permission for journalists to describe any such conversations to investigators, even if the journalists promised not to reveal the source. Bush’s promises of full cooperation will put “tremendous pressure” on the aides to comply, the official says. However, some investigators believe that many journalists will not respect such “blanket waivers,” and will refuse to reveal sources regardless of whether the White House aides sign them or not. The form reads that it is the wish of the White House official that “no member of the media assert any privilege or refuse to answer any questions” about the leak, according to a copy of the form obtained by the press. One aide sent a copy of the form is White House political strategist Karl Rove. [Washington Post, 1/2/2004] By January 5, Bush has not publicly stated that White House officials should, or should not, sign the waivers, according to press secretary Scott McClellan, who directs journalists to steer questions about the forms to the Justice Department. One unnamed government official is more forthcoming, however, calling the forms a “quintessential cover-your-rear-end” move by investigators. “It provides political cover, because you can say you tried everything, and this is a very politically charged environment,” the official says. “There’s no other value to it.” [Washington Post, 1/6/2004]
The Army Criminal Investigation Division (CID) agent who received the Abu Ghraib prison photographs from Spc. Joseph Darby (see January 13, 2004), calls his boss, a colonel, who takes them to Lt. Gen. Ricardo S. Sanchez. [Signal Newspaper, 7/4/2004] Within three days, a report on the photos makes its way to Donald Rumsfeld, who informs President Bush, though it is not clear exactly when Bush is informed (see Late January-Mid-March 2004). [New Yorker, 5/24/2004] Within the Pentagon, few people are informed—unusually few—according to Hersh, who will later write that knowledge of the abuses were “severely, and unusually restricted.” A former intelligence official will tell him: “I haven’t talked to anybody on the inside who knew; nowhere. It’s got them scratching their heads.” Rumsfeld and his civilian staff, Lt. Gen. Ricardo S. Sanchez and Gen. John P. Abizaid, reportedly try to suppress the issue during the first months of the year. “They foresaw major diplomatic problems,” according to a Pentagon official. [New Yorker, 5/17/2004] According to one former intelligence official, the Defense Secretary’s attitude is: “We’ve got a glitch in the program. We’ll prosecute it.” The former official explains to Seymour Hersh, “The cover story was that some kids got out of control.” [New Yorker, 5/24/2004]
George W. Bush gives the third state of the union address of his presidency. He states that the Iraq Survey Group found “weapons of mass destruction-related program activities” in Iraq and claims that had his administration “failed to act, the dictator’s weapons of mass destruction program would continue to this day.” [Los Angeles Times, 11/20/2005] Throughout his address, Bush plays down the WMD issue, which had driven his rhetoric before the invasion (see 9:01 pm January 28, 2003). Now he focuses on the “liberation” of Iraq. He also challenges those who, like Democratic presidential frontrunner John Kerry (D-MA), advocate using law enforcement methodologies over military methods to combat terrorism. “I know that some people question if America is really in a war at all,” he says. “After the chaos and carnage of September the 11th, it is not enough to serve our enemies with legal papers.” Author and media critic Frank Rich will later write that this speech is the opening salvo in the Republicans’ strategy of “characterizing political opponents as less manly than the Top Gun president.” [Rich, 2006, pp. 114]
Al-Qaeda leader Hassan Ghul is caught at the Iraq-Iran border. Details are sketchy, both about the arrest and Ghul himself, who has never been publicly mentioned before. Several days later, President Bush will say: “[L]ast week we made further progress in making America more secure when a fellow named Hassan Ghul was captured in Iraq. [He] reported directly to [9/11 mastermind] Khalid Shaikh Mohammed.… He was captured in Iraq, where he was helping al-Qaeda to put pressure on our troops.” [Washington Post, 1/27/2004] Ghul had been living in Pakistan, but the Pakistani government refused to arrest him, apparently because he was linked to a Pakistani military group supported by Pakistani intelligence (see (2002-January 23, 2004)). Pakistan is reportedly furious when it is told he has been arrested in Iraq. [Associated Press, 6/15/2011] US officials point to his arrest as proof that al-Qaeda is heavily involved in the resistance in Iraq. One official says that Ghul was “definitely in Iraq to promote an al-Qaeda, Islamic extremist agenda.” [Fox News, 1/24/2004] The 9/11 Commission will later claim: “Hassan Ghul was an important al-Qaeda travel facilitator who worked with [al-Qaeda leader] Abu Zubaida assisting Arab fighters traveling to Afghanistan. In 1999, Ghul and Zubaida opened a safe house under the cover of an import/export business in Islamabad [Pakistan]. In addition, at Zubaida’s request, Ghul also successfully raised money in Saudi Arabia.” [9/11 Commission, 8/21/2004, pp. 64 ] But despite acknowledgment from Bush that Ghul is in US custody, Ghul subsequently completely disappears, becoming a “ghost detainee.” Apparently, he will provide vital intelligence during US interrogation (see Shortly After January 23, 2004). The US will eventually transfer Ghul to Pakistani custody (see (Mid-2006)), and Pakistan will release him, allowing him to rejoin al-Qaeda (see (Mid-2007)).
David Kay, former head of the Iraq Survey Group, meets with President Bush, Dick Cheney, Condoleezza Rice, and Andrew Card. The day before (see January 28, 2004), Kay had told Congress, “We were almost all wrong” about intelligence on Iraq’s presumed arsenal of illegal weapons. Bush wants to know what went wrong, but shows no anger. “The president accepted it,” Kay later recalls. “There was no sign of disappointment from Bush. He was at peace with his decision to go to war. I don’t think he ever lost ten minutes of sleep over the failure to find WMDs.” [Isikoff and Corn, 2006, pp. 349]
According to journalist Seymour Hersh, “Within three days” of when army investigators are given photographs depicting Abu Ghraib prison abuse on January 13, 2004, “a report made its way to Donald Rumsfeld, who informed President Bush” (see January 13-16, 2004). [New Yorker, 5/24/2004] But Rumsfeld is vague in later public testimony about just when he first informs Bush. He suggests it could have been late January or early February. He explains that he routinely met with Bush “once or twice a week… and I don’t keep notes about what I do.” But he remembers that in mid-March, he and Joint Chiefs of Staff Chairman Gen. Richard Myers “meeting with the President and discussed the reports that we had obviously heard” about Abu Ghraib. But Hersh later comments that regardless of when Bush was first informed, “Bush made no known effort to forcefully address the treatment of prisoners before the scandal became public, or to reevaluate the training of military police and interrogators, or the practices of the task forces that he had authorized. Instead, Bush acquiesced in the prosecution of a few lower-level soldiers. The President’s failure to act decisively resonated through the military chain of command: aggressive prosecution of crimes against detainees was not conducive to a successful career.” [New Yorker, 6/17/2007]
After weapons inspector David Kay’s resignation (see January 23, 2004), the call to investigate the failure of intelligence surrounding the Iraq invasion reaches a fever pitch. White House press secretary Scott McClellan will later write: “[President] Bush and his advisers feared outside investigators. However, as momentum built for yet another independent probe, we saw the benefit of acting quickly and on our terms. Bush soon announced the creation of a bipartisan, independent commission to look into our intelligence on WMD, including Iraq (see March 8, 2005). Its members were appointed by the president, and its scope set by his team. It would not include looking at how the intelligence had been used to make the case for war. That was something Bush and his top advisers sought to avoid, concerned at a minimum—particularly in an election year—that it would prove politically fatal. They were willing to allow things to become more politicized, some considering it a battle that could be fought to a draw or even used to motivate the base, and believed that the short-term political cost could be minimized. In Bush’s mind, how the case for had been made scarcely mattered. What mattered now was the policy and showing success. The public tends to be more forgiving when the results are promising. If the policy was right and the selling of the policy could be justified at the time, then any difference between the two mattered little. In this view, governing successfully in Washington is about winning public opinion and getting positive results. To this day, the president seems unbothered by the disconnect between the chief rationale for war and the driving motivation behind it, and unconcerned about how the case was packaged.” [McClellan, 2008, pp. 202]
Police photo of Tom DeLay, after his 2005 indictment on election fraud charges. [Source: Mug Shot Alley]The co-founder and editor of the American Prospect, Robert Kuttner, subjects the 2002 House of Representatives to scrutiny, and concludes that under the rule of House Majority Leader Tom DeLay (R-TX), it is well on its way to becoming what he calls a “dictatorship.” Kuttner writes that such authoritarian rule in “the people’s chamber” of Congress puts the US “at risk of becoming an autocracy.” He explains: “First, Republican parliamentary gimmickry has emasculated legislative opposition in the House of Representatives (the Senate has other problems). [DeLay] has both intimidated moderate Republicans and reduced the minority party to window dressing.… Second, electoral rules have been rigged to make it increasingly difficult for the incumbent party to be ejected by the voters, absent a Depression-scale disaster, Watergate-class scandal, or Teddy Roosevelt-style ruling party split.… Third, the federal courts, which have slowed some executive branch efforts to destroy liberties, will be a complete rubber stamp if the right wins one more presidential election. Taken together, these several forces could well enable the Republicans to become the permanent party of autocratic government for at least a generation.” Kuttner elaborates on his rather sweeping warnings.
Legislative Dictatorship - The House, and to a lesser extent the Senate, used to have what was called a “de facto four-party system”: liberal Democrats; Southern “Dixiecrats” who, while maintaining their membership as Democrats largely due to lingering resentment of Republicans dating back to the Civil War, often vote with Republicans; conservative Republicans; and moderate-to-liberal “gypsy moth” Republicans, who might vote with either party. Rarely did one of the four elements gain long-term control of the House. Because of what Kuttner calls “shifting coalitions and weak party discipline,” the majority party was relatively respectful of the minority, with the minority free to call witnesses in hearings and offer amendments to legislation. In the House, that is no longer true. While the House leadership began centralizing under House Speaker Jim Wright (D-TX) between 1987 and 1989, the real coalescence of power began under Speaker Newt Gingrich (R-GA) between 1995 and 1999. The process, Kuttner asserts, has radically accelerated under DeLay and Speaker Dennis Hastert (R-IL).
Centralized Legislation - Under current practices, even most Republicans do not, as a rule, write legislation—that comes from DeLay and Hastert. Drastic revisions to bills are often rammed through late in the evening, with little or no debate. The Republican leadership has classified legislation as “emergency” measures 57 percent of the time, allowing them to be voted on with as little as 30 minutes of debate. Kuttner writes, “On several measures, members literally did not know what they were voting for.” Legislation written and proposed by Democrats rarely gets to the floor for debate. Amendments to legislation is also constrained, almost always coming from Hastert and DeLay. “[V]irtually all major bills now come to the floor with rules prohibiting amendments.” DeLay enforces rigid party loyalty, threatening Republican members who resist voting for the leadership’s bills with loss of committee assignments and critical campaign funds, and in some circumstances with DeLay’s sponsoring primary opponents to unseat the uncooperative member in the next election.
Democrats Shut out of Conferences - In the House, so-called “conference committees,” where members work to reconcile House and Senate versions of legislation, have become in essence one-party affairs. Only Democrats who might support the Republican version of the bill are allowed to attend. The conference committee then sends a non-amendable bill to the floor for a final vote.
No Hearings - The general assumption is that House members debate bills, sometimes to exhaustion, on the chamber floor. No more. Before DeLay, bills were almost never written in conference committees. Now, major legislation is often written in conference committee; House members often never see the legislation until it has been written in final, non-amendable form by DeLay and his chosen colleagues.
Abuse of Appropriations - Appropriations, or funding of events authorized by legislation, are ripe for use and misuse by the one-party leadership. Many appropriations bills must pass in order for Congress or other entities of the government to continue functioning. While “earmarks”—“pork-barrel” appropriations for individual members’ pet projects and such—are nothing new, under Gingrich and later Hastert/DeLay, the use of earmarks has skyrocketed. Huge earmarks are now routinely attached to mandatory appropriations bills. DeLay has perfected a technique known as “catch and release.” On close pending votes, the House Republican Whip Organization, made up of dozens of regional whips, will target the small but critical number of Republicans who might oppose the legislation. Head counts are taken; as members register (and change) their votes, some are forced to vote against their consciences (or their constituents) and others are allowed to vote no. Kuttner writes, “Basically, Republican moderates are allowed to take turns voting against bills they either oppose on principle or know to be unpopular in their districts.” This allows the member to save at least some face with their constituents. Under Wright, Republican members such as then-Representative Dick Cheney (R-WY) were outraged when Wright held a vote open for 15 minutes after voting was to end; Cheney called it “the most arrogant, heavy-handed abuse of power I’ve ever seen in the 10 years that I’ve been here.” It is not unusual for DeLay to hold votes open for up to three hours to get recalcitrant members in line. [American Prospect, 2/1/2004] In 2006, author John Dean will note that when the Republicans took control of the House in 1999, there were 1,439 earmarks in that year’s legislation. By the end of 2005, “there were a staggering 13,998 earmarked expenses, costing $27.3 billion.” Dean will write, “Needless to say, there is nothing conservative in those fiscal actions but there is much that is authoritarian about the wanton spending by those Republicans.” [Dean, 2006]
Lack of Opposition - Kuttner notes that Congressional Democrats have not mounted a systematic, organized denunciation of the DeLay operation. Kuttner believes that many Democrats believe voters are uninterested in what they call “process issues,” and that voters will dismiss complaints as “inside baseball,” of little relevance to their lives. Worse, such complaints “make… us look weak,” as one senior House staffer says. Kuttner writes that many Democrats believe such complaints sound “like losers whining.”
Permanent Republican Majority - If DeLay and his confreres in the White House have their way, there will be, in essence, a permanent Republican majority in the House and hopefully in the Senate as well. Bill Clinton routinely practiced what he called bipartisan “triangulation,” building ad hoc coalitions of Democrats and Republicans to pass his legislative initiatives, and in the process weakening the Democratic leadership. Kuttner writes, “Bush’s presidency, by contrast, has produced a near parliamentary government, based on intense party discipline both within Congress and between Congress and the White House.” Republicans have been busy reworking the district maps of various key states to ensure that Republicans keep their majorities, concentrating perceived Democratic voters to have overwhelming majorities in a few districts, and leaving the Republicans holding smaller majorities in the rest. Both parties have been guilty of such “gerrymandering” in the past, but with DeLay’s recent “super-gerrymandering” of his home state of Texas, the Republican makeup of the Texas House delegation is all but assured. DeLay and other House Republicans are working to redistrict other states in similar fashions. As of the 2004 midterm elections, of the 435 House seats, only around 25 are considered effectively contestable—over 90 percent of the House seats are “safe.” Democrats would have to win a disproportionate, and unlikely, number of those “swing” seats to take back control of the House. Kuttner writes: “The country may be narrowly divided, but precious few citizens can make their votes for Congress count. A slender majority, defying gravity (and democracy), is producing not moderation but a shift to the extremes.”
Control of Voting - Kuttner cites the advent of electronic voting machines and the Help America Vote Act (HAVA) as two reasons why Republicans will continue to have advantages at the voting booth. The three biggest manufacturers of electronic voting machines have deep financial ties to the Republican Party, and have joined with Republicans in opposing a so-called “verifiable paper trail” that could prove miscounts and possible fraudulent results. HAVA, written in response to the 2000 Florida debacle, requires that voters show government-issued IDs to be allowed to vote, a provision that Kuttner says is ripe for use in Republican voter-intimidation schemes. Republicans “have a long and sordid history of ‘ballot security’ programs intended to intimidate minority voters by threatening them with criminal prosecution if their papers are not technically in order,” he writes. “Many civil rights groups see the new federal ID provision of HAVA as an invitation to more such harassment.” The only recourse that voters have to such harassment is to file complaints with the Department of Justice, which, under the aegis of Attorney General John Ashcroft, has discouraged investigation of such claims.
Compliant Court System - Increasingly, federal courts with Republican-appointed judges on the bench have worked closely with Republicans in Congress and the White House to issue rulings favorable to the ruling party. Kuttner notes that if President Bush is re-elected: “a Republican president will have controlled judicial appointments for 20 of the 28 years from 1981 to 2008. And Bush, in contrast to both his father and Clinton, is appointing increasingly extremist judges. By the end of a second term, he would likely have appointed at least three more Supreme Court justices in the mold of Antonin Scalia and Clarence Thomas, and locked in militantly conservative majorities in every federal appellate circuit.” The Supreme Court is already close to becoming “a partisan rubber stamp for contested elections,” Kuttner writes; several more justices in the mold of Justices Antonin Scalia (see September 26, 1986) and Clarence Thomas (see October 13, 1991) would, Kuttner writes, “narrow rights and liberties, including the rights of criminal suspects, the right to vote, disability rights, and sexual privacy and reproductive choice. It would countenance an unprecedented expansion of police powers, and a reversal of the protection of the rights of women, gays, and racial, religious, and ethnic minorities. [It would] overturn countless protections of the environment, workers and consumers, as well as weaken guarantees of the separation of church and state, privacy, and the right of states or Congress to regulate in the public interest.” [American Prospect, 2/1/2004]
Entity Tags: George W. Bush, Democratic Party, Dennis Hastert, Clarence Thomas, Antonin Scalia, Tom DeLay, Robert Kuttner, William Jefferson (“Bill”) Clinton, Republican Party, John Ashcroft, Richard (“Dick”) Cheney, House Republican Whip Organization, James C. (‘Jim’) Wright, Jr., John Dean, Newt Gingrich, Help America Vote Act
Timeline Tags: Civil Liberties
Governor Kathleen Blanco says in response to the release of President Bush’s 2005 budget (see February 2, 2004): “While I am pleased to see that President Bush included some money in his executive budget to address coastal restoration in Louisiana, I must say I am disappointed that the $8 million he proposed is less than one-sixth of what I had requested. We need immediate help… to protect our state and our nation from the continued degradation of the area we call America’s Wetland.”
[Associated Press, 2/3/2004]
Former Vice President Al Gore gives a keynote address to a conference at the New School of New York City on the topic, “The Politics of Fear.” [Social Research: An International Quarterly of the Social Sciences, 2/2004] In his address, Gore notes the success that the Bush administration has had in preying on the fears of the American public. “Fear was activated on September 11 in all of us to a greater or lesser degree,” he says. “And because it was difficult to modulate or to change in particular specifics, it was exploitable for a variety of purposes unrelated to the initial cause of the fear. When the president of the United States stood before the people of this nation—in the same speech in which he used the forged document (see Mid-January 2003 and 9:01 pm January 28, 2003)—he asked the nation to ‘imagine’ how fearful it would feel if Saddam Hussein gave a nuclear weapon to terrorists who then exploded it in our country. Because the nation had been subjected to the fearful, tragic, cruel attack of 9/11, when our president asked us to imagine with him a new fear, it was easy enough to bypass the reasoning process, and short-circuit the normal discourse that takes place in a healthy democracy with a give-and-take among people who could say, ‘Wait a minute, Mr. President. Where’s your evidence? There is no connection between Osama bin Laden and Saddam Hussein.’ At one point, President Bush actually said, ‘You can’t distinguish between Saddam Hussein and Osama bin Laden’ (see September 25, 2002). He actually said that.” Gore says that for a time even he had trusted Bush to do the right thing, but Bush had abused the trust he and the American people had in him. In 2006, author and former White House counsel John Dean will write in conjunction with Gore’s address: “In short, fear takes reasoning out of the decision-making process, which our history has shown us often enough can have dangerous and long-lasting consequences. If Americans cannot engage in analytical thinking as a result of Republicans’ using fear for their own political purposes, we are all in serious trouble.” [Social Research: An International Quarterly of the Social Sciences, 2/2004; Dean, 2006, pp. 178-179]
White House press secretary Scott McClellan testifies before the grand jury investigating the Plame Wilson leak. He is quizzed before some 35 or 40 jurors by prosecutor Peter Zeidenberg. Most of the questions are reiterations of those asked in earlier interviews (see Mid-October 2003, Late October or Early November, 2003, and January 2004), but Zeidenberg asks some that have not yet been asked. One question is whether McClellan had told National Security Adviser Condoleezza Rice to say that White House political adviser Karl Rove was not involved in the leak before her September 28 appearance on Meet the Press. Though Rice had not specifically discussed the leak on that broadcast, McClellan recalls briefing her on a number of issues. He cannot recall, he testifies, whether he discussed the subject of the leak with Rice or not, and tells Zeidenberg that he probably told her what he said publicly (see September 29, 2003), and to refer back to that if pressed. McClellan is startled when Zeidenberg asks him bluntly whether President Bush had told him in the Oval Office that Rove had denied to him any involvement in the leak. McClellan knows that Bush has not yet testified, but chief of staff Andrew Card has, and Card most likely revealed Bush’s comments. McClellan will later write: “Knowing the president’s preference that his private conversations remain private, I hesitated momentarily [in answering the question]. But this was different. A frog in my throat, I managed to confirm that the president had indeed made such a statement.” [McClellan, 2008, pp. 225-227] Days after McClellan’s testimony, someone the Washington Post identifies as “a source close to the investigation” will say that McClellan and other White House witnesses are asked about cell phone calls, and shown handwritten, diary-style notes from colleagues and e-mails from reporters to administration officials. The source will say the questioning of McClellan and others is often quite aggressive, with agents focusing on specific conversations with journalists. “Even witnesses that they describe as being potentially helpful are being treated as adversaries,” the source will say. [Washington Post, 2/10/2004]
Former White House press official Adam Levine testifies before the federal grand jury investigating the Plame Wilson identity leak. Levine, who is not suspected of leaking Valerie Plame Wilson’s name to the press, is asked about White House public relations strategies. [Washington Post, 2/10/2004] Sources later say that Levine may have been asked to testify because between July 7 and July 12, 2003, White House press secretary Ari Fleischer and White House communications director Dan Bartlett were in Africa with President Bush, and deputy press secretary Scott McClellan was on vacation, leaving Levine in charge of press relations during that period [Fox News, 2/11/2004] , and thus one of the few press officials to field telephone calls from reporters during that time. His testimony is described as “brief” and non-confrontational. Levine has spoken with FBI agents on several occasions as a part of the investigation. [CNN, 2/10/2004]
President Bush gives a rare interview to a television show, NBC’s Meet the Press. Bush holds the interview, conducted by Tim Russert, in the Oval Office. [CNN, 2/9/2004]
Admits Iraq Had No WMD - Bush concedes that Iraq did not possess weapons of mass destruction, but defends his decision to invade it, saying, “Saddam Hussein was dangerous, and I’m not just going to leave him in power and trust a madman.” He admits, “I expected to find the weapons.” He continues, “I’m sitting behind this desk, making a very difficult decision of war and peace, and I based my decision on the best intelligence possible, intelligence that had been gathered over the years, intelligence that not only our analysts thought was valid but analysts from other countries thought were valid.” And Iraq “had the ability to make weapons at the very minimum.” But even without proof of Iraqi WMD, Bush says the stakes were so high that “it is essential that when we see a threat, we deal with those threats before they become imminent.” Inaction in Iraq “would have emboldened Saddam Hussein. He could have developed a nuclear weapon over time.” Bush seems surprised when Russert asks if American soldiers had in fact been welcomed as “liberators” in Iraq, as some in his administration had predicted. “I think we are welcomed in Iraq,” he says. “I’m not exactly sure, given the tone of your questions, we’re not.” Resistance there is not surprising, Bush says, because “there are people who desperately want to stop the advance of freedom and democracy.” [NBC News, 2/8/2004; McClellan, 2008, pp. 202-203]
'War of Choice or War of Necessity?' - Russert continues to ask about the choice to invade Iraq, and at one point asks Bush whether it was a “war of choice or a war of necessity?” Bush responds: “That’s an interesting question. Please elaborate on that a little bit. A war of choice or a war of necessity? It’s a war of necessity. In my judgment, we had no choice, when we look at the intelligence I looked at, that says the man was a threat.” In 2008, current White House press secretary Scott McClellan will write that Bush asks him about the question after the interview, and that Bush was “puzzled” by the question. “This, too, puzzled me,” McClellan will write. “Surely this distinction between a necessary, unavoidable war and a war that the United States could have avoided but chose to wage, was an obvious one that Bush must have thought about a lot in the months before the invasion. Evidently it wasn’t obvious to the president, nor did his national security team make sure it was. He set the policy early on and then his team focused his attention on how to sell it. It strikes me today as an indication of his lack of inquisitiveness and his detrimental resistance to reflection, something his advisers needed to compensate for better than they did. Most objective observers today would say that in 2003 there was no urgent need to address the threat posed by Saddam with a large-scale invasion, and therefore the war was not necessary. But this is a question President Bush seems not to want to grapple with.” [NBC News, 2/8/2004; McClellan, 2008, pp. 202-203]
Bush Says Congress Saw Same Intelligence He Did - Asked whether Congress would have authorized the invasion (see October 10, 2002) if he had explained that, while Iraq may not have possessed WMD, Hussein should be removed because he was a threat to his people, Bush replies, “I went to Congress with the same intelligence Congress saw—the same intelligence I had, and they looked at exactly what I looked at, and they made an informed judgment based upon the information that I had.” Two of Bush’s presidential rivals dispute Bush’s assertion. Senator John Edwards (D-NC) says Bush’s statement that Congress saw the same intelligence information as he did is a “big leap.” Edwards adds: “I’m not certain that’s true. I know the president of the United States receives a different set of information than we receive on the Senate Intelligence Committee, and he receives more information, which he should.” And front-runner Senator John Kerry (D-MA) accuses Bush of backpedaling on the messages he gave Americans to justify going to war. “George Bush needs to take responsibility for his actions and set the record straight,” he says. “That’s the very least that Americans should be able to expect. Either he believed Saddam Hussein had chemical weapons, or he didn’t. Americans need to be able to trust their president, and they deserve the truth.” [New York Times, 2/8/2004; NBC News, 2/8/2004; CNN, 2/9/2004]
Confident of Winning Re-Election - Bush tells Russert that he is confident he will win re-election: “I don’t intend to lose.… I know exactly where I want to lead the country. I have shown the American people I can lead.… I want to lead this world to more peace and freedom.” [New York Times, 2/8/2004; NBC News, 2/8/2004; CNN, 2/9/2004]
Defends Economic Policies - Bush defends his economic policies, and says that even though under his watch the US has run up a $521 billion deficit and lost 2.2 million jobs, his administration’s policies are more restrained and fiscally sound than those of his predecessor. “I have been the president during a time of tremendous stress on our economy and made the decisions necessary to lead that would enhance recovery,” he says. “The stock market started to decline in March of 2000. That was the first sign that things were troubled. The recession started upon my arrival.” Conservative critics of his administration’s spending, including the Heritage Foundation and radio talk show host Rush Limbaugh, are “wrong,” he says. “If you look at the appropriations bills that were passed under my watch, in the last year of President Clinton, discretionary spending was up 15 percent, and ours have steadily declined. The other thing that I think it’s important for people who watch the expenditures side of the equation is to understand we are at war… and any time you commit your troops into harm’s way, they must have the best equipment, the best training, and the best possible pay.” [NBC News, 2/8/2004; CNN, 2/9/2004]
The US Forest Service reverses its ban on poisoning prairie dogs on five national grasslands in South Dakota, North Dakota, Nebraska, and Wyoming. The measure is a response to complaints from the livestock industry that prairie dog populations are spreading from federal lands onto private property, ruining grazing land, causing erosion and damaging roads. Critics of the decision to lift the ban note that in 2000, the US Fish and Wildlife Service had concluded that prairie dogs should be listed as a threatened species. [Associated Press, 2/14/2004]
Aerial view of Los Alamos test site. [Source: DefenseTech.org]Rich Levernier, a specialist with the Department of Energy (DOE) for 22 years, spent over six years before the 9/11 attacks running nuclear war games for the US government. In a Vanity Fair article, Levernier reveals what he shows to be critical weaknesses in security for US nuclear plants. Levernier’s special focus was the Los Alamos Nuclear Laboratory and nine other major nuclear facilities. The Los Alamos facility is the US’s main storage plant for processing plutonium and obsolete (but still effective) nuclear weapons. Levernier’s main concern was terrorist attacks. Levernier’s procedure was to, once a year, stage a mock terrorist attack using US military commandos to assault Los Alamos and the other nuclear weapons facilities, with both sides using harmless laser weapons to simulate live fire. Levernier’s squads were ordered to penetrate a given weapons facility, capture its plutonium or highly enriched uranium, and escape. The facilities’ security forces were tasked to repel the mock attacks.
Multiple Failures - Levernier is going public with the results of his staged attacks, and the results are, in the words of Vanity Fair reporter Mark Hertsgaard, “alarming.” Some facilities failed every single test. Los Alamos fell victim to the mock attacks over 50 percent of the time, with Levernier’s commandos getting in and out with the goods without firing a shot—they never encountered a guard. And this came when security forces were told months in advance exactly what day the assaults would take place. Levernier calls the nuclear facilities’ security nothing more than “smoke and mirrors.… On paper, it looks good, but in reality, it’s not. There are lots of shiny gates and guards and razor wire out front. But go around back and there are gaping holes in the fence, the sensors don’t work, and it just ain’t as impressive as it appears.” The Los Alamos facility houses 2.7 metric tons of plutonium and 3.2 metric tons of highly enriched uranium; experts say that a crude nuclear device could be created using just 11 pounds of plutonium or 45 pounds of highly enriched uranium. Arjun Makhijani, the head of the Institute for Energy and Environmental Research, says the most dangerous problem exposed by Levernier is the possibility of terrorists stealing plutonium from Los Alamos. It would be a relatively simple matter to construct a so-called “dirty bomb” that could devastate an American city. Even a terrorist attack that set off a “plutonium fire” could result in hundreds of cancer deaths and leave hundreds of square miles uninhabitable.
Involuntary Whistleblower - Levernier is not comfortable about being a whistleblower, and until now has never spoken to the press or Congress about his experiences. He finds himself coming forward now because, after spending six years trying unsuccessfully to persuade his bosses at the DOE to address the problems, they refused to even acknowledge that a problem existed. Shortly before he spoke to Hertsgaard, he was fired for a minor infraction and stripped of his security clearance, two years before he was due to retire with a full pension. He has filed a lawsuit against the DOE, charging that he was illegally gagged and improperly fired. He is speaking out, he says, in the hopes of helping prevent a catastrophic terrorist attack against the US that is entirely preventable. Levonier asserts that the Bush administration is doing little more than talking tough about nuclear security (see February 15, 2004). [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]
Rich Levernier, a specialist with the Department of Energy (DOE) for 22 years who spent over six years before the 9/11 attacks running nuclear war games for the US government, says that the Bush administration has done little more than talk about securing the nation’s nuclear facilities from terrorist attacks. If Levernier and his team of experts (see February 15, 2004) are correct in their assessments, the administration is actually doing virtually nothing to protect the US’s nuclear weapons facilities, which certainly top any terrorist’s wish list of targets. Instead of addressing the enormous security problems at these facilities, it is persecuting whistleblowers like Levernier. Indeed, the administration denies a danger even exists. “Any implication that there is a 50 percent failure rate on security tests at our nuclear weapons sites is not true,” says Anson Franklin, a spokesman for the National Nuclear Security Administration (NNSA), a DOE agency that oversees the US’s nuclear weapons complex. “Our facilities are not vulnerable.”
Too Strict Grading? - James Ford, who is retired, was Levernier’s direct DOE supervisor in the late 1990s. He says that while Levernier was a talented and committed employee, the results he claims from his mock terror attacks are skewed because of what Ford calls Levernier’s too-strict approach to grading the performance of the nuclear facilities’ security personnel. Ford says that Levernier liked to focus on one particular area, the Technical Area-18 facility, at the Los Alamos nuclear facility in New Mexico, though the site is essentially indefensible, located at the bottom of a canyon and surrounded on three sides by steep, wooded ridges that afforded potential attackers excellent cover and the advantage of high ground.
Complaints of 'Strict Grading' Baseless, Squad Commander Says - “My guys were licking their chops when they saw that terrain,” says Ronald Timms, who commanded mock terrorist squads under Levernier’s supervision. Timms, now the head of RETA Security, which participated in many DOE war games and designed the National Park Service’s security plans for Mount Rushmore, says Ford’s complaint is groundless: “To say it’s unfair to go after the weak link is so perverse, it’s ridiculous. Of course the bad guys are going to go after the weakest link. That’s why [DOE] isn’t supposed to have weak links at those facilities.” In one such attack Timms recalls, Levernier’s forces added insult to injury by hauling away the stolen weapons-grade nuclear material in a Home Depot garden cart. The then-Secretary of Energy, Bill Richardson, ordered the weapons-grade material at TA-18 to be removed to the Nevada Test Site by 2003. That has not happened yet, and is not expected to happen until 2006 at the earliest.
Rules of Engagement - The failure rates are even harder to understand considering the fact that the rules of engagement are heavily slanted in favor of the defense. A real terrorist attack would certainly be a surprise, but the dates of the war games were announced months in advance, within an eight-hour window. Attackers were not allowed to use grenades, body armor, or helicopters. They were not allowed to use publicly available radio jamming devices. “DOE wouldn’t let me use that stuff, because it doesn’t have a defense against it,” Levernier says. His teams were required, for safety reasons, to obey 25 MPH speed limits. Perhaps the biggest flaw in the DOE’s war games, Levernier says, is that they don’t allow for suicide bombers. The games required Levernier’s teams to steal weapons-grade nuclear material and escape. It is likely, though, that attackers would enter the facility, secure the materials, and detonate their own explosives. DOE did not order nuclear facilities to prepare for such attacks until May 2003, and the policy change does not take effect until 2009. Levernier notes that three of the nation’s nuclear weapons facilities did relatively well against mock attacks: the Argonne National Laboratory-West in Idaho, the Pantex plant in Texas, and the Savannah River Site in South Carolina.
Bureaucratic, Political Resistance - So why, asks Vanity Fair journalist Mark Hertsgaard, doesn’t the Bush administration insist on similar vigilance throughout the entire nuclear complex? They “just don’t think [a catastrophic attack] will happen,” Levernier replies. “And nobody wants to say we can’t protect these nuclear weapons, because the political fallout would be so great that there would be no chance to keep the system running.” The DOE bureaucracy is more interested in the appearance of proper oversight than the reality, says Tom Devine, the lawyer who represents both Levernier and other whistleblowers. “Partly that’s about saving face. To admit that a whistleblower’s charges are right would reflect poorly on the bureaucracy’s competence. And fixing the problems that whistleblowers identify would often mean diverting funds that bureaucrats would rather use for other purposes, like empire building. But the main reason bureaucrats have no tolerance for dissent is that taking whistleblowers’ charges seriously would require them to stand up to the regulated industry, and that’s not in most bureaucrats’ nature, whether the industry is the nuclear weapons complex or the airlines.”
Stiff Resistance from Bush Administration - Devine acknowledges that both of his clients’ troubles began under the Clinton administration and continued under Bush, but, Devine says, the Bush administration is particularly unsympathetic to whistleblowers because it is ideologically disposed against government regulation in general. “I don’t think President Bush or other senior officials in this administration want another September 11th,” says Devine, “but their anti-government ideology gets in the way of fixing the problems Levenier and [others] are talking about. The security failures in the nuclear weapons complex and the civil aviation system are failures of government regulation. The Bush people don’t believe in government regulation in the first place, so they’re not inclined to expend the time and energy needed to take these problems seriously. And then they go around boasting that they’re winning the war on terrorism. The hypocrisy is pretty outrageous.” [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]
Entity Tags: Bush administration (43), George W. Bush, Rich Levernier, RETA Security, National Nuclear Security Administration, James Ford, Bill Richardson, Anson Franklin, National Park Service (NPS), Ronald Timms, Mark Hertsgaard, Tom Devine, Vanity Fair, US Department of Energy, Los Alamos National Laboratory
Timeline Tags: Complete 911 Timeline
Katharine Gun, who leaked an NSA memo to the British press in February 2003 that revealed the existence of an elaborate US plan to “bug” UN delegates (see January 31, 2003), is arrested and charged with violating the Official Secrets Act for giving a copy of the memo to the press. Gun was a translator for British intelligence, who worked at the Government Communications Headquarters (GCHQ) before losing her job over the leak in June. Gun does not dispute leaking the memo, instead calling it “justified.” Any leaks she made exposed “serious illegality and wrongdoing on the part of the US Government,” she says, and were made to prevent “wide-scale death and casualties among ordinary Iraqi people and UK forces.” [BBC, 11/13/2003] Gun has had the support of a wide array of antiwar and civil rights activists, led in the US by actor Sean Penn and activist Jesse Jackson, who signed a statement shortly before her court appearance praising her as a whistleblower. [Observer, 1/18/2004] The British government decides to drop the charges against her. No official explanation for this is forthcoming, though it may have been precipitated by the defense’s intent to argue that Gun leaked to the media in order to save lives from being lost in a war, an argument that would cause political damage to the government. Liberty spokeswoman Shami Chakrabarti says the decision to charge Gun may itself have been politically motivated, perhaps to cow future whistleblowers, and observes, “One wonders whether disclosure in this criminal trial might have been a little too embarrassing.” Sir Menzies Campbell, the Liberal Democrats’ foreign affairs spokesman, says the reason for dropping the charges might be to keep the Attorney General’s legal advice for war with Iraq a secret. Prosecutor Mark Ellison merely tells the court, “There is no longer sufficient evidence for a realistic prospect of conviction. It would not be appropriate to go into the reasons for this decision.” The only thing needed for a successful prosecution under the Official Secrets Act is for the prosecution to show that Gun is covered by the act, which she is, and that she revealed information covered by the Act, which she has admitted. Gun’s lawyer, James Webb, calls the prosecution’s excuse “rather lame.” [BBC, 11/13/2003; Evening Standard, 2/25/2004] Gun says that leaking the NSA memo was “necessary to prevent an illegal war in which thousands of Iraqi civilians and British soldiers would be killed or maimed.… I have only ever followed my conscience.” [ZNet, 12/28/2005] A month before the court proceedings, the New York Times’s Bob Herbert writes in defense of Gun, “We are not talking about a big-time criminal here. We are not talking about someone who would undermine the democratic principles that George W. Bush and Tony Blair babble about so incessantly, and self-righteously, even as they are trampling on them. Ms. Gun is someone who believes deeply in those principles and was willing to take a courageous step in support of her beliefs. She hoped that her actions would help save lives. She thought at the time that if the Security Council did not vote in favor of an invasion, the United States and Britain might not launch the war.” [New York Times, 1/19/2004] And just days before the court proceedings begin, liberal columnist Molly Ivins wrote, “…Gun may be sentenced to prison for doing precisely what we all hope every government employee will try to do: Prevent the government from committing an illegal and immoral act. Some dare call it patriotism.” [AlterNet, 2/18/2004]
Entity Tags: Katherine Gun, Jesse Jackson, Government Communications Headquarters, George W. Bush, Bob Herbert, James Webb, Tony Blair, United Nations, Sean Penn, Molly Ivins, National Security Agency, Walter Menzies Campbell, New York Times, Mark Ellison, Shami Chakrabarti, Liberty
Timeline Tags: Events Leading to Iraq Invasion
US President George Bush announces that the US is sending US forces to Haiti to help stabilize the country. [Reuters, 3/1/2004]
Sam Francis, a white supremacist and syndicated columnist (see September 1995), excoriates President Bush’s “pretense” of support for a constitutional amendment outlawing gay marriage. Bush, Francis writes, “fooled most conservatives once in 2000. What he is doing now is trying to fool them again.” Republicans will never force any such amendment through, Francis writes, nor do they truly wish to. “Why do conservatives propose them or endorse them?” he asks. “Republicans peddle this constant stream of amendments because they know very well they will never go anywhere, that they will never be called on to vote on them or work for them, and that in the meantime the grassroots constituents who demand them will be placated by the simple rhetoric that ‘endorses’ or supports them. Amending the Constitution to correct flaws conservative politicians are unwilling to confront in serious ways is a cheap and easy way to make everybody happy and make sure nothing is done.” Francis is staunchly in favor of such an amendment, writing: “In the case of homosexual ‘marriages,’ I have no problem in refusing to recognize them as real or legal. Persons of the same sex can no more marry each other than dogs and cats can become congressmen, but since the whole purpose of the movement for ‘gay marriage’ is to subvert cultural institutions and normalize the abnormal, there’s not much point in arguing about it. Either you get it and oppose ‘gay marriage’ or you don’t and support it.” Instead of trying and failing to amend the Constitution, Francis writes that Congress should use the Constitution to limit the powers of the federal courts and thereby “forbid the [Supreme] Court even to hear, much less rule on, let us say, cases involving the marriage of persons of the same sex. Or cases involving capital punishment. Or cases involving flag burning. Or cases involving whatever the Congress decides to forbid the Nameless Nine from spending their vast intellectual resources and spiritual energies upon. With a stroke of the Congressional pen, ‘judicial activism’ could be ended, and it could have been ended decades ago, had conservatives been at all serious about what they claim to be serious about. If Congress ever did use its powers to curtail judicial misrule, the judges would get the message, and those who didn’t would find themselves in trouble.” Francis’s columns are provided to a national audience by Creators Syndicate. [VDare (.com), 3/1/2004]
John Kerry speaks at a February 2004 town hall event. [Source: Jim Bourg / Reuters]At a town hall event in Florida, Democratic presidential candidate John Kerry reportedly says, “I’ve met foreign leaders who can’t go out and say it all publicly, but boy, they look at you and say, you gotta win this, you gotta beat this guy [President Bush], we need a new policy, things like that.” White House officials and conservative pundits immediately attack Kerry for his remarks, with Secretary of State Colin Powell telling a Fox News audience: “I don’t know what foreign leaders Senator Kerry is talking about. It’s an easy charge, an easy assertion to make, but if he feels that’s [an] important assertion to make, he ought to list names. If he can’t list names, then perhaps he ought to find something else to talk about.” The White House issues a statement saying: “If Senator Kerry is going to say he has support from foreign leaders, he needs to be straightforward with the American people and state who they are.… Or the only conclusion one can draw is he’s making it up to attack the president.” Bush himself says, “If you’re going to make an accusation in the course of a presidential campaign, you ought to back it up with facts.” Over a week after Kerry’s remarks are published, the pool reporter who reported the original remark, Patrick Healey of the Boston Globe, reports that Kerry did not say “foreign leaders,” but “more leaders” (see March 15, 2004). The correction does little to blunt the criticism of Kerry, who does not directly challenge the assertion, but calls his choice of words “inartful.” In 2008, authors Kathleen Hall Jamieson and Joseph N. Cappella will note: “Had this journalistic blunder created a firestorm of controversy around a Republican Party nominee, the conservative opinion leaders would have minimized the damage to their candidate by crying ‘media bias.’ The Democrats didn’t have a comparable argument in their arsenal.” [Boston Globe, 3/15/2004; Associated Press, 3/15/2004; Fox News, 3/16/2004; Jamieson and Cappella, 2008, pp. 4-5]
Attorney General John Ashcroft is visited by a squad of top White House and Justice Department officials just hours after Ashcroft underwent emergency surgery for severe, acute pancreatis, and is still recuperating in intensive care. The White House officials attempt to persuade the barely lucid Ashcroft to give his formal approval for the secret National Security Agency warrantless wiretapping surveillance program (see Early 2002), which requires the Justice Department to periodically review and approve it. [National Public Radio, 5/15/2007; Washington Post, 5/16/2007; Washington Post, 6/7/2007; Associated Press, 6/7/2007]
Comey, Goldsmith Rush to Head Off Aides - Deputy Attorney General James Comey testifies to the incident before the Senate Judiciary Committee over three years later (see May 15, 2007). Comey will recall that he and Ashcroft had decided not to recertify the surveillance program due to their concerns over its legality and its lack of oversight. On March 9, Ashcroft was rushed to the hospital with severe pancreatis. As per Justice Department procedures, Comey became acting attorney general for the duration of Ashcroft’s incapacity. The next night, just hours after Ashcroft underwent emergency surgery for the removal of his gallbladder, Comey receives an urgent phone call from Ashcroft’s aide, David Ayres, who himself has just spoken with Ashcroft’s wife Janet. Ayres tells Comey that White House counsel Alberto Gonzales and White House chief of staff Andrew Card are en route to Ashcroft’s hospital room to pressure Ashcroft to sign off on the program recertification. A furious Comey telephones FBI director Robert Mueller, and the two, accompanied by aides, race separately through the Washington, DC streets with sirens wailing to reach Ashcroft’s hospital room; they beat Gonzales and Card to the room by a matter of minutes. “I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that,” Comey will testify, and will add that to him, Ashcroft appears “pretty bad off.” En route, Mueller instructs the security detail protecting Ashcroft not to allow Card or Gonzales to eject Comey from the hospital room. Card and Gonzales enter just minutes later. [Washington Post, 5/16/2007; PBS, 5/16/2007] “And it was only a matter of minutes that the door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card,” Comey will testify. “They came over and stood by the bed, greeted the attorney general very briefly, and then Mr. Gonzales began to discuss why they were there—to seek his approval for a matter.” [National Public Radio, 5/15/2007] Gonzales is holding an envelope containing an executive order from Bush. He tells Ashcroft that he needs to sign off on the order, thereby giving the wiretapping program Justice Department authorization to continue unabated. Comey will testify that Ashcroft “lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me. [Ashcroft then adds] ‘But that doesn’t matter, because I’m not the attorney general. There is the attorney general,’” pointing at Comey. Gonzales and Card leave the room without ever acknowledging Comey’s presence. “I was angry,” Comey will recall. “I thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me.” [Washington Post, 5/16/2007; Washington Post, 6/7/2007] “That night was probably the most difficult night of my professional life, so it’s not something I forget,” Comey will testify. [PBS, 5/16/2007] Goldsmith is also in the room; like Comey, Goldsmith receives a phone call alerting him to Gonzales’s and Card’s visit, and like Comey, Goldsmith races through the Washington streets to arrive at Ashcroft’s room minutes before Gonzales and Card arrive. He, too, is astonished at the brazen, callous approach taken by the two White House officials against Ashcroft, who he describes as laying in his darkened hospital room, with a bright light shining on him and tubes and wires protruding from his body. “Ashcroft, who looked like he was near death, sort of puffed up his chest,” Goldsmith later recalls. “All of a sudden, energy and color came into his face, and he said that he didn’t appreciate them coming to visit him under those circumstances, that he had concerns about the matter they were asking about and that, in any event, he wasn’t the attorney general at the moment; Jim Comey was. He actually gave a two-minute speech, and I was sure at the end of it he was going to die. It was the most amazing scene I’ve ever witnessed.” As Gonzales and Card leave the room, Goldsmith will recall, “Mrs. Ashcroft, who obviously couldn’t believe what she saw happening to her sick husband, looked at Gonzales and Card as they walked out of the room and stuck her tongue out at them. She had no idea what we were discussing, but this sweet-looking woman sticking out her tongue was the ultimate expression of disapproval. It captured the feeling in the room perfectly.” [New York Times Magazine, 9/9/2007] After Gonzales and Card leave the room, Comey asks Mueller to instruct the security detail not to let any more visitors into the room, except for family, without Mueller’s approval, apparently in order to keep Gonzales and Card from attempting to return. [US Department of Justice, 8/14/2007]
Cheney or Bush Behind Visit? - The hospital visit is sparked by at least two events: a meeting of White House officials a day earlier, where Vice President Dick Cheney attempted to push reluctant Justice Department officials to approve the surveillance program (see March 9, 2004), and Comey’s own refusal to certify the legality of the surveillance, as noted above. [Washington Post, 6/7/2007] Some believe that the timing of the incident shows that Cheney is the one who ordered Gonzales and Card to go to Ashcroft’s hospital room; Comey personally informed Cheney of his decision not to give his approval to the program. Speculation about Cheney’s ordering of the visit cannot be confirmed, [National Journal, 7/7/2007; National Journal, 8/16/2007] though the New York Times states flatly in an op-ed that “Vice President Dick Cheney sent Mr. Gonzales and [Card] to Mr. Ashcroft’s hospital room to get him to approve the wiretapping.” [New York Times, 7/29/2007] Three years later, Goldsmith will tell Congress that he believes Bush himself authorized the visit (see October 2, 2007).
Meeting in the White House - Minutes after the incident in Ashcroft’s hospital room, Card orders Comey to appear at a late-night meeting at the White House; Comey refuses to go alone, and pulls Solicitor General Theodore Olson from a dinner party to act as a witness to the meeting. “Mr. Card was very upset and demanded that I come to the White House immediately. After the conduct I had just witnessed, I would not meet with him without a witness present,” Comey will testify. “[Card] replied, ‘What conduct? We were just there to wish him well.’ And I said again, ‘After what I just witnessed, I will not meet with you without a witness. And I intend that witness to be the solicitor general of the United States.’” On March 11, after an al-Qaeda bombing in Madrid kills over 200 people (see 7:37-7:42 a.m., March 11, 2004, Bush recertifies the program without the approval of the Justice Department. Comey responds by drafting a letter of resignation, effective March 12. “I couldn’t stay if the administration was going to engage in conduct that the Department of Justice had said had no legal basis,” he will testify. “I just simply couldn’t stay.” Comey is not the only one threatening to resign; he is joined by Ashcroft, Mueller, Ayres, Goldsmith, Justice Department official Patrick Philbin, and others, who all intend to resign en masse if Bush signs off on the surveillance program without Justice Department support. But Ayres persuades Comey to delay his resignation; in Comey’s words, Ayres “asked me something that meant a great deal to him, and that is that I not resign until Mr. Ashcroft was well enough to resign with me.” Instead of resigning on March 12, Bush meets separately with Comey and Mueller, and promises to make changes in the program (see March 12-Mid-2004). Those changes have never been disclosed, though some changes are later found to be the creation of a secret review court to oversee the surveillance court, and the clarification of what exactly constitutes “probable cause” for surveillance. Comey will testify,…“Director Mueller came to me and said that, ‘The president told me that the Department of Justice should get this where it wants to be—to do what the department thinks is right.’ And I took that mandate and set about to do that, and I accomplished that.” [Newsweek, 1/9/2006; National Public Radio, 5/15/2007; New York Times, 5/15/2007; Washington Post, 5/16/2007; PBS, 5/16/2007; Associated Press, 6/7/2007] Goldsmith recalls his surprise when Congress later approves the program and brings it somewhat under the supervision of the FISA court. “I was sure the government was going to melt down,” Goldsmith says in 2007. “No one anticipated they were going to reverse themselves.” [New York Times Magazine, 9/9/2007]
Did Gonzales Break the Law? - It is also possible that Gonzales and Card may have broken the law in discussing classified information in a public venue. “Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace,” says law professor Neal Katyal, a national security adviser under Bill Clinton. “The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power. And the NSA program is particularly sensitive. One government official familiar with the program notes, “Since it’s that program, it may involve cryptographic information,” some of the most highly protected information in the intelligence community. The law governing disclosure of classified information is quite strict, and numerous government and military officials have been investigated for potential violations in the past. “It’s the one you worry about,” says the government official. Katyal says that if Gonzales did indeed break the law, the Justice Department cannot run any investigation into the matter: “The fact that you have a potential case against the Attorney General himself calls for the most scrupulous and independent of investigations.” Many others are dismayed and confused by the contradictions between the absolute secrecy surrounding the program, and Gonzales’s and Card’s willingness to openly discuss it in such an insecure location, and in front of witnesses not cleared to hear details about the program—including Ashcroft’s wife, who is present in the room while the officials seek her husband’s signature. Former NSA general counsel Elizabeth Parker says not enough is known about the meeting to be sure whether or not the law was broken. “Obviously things can be discussed in ways that don’t divulge highly classified information,” she says. “The real issue is what is it about this program that is so classified that can’t allow it to be discussed in a Congressional setting, even a closed Congressional hearing. In order to have confidence in what this program is all about, one needs to understand better what the approach is and how it affects the rights of American citizens.”
'Horrible' Judgment - John Martin, who oversaw Justice’s counterintelligence division for 26 years, calls Gonzales’s and Card’s attempt to override Comey’s authority as acting attorney general as more than just “bad judgment.” Martin calls their judgement “horrible…they both knew or should have known that the Attorney General while he was so incapacitated had delegated his power to his deputy Jim Comey. Comey’s actions were heroic under the circumstances.” [Time, 5/17/2007]
Snow Dismisses Concerns - In May 2007, after Comey’s testimony to the Senate hits the media, White House press secretary Tony Snow dismisses any concerns about the inappropriateness of Gonzales’s and Card’s pressuring of Ashcroft in his hospital room, and skips over the fact that Comey, not Ashcroft, had the final authority of the Attorney General at the time. “Because he had an appendectomy, his brain didn’t work?” Snow will say of Ashcroft. “Jim Comey can talk about whatever reservations he may have had. But the fact is that there were strong protections in there, this program has saved lives and it’s vital for national security and furthermore has been reformed in a bipartisan way.” Judiciary Committee member Charles Schumer (D-NY) has a different take on the incident: “What happened in that hospital room crystallized Mr. Gonzales’ view about the rule of law: that he holds it in minimum low regard.” [Associated Press, 6/7/2007] Senate Democrats are preparing to introduce a resolution of no-confidence against Gonzales. [Time, 5/17/2007]
Entity Tags: National Security Agency, George W. Bush, Jack Goldsmith, James B. Comey Jr., John Ashcroft, Elizabeth Parker, Janet Ashcroft, Richard (“Dick”) Cheney, John Martin, David Ayres, Alberto R. Gonzales, Andrew Card, US Department of Justice, Charles Schumer, Theodore (“Ted”) Olson, Tony Snow, Robert S. Mueller III, Senate Judiciary Committee, Patrick F. Philbin, Neal Katyal
Timeline Tags: Civil Liberties
After senior Justice Department officials object to the possible illegality of the National Security Agency’s secret domestic surveillance program, and refuse to sign off on its continued use, the program is suspended for several months while Justice Department officials conduct a secret audit of the program. Attorney General John Ashcroft will recertify the program at the end of the month (see Late March, 2004). The suspension is prompted by acting Attorney General James Comey’s refusal to approve the program when it comes up for its regular 45-day review, and a subsequent late-night hospital visit by White House officials Andrew Card and Alberto Gonzales to the hospital room of Attorney General John Ashcroft, where they unsuccessfully attempt to pressure Ashcroft, recuperating from surgery, to overrule Comey and approve the program (see March 10-12, 2004). Bush himself has personally reauthorized the program over 30 times since its inception after the 9/11 attacks (see Early 2002), and reauthorizes it himself after Comey and Ashcroft refuse to give it their approval. This reauthorization prompts a threat of mass resignations by Justice Department officials unless the program is brought under increased oversight. Bush will allow the Justice Department to recommend changes to the program, though those changes have never been made public. The Justice Department audits a selection of cases to see how the NSA is running the program, scrutinizing how NSA officials determine that they have probable cause to wiretap US citizens’ phones and e-mail accounts. The results of that audit have not been made public. When the program was first authorized by Bush’s executive order in early 2002, it was so secret that then-Deputy Attorney General Larry Thompson, who was active in most of the government’s most highly classified counterterrorism operations, was not given access to the program. That decision, among other elements of the program, led many Justice Department officials to worry that the program was operating outside of the Constitution and without proper oversight. Comey, Thompson’s successor, was eventually given authorization to take part in the program and to review intelligence data produced by it. Justice Department officials say that Comey takes part in overseeing the reforms that are put into place during the current audit. However, those reforms do not restrict the NSA’s authority to independently choose its eavesdropping targets, and NSA shift supervisors have the authority to decide for themselves whether there is enough evidence against a US citizen to warrant a secret wiretap. No one at the Justice Department or in the White House needs to be consulted before a wiretap is put into place. [New York Times, 12/31/2005]
President Bush meets privately with acting Attorney General James Comey to discuss the Justice Department’s refusal to reauthorize the administration’s warrantless wiretapping program (see Late September, 2001). (Comey will later refuse to discuss the conversation during testimony before Congress.) After the meeting, Bush meets privately with FBI Director Robert Mueller, Comey’s partner in opposing the program (see March 10-12, 2004). After his meeting, Mueller tells Comey, “[W]e have the president’s direction to do what we believed, what the Justice Department believed was necessary to put this matter on a footing where we could certify its legality.” Author and reporter Charlie Savage will later write, “Comey, [Office of Legal Counsel chief Jack] Goldsmith, and their colleagues spent the next several weeks making a series of undisclosed changes to the warrantless surveillance program—during which time the original program continued to operate, even though the president had been told it was illegal.” Outside experts will later speculate that Comey and Goldsmith had constrained the program’s scope by imposing stricter controls on who can be monitored without a warrant. Some will decide that the program now monitors only communications specifically suspected to have a connection to al-Qaeda, not the more general “suspected terrorism” communications. They will also speculate that the authorization for the program now relies on Congress’s Authorization to Use Military Force (AUMF—see September 14-18, 2001), not the president’s inherent authority as commander in chief. But, Savage will write, the program still allows wiretapping without a judge’s approval, and therefore is still illegal. [Savage, 2007, pp. 188]
Clips of Thompson, Bush included in VNRs provided to local TV stations. [Source: New York Times]New York Times reporter Robert Pear discovers that the Bush administration has employed two fake “reporters,” Karen Ryan and Alberto Garcia, who have appeared in administration-produced television “news” segments—“video news releases,” or VNRs—designed to promote the administration’s new Medicare prescription-drug policies. (Garcia primarily appeared in Spanish-language Medicare VNRs.) HHS had budgeted $124 million for the fake news segments, more than most real news organizations can provide. The segments are under investigation by the General Accounting Office (GAO) for possible violation of government statutes prohibiting the use of federal money to produce propaganda or partisan presentations. The Secretary for Health and Human Services (HHS), Tommy Thompson, appears in one of the segments, saying, “This is going to be the same Medicare system only with new benefits, more choices, more opportunities for enhanced benefits.” Several others show a crowd giving President Bush a standing ovation as he signs the new Medicare bill into law. Another segment shows a pharmacist talking to an elderly customer. The pharmacist says the new law “helps you better afford your medications,” and the customer says, “It sounds like a good idea.” The pharmacist agrees, “A very good idea.” The segments, professionally produced and ending with tag lines such as “In Washington, I’m Karen Ryan reporting,” were regularly aired by at least 50 local television news broadcasts in 40 cities around the country. The government also provides scripts that can be used by local news anchors to introduce, or “walk up,” the VNRs. One script suggested that anchors read the following: “In December, President Bush signed into law the first-ever prescription drug benefit for people with Medicare. Since then, there have been a lot of questions about how the law will help older Americans and people with disabilities. Reporter Karen Ryan helps sort through the details.” A VNR is then broadcast explaining how the new law benefits Medicare recipients.
'Infoganda' - Ryan is a freelance journalist, the administration claims, and using her for such fake news segments is perfectly acceptable. But cursory investigation reveals that she was once a freelance reporter, but has for years worked as a public relations consultant. Her most recent assignments include appearing in marketing videos and “infomercials” promoting a variety of pharmaceutical products, including the popular drugs FloMist and Excedrin. Perhaps the most telling reaction is from Comedy Central’s comedy-news program The Daily Show, where host Jon Stewart can’t seem to decide whether to be outraged or flattered by what Rich calls “government propaganda imitating his satiric art.” (Daily Show member Rob Corddry calls the HHS videos “infoganda.”) Administration officials also insist that the VNRs are real, objective news releases, but the company that produced the segments, Home Front Communications, confirms that it had hired Ryan to read a script prepared by government officials. The VNRs give a toll-free phone number for beneficiaries to call. To obtain recorded information about prescription drug benefits, the caller must speak the words, “Medicare improvement.” The Columbia Journalism Review writes, “The ‘reports’ were nothing more than a free advertisement for the legislation, posing as news.”
Legal? - GAO lawyers say that their initial investigations found that other fliers and advertisements disseminated by HHS to promote the new Medicare policies are legal, though they display “notable omissions and other weaknesses.” Administration officials claim the VNRs are also a legal, effective way to educate Medicare beneficiaries. The GAO is still investigating the VNRs. GAO investigators believe that they might violate the law in at least one aspect: misleading viewers by concealing their government origins. Federal law expressly forbids the use of federal money for “publicity or propaganda purposes” not authorized by Congress. Earlier investigations have found government-disseminated editorials and newspaper articles illegal if they did not identify themselves as coming from government officials. The GAO will find that the VNRs break two federal laws forbidding the use of federal money to produce propaganda (see May 19, 2004).
'Common Practice' - HHS spokesman Kevin Keane says the VNRs are well within legal guidelines; their only purpose, he says, is to inform citizens about changes in Medicare. “The use of video news releases is a common, routine practice in government and the private sector,” he says. “Anyone who has questions about this practice needs to do some research on modern public information tools.” Congressional Democrats disagree with Keane. “These materials are even more disturbing than the Medicare flier and advertisements,” says Senator Frank Lautenberg (D-NJ). “The distribution of these videos is a covert attempt to manipulate the press.” Lautenberg, fellow Senator Edward Kennedy (D-MA), and seven other members of Congress requested the GAO investigation. Keane is correct in one aspect: businesses have distributed VNRs to news stations as well as internally for years, and the pharmaceutical industry has been particularly successful in getting marketing videos that appear as “medical news” or “medical features” aired on local and even national news broadcasts. And government agencies have for years released informational films and videos on subjects such as teenage smoking and the dangers of using steroids. Bill Kovach, chairman of the Committee of Concerned Journalists, says HHS’s VNRs have gone far beyond what the government has previously provided. “Those to me are just the next thing to fraud,” he says. “It’s running a paid advertisement in the heart of a news program.” [New York Times, 3/15/2004; Columbia Journalism Review, 3/15/2004; Rich, 2006, pp. 164]
Media Responsibility - The Columbia Journalism Review’s Bill McDermott writes: “[F]or our money, the villains here aren’t the clever flacks at HHS—they’re supposed to be masters of deception. Nope, the dunce hats go to the local TV station editors willing to slap onto the air any video that drops in over the transom.” [Columbia Journalism Review, 3/15/2004] Ryan is relatively insouciant about the controversy. “Stations are lazy,” she says. “If these things didn’t work, then the companies would stop putting them out.” [Pittsburgh Post-Gazette, 3/20/2004]
Entity Tags: Edward M. (“Ted”) Kennedy, US Department of Health and Human Services, Committee of Concerned Journalists, Bush administration (43), Bill McDermott, Bill Kovach, Alberto Garcia, Tommy G. Thompson, Columbia Journalism Review, Robert Pear, New York Times, Jon Stewart, Home Front Communications, George W. Bush, Karen Ryan, General Accounting Office, Kevin Keane, Frank R. Lautenberg, Rob Corddry
Timeline Tags: Domestic Propaganda
Tahir Yuldashev. [Source: Corbis Reuters]In mid-March 2004, Secretary of State Colin Powell visits Pakistan. He reportedly gives Pakistani President Pervez Musharraf an ultimatum: either Pakistan attacks the al-Qaeda safe haven in the South Waziristan tribal region, or the US will. On March 16, hundreds of Frontier Corps soldiers surround a compound in the village of Kalosha, a few miles from the capital of South Waziristan. Apparently, they are looking for Tahir Yuldashev, the leader of the Islamic Movement of Uzbekistan (IMU), an al-Qaeda-linked militant group based in nearby Uzbekistan. But the poorly trained Frontier Corps local militia have walked into a trap, and are badly defeated by about 2,000 al-Qaeda, Taliban, and IMU militants who greatly outnumber them. Yuldashev escapes.
Escalation - Ali Jan Orakzai, the regional commander of the Pakistani army, immediately rushes in eight thousand regular troops in an effort to save the situation. For the next two weeks, heavy fighting rages in South Waziristan. Helicopter gunships, fighter bombers, and heavy artillery are brought in to help defeat the militants, but the militants have heavy weapons as well and command the heights in extremely difficult mountainous terrain. [Rashid, 2008, pp. 270-271]
Al-Zawahiri Supposedly Surrounded - On March 18, Musharraf boasts on CNN that a “high-value target” has been surrounded, and suggests that it could be al-Qaeda second-in-command Ayman al-Zawahiri. He claims that 200 well-armed al-Qaeda fighters are protecting him. [CNN, 3/18/2004; FOX News, 3/18/2004] On March 19, Pakistani officials say that al-Zawahiri has escaped the South Waziristan village where he was supposedly surrounded. [Interactive Investor, 3/19/2004] In all likelihood, al-Zawahiri was never there, but was used as an excuse to justify the debacle.
Al-Qaeda Victorious - Heavy fighting continues for the next several weeks. Musharraf eventually orders local commanders to strike a deal with the militants to end the fighting. The fighting finally ends on April 24, when the Pakistani government signs an agreement with the militants, pardoning their leaders. The government claims that 46 of its soldiers were killed, while 63 militants were killed and another 166 were captured. But privately, army officers admit that their losses were close to 200 soldiers killed. US officials monitoring the fighting will later admit that the army attack was a disaster, resulting from poor planning and a near total lack of coordination. Pakistani journalist and regional expert Ahmed Rashid will later comment: “But there were deeper suspicions. The ISI had held meetings with the militants and possessed detailed information about the enemy’s numbers and armaments, but this intelligence did not seem to have been conveyed to the Frontier Corps. Western officers in [Afghanistan and Pakistan] wondered if the failed attack was due to a lack of coordination or was deliberate.” Orakzai, the army commander in charge of the offensive, reportedly intensely hates the US and has sympathy for the Taliban (see Late 2002-Late 2003). But there is no internal inquiry, even though many soldiers deserted or refused to fire on the militants. Nek Mohammed, a native local militant leader, emerges as a hero (see April 24-June 18, 2004). [PBS Frontline, 10/3/2006; Rashid, 2008, pp. 270-271]
Entity Tags: Pervez Musharraf, Pakistani Army, Pakistan Directorate for Inter-Services Intelligence, Tahir Yuldashev, Taliban, George W. Bush, Islamic Movement of Uzbekistan, Al-Qaeda, Ali Jan Orakzai, Nek Mohammed, Colin Powell, Frontier Corps, Ayman al-Zawahiri
Timeline Tags: Complete 911 Timeline, War in Afghanistan
Richard Clarke, counterterrorism “tsar” from 1998 until October 2001, ignites a public debate by accusing President Bush of doing a poor job fighting al-Qaeda before 9/11. In a prominent 60 Minutes interview, he says: “I find it outrageous that the president is running for re-election on the grounds that he’s done such great things about terrorism. He ignored it. He ignored terrorism for months, when maybe we could have done something to stop 9/11.… I think he’s done a terrible job on the war against terrorism.” He adds: “We had a terrorist organization that was going after us! Al-Qaeda. That should have been the first item on the agenda. And it was pushed back and back and back for months.” He complains that he was Bush’s chief adviser on terrorism, yet he never got to brief Bush on the subject until after 9/11. [CBS News, 3/21/2004; CBS News, 3/21/2004; Guardian, 3/23/2004; Salon, 3/24/2004] Author Philip Shenon will call the interview “gripping” and comment that Clarke is “made for television.” This is because of his “urgent speaking style” and his “shock of white hair and ghostly pallor,” which makes it look like he has “emerged from years of hiding in sunless back rooms of the West Wing to share the terrible secrets he ha[s] learned.” [Shenon, 2008, pp. 277] The next day, his book Against All Enemies is released and becomes a bestseller. [Washington Post, 3/22/2004] He testifies before the 9/11 Commission a few days later (see March 24, 2004).
One of the slides in President Bush’s presentation during the evening’s entertainment. [Source: Nicholas Roberts / Getty Images]President Bush, the guest of honor at the annual Radio and Television News Correspondents Association black-tie dinner, shows a slide show for his portion of the evening’s entertainment. As is the tradition of the dinner, powerful lawmakers and media figures poke fun at themselves and the issues of the day, usually with little political fallout. But many are offended by Bush’s humor in the slide show. One picture shows Bush looking under a piece of furniture in the Oval Office, with his accompanying remark, “Those weapons of mass destruction have got to be here somewhere.” A second slide shows him looking in the corner of a room, and the voiceover says, “No, no weapons over there.” A third picture has him leaning over and saying, “Maybe under here?” While most participants at the dinner laugh appreciatively, many others are offended, seeing Bush as making light of the rationale for a war that has led to the death of almost 600 American soldiers by this time. [BBC, 3/26/2004; Associated Press, 3/26/2004] Bush’s humor draws an onslaught of criticism from Democrats, soldiers, and the families of US soldiers slain in Iraq (see March 25, 2004 and March 25, 2004).
Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath a second time (see March 5, 2004) before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to his later indictment (see October 28, 2005), Libby commits perjury during his testimony. [United States District Court for the District of Columbia, 3/24/2004 ; MSNBC, 2/21/2007; Washington Post, 7/3/2007] There is a certain amount of overlap in the subjects discussed in the two interviews.
Claims to Have Learned Identity from Reporter - Libby tells the jury that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see July 10 or 11, 2003). According to prosecutors’ later filings, Libby says: “Russert asked Libby if Libby was aware that Wilson’s wife worked for the CIA. Libby responded to Russert that he did not know that, and Russert replied that all the reporters knew it.” Russert will deny that he ever said anything of the kind to Libby (see February 7-8, 2007). [United States District Court for the District of Columbia, 3/24/2004 ; Vanity Fair, 4/2006] Libby testifies about a conversation he had with Cheney in the fall of 2003, when he complained that the White House was not making public statements exonerating him of responsibility for the leak (see Late September or Early October, 2003). Asked by prosecutor Patrick Fitzgerald if he had told Cheney about speaking to reporters regarding Plame Wilson, Libby responds: “I think I did. Let me bring you back to that period. I think I did in that there was a conversation I had with the vice president when all this started coming out and it was this issue as to, you now, who spoke to [columnist Robert] Novak (see July 14, 2003). I told the vice—you know, there was—the president said anybody who knows anything should come forward or something like that.… I went to the vice president and said, you know, ‘I was not the person who talked to Novak.’ And he [said] something like, ‘I know that.’ And I said, you know, ‘I learned this from Tim Russert.’ And he sort of tilted his head to the side a little bit and then I may have in that conversation said, ‘I talked to other—I talked to people about it on the weekend.’” Libby is most likely referring to his conversations with reporters Matthew Cooper (see 2:24 p.m. July 12, 2003) and Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003). Fitzgerald asks of the conversation with Cheney, “What did you understand from his gesture or reaction in tilting his head?” Libby replies: “That the Tim Russert part caught his attention. You know, that he—he reacted as if he didn’t know about the Tim Russert thing or he was rehearing it, or reconsidering it, or something like that.… New, new sort of information. Not something he had been thinking about.” Fitzgerald asks: “And did he at any time tell you, ‘Well, you didn’t learn it from Tim Russert, you learned it from me? Back in June you and I talked about the wife working at the CIA?’” Libby responds, “No.” Cheney confirmed Plame Wilson’s CIA status to Libby in June 2003 (see (June 12, 2003)). Fitzgerald asks, “Did he indicate any concern that you had done anything wrong by telling reporters what you had learned?” and Libby again responds, “No.” Libby tells Fitzgerald that he isn’t sure if he mentioned the Cooper and Miller leaks to Cheney. “I did tell him, of course, that we had spoken to the people who he had told us to speak to on the weekend. I think at some point I told him that.” [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 2/19/2007]
Fails to Disclose Leak to Reporter - In neither appearance before the grand jury does Libby disclose that he discussed Plame Wilson’s identity with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Instead, he testifies that he told Miller that he knew Plame Wilson had had some involvement in sending her husband to Niger (see February 21, 2002-March 4, 2002), but did not reveal her as a CIA agent because he was not aware of her CIA status. Libby is lying (see 12:00 p.m. June 11, 2003 and August 6, 2005). Libby also failed to disclose the conversations he had with Miller when he was twice interviewed by FBI agents working on the leak, in October and November 2003. Fitzgerald will not learn of Libby’s failure to disclose the conversations until late 2005, after Miller’s testimony before the court (see October 7, 2005). [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 10/11/2005; National Journal, 10/18/2005]
Libby 'Authorized' to Disclose Classified Information by Bush, Cheney - Libby also tells the grand jury that he had been “authorized” by President Bush, Cheney, and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq. According to Libby’s testimony, Cheney authorized him to release classified information, including details of the October 2, 2002 National Intelligence Estimate (NIE—see October 1, 2002), to defend the administration’s use of prewar intelligence in making the case for war; Libby tells the jury that he had received “approval from the president through the vice president” to divulge material from the NIE. He testifies that one portion of the NIE he was authorized to divulge concerned Iraq’s purported efforts to develop nuclear weapons. Libby says that authorization from the president and vice president was “unique in his recollection.” According to court papers filed in regards to his indictment, Libby tells the jury “that he was specifically authorized in advance… to disclose the key judgments of the classified NIE to Miller” because Cheney believed it to be “very important” to do so. Libby adds “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.” It was then, he says, that Cheney advised him that Bush authorized the disclosure. Cheney told Libby that he, and not Cheney’s press spokeswoman Cathie Martin, should leak the classified information to the press. At the time of the disclosure, Libby says, he knew that only himself, Bush, and Cheney knew that portions of the NIE had been declassified; other senior Cabinet-level officials were not informed of the decision. Libby adds that an administration lawyer, David Addington, told him that Bush, by authorizing the disclosure of classified information, had in effect declassified that information. Many legal experts will disagree with that assessment. Libby considers Addington an expert on national security law. [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 2/6/2006; National Journal, 4/6/2006]
Libby's Testimony Met with Disbelief - The prosecutors interrogating Libby are incredulous and disbelieving of many of Libby’s claims. They do not believe his contention that he and Cheney never discussed Plame Wilson between July 6 and July 14—the dates of Wilson’s op-ed (see July 6, 2003) and Novak’s outing of Plame Wilson (see July 14, 2003), respectively. (Libby did indeed discuss Plame Wilson with Cheney and other White House officials during that time period—see July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and July 10 or 11, 2003). They do not believe Libby’s claim that he had “forgotten” about knowing Plame Wilson was a CIA official as early as June 2003 (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, and (June 12, 2003)). And they do not believe Libby’s claim that he had merely passed to Cheney a rumor he had heard from reporter Tim Russert about Plame Wilson’s CIA status (see July 10 or 11, 2003). [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 1/12/2007]
Drastic Change in Behavior - Steven Aftergood, a senior analyst with the Federation of American Scientists and an expert on government secrecy and classification issues, says that in disclosing the classified information, Libby “presents himself in this instance and others as being very scrupulous in adhering to the rules. He is not someone carried on by the rush of events. If you take his account before the grand jury on face value, he is cautious and deliberative in his behavior. That is almost the exact opposite as to how he behaves when it comes to disclosing Plame [Wilson]‘s identity. All of a sudden he doesn’t play within the rules. He doesn’t seek authorization. If you believe his account, he almost acts capriciously. You have to ask yourself why his behavior changes so dramatically, if he is telling the truth that this was not authorized and that he did not talk to higher-ups.” [National Journal, 6/14/2006]
Entity Tags: Catherine (“Cathie”) Martin, David S. Addington, George W. Bush, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Steven Aftergood, Matthew Cooper, Tim Russert, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald
Timeline Tags: Niger Uranium and Plame Outing
Some are shocked and outraged by President Bush’s jokes about missing WMD during a recent black-tie dinner thrown by the media industry (see March 24, 2004).
John Kerry - Bush’s challenger for the presidency, John Kerry (D-MA), calls Bush’s attitude towards the sacrifices made by the troops “stunningly cavalier,” and adds: “If George Bush thinks his deceptive rationale for going to war is a laughing matter, then he’s even more out of touch than we thought.… Unfortunately for the president, this is not a joke.… 585 American soldiers have been killed in Iraq in the last year, 3,354 have been wounded and there’s no end in sight. George Bush sold us on going to war with Iraq based on the threat of weapons of mass destruction. But we still haven’t found them, and now he thinks that’s funny?” [BBC, 3/26/2004; Guardian, 3/26/2004]
Al Sharpton - Another Democratic presidential candidate, the Reverend Al Sharpton (D-NY), says Bush’s joke is “one of the most despicable acts of a sitting president.” Sharpton continues: “Well, that’s not a joke to us, Mr. Bush. Five hundred soldiers lost their lives, looking for weapons that weren’t there. Billions of taxpayer dollars were spent looking for weapons that weren’t there.”
Veteran - Iraq war veteran Brad Owens says: “War is the single most serious event that a president or government can carry its people into. This cheapens the sacrifice that American soldiers and their families are dealing with every single day.” [BBC, 3/26/2004; Associated Press, 3/26/2004]
Jerrold Nadler - Representative Jerrold Nadler (D-NY) calls Bush’s performance “out of line and in poor taste.… It’s disgusting that during his little performance on stage, the president seemed to forget that people are dying in Iraq because of weapons of mass destruction he lied about.” [New York Daily News, 3/25/2004]
Dead Soldier's Father - Jorge Medina, whose son Irving Medina was slain in Iraq, retorts: “This is disgraceful. He doesn’t think of all the families that are suffering.… I think this is very distasteful for all of the families who lost a child or parent or relative in Iraq. You know, these men—are liars, bold-faced liars—and I believe that he doesn’t care about the soldiers, and he doesn’t care about the lives who are lost there.… It’s wrong for the soldiers, we are not honoring the soldiers that way. We’re making fun of why they died.” [Democracy Now!, 3/26/2004]
DNC Chairman - Democratic National Committee chairman Terry McAuliffe says: “This is a very serious issue. We’ve lost hundreds of troops, as you know, over there. Let’s not be laughing about not being able to find weapons of mass destruction.… They’re not there. That is the issue. We should not take it to a new step to make fun of the situation.”
Administration Response - The White House insists that Bush was merely poking fun at himself. Defense Secretary Donald Rumsfeld refuses to comment on Bush’s presentation, noting that he was not in attendance. [BBC, 3/26/2004; Associated Press, 3/26/2004]
Entity Tags: Bush administration (43), George W. Bush, Donald Rumsfeld, Jerrold Nadler, Brad Owens, John Kerry, Al Sharpton, Irving Medina, Terry McAuliffe, Jorge Medina
Timeline Tags: Iraq under US Occupation, Domestic Propaganda
David Corn. [Source: The Nation]Progressive author and columnist David Corn writes of his reaction to President Bush’s jokes about missing WMD during a recent black-tie dinner thrown by the media industry (see March 24, 2004). Corn writes that he recoiled in shock at the humor of Bush’s slide show, which featured him looking for “those weapons of mass destruction” in the Oval Office. Corn notes that Bush, like earlier presidents, is expected to have some fun at his own expense, either in a speech or a skit or the like. Bush has entertained the assembled reporters, editors, and lawmakers with slide shows in the past, and he did the same again. Much of the presentation was what Corn called “standard fare humor,” with Bush preparing for a tough election fight while wearing a boxing robe, and poking fun at Vice President Cheney.
"I Wasn't Getting It" - But, Corn writes, when the first slide of Bush looking for WMD in the Oval Office is shown, “I grimaced.” Others laughed. The assemblage continued laughing at the second and third slides of the series. Corn did not. One of his tablemates said, “Come on, David, this is funny.” Corn writes: “I wanted to reply, Over 500 Americans and literally countless Iraqis are dead because of a war that was supposedly fought to find weapons of mass destruction, and Bush is joking about it. Instead, I took a long drink of the lovely white wine that had come with our dinner. It’s not as if I was in the middle of a talk-show debate and had to respond. This was certainly one of those occasions in which you either get it or don’t. And I wasn’t getting it. Or maybe my neighbor wasn’t.” Corn notes that the last two slides honored US soldiers, writing: “Bush was somber about the sacrifice being made by US troops overseas. But he obviously considered it fine to make fun of the reason he cited for sending Americans to war and to death. What an act of audacious spin.… As the crowd was digesting the delicious surf-and-turf meal, Bush was transforming serious scandal into rim-shot comedy.”
Too Sensitive? - Corn is equally shocked at the lack of reaction from his fellow media figures. “Was I being too sensitive?” he asks. He answers, “I wondered what the spouse, child or parent of a soldier killed in Iraq would have felt if they had been watching C-SPAN and saw the commander in chief mocking the supposed justification for the war that claimed their loved ones.” Corn concludes that Bush’s jokes made up a “callous and arrogant display,” and adds: “For Bush, the misinformation—or disinformation—he peddled before the war was no more than material for yucks. As the audience laughed along, he smiled. The false statements (or lies) that had launched a war had become merely another punchline in the nation’s capital.” [Nation, 3/25/2004]
At a campaign appearance in New Hampshire, President Bush refers to the 9/11 attacks, saying, “Had I known that the enemy was going to use airplanes to strike America, to attack us, I would have used every resource, every asset, every power of this government to protect the American people.” He also suggests that his predecessor, Democrat Bill Clinton, was more to blame for the attacks than he was, as the 9/11 Commission is looking at “eight months of my administration and the eight years of the previous administration.” This speech comes one day after his former counterterrorism “tsar,” Richard Clarke, had given damaging high-profile testimony to the Commission (see March 24, 2004). Author Philip Shenon will comment that Bush “was apparently hoping that his audience would forget that the August 6 [Presidential Daily Brief item (see August 6, 2001)] had warned specifically that planes might be hijacked by al-Qaeda within the United States.” [Shenon, 2008, pp. 289]
Former counterterrorism “tsar” Richard Clarke, lambasted by Bush administration supporters (see March 24, 2004) for his criticism of the administration’s foreign policies (see March 21, 2004 and March 24, 2004), counters some of that criticism by noting that when he resigned from the administration a year earlier, he was highly praised by President Bush (see January 31, 2003).
Differing Characterizations from Administration - On Meet the Press, Clarke reads aloud the handwritten note from Bush that lauds his service, telling host Tim Russert: “This is his writing. This is the president of the United States’ writing. And when they’re engaged in character assassination of me, let’s just remember that on January 31, 2003: ‘Dear Dick, you will be missed. You served our nation with distinction and honor. You have left a positive mark on our government.’ This is not the normal typewritten letter that everybody gets. This is the president’s handwriting. He thinks I served with distinction and honor. The rest of his staff is out there trying to destroy my professional life, trying to destroy my reputation, because I had the temerity to suggest that a policy issue should be discussed. What is the role of the war on terror vis-a-vis the war in Iraq? Did the war in Iraq really hurt the war on terror? Because I suggest we should have a debate on that, I am now being the victim of a taxpayer-paid—because all these people work for the government—character assassination campaign.”
Never Briefed Bush on Terrorism - Clarke also notes that the letter proves he never briefed Bush on terrorism because he was not allowed to provide such a briefing (see Early January 2001). He tells Russert: “You know, they’re saying now that when I was afforded the opportunity to talk to him about cybersecurity, it was my choice. I could have talked about terrorism or cybersecurity. That’s not true. I asked in January to brief him, the president, on terrorism, to give him the same briefing I had given Vice President Cheney, Colin Powell, and [Condoleezza] Rice. And I was told, ‘You can’t do that briefing, Dick, until after the policy development process.’” [MSNBC, 3/28/2004; Salon, 3/29/2004]
Administration Should Declassifiy August 2002 Briefing - Clarke also calls on the administration to declassify “all six hours” of the briefing he gave to top officials in August 2002 about the impending threat of a terrorist attack (see August 22, 2002). The administration has selectively declassified material from that briefing to impugn Clarke’s honesty and integrity. “I would welcome it being declassified,” Clarke says. “But not just a little line here and there—let’s declassify all six hours of my testimony.” He also asks that the administration declassify the strategy reports from 2001 that he authored, and all of his e-mails between January 2001 and September 2001, to prove that the charges laid against him by the administration are false. He calls on the White House to end what he calls the “vicious personal attacks” and “character assassination,” and focus on issues. “The issue is not about me,” he tells a CNN reporter. “The issue is about the president’s performance in the war on terrorism.” [MSNBC, 3/28/2004; CNN, 3/28/2004]
The Bush administration bows to growing pressure in the wake of former counterterrorism “tsar” Richard Clarke’s testimony before the 9/11 Commission (see March 21, 2004) and agrees to allow National Security Adviser Condoleezza Rice to testify before the Commission in public and under oath. It also agrees that President Bush and Vice President Dick Cheney can be interviewed in private by the whole Commission. However, according to the New York Times, “In exchange for her appearance, the [9/11 Commission] agreed not to seek testimony from other White House aides at public hearings, although it can continue to question them in private.” [New York Times, 3/31/2004] There was some debate in the administration over whether Rice would testify or not. As she is national security adviser and there are no allegations of criminal wrongdoing, there are good grounds for Rice refusing to testify under the doctrine of executive privilege, and this argument is made in particular by White House counsel Alberto Gonzales and David Addington, Vice President Cheney’s counsel. However, Rice insists that she wants to testify. According to author Philip Shenon, she is “uncharacteristically frantic” over the issue. White House chief of staff Andy Card will say, “Condi desperately wanted to do it.” Shenon will write of the decision, which is made by President Bush: “The political pressure on the White House was too great, and Rice’s persuasive powers with the president were more than a match for Alberto Gonzales’s. Rice was as strong-willed as any member of the White house staff. Gonzales was strong-willed until the president told him otherwise.” [Shenon, 2008, pp. 289-292] Author and media critic Frank Rich will later write: “The dirty little secret about the uproar over Clarke’s revelations were that many of them had been previously revealed by others, well before he published his book. But as the Bush administration knew better than anyone, perception was all, and perception began with images on television. Clarke had given the charges a human face.” The administration is sending Rice to testify publicly before the Commission, Rich will write, in part because she is the most telegenic of Bush’s top advisers, and has the best chance of “rebranding” the story with her face and testimony. [Rich, 2006, pp. 119]
Entity Tags: White House, Frank Rich, Philip Shenon, George W. Bush, Condoleezza Rice, Bush administration (43), Alberto R. Gonzales, 9/11 Commission, David S. Addington, Andrew Card
Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections
Attorney General John Ashcroft recertifies the NSA’s warrantless wiretapping program as being within the law, three weeks after he and his deputy, James Comey, refused to certify it. The program had come under question in early 2004, when Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, wrote to Ashcroft and Comey expressing his doubts about the program’s legality (see September 9, 2007). For those three weeks, the program operated without Justice Department approval; President Bush personally recertified it himself, though it was suspended and subjected to an internal review (see March 12-Mid-2004). Ashcroft had previously refused to recertify the program while recuperating from surgery, despite pressure from White House officials Alberto Gonzales and Andrew Card (see March 10-12, 2004). Ashcroft, Comey, Goldsmith, and other Justice Department officials had even threatened to resign en masse if Bush recertified the program without their department’s support; Bush promised to revamp the program to address Ashcroft and Comey’s objections to the program, though what those changes are remains unclear. [Boston Globe, 5/16/2007; Associated Press, 6/7/2007]
In his monthly newsletter, conservative pundit Rush Limbaugh says that American liberals and Democrats are attacking President Bush for his Christian faith. “So now what does the left attack the president for?” he writes. “His belief in God!… Well, I’m going to predict something. If enough voters hear [Washington Post reporter] Bob Woodward berate Bush for relying on God, get ready for it.… Let them impugn the president of the United States for his admitting that he prays for the safety of the troops and the American people, let them make fun of that. They’re going to pay the price.” Limbaugh offers no evidence that nationally recognized liberals, Democratic Party members, or prominent reporters such as Woodward have criticized Bush for his Christian beliefs. [Jamieson and Cappella, 2008, pp. 101]
Spc. Casey Sheehan. [Source: Associated Press]Specialist Casey Sheehan, an Eagle Scout, church group leader, and honor student who enlisted in the Army in 2000, dies during an ambush in Sadr City, Baghdad. Sheehan had been in Iraq for only two weeks. His death will drive his mother, Cindy Sheehan, to become a noted peace activist (see August 6, 2005 and After). Specialist Sheehan and six other American soldiers die during a rescue mission in Sadr City. Sheehan and his compatriots are left to fend for themselves by their Iraqi cohorts, newly trained militiamen who flee when fighters for Moqtada al-Sadr’s Mahdi Army attack their position. Sheehan’s death will become a powerful counterargument against claims by Defense Secretary Donald Rumsfeld and other Bush officials that “over 200,000 Iraqis… have been trained and equipped” and are “out on the front line taking the brunt of the violence.” Author and media critic Frank Rich will write that given the wildly inflated claims by Rumsfeld and others about the size and effectiveness of the Iraqi soldiers, and the increasing power wielded by al-Sadr, “[i]t is hard to see what Cindy Sheehan’s young son had died for.” [US Department of Defense, 4/7/2004; Rich, 2006, pp. 193-194] Mrs. Sheehan, as part of a group of bereaved family members who suffered their own losses in Iraq, will meet with President Bush soon after her son’s death, and come away dissatisfied and angry. Recalling the meeting, she will say: “We wanted [the president] to look at pictures of Casey, we wanted him to hear stories about Casey, and he wouldn’t. He changed the subject every time we tried. He wouldn’t say Casey’s name, called him, ‘your loved one.’” [Los Angeles Times, 8/11/2005]
Condoleezza Rice sworn in before the 9/11 Commission. [Source: Larry Downing/ Reuters]National Security Adviser Condoleezza Rice testifies before the 9/11 Commission under oath and with the threat of perjury. The Bush administration originally opposed her appearance, but relented after great public demand (see March 30, 2004). [Independent, 4/3/2004] The testimony is a huge media event and major television networks interrupt their programming to carry it live. First, the Commission’s Democratic Vice Chairman Lee Hamilton reads a statement trying to establish a tone of non-confrontation and saying that the Commission’s purpose is “not to put any witness on the spot,” but “to understand and to inform.”
Rice Reads Lengthy Statement - Knowing that she has a deal to appear only once and for a limited time, Rice begins by reading a statement much longer than those read by other witnesses testifying before the Commission, a move specifically approved by Hamilton and the Commission’s chairman Tom Kean. [Shenon, 2008, pp. 293, 295] In the statement she repeats her claim that “almost all of the reports [before 9/11] focused on al-Qaeda activities outside the United States.… The information that was specific enough to be actionable referred to terrorists operation overseas.” Moreover, she stresses that the “kind of analysis about the use of airplanes as weapons actually was never briefed to us.” But she concedes: “In fact there were some reports done in ‘98 and ‘99. I think I was—I was certainly not aware of them.” [Washington Post, 4/8/2004]
Heated Questioning from Democrats - The exchanges with the Republican commissioners are polite, but Rice’s interactions with the Democrats on the Commission become heated. According to author Philip Shenon, her strategy is to “try to run out the clock—talk and talk and talk, giving them no chance to ask follow-up questions before the 10 minutes that each of the commissioners had been allotted had run out.” [Shenon, 2008, pp. 295] During questioning several subjects are discussed:
Why didn’t counterterrorism “tsar” Richard Clarke brief President Bush on al-Qaeda before September 11? Clarke says he had wished to do so, but Rice states, “Clarke never asked me to brief the president on counterterrorism.”
What was the content of the briefing President Bush received on August 6, 2001 (see August 6, 2001)? While Rice repeatedly underlines that it was “a historical memo… not threat reporting,” commissioners Richard Ben-Veniste and Tim Roemer ask her why it cannot therefore be declassified. [Washington Post, 4/8/2004] Asked what the PDB item’s still-secret title is, Rice gives it as “Bin Laden Determined to Attack inside the United States,” leading to an audible gasp from the audience. [Shenon, 2008, pp. 298] Two days later, the White House will finally publish it, and it will be shown to contain more than just historical information.
Did Rice tell Bush of the existence of al-Qaeda cells in the US before August 6, 2001? Rice says that she does not remember whether she “discussed it with the president.”
Were warnings properly passed on? Rice points out: “The FBI issued at least three nationwide warnings to federal, state, and law enforcement agencies, and specifically stated that although the vast majority of the information indicated overseas targets, attacks against the homeland could not be ruled out. The FBI tasked all 56 of its US field offices to increase surveillance of known suspected terrorists and to reach out to known informants who might have information on terrorist activities.” But commissioner Jamie Gorelick remarks: “We have no record of that. The Washington field office international terrorism people say they never heard about the threat, they never heard about the warnings.” [Washington Post, 4/8/2004]
Under questioning from Democratic commissioner Bob Kerrey, she admits that she worked with Philip Zelikow, the Commission’s executive director, during the Bush administration transition, and that they discussed terrorism issues.
She claims that a plan Clarke presented to her to roll back al-Qaeda in January 2001 (see January 25, 2001) was not actually a plan, but merely “a set of ideas and a paper” that had not been implemented. [Shenon, 2008, pp. 299-300]
Central Issues Unresolved - Rice does not apologize to the families of the victims of the 9/11 attacks, as Clarke did weeks earlier. The Associated Press comments, “The blizzard of words in Condoleezza Rice’s testimony Thursday did not resolve central points about what the government knew, should have known, did, and should have done before the September 11 terrorist attacks.” [Associated Press, 4/8/2004]
Testimony an 'Ambitious Feat of Jujitsu' - The Washington Post calls her testimony “an ambitious feat of jujitsu: On one hand, she made a case that ‘for more than 20 years, the terrorist threat gathered, and America’s response across several administrations of both parties was insufficient.’ At the same time, she argued that there was nothing in particular the Bush administration itself could have done differently that would have prevented the attacks of September 11, 2001—that there was no absence of vigor in the White House’s response to al-Qaeda during its first 233 days in office. The first thesis is undeniably true; the second both contradictory and implausible.” [Washington Post, 4/9/2004]
'Cherry-Picking' Rice's Testimony - In 2009, Lawrence Wilkerson, who is chief of staff for Secretary of State Colin Powell in 2004, will recall: “John [Bellinger, the legal adviser to the National Security Council] and I had to work on the 9/11 Commission testimony of Condi. Condi was not gonna do it, not gonna do it, not gonna do it, and then all of a sudden she realized she better do it. That was an appalling enterprise. We would cherry-pick things to make it look like the president had been actually concerned about al-Qaeda. We cherry-picked things to make it look as if the vice president and others, Secretary Rumsfeld and all, had been. They didn’t give a sh_t about al-Qaeda. They had priorities. The priorities were lower taxes, ballistic missiles, and the defense thereof.” [Vanity Fair, 2/2009]
Entity Tags: Jamie Gorelick, Lee Hamilton, Lawrence Wilkerson, George W. Bush, John Bellinger, Federal Bureau of Investigation, Bob Kerrey, Bush administration (43), Tim Roemer, Condoleezza Rice, Thomas Kean, Richard Ben-Veniste, 9/11 Commission, Richard A. Clarke
Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections
President Bush talks about the Presidential Daily Briefing (PDB) he was given on August 6, 2001, entitled “Bin Laden Determined to Strike in US.” He claims, “There was nothing in this report to me that said, ‘Oh, by the way, we’ve got intelligence that says something is about to happen in America.‘… There was nothing in there that said, you know, ‘There is an imminent attack.’ That wasn’t what the report said. The report was kind of a history of Osama’s intentions.” [Associated Press, 4/12/2004] He adds, “[T]he PDB was no indication of a terrorist threat. There was not a time and place of an attack. It said Osama bin Laden had designs on America. Well, I knew that. What I wanted to know was, is there anything specifically going to take place in America that we needed to react to.… I was satisfied that some of the matters were being looked into. But that PDB said nothing about an attack on America. It talked about intentions, about somebody who hated America—well, we knew that.… Had I known there was going to be an attack on America, I would have moved mountains to stop the attack.” [US President, 4/19/2004] The complete text of the PDB was released the day before Bush’s comments and in fact the PDB does very clearly discuss an imminent attack on the US. For instance, it says that FBI information “indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York.” And it discusses a call to a US “embassy in the UAE in May  saying that a group of bin Laden supporters was in the US planning attacks with explosives” (see August 6, 2001).
In a press conference, President Bush states, “We knew he [Osama bin Laden] had designs on us, we knew he hated us. But there was nobody in our government, and I don’t think [in] the prior government, that could envision flying airplanes into buildings on such a massive scale.” [Guardian, 4/15/2004] He also says, “Had I any inkling whatsoever that the people were going to fly airplanes into buildings, we would have moved heaven and earth to save the country.” [New York Times, 4/18/2004; US President, 4/19/2004] Bush made similar comments two days earlier (see April 11, 2004). In July 2004, he will claim even more generally, “Had we had any inkling whatsoever that terrorists were about to attack our country, we would have moved heaven and earth to protect America.” [New Jersey Star-Ledger, 7/22/2004]
In a news conference, President Bush is asked about the August 6, 2001 Presidential Daily Briefing (PDB) item entitled “Bin Laden Determined to Strike in US” (see August 6, 2001). Bush explains: “I asked for the briefing. And the reason I did is because there had been a lot of threat intelligence from overseas. And part of it had to do with the Genoa G8 conference that I was going to attend. And I asked at that point in time, let’s make sure we are paying attention here at home as well. And that’s what triggered the report.” [US President, 4/19/2004] Although Bush had shown some interest in counterterrorism around that time (see July 5, 2001 and June 20, 2001), the CIA analysts who drafted the PDB item will deny he asked for it specifically, saying they drafted it on the CIA’s initiative (see July 13, 2004). The main threat to the late July 2001 Genoa conference, as discussed in numerous articles even before the conference, was an al-Qaeda plot to fly an airplane into the conference building, killing Bush and other world leaders (see Mid-July 2001). But Bush’s tacit admission that a plot involving planes as weapons helped inspire the well-known August briefing passes without comment by the mainstream media. However, a professor will write a letter to the editor of Britain’s Financial Times noting Bush’s remark and commenting, “If President Bush had been sufficiently alarmed by the Italian defenses [against a suicide air attack] in Genoa to request a special report, he must have been able to recognize that, yes, it could happen in the US.” [Financial Times, 4/27/2004]
President Bush flounders in answering a question about what his “biggest mistake” after 9/11 might have been. During a White House press conference, Time reporter John Dickerson asks Bush: “In the last campaign, you were asked a question about the biggest mistake you’d made in your life, and you used to like to joke that it was trading Sammy Sosa. You’ve looked back before 9/11 for what mistakes might have been made. After 9/11, what would your biggest mistake be, would you say, and what lessons have you learned from it?” Bush’s press secretary, Scott McClellan, is horrified by what he later calls Bush’s “tortured response to a straightforward question.” Bush attempts to buy a moment with a quip—“I wish you would have given me this written question ahead of time, so I could plan for it”—but continues to fumble, saying: “John, I’m sure historians will look back and say, gosh, he could have done it better this way, or that way. You know, I just—I’m sure something will pop into my head here in the midst of this press conference, with all the pressure of trying to come up with an answer, but it hadn’t yet.”
'A Terrible Silence' - After what McClellan will recall as “an agonizingly long pause… a terrible silence [that] hung embarrassingly in the air,” Bush continues: “I would have gone into Afghanistan the way we went into Afghanistan. Even knowing what I know today about the stockpiles of weapons, I still would have called upon the world to deal with Saddam Hussein. See, I happen to believe that we’ll find out the truth on the weapons. That’s why we’ve sent up the independent commission. I look forward to hearing the truth, exactly where they are. They could still be there. They could be hidden, like the 50 tons of mustard gas in a turkey farm. One of the things that [weapons inspector] Charlie Duelfer talked about was that he was surprised at the level of intimidation he found amongst people who should know about weapons, and their fear of talking about them because they don’t want to be killed. There’s a terror still in the soul of some of the people in Iraq; they’re worried about getting killed, and, therefore, they’re not going to talk. But it will all settle out, John. We’ll find out the truth about the weapons at some point in time. However, the fact that he had the capacity to make them bothers me today, just like it would have bothered me then. He’s a dangerous man. He’s a man who actually—not only had weapons of mass destruction—the reason I can say that with certainty is because he used them. And I have no doubt in my mind that he would like to have inflicted harm, or paid people to inflict harm, or trained people to inflict harm on America, because he hated us.” After justifying his military actions, Bush concludes: “I hope I—I don’t want to sound like I’ve made no mistakes. I’m confident I have. I just haven’t—you just put me under the spot here, and maybe I’m not as quick on my feet as I should be in coming up with one.” McClellan will write that he remains “stone-faced and motionless” as Bush manages to flounder through the question without actually admitting any mistakes. [US President, 4/19/2004; McClellan, 2008, pp. 204-208]
'Why Can't He Pull Up Some of Those Talking Points?' - McClellan’s first response is to blame himself for Bush’s inability to answer the question, then he has what he later calls a “counterreaction,” thinking: “Wait a second! We’re talking about the president of the United States here! He didn’t get to be president without being able to bat down a simple question. We’ve talked about mistakes. We’ve talked about 9/11. We’ve talked about the invasion of Iraq. Why can’t he pull up some of those talking points?” McClellan calls Bush’s answer “rambling, rather incoherent, and ultimately unsatisfying.”
A 'Cocksure' President - After the press conference, McClellan and White House communications director Dan Bartlett carefully approach the president. They agree among themselves that the Dickerson question had gone poorly, but know better than to broach the subject to Bush straight out. They begin, McClellan later recalls, by complimenting Bush on “hitting the right tone and getting his message across” on the government’s fight against terrorism. Then, McClellan will write: “Dan tactfully broached the awkward response of the Dickerson question. We had to bring it up in the little time we knew we could hold the president’s attention.” Bush says: “I kept thinking about what they wanted me to say—that it was a mistake to go into Iraq. And I’m not going to. It was the right decision.” McClellan will recall Bush’s tone as “cocksure and matter-of-fact, not testy.”
McClellan: Bush Unwilling to Admit Mistakes for Fear of Appearing Weak - McClellan will later reflect: “There were many other times, in private and in public, when the president defended the most fateful decision of his administration. But few will be remembered as vividly as the one he made that night. It became symbolic of a leader unable to acknowledge that he got it wrong, and unwilling to grow in office by learning from his mistake—too stubborn to change and grow.” McClellan believes Bush is afraid to admit a mistake for “fear of appearing weak,” and will write: “A more self-confident executive would be willing to acknowledge failure, to trust people’s ability to forgive those who seek redemption for mistakes and show a readiness for change.” McClellan will add that Bush was unwilling to risk “the personal pain he would have suffered if he’d had to acknowledge that the war against [Iraq] may have been unnecessary.” But, McClellan will conclude: “Bush was not one to look back once a decision was made. Rather than suffer any sense of guilt and anguish, Bush chose not to go down the road of self-doubt or take on the difficult task of honest evaluation and reassessment.” [McClellan, 2008, pp. 204-208]
Defending Bush - Representative Duncan Hunter (R-CA), chairman of the House Armed Services Committee, defends Bush’s refusal to admit any mistakes by saying Bush struck the proper tone with his questioners. “He was giving us a leadership statement on Iraq,” Hunter says, and adds, “That is not the right time for reporters to try to throw the president down on the analyst’s couch and have him try to tell them about all of his failings. He has to spend his time giving a vision of the future for the country.” [Los Angeles Times, 4/14/2004]
9/11 Commissioner Jamie Gorelick is attacked for her role in extending the ‘wall’. [Source: Associated Press / Charles Dharapak]Attorney General John Ashcroft’s testimony before the 9/11 Commission (see April 13, 2004) sparks a wave of attacks against 9/11 Commissioner Jamie Gorelick, who was Deputy Attorney General during the Clinton administration. In 1995 Gorelick played a leading role in extending the “wall,” a set of procedures that regulated the passage of information from FBI intelligence agents to FBI criminal agents and prosecutors (see March 4, 1995 and July 19, 1995). Ashcroft calls the wall “the single greatest structural cause for September 11.” The attacks include:
On April 14 James Sensenbrenner, chairman of the House Judiciary Committee, calls on Gorelick to resign because of her “crippling conflict of interest.” He says “the public cannot help but ask legitimate questions about her motives” and argues that the commission will be “fatally damaged” if she continues. Other Republican congresspersons repeat this call;
On April 16 House Majority Leader Tom Delay writes to Commission Chairman Tom Kean saying Gorelick has a conflict of interest and accusing the commission of “partisan mudslinging, circus-atmosphere pyrotechnics, and gotcha-style questioning,” as well as undermining the war effort and endangering the troops;
Criticism of Gorelick also appears in several media publications, including the New York Times, New York Post, National Review, Washington Times, and Wall Street Journal. For example, an op-ed piece published in the New York Times by former terrorism commissioners Juliette Kayyem and Wayne Downing says the commissioners are talking too much and should “shut up.” [National Review, 4/13/2004; National Review, 4/19/2004; Kean and Hamilton, 2006, pp. 200-203]
On April 22 Senator Christopher Boyd and ten other Republican senators write to the commission calling on Gorelick to testify in public;
On April 26 Congressman Lamar Smith and 74 other Republicans write to Gorelick demanding answers to five questions about her time as deputy attorney general;
On April 28 the Justice Department declassifies other memos signed by Gorelick;
In addition to hate mail, Gorelick receives a bomb threat, requiring a bomb disposal squad to search her home.
Commission Chairmen Tom Kean and Lee Hamilton will call this an “onslaught” and say her critics used the wall “as a tool to bludgeon Jamie Gorelick, implicate the Clinton administration, and undermine the credibility of the commission before we had even issued our report.” Gorelick offers to resign, but the other commissioners support her and she writes a piece for the Washington Post defending herself. [Washington Post, 4/18/2004; Kean and Hamilton, 2006, pp. 200-205] When the commission meets President Bush and Vice President Cheney at the end of the month (see April 29, 2004), Bush tells Kean and Hamilton he does not approve of memos being declassified and posted on the Justice Department’s website. At this point, the commissioners realize “the controversy over Jamie Gorelick’s service on the commission was largely behind us.” That afternoon, the White House publicly expresses the president’s disappointment over the memos and the effort to discredit Gorelick loses momentum. [Kean and Hamilton, 2006, pp. 208, 210]
Entity Tags: Lee Hamilton, Wayne Downing, Lamar Smith, Thomas Kean, Juliette Kayyem, Jamie Gorelick, James Sensenbrenner, Andrew McCarthy, John Ashcroft, Christopher Boyd, George W. Bush, Foreign Intelligence Surveillance Act, Tom DeLay
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
At a speech in Hershey, Pennsylvania, supporting the USA Patriot Act (see October 26, 2001), President Bush tells listeners that all US surveillance efforts are done with warrants from the Foreign Intelligence Surveillance Act (FISA) Court: “For years, law enforcement used so-called roving wire taps to investigate organized crime. You see, what that meant is if you got a wire tap by court order—and, by the way, everything you hear about requires court order, requires there to be permission from a FISA court, for example.… See, with court approval, we have long used roving wire taps to lock up monsters—mobsters. Now [with the Patriot Act in effect] we have a chance to lock up monsters, terrorist monsters.” [White House, 4/19/2004] The next day, Bush makes a similar claim during another pro-Patriot Act speech in Buffalo. He tells listeners: “[T]here are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking about wiretap, it requires—a wiretap requires a court order. Nothing has changed, by the way. When we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so. It’s important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution. But a roving wiretap means—it was primarily used for drug lords. A guy, a pretty intelligence drug lord would have a phone, and in old days they could just get a tap on that phone. So guess what he’d do? He’d get him another phone, particularly with the advent of the cell phones. And so he’d start changing cell phones, which made it hard for our DEA types to listen, to run down these guys polluting our streets. And that changed, the law changed on—roving wiretaps were available for chasing down drug lords. They weren’t available for chasing down terrorists, see? And that didn’t make any sense in the post-9/11 era. If we couldn’t use a tool that we’re using against mobsters on terrorists, something needed to happen. The Patriot Act changed that. So with court order, law enforcement officials can now use what’s called roving wiretaps, which will prevent a terrorist from switching cell phones in order to get a message out to one of his buddies.” [White House, 4/20/2004] Former AT&T senior technician Mark Klein (see July 7, 2009 and May 2004), who helped install the equipment used by the National Security Agency (NSA) and his firm to intercept foreign and domestic Internet communications (see January 16, 2004), will later say that Bush’s insistence that the administration gets court orders before wiretapping communications is false. AT&T, on behalf of the NSA, was monitoring “billions of messages a second,” Klein will write, all without court orders. [Klein, 2009, pp. 47-48] Klein will call Bush’s description of the surveillance program “disingenuous,” and continue: “They present it as about phone calls. They’re just watching a few bad people who make phone calls to al-Qaeda and the Middle East, and you notice they don’t talk about the Internet hardly at all. That part of it hasn’t been revealed, because if they did, Americans would realize it’s not just a few people; it’s everybody, because the data they’re handing over is not selected out. When you run fiber optics through a splitter and you send all that data to a secret room, there’s no selecting going on there at all.… They have no way of sifting it out unless they look through it later. Now they can claim, ‘Oh, we are right as rain; we’re only doing the legal thing and selecting out a few people that we’re legally entitled to,’ but that’s only after they get all the data. The analogy I use: If the government claims: ‘Well, when you do your taxes, why don’t you just write me a blank check and we’ll fill in the amount? Don’t worry. We’ll do it legal. We’ll fill in the right amount,’ would you do that? Nobody would trust the government by writing a blank check to them. It’s the same thing with the data we’re giving them.… [T]he Fourth Amendment specifically bans general warrants. It calls for specific warrants in which the things to be seized and the persons to be seized are specifically named. There’s a reason for that. It’s to protect against arbitrary government power. And what they’ve done is to trample over the Fourth Amendment by basically instituting a general warrant on the Internet.” [PBS Frontline, 5/15/2007]
Lynndie England dragging a prisoner nicknamed Gus on October 24, 2003. [Source: Public domain]CBS’s “60 Minutes II” airs the Abu Ghraib prison photos (see March 23, 2004) having learned that the New Yorker is about to publish a piece on abuses at Abu Ghraib. Bush reportedly first learns about these photos from the television report. [CBS News, 5/6/2004; Los Angeles Times, 5/6/2004; Baltimore Sun, 5/6/2004; St. Petersburg Times, 5/9/2004] Most of the photos show prisoners being forced to engage in humiliating sexual acts. For example in one photo a hooded naked man is forced to masturbate as a grinning female MP, Lynndie England, looks on, giving a thumbs-up. Another photo shows two naked hooded men, one standing, while the other is kneeling in front of him, simulating oral sex. The Bush administration will portray these forced acts of humiliation as the immature pranks of low ranking soldiers. But others will argue that the acts were ordered from above with the intent to exploit Arab culture’s conservative views with regard to sex and homosexuality (see 2002-March 2003). [New Yorker, 5/10/2004; New Yorker, 5/17/2004] A different picture shows a hooded-man with his arms spread and wires dangling from his fingers, toes, and penis. He was apparently told that if he fell off the box he would be electricuted. The tactic is known as the “The Vietnam,” an “arcane torture method known only to veterans of the interrogation trade” that had been first used by Brazilians in the 1970s. [Seattle Times, 5/14/2004; Newsweek, 5/24/2004 Sources: Darius Rejali] Another picture is of Manadel al-Jamadi who was killed after being “stressed” too much (see (7:00 a.m.) November 4, 2003). [New Yorker, 5/10/2004; New Yorker, 5/17/2004] “A generation from now,” one observer notes, “historians may look back to April 28, 2004, as the day the United States lost the war in Iraq.” [Washington Monthly, 11/2004]
There were no pictures allowed of the Bush and Cheney joint testimony before the 9/11 Commission. Here are commissioners Thomas Kean, Fred Fielding, and Lee Hamilton preparing to begin the testimony. [Source: New York Times]President Bush and Vice President Dick Cheney appear for three hours of private questioning before the 9/11 Commission. (Former President Clinton and former Vice President Al Gore met privately and separately with the Commission earlier in the month.) [New York Times, 4/30/2004; Washington Post, 4/30/2004]
Testifying Together, without Oaths or Recordings - The Commission permits Bush and Cheney, accompanied by White House counsel Alberto Gonzales, to appear together, in private, and not under oath. Author Philip Shenon will comment that most of the commissioners think this is an “obvious effort… to ensure that the accounts of Bush and Cheney did not differ on the events of 9/11.” [Shenon, 2008, pp. 342-343] Their testimony is not recorded. Commissioners can take notes, but these are censored by the White House. [Knight Ridder, 3/31/2004; Newsweek, 4/2/2004; New York Times, 4/3/2004]
Questions Similar to Those Asked of Clinton - The Commission draws its questions from a previously-assembled list of questions for Bush and Cheney that Commission members have agreed to ask. According to commissioner Bob Kerrey: “It’s essentially the same set of questions that we asked President Clinton with one exception, which is just what happened on the day of September 11th. What was your strategy before, what was your strategy on September 11, and what allowed the FAA to be so surprised by a hijacking?” [Washington Post, 4/29/2004]
'Three Hours of Softballs' - After Bush starts the meeting with an apology for an attack by Attorney General John Ashcroft on commissioner Jamie Gorelick (see April 13-April 29, 2004), the Democratic commissioners are disarmed. Commissioner Slade Gorton will comment: “They knew exactly how to do this. They had us in the Oval Office, and they really pulled the talons and the teeth out of many of the Democratic questions. Several of my colleagues were not nearly as tough in the White House as they were when we went in that day.” Author Philip Shenon will call it “three hours of softballs.” Some of the toughest questions are asked by Republican John Lehman, who focuses on money allegedly passed by an acquaintance of the Saudi ambassador’s wife to two of the hijackers (see December 4, 1999). Lehman will say that Bush “dodged the questions.” [Shenon, 2008, pp. 343-345]
Cheney Says Little - Although the Commission’s Democrats are expecting Bush to defer to the vice president in his responses, reportedly Bush “thoroughly dominate[s] the interview.” Philip Zelikow, the Commission’s executive director, will later recall that Cheney only “spoke five percent of the time.” [Draper, 2007, pp. 292] According to four unnamed individuals that are in the room during the meeting, Cheney “barely spoke at all.” [Gellman, 2008, pp. 344] Gorelick will say: “There was no puppeteering by the vice president. He barely said anything.” [Shenon, 2008, pp. 344]
Early Departure - Two commissioners, Lee Hamilton and Bob Kerrey, leave the session early for other engagements. They will later say they had not expected the interview to last more than the previously agreed upon two-hour length. [Associated Press, 5/1/2004]
'Unalloyed Victory' for Bush - The press’ reaction is so positive that Shenon will call the meeting an “unalloyed victory” for Bush. [Shenon, 2008, pp. 345]
Entity Tags: George W. Bush, 9/11 Commission, Alberto R. Gonzales, Bob Kerrey, Philip Zelikow, Richard (“Dick”) Cheney, Jamie Gorelick, Philip Shenon, Lee Hamilton, Slade Gorton
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
An image from the ABC broadcast ‘The Fallen.’ [Source: ABC / Poynter (.org)]ABC News reporter Ted Koppel, the anchor of the network’s late-night news show Nightline, marks the first anniversary of the end of what President Bush called “major combat operations” (see May 1, 2003) by reading alound the names of the US troops who have died in Iraq, and showing their pictures as he goes through the list. After the 35-minute segment, which Koppel titles “The Fallen,” he explains the rationale behind it. “Our goal tonight was to elevate the fallen above the politics and the daily journalism,” he says. “The reading tonight of those 721 names was neither intended to provoke opposition to the war nor was it meant as an endorsement. Some of you doubt that. You are convinced that I am opposed to the war. I am not, but that’s beside the point. I am opposed to sustaining the illusion that war can be waged by the sacrifice of the few without burdening the rest of us in any way.” [CNN, 5/1/2004]
Heavy Conservative Criticism - Author and media critic Frank Rich will call it “an unbelievably poignant roll call.” Others, mostly conservative pundits and lawmakers, disagree. Neoconservative pundit and editor William Kristol calls Koppel’s tribute a “stupid statement.” Fox News pundit Bill O’Reilly says the show might undermine morale if it tries to “exploit casualties in a time of war,” but fails to mention his own tribute to slain soldier Pat Tillman (see April 23, 2004 and April 29, 2004) the night before. [Rich, 2006, pp. 125] Brent Bozell, president of the conservative Media Research Center, criticizes what he calls the program’s “partisan nature,” and says its only goal is “to turn public opinion against the war.” [Associated Press, 5/1/2004]
Station Owners Order Broadcast Censored - The Sinclair Broadcast Group, a large regional consortium of local television stations whose executives are heavy donors to Republican campaigns, orders its eight ABC affiliates not to air Koppel’s broadcast. In its statement, Sinclair writes: “The action appears to be motivated by a political agenda designed to undermine the efforts of the United States in Iraq.… Mr. Koppel and Nightline are hiding behind this so-called tribute in an effort to highlight only one aspect of the war effort and in doing so to influence public opinion against the military action in Iraq.” The statement goes on to ask why ABC does not read the names of the thousands of Americans killed in the 9/11 attacks. Sinclair spokesman Mark Hyman says the broadcast is irrelevant: “Someone who died 13 months ago—why is that news? Those people did not die last week. It’s not an anniversary of the war, it’s not Memorial Day—so why this day? If this is Memorial Day, then go ahead and do it.” Hyman goes on to say of Koppel, “I think clearly here’s a guy who is opposed to the war and is trying to stir up public opposition to it,” and says that ABC is obviously trying to boost its ratings. Senator John McCain (R-AZ) calls the Sinclair decision “deeply offensive,” writing in a letter to Sinclair Broadcast Group president and CEO David Smith: “Your decision to deny your viewers an opportunity to be reminded of war’s terrible costs, in all their heartbreaking detail, is a gross disservice to the public, and to the men and women of the United States Armed Forces. It is, in short, sir, unpatriotic. I hope it meets with the public opprobrium it most certainly deserves.” Smith replies: “Our decision was based on a desire to stop the misuse of their sacrifice to support an anti-war position with which most, if not all, of these soldiers would not have agreed. While I don’t disagree that Americans need to understand the costs of war and sacrifices of our military volunteers, I firmly believe that responsible journalism requires that a discussion of these costs must necessarily be accompanied by a description of the benefits of military action and the events that precipitated that action.” [Greensboro News and Record, 4/30/2004; CNN, 5/1/2004; Jay Rosen, 5/1/2004; Associated Press, 5/1/2004; Rich, 2006, pp. 125] Jane Bright, who lost her son Sergeant Evan Ashcraft, writes in response: “The Sinclair Broadcast group is trying to undermine the lives of our soldiers killed in Iraq. By censoring Nightline they want to hide the toll the war on Iraq is having on thousands of soldiers and their families, like mine.” [Associated Press, 5/1/2004] Koppel says that any suggestion by Sinclair that he is “unpatriotic” or trying to “undermine the war effort” is “beneath contempt.” [CNN, 5/1/2004]
Media Watchdog Group Alleges Underlying Agenda - Robert McChesney of the media reform group Free Press says that Sinclair has an underlying motive in censoring the Nightline broadcast: “No one thinks for a second this decision has anything to do with journalism. It’s a politics-slash-business decision that Sinclair made because they don’t want to [anger] the White House.” Sinclair, a political supporter of the Bush administration, is trying to curry favor with the White House to bolster chances of gaining changes in station ownership rules, McChesney says. “The stench of corruption here is extraordinary.” [Associated Press, 5/1/2004]
Political Statement? - Koppel says he has no intention of making any sort of “political statement” by airing the segment. “I don’t want it to make a political statement. Quite the contrary,” he says. “My position on this is I truly believe that people will take away from this program the reflection of what they bring to it.… Why, in heaven’s name, should one not be able to look at the faces and hear the names and see the ages of those young people who are not coming back alive and feel somehow ennobled by the fact that they were willing to give up their lives for something that is in the national interest of all of us?” New York University journalism professor Jay Rosen disagrees. “Despite what he said about it,” Rosen writes, “Ted Koppel and Nightline were making a political statement last night by reading the names of ‘the fallen’ in Iraq. And there is nothing wrong with that—although it is risky because many will object.… By refusing to air the show… Sinclair Broadcasting, the country’s largest owner of television stations, was making a political statement right back.… Nothing intrinsically wrong with that, either, although it is risky and many will object.” ABC makes a political statement by choosing to air the segment, not only on the airwaves, but on the Jumbotron in New York City’s Times Square. And ABC affiliates who decide to ignore Sinclair’s order and air the broadcast are making their own political statement. [Al Tompkins, 4/30/2004; Jay Rosen, 5/1/2004]
Undermining Public Support of War? - Many pundits who argue against the Nightline memorium say that to air such a segment would undermine public support for the war, an argument which Rich later answers: “If the country was as firmly in support of this war as Bush loyalists claimed, by what logic would photographs of its selfless soldiers, either of their faces or their flag-draped coffins (see April 18, 2004 and After), undermine public opinion?” [Rich, 2006, pp. 125] Sue Niederer, who lost her son, Second Lieutenant Seth Dvorin, to a roadside bomb, says: “I feel it’s extremely important that the American people put a face and a name to the dead. When you just listen to a number, you don’t think about what may be behind that—that there’s a family, that there’s actually a person who has lost their life.” [CNN, 5/1/2004] Tim Holmes, who lost his son, Specialist Ernest Sutphin, says of Koppel’s broadcast: “That’s something I’d like to see. I feel like people have a right to see something like that—what’s going on over there.” Marine reservist Chief Warrant Officer David Dennis adds: “Let the American people know the Marines who have died, and everyone who has died. The people need to know who it is that is going out there and making the ultimate sacrifice for them.” [Greensboro News and Record, 4/30/2004] “We should be honoring all the men and women who have served,” says Ivan Medina, who lost his twin brother, Irving Medina. “My hat goes off to Nightline.” [Associated Press, 5/1/2004]
Fox News Responds - Fox News reporter and anchor Chris Wallace says his network will “answer” Koppel’s broadcast by airing its own segment: “[W]e here at Fox News Sunday are going to put together our own list, a list of what we’ve accomplished [in Iraq], with the blood, sweat, and yes, lives of our military.” [Jay Rosen, 5/1/2004]
Entity Tags: William Kristol, Fox News, Tim Holmes, Ted Koppel, ABC News, Bill O’Reilly, Brent Bozell, David Smith, Sue Niederer, Evan Ashcraft, Chris Wallace, David Dennis, Sinclair Broadcast Group, Ernest Sutphin, Robert McChesney, Ivan Medina, Irving Medina, George W. Bush, Seth Dvorin, Frank Rich, Jane Bright, Jay Rosen, Free Press, Mark Hyman, John McCain, Media Research Center, Pat Tillman
Timeline Tags: Domestic Propaganda
Major General Geoffrey Miller says during a Coalition Provisional Authority briefing that while physical contact between the interrogator and detainees is prohibited, “sleep deprivation and stress positions and all that could be used—but they must be authorized.” (see April 16, 2003) But as Amnesty International later notes in a letter to George Bush, “The United Nations Committee against Torture, the expert body established by the Convention against Torture (see October 21, 1994) has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman, or degrading treatment.” [Amnesty International, 5/7/2004]
President Bush appears on two Arab television channels, the US-funded Al-Hurra network and the Al-Arabiya satellite channel. The interviews last ten minutes for each station. He says: “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.” He adds: “The America that I know has sent troops to Iraq to promote freedom.” [CBS News, 5/5/2004] During the interviews, Bush is not asked to make an apology and nor does he offer one. [BBC, 5/5/2004] Later in the day, White House spokesman Scott McClellan uses the word “sorry” a half-dozen times. “The president is sorry for what occurred and the pain it has caused.” Asked why the president has not apologized himself, McClellan says: “I’m saying it now for him.” [CBS News, 5/5/2004]
Speaking about the Abu Ghraib scandal (see April 28, 2004), President Bush promises a “full investigation.” In an interview with Al Arabiya, he says: “It’s important for people to understand that in a democracy, there will be a full investigation. In other words, we want to know the truth. In our country, when there’s an allegation of abuse… there will be a full investigation, and justice will be delivered.… It’s very important for people and your listeners to understand that in our country, when an issue is brought to our attention on this magnitude, we act. And we act in a way in which leaders are willing to discuss it with the media.… In other words, people want to know the truth. That stands in contrast to dictatorships. A dictator wouldn’t be answering questions about this. A dictator wouldn’t be saying that the system will be investigated and the world will see the results of the investigation.” [White House, 5/5/2004] In April 2009, after significant revelations of Bush torture policies have hit the press (see April 16, 2009 and April 21, 2009), Atlantic columnist Andrew Sullivan will write: “Bush personally authorized every technique revealed at Abu Ghraib. He refused to act upon the International Committee of the Red Cross’s report that found that he had personally authorized the torture of prisoners, in violation of the Geneva Conventions and the UN Convention on Torture and domestic law against cruel and inhuman treatment. A refusal to investigate and prosecute Red Cross allegations of torture is itself a violation of the Geneva Accords.” [Atlantic Monthly, 4/27/2009]
Vice President Dick Cheney is interviewed in his office by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Cheney is asked if he knows who, if anyone, in the White House might have leaked Plame Wilson’s identity to the press. He is asked about conversations with his senior aides, including his chief of staff, Lewis “Scooter” Libby. He is also asked whether he knows of any concerted effort by White House officials to leak Plame Wilson’s identity. Cheney is not questioned under oath, and has not been asked to testify before the grand jury. He is represented by two lawyers, Terrence O’Donnell and Emmet Flood. [Federal Bureau of Investigation, 5/8/2004 ; New York Times, 6/5/2004]
Cheney Evades, Refuses to Answer Questions - In October 2009, an FBI interview summary regarding Cheney’s testimony will be released (see October 1, 2009). According to the document, Cheney equivocates or refuses to answer 72 times during his interview, either saying he cannot be certain about the information requested, or that he does not know.
Denies Informing Libby about Plame Wilson's CIA Status - One of the most fundamental questions Cheney is asked is about how Libby learned about Plame Wilson’s identity. Libby’s own notes indicate that he learned it from Cheney, and that he had shared his notes with Cheney in late 2003 (see Late September or Early October, 2003), in defiance of instructions from the FBI and the White House counsel’s office not to share information with colleagues (see September 29-30, 2003). But in his testimony, Cheney “cannot recall Scooter Libby telling him how he first heard of Valerie Wilson. It is possible Libby may have learned about Valerie Wilson’s employment from the vice president… but the vice president has no specific recollection of such a conversation.” [Federal Bureau of Investigation, 5/8/2004 ; Associated Press, 11/2/2009] Cheney testifies that contrary to the evidence, he learned of Plame Wilson’s CIA status from Libby, who informed him that a number of reporters had contacted Libby in July 2003 to say that Plame Wilson had been responsible for arranging her husband’s trip to Niger to investigate the Niger uranium claims. Cheney says that the next time he heard about Plame Wilson and her connection to her husband was when he read Robert Novak’s article outing her as a CIA officer (see July 14, 2003). Cheney is lying; he informed Libby of Plame Wilson’s identity (see (June 12, 2003)).
Denies Knowledge of Wilson Trip to Niger - He also denies knowing that Plame Wilson’s husband, war critic and former ambassador Joseph Wilson, was sent to Niger to investigate claims that Iraq was attempting to buy uranium from that country (see (February 13, 2002) and February 21, 2002-March 4, 2002), and says the CIA never briefed him about Wilson’s trip (see March 5, 2002). Future testimony will challenge Cheney’s claims, as witnesses will testify that Cheney, Libby, Deputy National Security Adviser Stephen Hadley, the Defense Department, the State Department, the Defense Intelligence Agency, the Joint Chiefs of Staff, the National Security Council, and President Bush were all given copies of a CIA cable sent to Cheney’s office that debunked the Niger claims (see December 2001, Shortly after February 12, 2002, March 5, 2002, February 12, 2002, March 8, 2002, October 15, 2002, Mid-October 2002, October 18, 2002, January 2003, and March 8, 2003). [Federal Bureau of Investigation, 5/8/2004 ; Truthout (.org), 2/15/2006]
Refuses to Answer about WMD NIE - Prosecutor Patrick Fitzgerald, leading the interview, presses Cheney to discuss evidence that shows he pressured Bush to quickly declassify portions of the October 2002 National Intelligence Estimate on Iraqi WMD (see October 1, 2002) for the purpose of making the case for invading Iraq. Libby provided selected NIE information to New York Times reporter Judith Miller while simultaneously leaking Plame Wilson’s identity to her (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and other reporters. Cheney refuses to confirm that he discussed anything regarding the NIE with Bush, saying that he could not comment on any private or privileged conversations he may have had with the president. Libby has already testified to the declassification of the NIE, telling prosecutors that he talked to Miller following the “president’s approval relayed to me through the vice president.”
Insists Plame Wilson's Identity Never Used to Discredit Husband - Cheney insists that no one in the White House ever talked about leaking Plame Wilson’s CIA status to the press in an attempt to discredit her husband. There was never any discussion, Cheney says, of “pushing back” on Wilson’s credibility by raising the issue of nepotism, the fact that his wife worked for the CIA, the same agency that dispatched him to Niger to run down the report of an agreement to supply uranium to Iraq. In his own testimony, Libby was far less emphatic, saying “[i]t’s possible” he may have discussed the idea with Cheney. Both men lie in their testimony (see March 9, 2003 and After, May 2003, June 3, 2003, June 9, 2003, June 11 or 12, 2003, (June 11, 2003), 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), June 19 or 20, 2003, July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and 7:35 a.m. July 8, 2003). [Federal Bureau of Investigation, 5/8/2004 ; Associated Press, 11/2/2009] Cheney tells prosecutors that he and his office were merely interested in rebutting Wilson’s criticisms of the war effort, and wanted to dispel the notion among some reporters that he had selected Wilson for the Niger trip. In 2006, an attorney close to the case will say: “In his testimony the vice president said that his staff referred media calls about Wilson to the White House press office. He said that was the appropriate venue for responding to statements by Mr. Wilson that he believed were wrong.” [Federal Bureau of Investigation, 5/8/2004 ; Truthout (.org), 2/15/2006] In June 2009, the Department of Justice will reveal that Cheney and Bush had discussed the leak in a “confidential conversation” and “an apparent communication between the vice president and the president.” [Truthout (.org), 7/7/2009]
Entity Tags: Terrence O’Donnell, US Department of State, Valerie Plame Wilson, Stephen J. Hadley, US Department of Defense, Robert Novak, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Emmet Flood, Defense Intelligence Agency, Bush administration (43), Federal Bureau of Investigation, George W. Bush, Joint Chiefs of Staff, National Security Council, Judith Miller, Joseph C. Wilson, Richard (“Dick”) Cheney, US Department of Justice
Timeline Tags: Niger Uranium and Plame Outing
US Secretary of State Colin Powell says, “We kept the president informed of the concerns that were raised by the [International Committee of the Red Cross] and other international organizations as part of my regular briefings of the president, and advised him that we had to follow these issues, and when we got notes sent to us or reports sent to us… we had to respond to them, and the president certainly made it clear that that’s what he expected us to do.” (see (May 2003-May 2004)) [Baltimore Sun, 5/12/2004]
The lobbying organization Citizens United (CU) runs a television advertisement featuring the father of a firefighter killed in the aftermath of the 9/11 attacks. The father, Jimmy Boyle, says in the ad: “On September 11, terrorists murdered nearly 3,000 Americans, including 346 firefighters, one of which was my son, Michael. I lost my son. I spoke to him that day. He went to work that morning, and he had died for a reason: because somebody hates America. And that day, George Bush became a leader, a war president.” CU is spending $100,000 to run the ad for a week in Ohio, Pennsylvania, West Virginia, Wisconsin, and Washington, DC. CU is led by Republican political operative David Bossie (see May 1998). [Washington Post, 5/11/2004; Media Matters, 5/11/2004]
Shafiq Rasul and Asif Iqbal allege in an open letter to President Bush, that the treatment of prisoners at Guantanamo resembles that of detainees at Abu Ghraib. “From the moment of our arrival at Guantanamo Bay (and indeed from long before) we were deliberately humiliated and degraded,” they write. Women would “inappropriately provoke and indeed molest them. It was completely clear to all the detainees that this was happening to particularly vulnerable prisoners, especially those who had come from the strictest of Islamic backgrounds.”
President Bush, referring to the Abu Ghraib scandal, alleges it is “the cruelty of a few” that “has brought discredit to their uniform and embarrassment to our country.”
[US President, 5/24/2004]
Rene Lerner, a deputy assistant attorney general in the Office of Legal Counsel (OLC), and Justice Department lawyer Adrien Silas send a memo to Assistant Attorney General William Moschella. The memo will remain classified, but the American Civil Liberties Union (ACLU) will learn that it pertains to the so-called “McCain Amendment,” later known as the Detainee Treatment Act (see December 15, 2005). President Bush will sign the bill into law, but will include a signing statement that states the administration will not follow the law because it impinges on the president’s constitutional authority to conduct military operations (see December 30, 2005). It is unclear whether Bush’s signing statement is influenced by the memo. [ProPublica, 4/16/2009]
Conservative radio host Michael Savage marks the 50th anniversary of the historic civil rights case Brown v. Board of Education by saying, “Everything about [the case] is sickening.” Savage criticizes President Bush for “trying to outmaneuver [Democratic presidential candidate John] Kerry on the race issue” by being photographed “hugging people of color” at a church in Birmingham, Alabama. Savage calls the idea that there is racism in America “left-wing brainwashing.… [W]hat, racism still exists? Well okay, where does it still exist? Can you tell me of some minority here who can’t get ahead in this country if he’s smart, or she’s smart, and she pushes, as much as a white person?… In fact they’re given priority treatment everywhere, you know that.” Savage calls a recent claim by Kerry that schools remain underfunded and divided by income “rubbish, pure rubbish,” and implies that African-American children will perform at lower levels than their white counterparts no matter how equal funding is: “I can show you one minority school after another, with more funding per capita than surrounding, suburban white schools, and the kids still do badly. Okay? Take that—put that in your pipe and smoke it, and go explain it to yourself, because I know the reasons why.” [Media Matters, 5/21/2004]
In an e-mail, an “On Scene Commander” of the FBI in Baghdad refers to an executive order by President Bush allowing aggressive interrogation techniques to be used at any rate in Iraq by Task Force 6-26, which is the new name for JTF-121. These techniques include sleep deprivation, stress positions, loud music, yelling, stripping, dogs, and hooding. The executive order is still in use even though the use of hooding, stress positions, dogs, and stripping at Guantanamo and in Afghanistan were prohibited on January 15, 2003 (see January 15, 2003). Since the FBI agent has been ordered to report instances of abuse (see May 19, 2004), he notes a dilemma: would the techniques authorized by the executive order constitute abuse or not? He writes: “This instruction begs the question of what constitutes ‘abuse.’ We assume this does not include lawful interrogation techniques authorized by executive order.” A week before, apparently as a result of the unfolding of the Abu Ghraib scandal, some techniques described in the executive order could only be used with special approval from top levels in the hierarchy. Thus, the FBI agent says in his e-mail: “[W]e will still not report the use of these techniques as ‘abuse’ since we will not be in a position to know whether, or not, the authorization for these tactics was received from the aforementioned high-level officials. We will consider as abuse any physical beatings, sexual humiliation or touching, and other conduct clearly constituting abuse. Yet, there may be a problem if OGC [FBI Office of General Counsel] does not clearly define ‘abuse’ and if OGC does not draw a clear line between conduct that is clearly abusive and conduct that, while seemingly harsh, is permissible under applicable Executive Orders and other laws. In other words, we know what’s permissible for FBI agents but are less sure what is permissible for military interrogators.” [FBI, 5/14/2004]
The Bush administration, pressured by increasingly harsh condemnations from the presidential campaign of Democrat John Kerry, grudgingly agrees to consider opening bilateral talks with North Korea over that country’s restarted nuclear program. Previously, the US had been one of six nations involved in such negotiations, which have gone nowhere in large part due to US intransigence (see August 2003). The Bush administration has also insisted on the importance of Chinese involvement in the talks, which serves to raise China’s profile in the region and lower the US’s. Bush officials offer North Korea a deal in which that nation would provide an accounting of all its nuclear facilities; in return the US would broker a resumption of fuel oil shipments to the North by South Korea, Japan, China, and Russia, and would consider drafting security assurances (see December 12, 2003) and lifting economic sanctions. Instead of accepting, North Korea chooses to wait and see if Kerry can oust President Bush from the White House. [Scoblic, 2008, pp. 242]
Citing personal reasons, CIA Director George Tenet announces he will be stepping down in the next month. President Bush praises Tenet’s service, but there is widespread agreement that significant intelligence failures occurred during his tenure, most strikingly 9/11 itself. Sources also suggest that Tenet, originally a Clinton appointee, has been made a convenient scapegoat for Bush administration intelligence failures in Iraq and elsewhere. [CNN, 6/4/2004; Independent, 6/4/2004] Tenet and the Bush administration are expecting harsh criticism from several reports expected to find serious failures in intelligence gathering and analysis related to the 9/11 attacks. Most damaging is an upcoming Senate Intelligence Committee report expected to single out the CIA for errors in its judgments before the Iraq war (see June-November 2004). Committee chairman Pat Roberts (R-KS) has warned the administration that the report will be so harsh that questions will be raised as to whether senior CIA officials should be held accountable. Tenet will be replaced by Deputy Director John McLaughlin until a replacement is named, and will eventually be replaced by Porter Goss (see September 24, 2004). A friend of Tenet’s, former Deputy Director Richard Kerr, says that Tenet “may have believed that he was hurting the president. He’s an honorable person, and he may have had that as a consideration.” Former Democratic senator David Boren, a close friend and mentor of Tenet’s, says Tenet is not leaving because of criticisms likely to be leveled at either him or the agency: “If criticism either actual or anticipated was a factor, he would have left a long time ago. It’s been months of his desiring to leave.” Bush has asked Tenet to remain in the job several times over the past few months. When Tenet told Bush of his intentions to leave on June 2, Bush asked him to stay through the end of the year. Tenet replied that summer is a natural break point and a good time for him to depart. All the camaraderie and mutual praise between the two men aside, many believe that Tenet is departing in part because he is seen as a possible political liability for Bush. Senator Richard Shelby (R-AL) says, “I don’t think there are any tears over there” in the White House over Tenet’s departure. Former Senator Bob Graham (D-FL) believes that Tenet was in some way pushed to leave. “This president has been enamored of George Tenet, and has been reluctant to hold him or anyone else accountable, and that failure was becoming a bigger and bigger liability,” he says. According to Graham, Bush announces Tenet’s resignation for his own political well-being, “under circumstances where he is at the crime scene as short as possible.” Apparently, senior White House officials such as Vice President Dick Cheney and Secretary of State Colin Powell learn of Tenet’s resignation just a few moments before it is announced to the press. Two Congressmen who knew last night of the resignation were Goss (R-FL) and John Warner (R-VA), the chairmen of the House Intelligence and Senate Armed Services Committees, respectively. [New York Times, 6/4/2004]
Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Richard Shelby, Pat Roberts, Richard Kerr, Porter J. Goss, John E. McLaughlin, George W. Bush, John W. Warner, Bush administration (43), Central Intelligence Agency, Daniel Robert (“Bob”) Graham, David Boren, Colin Powell, George J. Tenet
Timeline Tags: Complete 911 Timeline, Iraq under US Occupation
The New York Times learns that President Bush is retaining the services of lawyer James Sharp to represent him in the Valerie Plame Wilson identity leak case (see December 30, 2003). Sharp has represented numerous high-profile clients, including two key figures in the Nixon Watergate scandal, a senator accused of bribery, and Enron’s Kenneth Lay. Friends and colleagues describe Sharp as “an absolutely superb trial lawyer,” but “a very private guy.” Sharp’s political leanings are unclear, but his donation records show that he has regularly given more money to Democratic candidates than Republican, including contributing to the campaign of Bush’s challenger, Senator John Kerry (D-MA). He has represented both Democrats and Republicans in a variety of court cases. He is a former Navy lawyer with the Judge Advocate General Corps, and has served as a federal prosecutor. [New York Times, 6/5/2004]
Attorney General John Ashcroft tells a Senate committee, “This administration rejects torture.”
[Guardian, 6/9/2004] When asked whether torture might be justified in certain situations, Ashcroft responds, “I condemn torture. I don’t think it’s productive, let alone justified.”
[Washington Post, 6/8/2004] With regard to President Bush’s involvement, he says: “Let me completely reject the notion that anything that this president has done or the Justice Department has done has directly resulted in the kind of atrocity which were cited. That is false.”
[Guardian, 6/9/2004] Ashcroft adds, “There is no presidential order immunizing torture.”
[Washington Post, 6/8/2004]
A former senior government official says President Bush “felt very keenly that his primary responsibility was to do everything within his power to keep the country safe, and he was not concerned with appearances or politics or hiding behind lower-level officials. That is not to say he was ready to authorize stuff that would be contrary to law. The whole reason for having the careful legal reviews that went on was to ensure he was not doing that.”
[Washington Post, 6/9/2004]
During the annual G-8 economic summit, held in Sea Island, Georgia [2004 G8 Summit, 2004] , President Bush rejects the notion that he approved the use of torture. “The authorization I gave,” the president says, “was that all we did should be in accordance with American law and consistent with our international treaty obligations. That’s the message I gave our people.” He adds, “What I authorized was that we stay within the framework of American law.” And to emphasize his point, he says: “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] During the summit, the foreign ministers of the participating countries are suddenly called to Washington to meet with Bush and Secretary of State Colin Powell. As Canadian Foreign Minister Bill Graham will later recall: “Colin suddenly phoned us all up and said, ‘We’re going to the White House this morning.’ Now, this is curious, because normally the heads of government don’t give a damn about foreign ministers. We all popped in a bus and went over and were cordially received by Colin and President Bush. The president sat down to explain that, you know, this terrible news had come out about Abu Ghraib and how disgusting it was. The thrust of his presentation was that this was a terrible aberration; it was un-American conduct. This was not American. [German Foreign Minister] Joschka Fischer was one of the people that said, ‘Mr. President, if the atmosphere at the top is such that it encourages or allows people to believe that they can behave this way, this is going to be a consequence.’ The president’s reaction was: ‘This is un-American. Americans don’t do this. People will realize Americans don’t do this.’ The problem for the United States, and indeed for the free world, is that because of this—Guantanamo, and the ‘torture memos’ from the White House (see November 6-10, 2001 and August 1, 2002), which we were unaware of at that time—people around the world don’t believe that anymore. They say, ‘No, Americans are capable of doing such things and have done them, all the while hypocritically criticizing the human-rights records of others.’” [Vanity Fair, 2/2009]
A reporter asks President Bush in reference to allegations that White House officials leaked the identity of CIA official Valerie Plame Wilson, “[D]o you stand by your pledge to fire anyone found to have done so” (see September 29, 2003)? Bush responds: “Yes. And that’s up to the US Attorney to find the facts.” [White House, 6/10/2004] Bush will later modify his position to say that he would fire anyone convicted of a criminal offense (see July 18, 2005), and will refuse to fire White House political strategist Karl Rove (see July 13, 2005) after he admits to being one of the leakers (see July 10, 2005).
During a press conference, President Bush is asked, “[D]o you stand by your pledge to fire anyone found to have” leaked CIA agent Valerie Plame Wilson’s name to the press? Bush replies, “Yes.” [White House, 6/10/2004] Not only will Bush not fire either his chief political adviser Karl Rove or Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, when evidence clearly shows both men leaked Plame Wilson’s name to the media, but when Libby is later convicted of lying about his leaks and obstructing justice in the investigation, Bush will commute his sentence, ensuring that Libby does not pay for his crimes (see July 2, 2007).
President Bush repeats the US government claim that al-Qaeda had links to the Saddam Hussein government of Iraq, suggesting that militant Abu Musab al-Zarqawi is the link between the two. “Al-Zarqawi’s the best evidence of a connection to al-Qaeda affiliates and al-Qaeda. He’s the person who’s still killing.” [CNN, 6/15/2004]
President Bush defends Vice President Dick Cheney’s claim this week that Saddam Hussein had longstanding ties with al-Qaeda. Speaking at a news conference with Afghan president Hamid Karzai, Bush asserts that Hussein “had ties to terrorist organizations.” He does not mention al-Qaeda by name. The day before, Cheney claimed that Hussein was “a patron of terrorism” and said “he had long established ties with al-Qaeda” (see June 14, 2004). [Boston Globe, 6/16/2004]
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