Profile: John Ashcroft
Positions that John Ashcroft has held: - Attorney General (2001-)
- US Senator, Republican
Quotes June 10, 2002
“In apprehending [Padilla] as he sought entry into the United States, we have disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive ‘dirty bomb’ .”
[CBS News, 6/10/2002]
Associated Events June 8, 2004
“This administration rejects torture.”
[Guardian, 6/9/2004]
Associated Events
John Ashcroft was a participant or observer in the following events: Page 1 of 2 (158 events) previous | 1, 2 | next Attorney General Janet Reno, who signed the 1995 Procedures memo. [Source: US Department of Justice]The Justice Department issues the “wall” memo, a later heavily criticized memo that establishes procedures to regulate the flow of information from FBI intelligence investigations to criminal investigators and prosecutors. Such procedures already exist, but this “wall” is now formalized and extended. The memo is signed by Attorney General Janet Reno, but is based on a similar one recently issued by Deputy Attorney General Jamie Gorelick governing the 1993 WTC bombing cases (see March 4, 1995). The wall exists to prevent defendants from successfully arguing in court that information gathered under a warrant issued under the Foreign Intelligence Surveillance Act (FISA) should not be used in a criminal prosecution, as the standard for obtaining a FISA warrant is considered to be lower than that for obtaining a criminal search warrant (see Early 1980s). Such arguments are usually unsuccessful, according to the Justice Department’s Office of Legal Counsel, which believes that courts are showing “great deference” to the government when such challenges are made. The procedures, which now apply to all intelligence investigations regardless of whether or not a FISA warrant has been issued, state that the FBI must consult the Justice Department’s Criminal Division, not local United States Attorneys’ offices, about intelligence investigations when it is considering starting a parallel criminal investigation, and that it must do so when there is reasonable indication of a significant federal crime. This means that FBI headquarters has veto power over whether a field office can contact a local prosecutor about an intelligence investigation. However, Criminal Division prosecutors should only be consulted and cannot control an investigation. [Office of the Attorney General, 7/19/1995; US Department of Justice, 11/2004, pp. 25-30 ] These procedures will be implemented in such a way that even greater restrictions are placed on information sharing (see (Late 1995-1997)), although a partial exception will be created for the Southern District of New York, which handles a lot of terrorism work (see August 29, 1997). The procedures will also be much criticized for the way they are implemented in the FBI (see July 1999). The increased barriers to information sharing often mean that the FBI monitors terrorists as before, but the information does not get passed to criminal investigators, so the cells carry on operating in the US and the FBI carries on monitoring them. For example, the FBI monitors a Florida-based cell that funds and recruits for jihad throughout the world for nearly a decade before it is rolled up (see (October 1993-November 2001)). Some money raised by terrorism financiers in the US goes to Bosnia, where the US has a policy of enabling covert support for the Muslim side in the civil war (see April 27, 1994). Prosecutor Andrew McCarthy will later call the wall a “rudimentary blunder,” and say that it “was not only a deliberate and unnecessary impediment to information sharing; it bred a culture of intelligence dysfunction.” [National Review, 4/13/2004] John Ashcroft, Attorney General in the Bush Administration (see April 13, 2004), will say that “Government buttressed this ‘wall’,” and will call it the “single greatest structural cause for September 11.” [9/11 Commission, 4/13/2004] US Immigration and Naturalization Services (INS) agents arrest Mahnaz Samadi, a leading spokeswoman for the National Council of Resistance, at the Canadian border because several years earlier, when she was seeking political asylum in the US, she had not disclosed her past “terrorist” ties as an MEK “military commander” or the fact that she had trained in an MEK camp that was located in Iraq. Hearing about the case from his constituents, Missouri Senator John Ashcroft comes to the rescue and writes a letter on May 10, 2000 to Attorney General Janet Reno opposing Samadi’s arrest. In his letter, he calls her a “highly regarded human-rights activist.” [Newsweek, 9/26/2002; Slate, 3/21/2003; US Department of State, 4/30/2003] When the Iranian National Council of Resistance, a front group for the militant Mujahedeen-e Khalq (MEK), holds a demonstration outside the United Nations protesting a speech by Iranian President Mohammed Khatami, Republican Senators Ashcroft and Chris Bond from Missouri issue a joint statement expressing solidarity with the organization. [Newsweek, 9/26/2002; Slate, 3/21/2003; US Department of State, 4/30/2003] Attorney General John Ashcroft. [Source: US Department of Justice]Attorney General John Ashcroft talks with FBI Director Louis Freeh before an annual meeting of special agents. Ashcroft lays out his priorities, which according to one participant is “basically violent crime and drugs.” Freeh bluntly replies that those are not his priorities and he talks about counterterrorism. “Ashcroft does not want to hear about it,” says one witness. [Newsweek, 5/27/2002] Royce Lamberth’s letter to John Ashcroft, obtained by the 9/11 Timeline by Freedom of Information Act request. [Source: Foreign Intelligence Surveillance Court]The Justice Department’s Office of Intelligence Policy and Review (OIPR) discovers that an application for a warrant under the Foreign Intelligence Surveillance Act (FISA) is misleading. The application is for surveillance of the Palestinian militant group Hamas and the supporting affidavit was signed by FBI agent Michael Resnick. The Justice Department’s Office of Professional Responsibility (OPR) is already investigating dozens of similar errors in FISA warrants for surveillance of al-Qaeda targets in the US (see Summer 2000-September 11, 2001). The application is misleading because its does not accurately describe the “wall” procedures being followed by several FBI field offices. Wall procedures regulate the passage of information from FBI intelligence agents to FBI criminal agents and local US attorneys’ offices. The misleading description is also found in another 14 warrant applications for surveillance of Hamas. The impact of the misleading statements in the Hamas investigations has not been disclosed, but in the al-Qaeda cases the wall was breached because criminal agents had unrestricted access to intelligence information (see Summer-October 2000). Royce Lamberth, Presiding Judge on the FISA Court, writes to Attorney General John Ashcroft saying it will no longer accept any applications where the supporting affidavit is signed by Resnick and asking for an immediate inquiry. [Foreign Intelligence Surveillance Court, 3/9/2001 ; New York Times, 9/19/2001; New York Times, 5/27/2002; Washington Post, 8/23/2002; Arab News, 3/3/2004; US Department of Justice, 11/2004, pp. 39 ] The Justice Department’s investigation into the misleading applications finds that “none of [them]… were the result of professional misconduct or poor judgement,” but that “a majority of the errors were the result of systemic flaws.” [US Department of Justice, 11/2004, pp. 40 ] Following the discovery of the errors in the FISA applications, surveillance of al-Qaeda and Hamas targets in the US is curtailed (see April 2001). Resnick remains with the bureau and will become head of the Joint Terrorism Task Force in North Carolina and then chief of the Terrorist Identities Group at the FBI’s National Counter Terrorism Center. [US Congress, 3/30/2006; WCNC, 6/20/2006] Mary Schneider, a veteran Immigration and Naturalization Service (INS) employee in Orlando, Florida, writes to Attorney General John Ashcroft to warn that a ring of corrupt INS officers is taking bribes from illegal Moroccan and Egyptian immigrants. She is concerned some of these illegal aliens let into the country could have ties to terrorist organizations, and calls for an investigation. Schneider started complaining to her supervisors in 1998 and claims she was retaliated against by management. In May 1999, she wrote to the FBI’s anti-terrorism joint task force in New York to warn of the possible terrorist ties of some of the illegal immigrants allowed into the country by her office. She says some of them could be linked to Ihab Ali Nawawi, an Orlando taxi driver arrested in 1999 for his ties to Osama bin Laden (see May 18, 1999). It is not known what actions, if any, were taken as a result of her warnings. [New Times Broward-Palm Beach, 11/8/2001] David Schippers, the House Judiciary Committee’s chief investigator in the Clinton impeachment trial, was hired to represent FBI agent Robert Wright in September 1999 (see August 3, 1999). After 9/11, Schippers will claim that he began privately informing congresspeople about Wright’s investigation into terrorism financing in the US in early 2001, but found little interest (see February-March 2001). Schippers appears to have had different sources than Wright who began telling him about attack warnings. Supposedly, the first warning was based on a secret February 1995 report which stated that bin Laden was planning three attacks on the US: the bombing of a federal building in the heartland of the US, shooting down or blowing up an airplane, and a massive attack in lower Manhattan. Schippers believes the first warning was a prediction of the April 1995 Oklahoma City bombing (see April 19, 1995) and the second was a prediction of the 1996 explosion of TWA Flight 800 (see July 17, 1996-September 1996). In some versions of this warning, the Manhattan attack was meant to be caused by a “dirty bomb” - explosives mixed with radioactive materials - but other accounts described the use of planes as weapons instead. He says one of his sources for this early warning was Yossef Bodansky, director of the Congressional Task Force on Terrorism and Unconventional Warfare. Schippers will claim that his sources continued to uncover further information. The Manhattan warning “had started out just a general threat, but they narrowed it and narrowed it, more and more with time,” until the “same people who came out with the first warning” tell him in May 2001 that “an attack on lower Manhattan is imminent.” Schippers speaks to several FBI agents directly, and hears that “there are [other agents] all over the country who are frustrated and just waiting to come out.” They are frustrated by “a bureaucratic elite in Washington short-stopping information,” which gives “terrorism a free reign in the United States.” Schippers later claims that some FBI agents later told him that before 9/11, “they had [Mohamed] Atta in their sights.” They also had attempted to “check out” the names and activities of “very strange characters training at flight schools.” He will claim that “FBI agents in Chicago and Minnesota” tell him “there [is] going to be an attack on lower Manhattan.” Schippers will later claim that he will attempt to contact Attorney General John Ashcroft and other politicians about this warning in coming months, but that they will show little interest (see July-Late August 2001). [WorldNetDaily, 10/21/2001; Indianapolis Star, 5/18/2002; Ahmed, 2004, pp. 258-260] Senator Pat Roberts. [Source: Publicity photo]Based on concerns that the US is unprepared for a terrorist attack on its soil, the Republican chairmen of three Senate committees—appropriations, armed services and intelligence—arrange three days of hearings to explore how to better coordinate efforts at preventing and responding to terrorist attacks within the United States. Eighteen government officials testify, including CIA Director George Tenet, Secretary of State Colin Powell, Treasury Secretary Paul O’Neill, Attorney General John Ashcroft, and Deputy Defense Secretary Paul Wolfowitz. Before the hearings commence, Senator Pat Roberts (R-Kan) tells reporters, “The United States is very likely to suffer, on our soil, an attack by a weapon of mass destruction, by a terrorist group or cell. It should come as no surprise this nation is not prepared for such an attack.” [Washington Post, 5/9/2001; Red Cross, 5/10/2001] In his testimony at the hearings, John Ashcroft warns, “It is clear that American citizens are the target of choice of international terrorists. Americans comprise only about 5 percent of the world’s population. However, according to State Department statistics, during the decade of the 1990s, 36 percent of all worldwide terrorist acts were directed against US interests. Although most of these attacks occurred overseas, international terrorists have shown themselves willing to reach within our borders to carry out their cowardly acts.” [US Congress. Senate. Appropriations Committee, 5/9/2001] Yet in a letter describing the agenda of the new administration that he sends to department heads the day after giving this testimony, Ashcroft does not mention terrorism (see May 10, 2001). [New York Times, 2/28/2002] Also testifying at the hearings, FEMA Director Joe Allbaugh announces he will soon be establishing an Office of National Preparedness to coordinate efforts at responding to terrorist attacks. [Washington Post, 5/9/2001] On the day the hearings start, President Bush announces that he is putting Vice President Dick Cheney in charge of overseeing a coordinated effort to address the threat posed to the United States by chemical, biological, and nuclear weapons (see May 8, 2001). [White House, 5/8/2001] Attorney General John Ashcroft sends a letter to department heads telling them the Justice Department’s new agenda. He cites seven goals, but counterterrorism is not one of them. Yet just one day earlier, he testified before Congress and said of counterterrorism, “The Department of Justice has no higher priority.” [New York Times, 2/28/2002] Dale Watson, head of the FBI’s counterterrorism division, will later recall nearly falling out of his chair when he sees counterterrorism not mentioned as a goal. [9/11 Commission, 4/13/2004] Watson goes to see FBI Deputy Director Thomas Pickard and asks him, “Did you see this?” in what author Philip Shenon will describe as a “disgusted tone.” Pickard finds it hard to believe that Ashcroft’s office had accidentally left terrorism off the list, due to the focus on it elsewhere in the government. “If he didn’t think about it, his staff should have,” Pickard will recall thinking. [Shenon, 2008, pp. 246] In August, a strategic plan will be distributed, listing the same seven goals and 36 objectives. Thirteen objectives are highlighted, but the single objective relating to counterterrorism is not highlighted. [New York Times, 2/28/2002] The New York Times will later report that, according to senior government officials, “A top secret report warned top officials of the FBI in the months before Sept. 11 that the bureau faced significant terrorist threats from Middle Eastern groups like al-Qaeda but lacked enough resources to meet the threat.” The internal assessment finds that virtually every major FBI field office is undermanned for evaluating and dealing with the threat from groups like al-Qaeda. The report gives detailed recommendations and proposes spending increases to address the problem. [New York Times, 6/1/2002] The report is the result of “MAXCAP 05,” short for maximum feasible capability, an evaluation effort launched by Dale Watson, the head of the new counterterrorism division created in 1999, to identify the FBI’s weaknesses in counterterrorism and remedy them by 2005. It is presented to Robert Mueller upon his appointment as FBI director in early September. [9/11 Commission, 7/24/2004, pp. 78-79; Zegart, 2007, pp. 142] The report will not be made public. [New York Times, 6/27/2007] However, in August 2001, acting FBI Director Tom Pickard meets Attorney General John Ashcroft to ask for supplemental funding for counterterrorism, but his request is turned down. On September 10, 2001, Ashcroft rejects a proposed $58 million increase in FBI counterterrorism funding for the next year’s budget (see September 10, 2001). Shortly after being appointed acting FBI director, Thomas Pickard gives his first briefing to Attorney General John Ashcroft. Pickard sends an agenda in advance, and terrorism is the first item on it, as the CIA is reporting there is an increased risk of attacks. During the briefing, Ashcroft suggests he does not know much about al-Qaeda, so Pickard fills him in. “I told him about al-Qaeda and [Osama] bin Laden, a little history about the World Trade Center bombing and East Africa,” Pickard will later say. Although Ashcroft listens to Pickard’s explanation, he shows more interest in other items on the agenda, such as ending delays on background checks for gun buyers, which interests him because of his relationship with the National Rifle Association. [Shenon, 2008, pp. 246-247] The CIA briefs Attorney General Ashcroft on the al-Qaeda threat. Several senior CIA Counterterrorist Center officials warn him that a significant attack is imminent, preparations for multiple attacks are in the late stages or already complete, and that little additional warning can be expected. He is told the attack is more likely to occur overseas than in the US. He was also briefed by the CIA on the al-Qaeda threat on May 15, 2001. [9/11 Commission, 7/24/2004, pp. 258-259, 534; Tenet, 2007, pp. 150] CIA Director Tenet will later claim in a book that at the end of the briefing, Ashcroft turned to some FBI personnel and asked them, “Why are they telling me this? Why am I not hearing this from you?” [Tenet, 2007, pp. 150] One week later, the FBI will brief him about the al-Qaeada threat in the US and he will reportedly reply, “I do not want to hear about this anymore” (see July 12, 2001). By the end of July, he will stop flying commercial aircraft in the US (see July 26, 2001). Anthony Williams. [Source: Manuel Balce Ceneta / Associated Press]The National Governors Association Center for Best Practices and the National Emergency Management Association co-sponsor a two-day event held in Washington called Preparing the Nation: A National Policy Summit on Domestic Terrorism. Federal officials, state teams of governors’ key policy advisors, and state leaders in law enforcement, public health, fire, and emergency management attend. Speakers include Attorney General John Ashcroft, Representative Christopher Shays (R), and West Virginia Governor Robert Wise. [National Governors Association, 6/25/2001; Red Cross, 7/11/2001; National Governors Association, 7/13/2001] The agenda of the event is structured around a tabletop exercise, based on a hypothetical bioterrorist attack. The scenario involves a neo-nazi terrorist releasing six liters of plague slurry in a fictional city resembling New York, called Gotham. [National Governors Association, 6/25/2001; National Governors Association, 7/10/2001 ; National Governors Association, 7/10/2001, pp. 7 ] In his speech at the event, Anthony Williams, the mayor of the District of Columbia, says it is especially appropriate that the summit is being held in DC, because “our city has been called ground zero for a potential terrorism incident. ‘It’s only a matter of time,’ they say, ‘before Washington, DC is the site of a terrorist attack.’” [National Governors Association, 7/10/2001 ] Assistant FBI Director Dale Watson tells the summit that a significant terrorist attack is likely on US soil (see July 11, 2001). [Reuters, 7/12/2001] In his speech, John Ashcroft says, “Our number one priority is the prevention of terrorist attacks” (see July 11, 2001). [National Governors Association, 7/11/2001 ] Charles DeVita, the vice president for global safety and security for the Red Cross, says, “Conferences like these are starting to take place because even the federal government is realizing that [acts of terrorism are a major] threat. It’s not a matter of if, but when this is going to happen.” [Red Cross, 7/11/2001] Condoleezza Rice and George Tenet in the White House. This picture is actually taken on October 8, 2001, and President Bush is elsewhere in the room. [Source: Eric Draper / White House]CIA Director George Tenet finds the briefing that counterterrorism chief Cofer Black gave him earlier in the day (see July 10, 2001) so alarming that he calls National Security Adviser Condoleezza Rice from his car as he heads to the White House and says he needs to see her right away, even though he has regular weekly meetings with her. [Washington Post, 10/1/2006] Tenet and Black let a third CIA official, Richard Blee, who is responsible for Alec Station, the CIA’s bin Laden unit, brief Rice on the latest intelligence. Deputy National Security Adviser Stephen Hadley and counterterrorism “tsar” Richard Clarke are also present. [McClatchy Newspapers, 10/2/2006] 'Significant Attack' - Blee starts by saying, “There will be a significant terrorist attack in the coming weeks or months!” He argues that it is impossible to pick the specific day, saying Osama bin Laden “will attack when he believes the attack will be successful.” He mentions a range of threat information including:
A warning related to Chechen leader Ibn Khattab (see (July 9, 2001)) and seven pieces of intelligence the CIA recently received indicating there would soon be a terrorist attack (see July 9-10, 2001);
A mid-June statement by bin Laden to trainees that there would be an attack in the near future (see Mid-June 2001);
Information that talks about moving toward decisive acts;
Late-June information saying a “big event” was forthcoming;
Two separate bits of information collected “a few days before the meeting” in which people predicted a “stunning turn of events” in the weeks ahead. This may be a reference to intercepts of calls in Yemen, possibly involving the father-in-law of 9/11 hijacker Khalid Almihdhar (see June 30-July 1, 2001). Multiple, Simultaneous Attacks in US Possible - Blee says that the attacks will be “spectacular,” they will be designed to inflict mass casualties against US facilities and interests, there may be multiple, simultaneous attacks, and they may be in the US itself. He outlines the CIA’s efforts to disrupt al-Qaeda by spreading incorrect word that the attack plans have been compromised, in the hope that this will cause a delay in the attack. But he says this is not enough and that the CIA should go on the attack. Blee also discounts the possibility of disinformation, as bin Laden’s threats are known to the public in the Middle East and there will be a loss of face, funds, and popularity if they are not carried out. Blee urges that the US take a “proactive approach” by using the Northern Alliance. [Tenet, 2007, pp. 151-4] Author Bob Woodward will later write: “Black emphasize[s] that this amount[s] to a strategic warning, meaning the problem [is] so serious that it require[s] an overall plan and strategy. Second, this [is] a major foreign policy problem that need[s] to be addressed immediately. They need […] to take action that moment—covert, military, whatever—to thwart bin Laden. The United States ha[s] human and technical sources, and all the intelligence [is] consistent.” [Woodward, 2006, pp. 80; Washington Post, 10/1/2006] Richard Clarke expresses his agreement with the CIA about the threat’s seriousness, and Black says, “This country needs to go on a war footing now.” Rice's Response - There are conflicting accounts about the CIA’s reading of Rice’s response. According to Woodward: “Tenet and Black [feel] they [are] not getting through to Rice. She [is] polite, but they [feel] the brush-off.” They leave the meeting frustrated, seeing little prospect for immediate action. Tenet and Black will both later recall the meeting as the starkest warning they gave the White House on al-Qaeda before 9/11 and one that could have potentially stopped the 9/11 attacks if Rice had acted on it (see July 10, 2001) and conveyed their urgency to President Bush. (Tenet is briefing Bush on a daily basis at this time, but he will later say that Rice has a much better rapport with the president.) Black will say, “The only thing we didn’t do was pull the trigger to the gun we were holding to her head.” [Woodward, 2006, pp. 80; Washington Post, 10/1/2006] Rice says that Bush will align his policy with the new realities and grant new authorities. Writing in 2007, Tenet will say that this response is “just the outcome I had expected and hoped for,” and recall that as they leave the meeting, Blee and Black congratulate each other on having got the administration’s attention. Nevertheless, Rice does not take the requested action until after 9/11. [Tenet, 2007, pp. 153-4] Rice Concerned about Genoa - Clarke will recall in 2006 that Rice focuses on the possible threat to Bush at an upcoming summit meeting in Genoa, Italy (see June 13, 2001 and July 20-22, 2001). Rice and Bush have already been briefed about the Genoa warning by this time (see July 5, 2001). Rice also promises to quickly schedule a high-level White House meeting on al-Qaeda. However, that meeting does not take place until September 4, 2001 (see September 4, 2001). [McClatchy Newspapers, 10/2/2006] Rice also directs that Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft be given the same briefing, and they receive it a short time later (see July 11-17, 2001). Meeting Not Mentioned in 9/11 Commission Report - The meeting will not be mentioned in the 9/11 Commission Report (see August 4, 2002), and there will be controversy when it is fully revealed in 2006 (see September 29, 2006, September 30-October 3, 2006, and October 1-2, 2006). Entity Tags: Rich B., Stephen J. Hadley, White House, Osama bin Laden, Richard A. Clarke, George J. Tenet, Al-Qaeda, Central Intelligence Agency, Cofer Black, Donald Rumsfeld, Condoleezza Rice, John Ashcroft Timeline Tags: Complete 911 Timeline
Defense Secretary Rumsfeld and Attorney General Ashcroft receive the same CIA briefing about a likely imminent, multiple, and simultaneous al-Qaeda strike that was given to the White House on July 10, 2001 (see July 10, 2001). In 2006, the State Department will reveal the two were briefed within a week of the White House briefing, at the request of National Security Adviser Rice. One official who helped prepare the briefing later describes it as a “ten on a scale of one to ten” that “connected the dots” to present a stark warning that al-Qaeda is ready to launch a new attack. A Pentagon spokesman says he has no information “about what may or may not have been briefed” to Rumsfeld, and Rumsfeld does not answer questions about it. Ashcroft says he was not given any briefing and calls it “disappointing” that he was not briefed. After it is confirmed that Ashcroft was briefed, apparently on July 17, Ashcroft will still claim not to remember the briefing, and will say he only recalls another CIA briefing earlier in the month (see July 5, 2001). Journalist Andrew Cockburn later reports that, “according to several intelligence sources,” Rumsfeld’s reaction to the briefing at the time “was one of vehement dismissal, complete with cutting observations about the CIA falling victim to ‘vast doses of al-Qaeda disinformation’ and ‘mortal doses of gullibility.’” McClatchy Newspapers will comment that these briefings raise “new questions about what the Bush administration did in response, and about why so many officials have claimed they never received or don’t remember the warning.” [McClatchy Newspapers, 10/2/2006; Cockburn, 2007, pp. 9] On July 26, 2001, it will be reported that Ashcroft has stopped flying on commercial airlines within the US (see July 26, 2001). John Ashcroft speaking at the National Governors Association summit on domestic terrorism. [Source: Red Cross]Attorney General John Ashcroft gives a speech at a summit on preparing the US for domestic terrorism, held in Washington, DC (see July 10-11, 2001). He says, “[W]e must be vigilant about the prevention of attacks utilizing weapons of mass destruction. And we must be prepared to mitigate the damage to human life and property should our worst fears come true.” He also says, “Our number one priority is the prevention of terrorist attacks,” but cautions, “We will not always be able to prevent terrorist attacks. When an incident occurs, we must react and react quickly.” [Associated Press, 7/11/2001; National Governors Association, 7/11/2001 ] Yet despite his claim that preventing terrorism is a priority, one day after this speech Ashcroft reportedly tells the acting FBI director that he does not want to hear about terrorism anymore (see July 12, 2001). In a letter he’d sent out to department heads two months previously, describing the agenda of the new administration and citing seven goals, he’d made no mention of terrorism (see May 10, 2001). And the day before 9/11, Ashcroft will refuse to endorse the FBI’s request for a $58 million increase in counterterrorism funding (see September 10, 2001). Thomas Pickard. [Source: Federal Bureau of Investigation]According to acting FBI Director Thomas Pickard, he attempts to brief Attorney General John Ashcroft on the terrorist threat, but Ashcroft is uninterested and says he does not want to hear about it. 'I Don't Want to Hear about Al-Qaeda Anymore' - Pickard opens the briefing by discussing CIA warnings of attacks, which Ashcroft may already have heard the previous week and the day before from the CIA itself (see July 5, 2001 and July 11-17, 2001). Ashcroft cuts him off immediately, saying “I don’t want to hear about that anymore,” and, “There’s nothing I can do about that.” Pickard is extremely surprised, because, although most information points to an attack abroad, he thinks there is a possibility it could be inside the US. He responds, “Mr. Attorney General, I think you should sit down with [CIA Director] George Tenet and hear right from him as to what’s happening.” Ashcroft replies: “I don’t want you to ever talk to me about al-Qaeda, about these threats. I don’t want to hear about al-Qaeda anymore.” Pickard, who is close to retirement and will later testify about the meeting under oath to the 9/11 Commission, is furious. He will later say: “I got up out of my chair, and I got in his face. And he got in my face.” Ruben Garcia, head of the FBI’s Criminal Division tells Pickard after the meeting: “I thought you were going to kill him. You jumped out of the chair so fast, I could see your gun. I thought you were going to use it.” Denial, Support - Ashcroft, also under oath, will later categorically deny the allegations, saying, “I did never speak to him saying that I didn’t want to hear about terrorism.” However, Garcia and another senior FBI official will corroborate Pickard’s account. Ashcroft’s account will be supported by his top aide, but another official in Ashcroft’s office who could also support Ashcroft’s account says he cannot remember what happened. Pickard briefs Ashcroft on terrorism four more times this summer, but he never mentions al-Qaeda to Ashcroft again before 9/11. [MSNBC, 6/22/2004; Federal Bureau of Investigation, 6/24/2004; Shenon, 2008, pp. 248-249] Pickard will later make an appeal to Ashcroft for more counterterrorism funding; Ashcroft will reject the appeal on September 10, 2001 (see September 10, 2001). [9/11 Commission, 4/13/2004] Pickard will later say: “Before September 11th, I couldn’t get half an hour on terrorism with Ashcroft. He was only interested in three things: guns, drugs, and civil rights.” [Miller, Stone, and Mitchell, 2002, pp. 293] Attorney General John Ashcroft replies to the FBI’s annual budget proposal. The proposal had asked for a sizable increase for only one area—counterterrorism. However, Ashcroft says that the FBI’s budget for counterterrorism should be cut, not increased. The budgets for some other divisions will also be cut. Acting FBI Director Thomas Pickard asks Ashcroft if the FBI can appeal and Ashcroft agrees. Pickard and his top assistants discuss what should be appealed and decide only to appeal the counterterrorism cuts, as they feel that this is “the most important thing,” according to Pickard. The appeal will be denied on September 10 (see September 10, 2001). [Shenon, 2008, pp. 249] Dan Rather in July 2001 presenting the story about John Ashcroft. [Source: CBS via Banded Artists Productions]CBS News reports that Attorney General Ashcroft has stopped flying commercial airlines due to a threat assessment, but “neither the FBI nor the Justice Department… would identify [to CBS] what the threat was, when it was detected or who made it.” [CBS News, 7/26/2001] One newspaper reports, “Ashcroft demonstrated an amazing lack of curiosity when asked if he knew anything about the threat. ‘Frankly, I don’t,’ he told reporters.” [San Francisco Chronicle, 6/3/2002] It is later reported that he stopped flying in July based on threat assessments made on May 8 and June 19. In May 2002, it is claimed the threat assessment had nothing to do with al-Qaeda, but Ashcroft walked out of his office rather than answer questions about it. [Associated Press, 5/16/2002] The San Francisco Chronicle will later conclude, “The FBI obviously knew something was in the wind.… The FBI did advise Ashcroft to stay off commercial aircraft. The rest of us just had to take our chances.” [San Francisco Chronicle, 6/3/2002] CBS’s Dan Rather will later ask of this warning: “Why wasn’t it shared with the public at large?” [Washington Post, 5/27/2002] On July 5, the CIA had warned Ashcroft to expect multiple, imminent al-Qaeda attacks overseas (see July 5, 2001) and on July 12 the FBI warned him about the al-Qaeda threat within the US (see July 12, 2001). David Schippers.
[Source: Publicity photo]David Schippers, the House Judiciary Committee’s chief investigator in the Clinton impeachment trial and the lawyer for FBI agent Robert Wright since September 1999, will later claim that he was warned about an upcoming al-Qaeda attack on lower Manhattan in May 2001 (see May 2001). After May, Schippers continues to get increasingly precise information about this attack from FBI agents in Chicago and Minnesota, and around July he renews efforts to pass the warning to politicians. He will claim, “I tried to see if I could get a Congressman to go to bat for me and at least bring these people [to Washington] and listen to them. I sent them information and nobody cared. It was always, ‘We’ll get back to you,’ ‘We’ll get back to you,’ ‘We’ll get back to you.’” At the same time he is attempting to pass on this warning, he will claim he is also attempting to pass on the work of reporter Jayna Davis and her theory that Middle Easterners were involved in the 1995 Oklahoma City bombing (see April 19, 1995), and also Wright’s claim that Hamas operatives were operating freely inside the US (see February-March 2001). The three claims put together seem to lead to a bad response; Schippers later comments, “People thought I was crazy.” Around July 15, he attempts to contact Attorney General John Ashcroft. Conservative activist “Phyllis Schlafly finally apparently made some calls. She called me one day and said, ‘I’ve talked to John Ashcroft, and he’ll call you tomorrow.’” The next day, one of Ashcroft’s underlings in the Justice Department calls him back and says, “We don’t start our investigations with the Attorney General. Let me look into this, and I’ll have somebody get back to you right away.” Schippers will say he never did hear back from anyone in the Justice Department. Perhaps coincidentally, on July 26 it will be reported that Ashcroft has stopped flying commercial aircraft due to an unnamed threat (see July 26, 2001). In late August, his FBI agent sources again confirm that an al-Qaeda attack on lower Manhattan is imminent. [WorldNetDaily, 10/21/2001; Indianapolis Star, 5/18/2002; Ahmed, 2004, pp. 258-260] In 2003, Wright will say, “In 2000 and in 2001, [Schippers] contacted several US congressmen well before the September 11th attacks. Unfortunately, these congressmen failed to follow through with Mr. Schippers’ request that they investigate my concerns.” It is not clear if Wright was one of the Chicago FBI agents that Schippers claims gave warnings about a Manhattan attack, or if Wright is only referring to Wright’s investigation into funding for Hamas and other groups that Schippers was also warning politicians about (see February-March 2001). [Federal News Service, 6/2/2003] Larry D. Thompson. [Source: National Journal]In later testimony before the 9/11 Commission, Attorney General John Ashcroft will complain, “[T]he single greatest structural cause for September 11 was the wall that segregated criminal investigators and intelligence agents.” However, on this day, Ashcroft’s Assistant Attorney General, Larry Thompson, writes a memo reaffirming the policy that is later criticized as this “wall.” [9/11 Commission, 12/8/2003; Washington Post, 4/18/2004] On August 7, 2001, a version of the Presidential Daily Briefing (PDB) entitled “Bin Laden Determined to Strike in US” given to President Bush the day before is sent to other top US officials (see August 7, 2001). This version, called an SEIB, has the same title as the PDB but contains less classified information. Attorney General John Ashcroft - the head of law enforcement in the US - will later claim that he does not remember seeing this SEIB before 9/11. He will say he was at a conference in Chicago at the time and he does not remember his staff briefing him about it later. In the Clinton administration, the attorney general was a regular recipient of the same PDB given to the president. [9/11 Commission, 4/13/2004] The General Accounting Office (GAO)‘s chief, Comptroller General David Walker, issues a report detailing the history of the GAO’s request for information regarding Vice President Cheney’s secret energy task force, and reiterating its request (see July 31, 2001). The report is sent to President Bush, Cheney, Congress, the attorney general, and the Office of Management and Budget (OMB). It reads in part: “In communications with the vice president’s counsel… we offered to eliminate our earlier request for minutes and notes and for the information presented by members of the public. Even though we are legally entitled to this information, as a matter of comity, we are scaling back the records we are requesting to exclude these two items of information.… The GAO as an institution, and the comptroller general as an officer of the legislative branch, assist the Congress in exercising its responsibilities under the Constitution to oversee, investigate, and legislate. In order to help members of Congress carry out their role and evaluate the process used to develop the National Energy Policy, GAO needs selected factual and non-deliberative records that the vice president, as chair of the NEPDG [National Energy Policy Development Group, the formal name for Cheney’s task force], or others representing the Group, are in a position to provide GAO. The records we are requesting will assist the review of how the NEPDG spent public funds, how it carried out its activities, and whether applicable law was followed.” [David Walker, 8/17/2001 ; National Review, 2/20/2002] Attorney General Ashcroft rejects a proposed $58 million increase in financing for the FBI’s counterterrorism programs. The money would have paid for 149 new counterterrorism field agents, 200 additional analysts and 54 additional translators. On the same day, he sends a request for budget increases to the White House. It covers 68 programs—but none of them relate to counterterrorism. He also sends a memorandum to his heads of departments, stating his seven priorities—none of them relate to counterterrorism. [Guardian, 5/21/2002; New York Times, 6/1/2002; New York Times, 6/2/2002] He further proposes cutting a program that gives state and local counterterrorism grants for equipment like radios and preparedness training from $109 million to $44 million. Yet Ashcroft stopped flying public airplanes in July due to an as yet undisclosed terrorist threat (see July 26, 2001), and in a July speech he proclaimed, “Our No. 1 priority is the prevention of terrorist attacks.” [New York Times, 2/28/2002] Secretary of State Colin Powell leaves his Lima, Peru hotel after hearing the news. [Source: Agence France-Presse]Just prior to learning about the 9/11 attacks, top US leaders are scattered across the country and overseas:
President Bush is in Sarasota, Florida. [Washington Post, 1/27/2002]
Secretary of State Powell is in Lima, Peru. [Washington Post, 1/27/2002]
General Henry Shelton, Chairman of the Joint Chiefs of Staff, is flying across the Atlantic on the way to Europe. [Washington Post, 1/27/2002]
Attorney General Ashcroft is flying to Milwaukee, Wisconsin. [Washington Post, 1/27/2002]
Federal Emergency Management Agency Director Joe Allbaugh is at a conference in Montana. [ABC News, 9/14/2002] Others are in Washington:
Vice President Cheney and National Security Adviser Rice are at their offices in the White House. [Washington Post, 1/27/2002]
Defense Secretary Rumsfeld is at his office in the Pentagon, meeting with a delegation from Capitol Hill. [Washington Post, 1/27/2002]
CIA Director Tenet is at breakfast with his old friend and mentor, former senator David Boren (D), at the St. Regis Hotel, three blocks from the White House. [Washington Post, 1/27/2002]
FBI Director Mueller is in his office at FBI Headquarters on Pennsylvania Avenue. [Washington Post, 1/27/2002]
Transportation Secretary Norman Mineta is at his office at the Department of Transportation. [US Congress, 9/20/2001]
Counterterrorism “tsar” Richard Clarke is at a conference in the Ronald Reagan Building three blocks from the White House. [Clarke, 2004, pp. 1] Entity Tags: John Ashcroft, Norman Mineta, Richard A. Clarke, Joseph M. Allbaugh, Richard (“Dick”) Cheney, Henry Hugh Shelton, George J. Tenet, Robert S. Mueller III, Colin Powell, George W. Bush, Condoleezza Rice, Donald Rumsfeld, David Boren Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Around this time, according to his own account, counterterrorism “tsar” Richard Clarke reaches the Secure Video Conferencing Center just off the main floor of the Situation Room in the West Wing of the White House. From there, he directs the response to the 9/11 attacks and stays in contact with other top officials through video links. Clarke claims that on video he can see Defense Secretary Donald Rumsfeld, CIA Director George Tenet, FBI Director Robert Mueller, FAA Administrator Jane Garvey, Deputy Attorney General Larry Thompson (filling in for the traveling Attorney General John Ashcroft), Deputy Secretary of State Richard Armitage (filling in for the traveling Secretary of State Colin Powell), and Vice Chairman of the Joint Chiefs of Staff Richard Myers (filling in for the traveling Chairman Henry Shelton). National Security Adviser Condoleezza Rice is with Clarke, but she lets him run the crisis response, deferring to his longer experience on terrorism matters. Clarke is also told by an aide, “We’re on the line with NORAD, on an air threat conference call.” [Clarke, 2004, pp. 2-4; Australian, 3/27/2004] According to the 9/11 Commission, logs indicate that Clarke’s video teleconference only begins at 9:25 a.m. (see 9:25 a.m. September 11, 2001), which is later than Clarke suggests, and CIA and FAA representatives only join it at 9:40 a.m. [9/11 Commission, 7/24/2004, pp. 36 and 462] Other accounts claim that, rather than being involved in Clarke’s teleconference at this time, Donald Rumsfeld is still in his office waiting for his intelligence briefing (see (After 9:03 a.m.) September 11, 2001), and Richard Myers is in a meeting on Capitol Hill (see (Shortly After 9:03 a.m.) September 11, 2001). [Armed Forces Radio And Television Service, 10/17/2001; Clarke, 2006, pp. 218-219] The 9/11 Commission claims that, “While important,” Clarke’s conference has “no immediate effect on the emergency defense efforts.” [9/11 Commission, 6/17/2004] Yet, as the Washington Post puts it, “everyone seems to agree” Clarke is the chief crisis manager on 9/11. [Washington Post, 3/28/2004] Even Clarke’s later opponent, National Security Adviser Rice, calls him 9/11’s “crisis management guy.” [United Press International, 4/9/2004] The conference is where the government’s emergency defense efforts are concentrated. Entity Tags: Richard Armitage, John Ashcroft, Larry D. Thompson, North American Aerospace Defense Command, Richard A. Clarke, Henry Hugh Shelton, Robert S. Mueller III, Richard B. Myers, George J. Tenet, Jane Garvey, Condoleezza Rice, Colin Powell, 9/11 Commission, Donald Rumsfeld Timeline Tags: Complete 911 Timeline, 9/11 Timeline
James Schwartz. [Source: Arlington County, Virginia]Firefighting and other operations are severely disrupted when the Pentagon site is evacuated due to a report of an unidentified aircraft heading toward the Pentagon. Firefighters have to abandon their equipment and run several hundred yards to protected areas. [US Department of Health and Human Services, 7/2002, pp. A16 and A30] Assistant Fire Chief James Schwartz orders the evacuation after the control tower at Washington’s Reagan National Airport notifies the Arlington County Emergency Communications Center (ECC) of an inbound aircraft that is not identifying itself and is heading up the Potomac River at a high rate of speed. It is not known if this is a hijacked plane, but no aircraft other than military jets are now supposed to be in the air. The ECC then notifies Schwartz at the Pentagon. By the time he orders the evacuation, the aircraft is reportedly just two minutes away. [US Department of Health and Human Services, 7/2002, pp. A30 and A52; Creed and Newman, 2008, pp. 187] At one point, the controllers at Reagan Airport are reporting that the plane has disappeared from radar, though they do not say why they think this is. [Creed and Newman, 2008, pp. 191] Approaching Aircraft Is 'Friendly' - The unidentified aircraft is soon determined to be “friendly.” [Fire Engineering, 11/2002; Creed and Newman, 2008, pp. 193] It turns out to have been a government aircraft flying Attorney General John Ashcroft back to Washington. [US Department of Health and Human Services, 7/2002, pp. A30 and C52; Vogel, 2007, pp. 453] The firefighters and other emergency responders return to the Pentagon and resume their activities, but the evacuation has significantly disrupted firefighting operations, giving fires in some areas 30 minutes to gain ground. [US Department of Health and Human Services, 7/2002, pp. A16; Creed and Newman, 2008, pp. 193-194] The FBI’s evidence recovery operation has also been disrupted. [Creed and Newman, 2008, pp. 191] Evacuation Avoidable, Caused by Loss of FBI Presence - This evacuation is later determined to have been avoidable, and only necessary because of the loss of a senior FBI presence at the incident command post (ICP) at the Pentagon, which means there is no way for the ICP to verify whether the approaching aircraft is “friendly” or not. This loss is due to the FBI having relocated to the Virginia State Police Barracks shortly after midday (see (12:15 p.m.) September 11, 2001). The Arlington County After-Action Report will later conclude, “Friendly aircraft, carrying US government executives and escorted by fighter aircraft, should not have been cause for evacuation.” A previous evacuation of the Pentagon site due to reports of an approaching unidentified aircraft occurred around 10:15 a.m. (see (10:15 a.m.-10:38 a.m.) September 11, 2001), and a third similar evacuation will occur on the morning of September 12 (see (10:00 a.m.) September 12, 2001). [US Department of Health and Human Services, 7/2002, pp. A30-A31; Fire Engineering, 11/2002] It is reported that Attorney General Ashcroft has told members of Congress that there were three to five hijackers on each plane armed only with knives. [CNN, 9/12/2001] During a National Security Council meeting, FBI Director Robert Mueller begins to describe the investigation under way to identify the 9/11 hijackers. According to journalist Bob Woodward, “He said it was essential not to taint any evidence so that if accomplices were arrested, they could be convicted.” But Attorney General John Ashcroft interrupts. Woodward will paraphrase Ashcroft saying, “The chief mission of US law enforcement… is to stop another attack and apprehend any accomplices or terrorists before they hit us again. If we can’t bring them to trial, so be it.” Woodward will comment, “Now, Ashcroft was saying, the focus of the FBI and the Justice Department should change from prosecution to prevention, a radical shift in priorities.” President Bush is at the meeting and apparently does not challenge Ashcroft’s suggestion. [Woodward, 2002, pp. 42-43] After the 9/11 attacks, the Bush administration seizes the new opportunities to expand the power of the presidency that present themselves as part of the government’s response to the attacks (see (After 10:00 a.m.) September 11, 2001). The Bush-Cheney legal team, largely driven by Vice President Cheney and his staff (see January 21, 2001), aggressively pushes for new opportunities to expand executive branch authorities. 'Bravado,' 'Close-Minded Group of Like-Minded People' - A senior White House official later tells author and reporter Charlie Savage of the “pervasive post-9/11 sense of masculine bravado and one-upmanship when it came to executive power.” In Savage’s words, and quoting the official, “a ‘closed group of like-minded people’ were almost in competition with one another, he said, to see who could offer the farthest-reaching claims of what a president could do. In contrast, those government lawyers who were perceived as less passionate about presidential power were derided as ‘soft’ and were often simply cut out of the process” (see September 25, 2001). Suspicion of Oversight - “The lawyers for the administration felt a tremendous amount of time pressure, and there was a lot of secrecy,” the official will say. “These things were being done in small groups. There was a great deal of suspicion of the people who normally act as a check inside the executive branch, such as the State Department, which had the reputation of being less aggressive on executive power. This process of faster, smaller groups fed on itself and built a dynamic of trying to show who was tougher on executive power.” Addington and Yoo: Outsized Influence - While nominally the leaders of the White House legal team are Attorney General John Ashcroft and White House counsel Alberto Gonzales, neither has as much influence as lawyers and staffers ostensibly of lower rank than themselves. Ashcroft is a vociferous supporter of the administration’s anti-terrorism policies, but is not a member of Bush’s inner circle and sometimes disagrees with the White House’s legal moves. Neither Ashcroft nor Gonzales have prior experience dealing with the legal issues surrounding executive power and national security. Two of the driving forces behind the White House’s push for more presidential power are Cheney’s chief counsel, David Addington, and an obscure deputy in the Office of Legal Counsel (OLC), John Yoo. Because of a dispute between Ashcroft and the Bush inner circle over who should lead the OLC, there is no official chief of the OLC until November 2002, leaving Yoo and his fellows free to be as aggressive as they like on expanding presidential power and handling the war on terrorism. When the OLC chief, law professor Jay Bybee, finally arrives, he, like Ashcroft and Gonzales, finds himself hampered by his lack of knowledge of the law as it pertains to national security. Savage will later write, “When he finally started work, Bybee let deputies continue to spearhead the review of matters related to the war on terrorism.” Yoo is only a deputy assistant attorney general, but he has “signing power”—the ability to make his opinion legally binding—and is rarely reviewed by his peers because much of his work is classified. [Savage, 2007, pp. 76-78] As for Addington, Lawrence Wilkerson, the chief of staff for Secretary of State Colin Powell, will later say that he was the leader of the small but highly influential group of lawyers “who had these incredible theories and would stand behind their principles [Cheney, Bush, and others], whispering in their ears about these theories, telling them they have these powers, that the Constitution backs these powers, that these powers are ‘inherent’ and blessed by God and if they are not exercised, the nation will fall. He’d never crack a smile. His intensity and emotions and passion for these theories are extraordinary.” [Savage, 2007, pp. 84] FBI agent Robert Wright will later claim that the FBI takes extraordinary efforts to gag him in the wake of the 9/11 attacks. According to Wright, “On September the 11th, as I watched the World Trade Center towers burn, I did not initially share the same feelings of surprise and shock and dismay most Americans felt. I just thought to myself, ‘It has begun.’” On the afternoon of 9/11, he claims that he is called by reporters from the New York Times and 60 Minutes who already are aware of his issues with FBI management (see June 9, 2001-July 10, 2001). They ask if he would be willing to go public with his story. He declines. “I’m confident if I had gone public at that time I would have been fired. I realized my termination would only aid the FBI by allowing management to claim I was simply a former employee who was disgruntled over his termination.” Over the next few days, his former supervisor prohibits him from working with the 9/11 investigation. He is not allowed to answer any incoming telephone calls from the general public. The FBI prohibits him from publishing his recently completed book on FBI failures (see May 11, 2002). His lawyers contact a congressman who invites him to come to Washington and present his information to Congress. Wright is immediately prohibited from traveling outside of Chicago without FBI approval. Larry Klayman, one of two lawyers now representing Wright, later says he calls the Justice Department a few days after 9/11 and asks that Wright be allowed to present his issues to Attorney General John Ashcroft. Klayman claims he receives a reply from Michael Chertoff, then head of the Criminal division, who refuses to meet with Wright and says, “We are tired of conspiracy theories.” [Federal News Service, 5/30/2002; Federal News Service, 6/2/2003] On September 20, Wright’s legal representatives publish a list of 20 entities described as “Tax Exempt and Other Entities to Investigate Immediately.” The US will later shut down many of these entities. [Judicial Watch, 9/20/2001] The restrictions placed on Wright will largely continue to hold in the years afterwards. For instance, as of the end of 2005, his book still has not been approved for publication (see May 11, 2002). NSA director Michael Hayden addresses the NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties, “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference (see January 23, 2006) that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden will say that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes. Expansion of NSA Surveillance Powers - Using Ronald Reagan’s 1981 executive order 12333 (see December 4, 1981), Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that this expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House, as well as Attorney General John Ashcroft. [Michael Hayden, 1/23/2006] Domestic Surveillance Began Before 9/11? - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists. Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group. Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135] Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals
(see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138] Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington Timeline Tags: Torture in Iraq, Afghanistan and elsewhere, Civil Liberties
Four prominent Republican officials make alarming comments about terrorism and especially the use of WMDs against the US:
Attorney General John Ashcroft says on CNN: “We believe there are substantial risks of terrorism still in the United States of America. As we as a nation respond to what has happened to us, those risks may in fact go up.”
White House chief of staff Andrew Card says on Fox News, “I’m not trying to be an alarmist, but we know that these terrorist organizations, like al-Qaeda, run by Osama bin Laden and others, have probably found the means to use biological or chemical warfare.”
Defense Secretary Donald Rumsfeld says on NBC’s Meet the Press, “There’s always been terrorism, but there’s never really been worldwide terrorism at a time when the weapons have been as powerful as they are today, with chemical and biological and nuclear weapons spreading to countries that harbor terrorists.” He suggests several countries supporting terrorists either have WMDs or are trying to get them. “It doesn’t take a leap of imagination to expect that at some point those nations will work with those terrorist networks and assist them in achieving and obtaining those kinds of capabilities.” He does not name these countries, but the New York Times notes the next day that the US military had recently identified the WMD programs in Iraq, Iran, Syria, and Sudan as cause for concern.
Representative Henry Hyde (R-IL), the chairman of the House International Relations Committee, also says on Meet the Press that biological weapons “scare” him more than nuclear weapons because they can be brought into the country “rather easily.” The New York Times reports that there is no new intelligence behind these alarming comments. By contrast, Senator Joseph Biden (D-DE), chairman of the Senate Foreign Relations Committee, says it is unlikely terrorists are capable of making extremely deadly biological weapons. He says that terrorists might have access to weapons that use anthrax or smallpox, but while “There are those serious things… we can deal with them.” [New York Times, 10/1/2001] Deputy press secretary Scott McClellan will later observe: “Even the Cheney-driven White House effort to provide all Americans with the smallpox vaccine that was being pushed publicly in the latter weeks of 2002 played into the environment of fear about the Iraq WMD threat. It seems to me a little cynical to suggest that its timing was calculated, but it did not hurt the broader campaign to sell the war.” [McClellan, 2008, pp. 138] Sen. Russell Feingold will ultimately be the only senator to vote against the Patriot Act.
[Source: Publicity photo]The “anti-terrorism” Patriot Act is introduced in Congress. The act is technically known as The USA PATRIOT Act, which stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.” [US Congress, 10/2/2001] The legislation was ready four days after the 9/11 attacks, in what Attorney General John Ashcroft called a “full-blown legislative proposal” ready to submit to Congress. The proposal is actually a revamping and enlargement of the Clinton-era antiterrorism legislation first proposed after the Oklahoma City terrorist bombing (see April 25, 1996). [Roberts, 2008, pp. 36] The “anti-terrorism” Patriot Act is introduced in Congress on October 2, 2001 (see October 2, 2001), but it is not well received by all. [US Congress, 10/2/2001] One day later, Senate Majority Leader and future anthrax target Tom Daschle (D) says he doubts the Senate will take up this bill in the one week timetable the administration wants. As head of the Senate, Daschle has great power to block or slow passage of the bill. Attorney General John Ashcroft accuses Senate Democrats of dragging their feet. [Washington Post, 10/3/2001] On October 4, Senate Judiciary Committee Chairman and future anthrax target Patrick Leahy (D) accuses the Bush administration of reneging on an agreement on the bill. Leahy is in a key position to block or slow the bill. Some warn that “lawmakers are overlooking constitutional flaws in their rush to meet the administration’s timetable.” Two days later, Ashcroft complains about “the rather slow pace…over his request for law enforcement powers… Hard feelings remain.” [Washington Post, 10/4/2001] The anthrax letters to Daschle and Leahy are sent out between October 6-9 as difficulties in passing the Patriot Act continue (see October 6-9, 2001). It is reported that the FBI and Justice Department have ordered FBI agents across the US to cut back on their investigation of the September 11 attacks, so as to focus on preventing future, possibly imminent, attacks. According to the New York Times, while law enforcement officials say the investigation of 9/11 is continuing aggressively, “At the same time… efforts to thwart attacks have been given a much higher priority.” Attorney General John Ashcroft and FBI Director Robert Mueller “have ordered agents to drop their investigation of the [9/11] attacks or any other assignment any time they learn of a threat or lead that might suggest a future attack.” Mueller believes his agents have “a broad understanding of the events of September 11,” and now need “to concentrate on intelligence suggesting that other terrorist attacks [are] likely.” The Times quotes an unnamed law enforcement official: “The investigative staff has to be made to understand that we’re not trying to solve a crime now. Our number one goal is prevention.” [New York Times, 10/9/2001] At a news conference the previous day, Ashcroft stated that—following the commencement of the US-led attacks on Afghanistan—he had placed federal law enforcement on the highest level of alert. But he refused to say if he had received any specific new threats of terrorist attacks. [US Department of Justice, 10/8/2001] The New York Times also reports that Ashcroft and Mueller have ordered FBI agents to end their surveillance of some terrorist suspects and immediately take them into custody. However, some agents have been opposed to this order because they believe that “surveillance—if continued for days or weeks—might turn up critical evidence to prove who orchestrated the attacks on the World Trade Center and the Pentagon.” [New York Times, 10/9/2001] Justice Department communications director Mindy Tucker responds to the New York Times article, saying it “is not accurate,” and that the investigation into 9/11 “has not been curtailed, it is ongoing.” [United Press International, 10/9/2001] Despite the fact that two US senators, Tom Daschle (D-SD) and Patrick Leahy (D-VT), had letters laced with anthrax mailed to their offices (see October 6-9, 2001), the Bush administration’s response is, as later characterized by author Frank Rich, lackadaisical. “Bush said little about it,” Rich will write in 2006, instead “delegating the problem to ineffectual Cabinet members like [Health and Human Services Secretary Tommy] Thompson and the attorney general, John Ashcroft. The rank incompetence of these two Cabinet secretaries, at most thinly disguised by a veneer of supercilious officiousness, was farcical. They were Keystone Kops, in the costumes of bureaucrats, ready at any time to slip on a banana peel.” [Rich, 2006, pp. 34-35] On October 11, 2001, President Bush uses his first prime-time news conference to give an update on the early stages of the war on terrorism. He confirms that the Justice Department just issued a blanket alert “in recognition of a general threat.” [CNN News, 10/11/2001] This general threat never materializes. On October 29, the administration warns again of plans to strike the United States “in the next week.” In a quickly called news conference, US Attorney General John Ashcroft says intelligence sources have found “credible” information the nation could be the focus for some sort of terrorist attack within the week. No specific information is provided to the public now or later to explain what information may have caused this alert. [CNN News, 10/29/2001] Bush tells Americans “to go about their lives, to fly on airplanes, to travel, to work.” [Rich, 2006, pp. 36] Attorney General John Ashcroft encourages federal agencies to deny requests for information under the Freedom of Information Act (FOIA). In a memo to all government departments and agencies, he states, “When you carefully consider FOIA requests and decide to withhold records, in whole or in part, you can be assured that the Department of Justice will defend your decisions.” This is a dramatic shift from the Clinton administration, which instructed federal officials to grant all information requests, using a “presumption of disclosure,” unless there was “foreseeable harm” in doing so. [Washington Post, 12/2/2002; Savage, 2007, pp. 96] The New York Times notes that while the new policy was announced after 9/11, “it had been planned well before the attacks.” [New York Times, 1/3/2003] In 2007, author Charlie Savage will write that Ashcroft turns the Clinton policy of foreseeable harm “on its head.” He will write: “Reviving a Reagan-era policy aimed at undermining the Freedom of Information Act, Ashcroft instructed the government to reject FOIA requests if it was at all possible to do so, under any legal reason for withholding documents—even if the information sought was harmless. And he promised to back up any decision to reject a FOIA request in court. The Ashcroft policy quickly discouraged the release of information to the public because few people were willing to go to the trouble and expense of an inevitable lawsuit.” [Savage, 2007, pp. 96] Attorney General John Ashcroft issues a second terror alert for the month (see October 11-29, 2001). The intelligence received by the FBI does not, he says, “contain specific information as to the type of attack or specific targets.” [Rich, 2006, pp. 36] White House lawyers have become impatient with the interagency group’s (see Shortly Before September 23, 2001) less than full endorsement of the use of military commissions to try suspected terrorists. By late October, Timothy E. Flanigan takes the task of designing a strategy for prosecuting terrorists away from the group and proceeds to focus on military commissions as the only preferable option. The White House lawyers now work more in secret, excluding many agencies and most of the government’s experts in military and international law, but together with the lawyers of the Office of Legal Counsel (OLC), with the intention of drafting a presidential military order. [New York Times, 10/24/2004] There is a remarkable secrecy surrounding the drafting process (see November 11-13, 2001). Both Attorney General John D. Ashcroft and his deputy, Larry D. Thompson, are closely consulted. But the head of the Justice Department’s Criminal Division, Michael Chertoff is kept out of the loop. Secretary of Defense Donald H. Rumsfeld is informed through his general counsel, William J. Haynes. Other Pentagon experts, however, are excluded. [New York Times, 10/24/2004] When the order is signed (see November 13, 2001), many express surprise. “That came like a bolt from the blue,” a former Pentagon official says. “Neither I nor anyone I knew had any insight, any advance knowledge, or any opportunity to comment on the president’s military order.” [Guardian, 6/9/2004] “I can’t tell you how compartmented things were,” retired Rear Adm. Donald J. Guter, the Navy’s Judge Advocate General, later recalls. “This was a closed administration.” [New York Times, 10/24/2004] John Yoo, a lawyer with the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to Attorney General John Ashcroft. The only information publicly available about the memo is that it concerns legality of communication regarding intelligence activities. The American Civil Liberties Union (ACLU) will sue the Justice Department to make this and other memos publicly available. The existence of the memo will first be revealed in an October 2007 deposition filed by future OLC head Steven Bradbury in response to an American Civil Liberties Union lawsuit. [American Civil Liberties Union, 1/28/2009 ] John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007] Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel
After issuing several terror alerts that came to nothing (see October 11-29, 2001 and October 29, 2001), Attorney General John Ashcroft declares victory in overcoming the threat: “[T]he home front has witnessed the opening battle in the war against terrorism, and America has emerged victorious.” He claims that “two periods of extremely high threat have passed” without incident. But in 2006, author Frank Rich will note that this assessment is based solely on Ashcroft’s word, since no evidence of actual threats will ever be advanced. [Rich, 2006, pp. 36-37] Attorney General John Ashcroft announces that the Justice Department is now on what he calls a “wartime footing.” The agency is revamping its priorities to refocus its efforts on battling terrorism. According to Ashcroft, a plan, which he intends to submit to Congress, mandates a reorganization of the Justice Department, as well as component agencies such as the FBI and the Immigration and Naturalization Service (INS), both of which will be overhauled to take a more aggressive stance in the effort to ward off terrorism. The plan will take five years to fully implement. Ashcroft is reticent about the details of the plans, but some proposals include:
Allowing federal prison authorities to eavesdrop on prisoners conferring with their attorneys, effectively voiding the attorney-client privilege, if those prisoners are considered to be a threat to national security;
Redirecting 10 percent of the Justice Department’s budget, or about $2.5 billion, to counterterrorism efforts;
Restructuring the INS to focus on identifying, deporting, and prosecuting illegal aliens, with a special focus on potential terrorists. The eavesdropping privilege causes an immediate stir among civil libertarians and Constitutional scholars. Justice Department spokeswoman Mindy Tucker notes that the order has already been published in the Federal Register and is, essentially, the law. Information gathered by authorities during such eavesdropping sessions would not be used in criminal prosecutions of the suspects, Tucker promises. “The team that listens is not involved in the criminal proceedings,” she says. “There’s a firewall there.” Senator Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, says he agrees with the general idea of refocusing the agency on terrorism, but suggests Ashcroft’s plan be reviewed by an existing commission that is now examining the FBI’s counterintelligence operations. That commission is headed by former FBI Director William Webster. Leahy’s fellow senator, Charles Grassley (R-IA), says: “As with any reorganization, the devil will be in the details. I hope for new accountability measures, not just structural changes.” Ashcroft says: “Defending our nation and defending the citizens of America against terrorist attacks is now our first and overriding priority. To fulfill this mission, we are devoting all the resources necessary to eliminate terrorist networks, to prevent terrorist attacks, and to bring to justice all those who kill Americans in the name of murderous ideologies.” [New York Times, 11/3/2001; Rich, 2006, pp. 35] “It is amazing to me that Ashcroft is essentially trying to dismantle the bureau,” says a former FBI executive director. “They don’t know their history and they are not listening to people who do.” [Harper's, 12/4/2001] Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [New York Times, 10/24/2004; Savage, 2007, pp. 138] Former FBI director William Webster and eight former FBI officials publicly criticize Attorney General John Ashcroft’s post-9/11 policies (see Spring 2001, September 12, 2001, October 9, 2001, October 11, 2001, and November 9, 2001). The criticisms come less over Ashcroft’s civil liberties abrogations and more because Ashcroft’s policies violate law-enforcement common sense. By capturing suspected low-level terrorists in public sweeps, the Justice Department and the FBI lose the ability to track those suspects to their superiors in their organizations and groups. (None of the 900 or so suspects rounded up in the Ashcroft sweeps will be charged with any 9/11-related crimes—see October 20, 2001 and November 5, 2001.) [Rich, 2006, pp. 35-36] Webster says that long-term surveillance and undercover operations are much more effective than mass arrests. [Harper's, 12/4/2001] The former FBI officials also ridicule Ashcroft’s idea of interviewing 5,000 Middle Eastern men (none of whom will ever be convicted of a terrorism-related crime). Kenneth Walton, who founded the FBI’s first Joint Terrorism Task Force, says: “It’s the Perry Mason school of law enforcement, where you put them in there and they confess. Well, it just doesn’t work that way. You say, ‘Tell me everything you know,’ and they give you the recipe to Mom’s chicken soup.… It is ridiculous.” Most of those “invited” to interview never showed up, the officials note, and those who did merely answered “yes” or “no” to rote questions. [Time, 11/29/2001; Rich, 2006, pp. 35-36] Many local police officers are reluctant to participate in Ashcroft’s public sweeps. Eugene, Oregon police spokeswoman Pam Alejandere tells reporters, “Give us some legitimate reason to talk to the people—other than that they’re from the Middle East—and we’ll be glad to.” [Time, 11/29/2001] As soon as he hears the news of his son’s capture in Afghanistan, John Walker Lindh’s father immediately hires James Brosnahan, a well-respected lawyer, on behalf of his son. On December 3, Brosnahan faxes a letter to Secretary of State Colin Powell, Attorney General John Ashcroft, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet. He introduces himself as Lindh’s lawyer, expresses his wish to see him, and states: “Because [Lindh] is wounded and, based upon press reports, went for three days without food, I would ask that any further interrogation be stopped, especially if there is any intent to use it in any subsequent legal proceedings.” When Brosnahan receives no reply, he writes again, “I would ask that no further interrogation of my client occur until I have the opportunity to speak with him. As an American citizen, he has the right to counsel and, under all applicable legal authorities, I ask for the right to speak with my client as soon as possible.” On December 5, still having received no reply, he urges that “we have a conversation today.” Again, no reply comes. [Los Angeles Times, 3/23/2002; World Socialist Web Site, 3/27/2002; New Yorker, 3/3/2003] Attorney General Ashcroft says, “To those who pit Americans against immigrants, citizens against non-citizens, to those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists for they erode our national unity and diminish our resolve. They give ammunition to America’s enemies and pause to America’s friends. They encourage people of good will to remain silent in the face of evil.” [CNN, 12/7/2001] It is reported that in the wake of 9/11, Attorney General John Ashcroft has prevented the FBI from investigating gun-purchase records to discover if any of the hundreds arrested or suspected since 9/11 had bought any guns. The White House supports him, saying they have no intention of changing the law to clarify the FBI’s ability to search gun-purchase records. [CNN, 12/6/2001; New York Times, 12/6/2001] A spokesman for The International Association of Chiefs of Police, the largest group of law enforcement executives in the US, says, “This is absurd and unconscionable. The decision has no rational basis in public safety. It sounds to me like it was made for narrow political reasons based on a right-to-bear-arms mentality.” [New York Times, 12/6/2001] There were reports that the 9/11 hijackers on at least Flight 11 and Flight 93 used guns in the hijacking (see (8:20 a.m.) September 11, 2001 and 9:27 a.m. September 11, 2001). At the Justice Department, an attorney-adviser in the Professional Responsibility Advisory Office (PRAO) named Jesselyn Radack provides a federal prosecutor in the terrorism and violent crimes section of the Criminal Division with advice on John Walker Lindh’s case. She informs him that “The FBI wants to interview American Taliban member John Walker [Lindh] some time next week… about taking up arms against the US.” She also writes: “I consulted with a senior legal adviser here at PRAO and we don’t think you can have the FBI agent question Walker. It would be a pre-indictment, custodial overt interview, which is not authorized by law.” She also advises him to have the FBI agent inform Lindh that his parents hired attorneys for him and ask him whether he wants to be represented by them. [Newsweek, 12/7/2001] In 2009, Radack will recall: “I was called with the specific question of whether or not the FBI on the ground could interrogate [Lindh] without counsel. And I had been told unambiguously that Lindh’s parents had retained counsel for him (see December 3-5, 2001). I gave that advice on a Friday, and the same attorney at Justice who inquired called back on Monday and said essentially, ‘Oops, they did it anyway. They interrogated him anyway. What should we do now?’ My office was there to help correct mistakes. And I said, ‘Well, this is an unethical interrogation, so you should seal it off and use it only for intelligence-gathering purposes or national security, but not for criminal prosecution.’ A few weeks later, Attorney General Ashcroft held one of his dramatic press conferences, in which he announced a complaint being filed against Lindh. He was asked if Lindh had been permitted counsel. And he said, in effect, ‘To our knowledge, the subject has not requested counsel.’ That was just completely false. About two weeks after that he held another press conference, because this was the first high-profile terrorism prosecution after 9/11. And in that press conference he was asked again about Lindh’s rights, and he said that Lindh’s rights had been carefully, scrupulously guarded, which, again, was contrary to the facts, and contrary to the picture that was circulating around the world of Lindh blindfolded, gagged, naked, bound to a board.” [Vanity Fair, 2/2009] Shortly thereafter, Radack will be fired from, and investigated by, the Justice Department (see Late December 2001 - 2002). The editors of the University of Maine newspaper, the Maine Campus, angrily respond to Attorney General John Ashcroft’s excoriation of civil libertarians who “scare peace-loving people with phantoms of lost liberty” (see December 6, 2001). The editors write, “The only reason why we lost liberty, you jack_ss, is because you took it away from us!” [Roberts, 2008, pp. 30] The Justice Department’s Patrick Philbin sends a classified memo to Attorney General John Ashcroft. The memo’s contents will not be divulged, but the American Civil Liberties Union (ACLU) will later learn that it regards Ashcroft’s review of the Terrorist Surveillance Program (TSP—see March 2002). [American Civil Liberties Union, 1/28/2009 ] The memo contains a legal review by Ashcroft of President Bush’s order authorizing the TSP, the Bush administration’s name for its warrantless wiretapping program. The review is requested before one of the 45-day reauthorizations by the president as required by law. [ProPublica, 4/16/2009] Attorney General John Ashcroft warns that suicide attacks “might be expected because of confidential information” the US government has received. He further warns, in regards to the five most wanted terrorists, that “These men could be anywhere in the world” and “may be trained and prepared to commit future suicide terrorist acts.” [NBC, 1/17/2002] Attorney General John Ashcroft publicly defends the president’s decision (see January 18-25, 2002) to deny detainees the protections of Geneva Conventions. He calls the detainees “terrorists” who “are uniquely dangerous.” [CNN, 1/22/2002] In a letter to President George Bush, Attorney General John Ashcroft argues that the Third Geneva Convention should not be applicable to the Taliban, based on two grounds. First, Afghanistan is a failed state and cannot therefore be considered a party to the treaty. Second, Taliban fighters acted as unlawful combatants. Explaining the advantages of this proposal, Ashcroft notes, “[A] Presidential determination against treaty applicability would provide the highest assurance that no court would subsequently entertain charges that American military officers, intelligence officials and law enforcement officials violated Geneva Convention rules relating to field conduct, detention conduct or interrogation of detainees.” [US Attorney General, 2/1/2002] As Judge Evan J. Wallach will later observe, “Attorney General Ashcroft’s letter seems to make it clear that by the end of January, at least, consideration was being given to conduct which might violate [the Third Geneva Convention’s] strictures regarding the detention and interrogation of prisoners of war.” [Wallach, 9/29/2004] Attorney General John Ashcroft says “I want to encourage…all Americans everywhere to be on the highest state of alert.” The FBI warns of a threat from Yemeni or Saudi Arabian terrorists who may be planning an imminent attack. [CNN, 2/12/2002] It is later revealed that the threat hadn’t been corroborated by other US intelligence agencies. In addition, the threat actually indicated a more likely attack in Yemen. This announcement was made the same day that Enron CEO Kenneth Lay appeared before Congress. A week earlier, the White House had been ordered to refrain from destroying any documentation related to Enron. [Rolling Stone, 9/21/2006 ] In dozens of top-secret talks and meetings in the White House Situation Room, the National Security Council “Principals Committee” discusses and approves specific methods of extreme interrogation techniques to be used by CIA agents against high-value terrorism suspects. The US media does not learn of this until six years later (see April 9, 2008). The Principals meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but approves the use of “combined” interrogation techniques on suspects that prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions were so detailed that the Principals virtually choreograph the sessions down to the number of times CIA agents could use specific tactics. [ABC News, 4/9/2008] The Principals also ensure that President Bush is not involved in the meetings, therefore granting him “deniability” over the decisions, though Bush will eventually admit to being very aware of the decisions (see April 11, 2008). The Principals, particularly Cheney, are described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. They eventually approve, among other methods, waterboarding, sleep deprivation, and physical abuse such as slaps and pushes. [Associated Press, 4/10/2008] Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of al-Qaeda operative Abu Zubaida in late March 2002 (see March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. Zubaida is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004). The CIA briefs the NSC Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. He is one of at least three al-Qaeda members to be waterboarded by CIA interrogators (see May 2002-2003). The 'Golden Shield' - The Principals Committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” [Associated Press, 4/10/2008] In August 2002, Justice Department lawyers in the Office of Legal Counsel write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. [ABC News, 4/9/2008] In April 2008, law professor Jonathan Turley will say, “[H]ere you have the CIA, which is basically saying, we’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it. So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] Even after the memo is issued, Tenet continues to hold meetings with his fellow Principals to seek confirmation that specific interrogation plans and scenarios are legal, often sparked by cables from agents in the field asking for authorization of particular methodologies, and for guidance in how to handle particular cases (see Summer 2003). Both Tenet and his successor, Porter Goss, will, along with CIA lawyers, regularly brief Cheney, Rice, Rumsfeld, Powell, and other senior White House officials about detainees in CIA custody overseas. One high-ranking official will later recall, “It kept coming up. CIA wanted us to sign off on each one every time. They’d say, ‘We’ve got so and so. This is the plan.’” In every instance, the Principals will approve the requests to use harsher methods. Ashcroft Uneasy at White House Involvement - One of the principals, Attorney General Ashcroft, is troubled by the discussions of harsh interrogation methods that sometimes cross the line into torture. Ashcroft seems perfectly happy with the methods being used, he just isn’t comfortable with senior White House officials being involved in the details of interrogating prisoners. After one meeting, Ashcroft asks, “Why are we talking about this in the White House? History will not judge this kindly.” [ABC News, 4/9/2008] Entity Tags: George J. Tenet, Colin Powell, Central Intelligence Agency, Bush administration, Al-Qaeda, Abu Zubaida, Donald Rumsfeld, US Department of Justice, Porter J. Goss, John Ashcroft, Jonathan Turley, Richard (“Dick”) Cheney, National Security Council, Condoleezza Rice, Office of Legal Counsel, George W. Bush, Ramzi bin al-Shibh Timeline Tags: Torture in Iraq, Afghanistan and elsewhere, Civil Liberties
Attorney General Ashcroft announces a second US criminal indictment of Saeed Sheikh, this time for his role in the kidnapping and murder of Daniel Pearl. The amount of background information given about Saeed is very brief, with only scant reference to his involvement with Islamic militant groups after his release from prison in 1999. It only mentions is that he fought in Afghanistan with al-Qaeda in September and October 2001. The indictment and Ashcroft fail to mention Saeed’s financing of the 9/11 attacks, and no reporters ask Ashcroft about this either. [CNN, 3/14/2002; Los Angeles Times, 3/15/2002] Attorneys from the CIA’s Office of Legal Counsel meet with a legal adviser from the National Security Council (NSC) and with members of the Justice Department’s Office of Legal Counsel. The meeting concerns the CIA’s proposed interrogation plan for newly captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002, March 28-August 1, 2002, and April - June 2002). The lawyers mull over the legal restrictions surrounding the proposed interrogations. CIA records will show that the NSC’s legal counsel will brief National Security Adviser Condoleezza Rice, Deputy National Security Adviser Stephen Hadley, Counsel to the President Alberto Gonzales, Attorney General John Ashcroft, and the head of the Justice Department’s criminal division, Michael Chertoff, on the discussion. [Senate Intelligence Committee, 4/22/2009 ] Entity Tags: US Department of Justice, National Security Council, Abu Zubaida, Alberto R. Gonzales, Stephen J. Hadley, Central Intelligence Agency, John Ashcroft, Michael Chertoff, Condoleezza Rice, Office of Legal Counsel Timeline Tags: Torture in Iraq, Afghanistan and elsewhere, Complete 911 Timeline
After the capture of al-Qaeda leader Abu Zubaida (see March 28, 2002), the US government is forced to review procedures on how Zubaida and future detainees should be treated. One CIA source will later say, “Abu Zubaida’s capture triggered everything.” The legal basis for harsh interrogations is murky at best, and the Justice Department will not give any legal guidelines to the CIA until August 2002, after Zubaida has already been tortured (see March 28-August 1, 2002 and August 1, 2002). Bush Kept out of Discussions - New York Times reporter James Risen will later claim in a 2006 book that after showing some initial interest in Zubaida’s treatment (see Late March 2002), President Bush is mysteriously absent from any internal debates about the treatment of detainees. The CIA’s Office of Inspector General later investigates evidence of the CIA’s involvement in detainee abuse, and concludes in a secret report that Bush is never officially briefed on the interrogation tactics used. Earlier meetings are chaired by White House counsel Alberto Gonzales and attended by, among others, Vice President Cheney’s chief lawyer David Addington, Justice Department lawyer John Yoo, White House lawyer Timothy Flanigan, and Pentagon chief counsel William J. Haynes. Later, CIA Director George Tenet gives briefings on the tactics to a small group of top officials, including Vice President Cheney, National Security Adviser Rice, Attorney General John Ashcroft, and future Attorney General Gonzales, but not Bush. CIA: 'No Presidential Approval' Needed for Torture - Risen will note that “Normally, such high-stakes—and very secret—CIA activities would be carefully vetted by the White House and legally authorized in writing by the president under what are known as presidential findings. Such directives are required by Congress when the CIA engages in covert action.” But through a legal sleight-of-hand, the CIA determines the interrogations should be considered a normal part of “intelligence collection” and not a covert action, so no specific presidential approval is needed. Risen concludes: “Certainly, Cheney and senior White House officials knew that Bush was purposely not being briefed and that the CIA was not being given written presidential authorization for its tactics. It appears that there was a secret agreement among very senior administration officials to insulate Bush and to give him deniability, even as his vice president and senior lieutenants were meeting to discuss the harsh new interrogation methods. President Bush was following a ‘don’t ask, don’t tell’ policy on the treatment of prisoners.” Later, Flanigan will say of the meetings, “My overwheming impression is that everyone was focused on trying to avoid torture, staying within the line, while doing everything possible to save American lives.” [Risen, 2006, pp. 23-27; Savage, 2007, pp. 154] Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, William J. Haynes, Timothy E. Flanigan, John Ashcroft, David S. Addington, George W. Bush, Abu Zubaida, James Risen, Central Intelligence Agency, George J. Tenet, Alberto R. Gonzales, Condoleezza Rice Timeline Tags: Torture in Iraq, Afghanistan and elsewhere, Complete 911 Timeline
The CIA believes that recently captured al-Qaeda operative Abu Zubaida (see March 28, 2002) is withholding “imminent threat information” from his US interrogators. To that end, the CIA sends attorneys from its Office of General Counsel to meet with Attorney General John Ashcroft, National Security Adviser Condoleezza Rice, Rice’s deputy Stephen Hadley, White House counsel Alberto Gonzales, and other senior White House aides to discuss what the Senate Intelligence Committee will later term “the possible use of alternative interrogation methods that differed from the traditional methods used by the US military and intelligence community” (see April 2002). The CIA proposes several “alternative” methods that equate to torture, including waterboarding, for Zubaida. After the meeting, the CIA asks the Justice Department’s Office of Legal Counsel (OLC) to prepare an opinion about the legality of the proposed interrogation methods. The CIA provides the OLC with, in the committee’s words, “written and oral descriptions of the proposed techniques.” The CIA also provides the OLC with information about the medical and psychological effects of the military’s Survival, Evasion, Resistance, and Escape (SERE) training, which trains soldiers how to counter and resist torture and harsh interrogation techniques (see December 2001). [Senate Intelligence Committee, 4/22/2009 ; BBC, 4/23/2009] Meanwhile, the CIA will send Zubaida to Thailand for torture (see March 2002 and April - June 2002). The Foreign Intelligence Surveillance Court (FISC) turns down the Justice Department’s bid for sweeping new powers to monitor and wiretap US citizens. FISC judges rule that the government has misused the law and misled the court dozens of times. The court finds that Justice Department and FBI officials supplied false or misleading information to the court in over 75 applications for search warrants and wiretaps, including one signed by then-FBI director Louis Freeh. While the court does not find that the misrepresentations were deliberate, it does rule that not only were erroneous statements made, but important information was omitted from some FISA applications. The judges found so many inaccuracies and errors in FBI agent Michael Resnick’s affidavits that they bar him from ever appearing before the court again. The court cites “the troubling number of inaccurate FBI affidavits in so many FISA applications,” and says, “In virtually every instance, the government’s misstatements and omissions in FISA applications and violations of the Court’s orders involved information sharing and unauthorized disseminations to criminal investigators and prosecutors.” The court is also unhappy with the Justice Department’s failure to answer for these errors and omissions, writing, “How these misrepresentations occurred remains unexplained to the court.” The court finds that in light of such impropriety, the new procedures proposed by Attorney General John Ashcroft in March would give prosecutors too much control over counterintelligence investigations, and would allow the government to misuse intelligence information for criminal cases. The ruling is a severe blow to Ashcroft’s attempts since the 9/11 attacks to allow investigators working in terrorism and espionage to share more information with criminal investigators. (These limitations were put in place after the Church Commission’s findings of massive fraud and misuse of domestic surveillance programs during the 1950s, 60s, and 70s. See April, 1976, January 29, 1976, and December 21, 1974). The Justice Department says of the decision, “We believe the court’s action unnecessarily narrowed the Patriot Act and limited our ability to fully utilize the authority Congress gave us.” Interestingly, the Justice Department also opposed the public release of FISC’s decision not to grant the requested powers. Stewart Baker, former general counsel of the NSA, calls the opinion “a public rebuke. The message is you need better quality control. The judges want to ensure they have information they can rely on implicitly.” Bush officials have complained since the 9/11 attacks that FISA requirements hamper the ability of law enforcement and intelligence agents to track terrorist suspects, including alleged hijacking conspirator Zacarias Moussaoui (see August 16, 2001). Those requirements mandate that agents must show probable cause that the subject of a search or wiretap is an agent of a foreign government or terrorist group, and, because FISA standards for obtaining warrants is far lower than for ordinary criminal warrants, mandate strict limits on the distribution of information secured from such investigations. The FBI searched Moussaoui’s laptop computer and other belongings without a FISA warrant because some officials did not believe they could adequately show the court that Moussaoui had any connections to a foreign government or terrorist group. In its ruling, FISC suggests that if the Justice Department finds FISA too restrictive, they should ask Congress to update the law. Many senators on the Judiciary Committee say they are willing to enact such reforms, but have complained of resistance from Ashcroft and a lack of cooperation from the Bush administration. [Washington Post, 8/23/2002] In November 2002, the Foreign Intelligence Surveillance Court of Review will overturn the FISC decision and give the Justice Department what it asked for (see November 18, 2002). Entity Tags: Foreign Intelligence Surveillance Court, Federal Bureau of Investigation, Charles Grassley, US Department of Justice, Stewart Baker, Zacarias Moussaoui, National Security Agency, John Ashcroft, Church Commission, USA Patriot Act, Louis J. Freeh, Michael Resnick Timeline Tags: Civil Liberties
Attorney General Ashcroft relaxes decades-old rules limiting government agents from monitoring domestic religious and political groups. Now, FBI agents can attend political rallies or religious meetings without evidence of a crime or advance approval from superiors. The new rules also permit the FBI to broadly search or monitor the internet for evidence of criminal activity without having any tips or leads that a specific criminal act has been committed. [Philadelphia Inquirer, 5/31/2002] For the first time, Bush concedes that his intelligence agencies had problems: “In terms of whether or not the FBI and the CIA were communicating properly, I think it is clear that they weren’t.” [London Times, 6/5/2002] However, in an address to the nation three days later, President Bush still maintains, “Based on everything I’ve seen, I do not believe anyone could have prevented the horror of September the 11th.” [Sydney Morning Herald, 6/8/2002] Days earlier, Newsweek reported that the FBI had prepared a detailed chart showing how agents could have uncovered the 9/11 plot if the CIA had told them what it knew about the hijackers Nawaf Alhazmi and Khalid Almihdhar sooner. (FBI Director Mueller denies the existence of such a chart. [Washington Post, 6/3/2002] ) One FBI official says, “There’s no question we could have tied all 19 hijackers together.” [Newsweek, 6/2/2002] Attorney General Ashcroft also says it is unlikely better intelligence could have stopped the attacks. [Washington Post, 6/3/2002] FBI Director Robert Mueller testifies before the Senate Judiciary Committee, just hours before the testimony of FBI agent Coleen Rowley, whose accusations of FBI malfeasance before the 9/11 attacks have sparked Congressional interest (see June 6, 2002). Mueller promises the committee that Rowley will not be punished for speaking out, and admits that Rowley is correct in some of her assessments, including her insistence that the bureau change to meet the threats posed by loosely organized terrorist groups. “When we looked back, we saw things that we should have done better and things that we should have done differently, but we also saw things that were done well and things that we should do more,” Mueller tells the assembled lawmakers. [CNN, 6/6/2002] Some senators take Mueller’s assessments even farther. Herbert Kohl (D-WI) says, “Had the FBI been totally alert and had the FBI used its current capabilities to the best of its ability, there was at least a very good chance that the terrorist plot could have been uncovered.” [Los Angeles Times, 6/7/2002] Refuses to Answer Questions about Presidential Discussions - Committee member Joe Biden (D-DE) repeatedly asks Mueller whether President Bush consulted with him before the 2001 reorganization of the nation’s domestic security apparatus under the Homeland Security rubric (see September 20, 2001). Mueller refuses to discuss his conversations with Bush. “There is no executive privilege here,” Biden says. “I’m asking you whether you were consulted. I think this is ridiculous.” Law enforcement officials later confirm that both Mueller and Attorney General John Ashcroft were consulted as part of planning for the reorganization. 'Antiquated' Computer System - Democratic senator Charles Schumer (D-NY) questions Mueller about the antiquated computer system used by the FBI (Rowley herself will testify that her agents could not search FBI files for information pertaining to their inquiry into so-called “20th hijacker” Zacarias Moussaoui—see August 21, 2001 and August 23-27, 2001). Mueller confirms that Rowley and agents working with her could not search for terms such as “flight school,” but instead were limited to single-word searches such as “flight” or “school,” which produced masses of irrelevant results. Schumer calls the FBI system “almost laughable,” and adds, “It just makes my jaw drop to think that on 9/11 or on 9/10 the kind of technology that is available to most school kids, and certainly every small business in this country, wasn’t available to the FBI.” Mueller says it will take two or three years to upgrade the FBI’s computers. “I think we are way behind the curve,” he says. Criticism of Civil Liberties Reductions - Senator Edward Kennedy (D-MA) criticizes Mueller for his decision, in conjunction with Attorney General John Ashcroft, to loosen restrictions on the FBI that limit the bureau’s ability to investigate and monitor citizen dissidents and organizations. “In particular, I’m troubled by the visa-holder-registration policy announced yesterday,” he says, referring to a Justice Department plan to require that about 100,000 foreigners in the United States be fingerprinted by the government. “Your agency is expending valuable time and resources to recruit these US citizens in our Arab and Muslim communities. And at the same time, the Justice Department is photographing, fingerprinting and registering their law-abiding siblings, cousins, visiting the United States.” [New York Times, 6/7/2002] “What impact do you think these policies will have on the Arab and Muslim communities in the US if you’re holding job fairs in the morning and fingerprinting them in the afternoon?” Kennedy asks. Mueller responds that the FBI will be careful not to step on anyone’s constitutional rights: “I still believe that we have to protect the freedoms that we have in this country that are guaranteed by the Constitution, or all the work we do to protect it will be at naught.” [Los Angeles Times, 6/7/2002] Entity Tags: Charles Schumer, John Ashcroft, Coleen Rowley, Herbert Kohl, Edward Kennedy, Federal Bureau of Investigation, US Department of Justice, Joseph Biden, Robert S. Mueller III, Senate Judiciary Committee, Zacarias Moussaoui Timeline Tags: Complete 911 Timeline
In a memo to Attorney General John Ashcroft, Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), says that the US has the absolute right to detain US citizen Jose Padilla without charge and without legal representation (see May 8, 2002). Bybee also claims that the Posse Comitatus Act, which prevents the US military from operating inside the US itself, “poses no bar to the military’s operations in detaining Padilla.” [US Department of Justice, 6/8/2002 ; American Civil Liberties Union, 1/28/2009 ] The day after this memo is issued, Padilla is classified as an “enemy combatant” and transferred to the US Naval Brig in Charleston, South Carolina (see June 9, 2002). President George Bush designates Padilla, who has been in custody since May 8 (see May 8, 2002), an “enemy combatant” on advice from Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft (see June 8, 2002), and directs Rumsfeld to see that he his taken into military custody. Padilla is taken to the Consolidated Naval Brig in Charleston, South Carolina sometime during the middle of that night. At the time of the transfer, Padilla was awaiting a judgment on a request made by his counsel to have the material witness warrant (see May 8, 2002) vacated. [CNN, 6/11/2002] Attorney General John Ashcroft announces Padilla’s arrest (see June 9, 2002), claiming that “in apprehending [Padilla] as he sought entry into the United States,” the US government has “disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive ‘dirty bomb.’” [CBS News, 6/10/2002] Similarly, President George Bush says: “This guy, Padilla, is a bad guy. And he is where he needs to be—detained,” along with many other “would-be killers” as part of the war on terrorism. And Defense Secretary Donald Rumsfeld too, states that Padilla “was unquestionably involved in terrorist activities.” [CNN, 6/11/2002] Several members of Congress submit a list of 50 questions to Attorney General Ashcroft, asking him how the Patriot Act is being implemented (see October 26, 2001). [New York Times, 7/14/2002] For instance, they ask, “How many times has the department requested records from libraries, bookstores and newspapers? How many roving wiretaps has the department requested?” Ashcroft refuses to answer many of the questions, even though he is legally required to do so. [San Francisco Chronicle, 9/8/2002] Senate Judiciary Committee Chairman Patrick J. Leahy (D-VT) fails to receive any response to dozens of letters he writes to Ashcroft, and other senators complain of a complete stonewall from Ashcroft. [Washington Post, 8/21/2002] In March 2003, senators continue to complain that Ashcroft still has not provided the oversight information about the Patriot Act that he is required to give by law. [ABC News, 3/12/2003] Zacarias Moussaoui indicates that he is willing to disclose information to the US authorities, but his overtures are rejected by the FBI and the Justice Department. After learning of Moussaoui’s offer, Minneapolis FBI counsel Coleen Rowley contacts assistants to FBI director Robert Mueller and to Justice Department manager Michael Chertoff. She says she is worried about Moussaoui’s research into cropdusting and wind patterns, and that the information he could provide may prove useful averting a second strike by al-Qaeda. Rowley will later comment: “But by that time Moussaoui had been charged with the death penalty and I deduced that [attorney general John] Ashcroft would not allow any potential for bargaining leverage to be injected into the case.” [Huffington Post, 5/2/2007] The FBI names Steven Hatfill as a “person of interest” in the anthrax attacks (see October 5-November 21, 2001), the first person to be so named. The same day, the FBI conductis a second search of his house after tipping the media off in advance (see August 1, 2002). [Associated Press, 8/1/2002; London Times, 8/2/2002] CBS News initially reports: “Federal law enforcement sources told CBS News that Dr. Steven Hatfill was ‘the chief guy we’re looking at’ in the probe. The sources were careful not to use the word suspect, but said they were ‘zeroing in on this guy’ and that he is ‘the focus of the investigation.’” But later in the day their story is changed and that text is removed. Instead, Hatfill is referred to as “a bio-defense scientist on the FBI’s radar screen for months who’s now emerged as a central figure in the anthrax investigation.” [CBS News, 8/1/2002] On the same day, Barbara Hatch Rosenberg, one of the world’s top anthrax specialists, is interviewed by FBI agents who ask her whether a team of government scientists could be trying to frame Hatfill. Rosenberg has been very publicly critical of the FBI investigation. [Washington Times, 8/3/2002] She actually appears to be a key figure in getting the FBI to focus on Hatfill in the first place (see February-June 2002). Newsweek follows with a lengthy article purporting to detail the entire anthrax investigation, but it focuses entirely on Hatfill and fails to mention others involved in suspicious activities. [Newsweek, 8/4/2002] The Washington Post does a similar story focusing on Hatfill only, and even claims the US biowarfare program ended decades ago, despite revelations in late 2001 that it is still continuing. [Washington Post, 8/4/2002] Attorney General John Ashcroft calls Hatfill a “person of interest” on August 6. [Los Angeles Times, 6/29/2008] A Justice Department grants administrator sends an e-mail to Louisiana State University’s biomedical research and training center, telling it to “immediately cease and desist” from employing researcher and 2001 anthrax attacks suspect Steven Hatfill on department-funded programs. The next day Hatfill is placed on administrative leave. [CNN, 9/5/2002; Los Angeles Times, 6/29/2008] On September 4, he is fired. [Associated Press, 9/4/2002] A day after that, the person who hired him is fired as well. [Associated Press, 9/5/2002] The LSU center relies on funding from the Justice Department for 97 percent of its money. [Weekly Standard, 9/16/2002] The New York Times will later report that “several senior law enforcement officials expressed embarrassment over the e-mail incident, saying the domestic preparedness office acted improperly because Mr. Hatfill has never been charged with any wrongdoing and has not been [officially] identified as a suspect.” [New York Times, 9/5/2002] Attorney General John Ashcroft and five FBI officials will later testify that they knew of no other instance in which the government had forced an investigative target out of a non-governmental job. [Los Angeles Times, 6/29/2008] Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 ] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see Spring 2002 and Beyond). [ABC News, 4/9/2008] Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007] Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004] Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004] Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156] Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004] Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007] Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004] Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004). Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007] Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel, David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith Timeline Tags: Torture in Iraq, Afghanistan and elsewhere, Complete 911 Timeline, Civil Liberties
Civil rights division logo. [Source: US Department of Justice]The Bush administration embarks on a program to politicize the Justice Department’s civil rights division (CRD). The CRD is staffed by some 350 permanently employed lawyers who take complaints, investigate problems, propose lawsuits, litigate cases, and negotiate settlements. For decades, the decisions on who should fill these positions have been made by civil servants and not by political appointees. The CRD is an obvious target for politicization, and until now the Justice Department has tried to ensure that no such politicization ever took place. “There was obviously oversight from the front office [where the political appointees work], but I don’t remember a time when an individual went through that process and was not accepted,” Charles Cooper, a former lawyer in the CRD during the Reagan administration, will later recall. “I just don’t think there was any quarrel with the quality of individuals who were being hired. And we certainly weren’t placing any kind of political litmus test on… the individuals who were ultimately determined to be best qualified.” Hiring Conservatives in Place of Career Lawyers - But Attorney General John Ashcroft changes those rules, without making any sort of official announcement. The hiring committee is not formally disbanded, but it stops having meetings scheduled, and the political appointees begin making career hiring decisions. In 2007, author and reporter Charlie Savage will write, “The result of the unprecedented change was a quiet remaking of the civil rights division, effectively turning hundreds of career jobs into politically appointed positions.” No longer would career attorneys be hired for their civil rights background; instead, lawyers from conservative law schools or from conservative legal organizations such as the Republican National Lawyers Association are given favorable treatment. Some of the new hires worked with Kenneth Starr’s Whitewater investigative team or had worked with other prominent conservatives, including former Attorney General Edwin Meese or Senator Trent Lott (R-MO). Some list themselves as belonging to prominent Christian political organizations that promote socially conservative views such as opposition to abortion and to affirmative action. Shift towards 'Reverse Discrimination' Cases - After the new hires are in place, the division shifts its focus: instead of working on voter rights, employment discrimination, and other such cases affecting African-Americans and Hispanics, the division begins working to develop “reverse discrimination” cases in favor of whites and Christians. [Savage, 2007, pp. 295-297] Driving Career Employees Away - Over the next few years, the types of cases pursued by the CRD changes drastically (see 2005, 2006, and 2006), and career attorneys with decades of service begin leaving the division in large numbers. The Justice Department will even encourage older hires to leave by offering them a buyout. Savage will write, “With every new vacancy, the administration gained a new change to use the new rules to hire another lawyer more in line with its political agenda.” CRD attorney David Becker will tell a 2006 NAACP hearing: “Even during other administrations that were perceived as being hostile to civil rights enforcement, career staff did not leave in numbers approaching this level. In the place of those experienced litigators and investigators, this administration has, all too often, hired inexperienced ideologues, virtually none of which have any civil rights or voting rights experience.” Some supporters say that the Bush administration is merely righting an imbalance, where the CRD was previously top-heavy with liberal lawyers interested in protecting African-Americans over other groups, but one of the CRD’s top career lawyers from 1965 through 1994, Jim Turner, says, “To say that the civil rights division had a special penchant for hiring liberal lawyers is twisting things.” [Savage, 2007, pp. 298-299] Entity Tags: John Ashcroft, Civil Rights Division, Charlie Savage, Charles Cooper, Bush administration, David Becker, Jim Turner, Trent Lott, US Department of Justice, Edwin Meese, Republican National Lawyers Association, Kenneth Starr Timeline Tags: Civil Liberties
In early September 2002, a group of senior Bush administration officials gathers for a secret videoconference to decide what to do with the “Lackawanna Six,” the six Yemeni-Americans living in Lackawanna, New York, who had attended an al-Qaeda training camp before 9/11. Vice President Dick Cheney and Defense Secretary Donald Rumsfeld argue that the men should be locked up indefinitely as “enemy combatants,” and thrown into a military brig with no right to trial or even to see a lawyer. The US has already done this with two other US citizens, Yaser Hamdi and Jose Padilla. According to a participant in the meeting, Cheney argues, “They are the enemy, and they’re right here in the country.” However, all six men left their basic training course early and there is no evidence any of them had carried out or even planned any terrorist acts (see April-August 2001). Attorney General John Ashcroft insists he can bring a tough criminal case against them for providing “material support” to al-Qaeda. Ashcroft wins the argument and the six men are formally charged several days later (see September 13, 2002). [Newsweek, 10/10/2007] The six men will all eventually strike plea bargains and plead guilty, saying they were essentially forced to because the government made clear that if they fought the charges they would be declared enemy combatants (see May 19, 2003). The government raises the National Alert Level to orange, the second highest level possible. This is the first time such an alert has been raised since 9/11. The government temporarily closes for public business about two dozen US diplomatic posts worldwide. Officials say there is no specific known threat against targets in the US. [Washington Post, 9/10/2002] President Bush personally makes the announcement while Vice President Cheney flees to a “secure location.” Attorney General John Ashcroft warns that the threat targets “transportation and energy sectors.” No specific details on the nature or targets of the threat are supplied. The heightened terror alert coincides with the president’s address to the nation from Ellis Island on the first anniversary of 9/11 (see September 11, 2002 and Before). [Rolling Stone, 9/21/2006 ] The White House publishes a 26-page government white paper titled, “A Decade of Deception and Defiance,” which seeks to demonstrate that Saddam Hussein represents a serious and imminent threat to the United States. The report, written by White House Iraq Group member James Wilkinson, relies primarily on public sources, including reports that have been published by human rights groups and the State Department, as well as various newspaper articles, including two by the New York Times. [Isikoff and Corn, 2006, pp. 48] Section 5 of the report deals with “Saddam Hussein’s support for international terrorism,” though it makes no attempt to tie Hussein’s government to al-Qaeda or Osama bin Laden. It lists six points linking Saddam Hussein to terrorist activities, some dating as far back as the ‘70s. One of the points criticizes Iraq for its ties to the Mujahadeen-e Khalq Organization (MKO), an obscure militant Iranian dissident group whose main office is in Baghdad. The report says: “Iraq shelters terrorist groups including the Mujahedin-e-Khalq Organization (MKO), which has used terrorist violence against Iran and in the 1970s was responsible for killing several US military personnel and US civilians.” The paper notes that the US State Department classified MKO as a “foreign terrorist organization” in 1997, “accusing the Baghdad-based group of a long series of bombings, guerilla cross-border raids and targeted assassinations of Iranian leaders.” [Newsweek, 9/26/2002 Sources: Richard Durbin] The administration is quickly ridiculed for making the claim when, two weeks later, Newsweek reports that MKO’s front organization, the National Council of Resistance of Iran, has a small office in the National Press Building in Washington, DC. It is also reported that only two years beforehand this very group had been supported by then-Senator John Ashcroft and more than 200 other members of Congress. On several issues the senator and his colleagues had expressed solidarity with MKO at the behest of their Iranian-American constituencies. [Newsweek, 9/26/2002] Another allegation included in the paper states that Iraqi defector Adnan Ihsan Saeed al-Haideri, a civil engineer, “had visited twenty secret facilities for chemical, biological, and nuclear weapons.” According to the White House dossier, Haideri “supported his claims with stacks of Iraqi government contracts, complete with technical specifications.” Ten months earlier, the CIA had debriefed Haideri in Bangkok and concluded from the results of a polygraph that Haideri account was a complete fabrication (see December 17, 2001). [Executive Office of the President, 9/12/2002 ]
Zacarias Moussaoui.
[Source: Sherburne County Sheriffs Office]Seymour Hersh of New Yorker magazine reveals that, despite a weak case against Zacarias Moussaoui, no federal prosecutor has discussed a plea bargain with him since he was indicted in November 2001. Hersh reports that “Moussaoui’s lawyers, and some FBI officials, remain bewildered at the government’s failure to pursue a plea bargain.” Says a federal public defender, “I’ve never been in a conspiracy case where the government wasn’t interested in knowing if the defendant had any information—to see if there wasn’t more to the conspiracy.” Apparently a plea bargain isn’t being considered because Attorney General Ashcroft wants nothing less than the death penalty for Moussaoui. One former CIA official claims, “They cast a wide net and [Moussaoui] happened to be a little fish who got caught up in it. They know it now. And nobody will back off.” A legal expert says, “It appears that Moussaoui is not competent to represent himself, because he doesn’t seem to understand the fundamentals of the charges against him, but I am starting to feel that the rest of us are crazier… we may let this man talk himself to death to soothe our sense of vulnerability.”
[New Yorker, 9/30/2002] The Office of Legal Counsel (OLC)‘s John Yoo sends a classified memo to Attorney General John Ashcroft. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo’s subject is the legality of certain communications intelligence activities. [American Civil Liberties Union, 1/28/2009 ] At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. [New York Observer, 1/22/2004] The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. [Vanity Fair, 9/2005] The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” [US Department of Justice, 10/18/2002; Siegel, 2008, pp. 201] The Justice Department provides limited information to the House Judiciary Committee about actions performed under the new Patriot Act (see October 26, 2001). Representative James Sensenbrenner (R-WI) had demanded answers to 50 questions regarding the Patriot Act from Attorney General John Ashcroft, or else he would “start blowing a fuse.” Among other things, Sensenbrenner wanted to know how many times the Justice Department had implemented wiretaps under the act, and threatened Congressional subpoenas and opposition to the act when it comes up for renewal. Sensenbrenner and the Judiciary Committee receive far less than originally requested, with the Justice Department asserting that much of the information is classified and cannot be revealed. Sensenbrenner declares himself satisfied. [Savage, 2007, pp. 114-115] The cover of ‘Bush at War.’ [Source: Amazon (.co.uk)]Author and famed reporter Bob Woodward’s book Bush at War is published. Unprecedented Access - Woodward, who made his reputation uncovering the Watergate conspiracy from 30 years before (see June 15, 1974), is no longer an unknown young reporter working to find sources that will confide in him. Now he is an established Washington insider. For this book, Woodward was granted “unprecedented access” to Bush administration officials, including notes from National Security Council meetings and two long interviews with President Bush himself, far more access than even that granted to the 9/11 Commission and Congressional inquiries into other events of interest. Former Republican House Speaker Newt Gingrich will find this level of access inexplicable, saying that “it makes no sense for an administration that has jealously guarded its executive privilege to allow a reporter the access it denies to members of Congress.” Hagiographic Account - The Observer’s Peter Preston calls Woodward’s book a “more-or-less instant study of the White House after 9/11,” and writes that while Woodward could have created “a classic of investigative journalism,” instead he gave us a compendium of “painful, obsessively useless detail” that generally paints the picture the White House wants painted. If Woodward’s book is to be believed, Preston writes, the Colin Powell moderates and the Dick Cheney hawks “had their snappy moments, but they’re OK-ish now.” CIA Director George Tenet “is a far-sighted man” who not only immediately divined that Osama bin Laden was behind the attacks, but while the towers were still burning, wondered if the attacks had anything to do with “that guy taking pilot training,” Zacarias Moussaoui. Iraq war planner General Tommy Franks usually feels “finer than the hair on a frog’s back.” Former President Clinton’s “weak-willed men used to ‘pound the desert’ ineffectually, while his brilliant successors like to hit something, if at all possible.” And President Bush “is bright and talented and eloquent and decisive,” who runs National Security Council meetings himself and knows all he needs to know about the state of the world (Woodward quotes Bush as saying, “I’m not a textbook player—I’m a gut player”). Both Preston and author Frank Rich accuse Woodward of “burnishing” Bush’s image at the expense of the truth. A few potentially embarrassing tidbits manage to poke their way through what both Preston and Rich call the “hagiography,” mostly relating to senior administration officials’ lack of knowledge about Afghan tribal politics and the lack of evidence tying Saddam Hussein to the 9/11 attacks. But all told, the book seems to tell a clear story: where Clinton was indecisive, Bush is forthright; where Clinton muddled around with bin Laden and Middle East terrorism, Bush is taking the war straight into the heart of the Islamist redoubt. [Observer, 12/1/2002; Rich, 2006, pp. 66-67] The book gives such a favorable impression of Bush and his administration that the Republican National Committee will recommend it on its Web site. [New York Times, 11/12/2006] Selective Reporting - The administration officials who talked to Woodward are painted in largely glowing terms, while those who did not (including Attorney General John Ashcroft and Homeland Security head Tom Ridge) are, in Preston’s words, “written out of the script.” Potentially embarrassing incidents such as the administration’s complete failure to find the source of the anthrax mailings of 2001 (see September 17-18, 2001 and October 5-November 21, 2001) and the ineffective roundup of thousands of Middle Eastern “terror suspects” after 9/11 (see Late November, 2001) are ignored entirely. The pivotal Afghan battle of Tora Bora, where bin Laden was allowed to escape US clutches (see Mid-November 2001-Mid-December 2001), gets two paragraphs. [Observer, 12/1/2002; Rich, 2006, pp. 66-67] Guardian reviewer Peter Symon notes that Woodward even fails to ask the most “obvious questions” about the 9/11 attacks, instead accepting the administration’s accounts of events and its responses as absolute and unquestionable. [Guardian, 1/29/2003] Rich notes that Woodward grants Bush and his officials tremendous individual credence, taking their word on one issue after another without question: for example, when Bush calls investigative journalist Seymour Hersh “a liar,” Woodward takes Bush’s word without giving Hersh a chance to respond. More generally, Woodward never asks the obvious follow-up questions. Bush explains why the US didn’t attack Afghanistan and Iraq simultaneously after the 9/11 attacks: “If we tried to do too many things… militarily, then… the lack of focus would have been a huge risk.” Rich notes, “The follow-up question that was not to be found in Bush at War was simple enough: If it was a huge risk to split our focus between Saddam and al-Qaeda then, why wasn’t it now?” Preston concludes: “Maybe the Woodward of three decades ago would have given [the Bush administration more intense scrutiny]. No longer. Today’s Woodward, eight bestsellers later, skates breathlessly from interview to interview and notepad to notepad without ever, seemingly, stopping to think, ‘Why am I being told all this? What does it mean?’ It isn’t investigation, just cross-referenced compilation.” [Observer, 12/1/2002; Rich, 2006, pp. 66-67] Entity Tags: Peter Preston, National Security Council, John Ashcroft, Frank Rich, Bob Woodward, Bush administration, Newt Gingrich, Thomas Franks, Peter Symon, George W. Bush, Republican National Committee, Seymour Hersh, Richard (“Dick”) Cheney Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda
Ghassan Elashi holds a press conference and denies any connection to terrorist funding. [Source: Associated Press]Mousa Abu Marzouk, his wife, and five brothers (Ghassan Elashi, Bayan Elashi, Hazim Elashi, Basman Elashi, and Ihsan Elashi) are charged with conspiracy, money laundering, dealing in the property of a designated terrorist, illegal export, and making false statements. The brothers are arrested in Texas, but Marzouk and his wife are living in Syria and remain free. Marzouk is considered a top leader of Hamas. FBI agent Robert Wright had been investigating Marzouk and the brothers since the late 1990s. Wright is set to appear on ABC News on December 19, 2002, to complain that the FBI had failed to prosecute Marzouk for years. As the New York Post notes, “That got results: A day before the show aired, Attorney General Ashcroft announced he would indict Marzouk.” [BBC, 12/18/2002; Associated Press, 12/18/2002; Washington Post, 12/19/2002; New York Post, 7/14/2004] FBI agent John Vincent, who worked closely with Wright, comments, “From within the FBI, [Wright] and I tried to get the FBI to use existing criminal laws to attack the infrastructure of terrorist organizations within the United States, but to no avail. It took an appearance [on television] by [Wright] and I to propel them into making arrests that they could have made as early as 1993.” [Federal News Service, 6/2/2003] ABC News similarly notes, “Marzouk was in US custody in 1997 and under criminal investigation then for much the same crimes cited today.” [ABC News, 12/18/2002] Ghassan Elashi was the vice president of InfoCom Corporation, which was raided on September 5, 2001 (see September 5-8, 2001). He was also chairman of Holy Land Foundation, which was shut down in December 2001. InfoCom and Holy Land were based in the same Texas office park and shared many of the same employees. [Guardian, 9/10/2001; CBS News, 12/18/2002; Associated Press, 12/23/2002] Holy Land raised $13 million in 2000 and claimed to be the largest Muslim charity in the US. The government charges that Hamas members met with Ghassan Elsashi and other Holy Land officials in 1993 to discuss raising money for the families of suicide bombers (see October 1993). Wright had begun an investigation into Holy Land that same year, but he faced obstacles from higher-ups and eventually his investigation was shut down. [CBS News, 12/18/2002; New York Times, 7/28/2004] In 2004, the five Elashi brothers will be convicted of selling computer equipment overseas in violation of anti-terrorism laws. In 2005, three of the brothers, Ghassan, Basman, and Bayan Elashi, will be found guilty of supporting Hamas by giving money to Mazouk through 2001. [BBC, 7/8/2004; Associated Press, 4/13/2005] In July 2004, Ghassan Elashi will be charged again, along with four other former Holy Land officials. Two other Holy Land officials will also charged but not arrested, since they had recently left the country. Sen. Charles Schumer (D) will state, “I wonder why this prosecution has taken so long. I think until recently we have not put the resources needed into tracking groups that finance terrorism, and the fact that they didn’t get 24-hour surveillance on these two who escaped is galling and perplexing.” [New York Times, 7/28/2004] In 2007, this court case will result in a mistrial, and be cast as a major setback for the Justice Department (see October 19, 2007). Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), is stepping down to become a federal judge (see February 5, 2003). White House counsel Alberto Gonzales and Vice President Cheney’s lawyer, David Addington, want OLC lawyer John Yoo to take Bybee’s place. But Attorney General John Ashcroft, miffed at Yoo’s bureaucratic maneuvers to give the White House a direct connection into the department and cut Ashcroft out of the loop, refuses. Yoo resigns in the summer of 2003 and resumes his position as a law professor at the University of California at Berkeley. Instead, Ashcroft and the White House will choose Jack Goldsmith to head the OLC (see October 6, 2003). Goldsmith seems a perfect replacement for Yoo—the two had coauthored one Wall Street Journal op-ed that claimed treaties were not binding on the US, and another Journal op-ed claiming that President Bush had the right to unilaterally withdraw the US from the Anti-Ballistic Missile Treaty (see May 26, 1972). Goldsmith was also a supporter of the administration’s military commissions program, noting that the need for “swift justice” was transcendant. [Savage, 2007, pp. 182]
Charles Lewis.
[Source: Center for Public Integrity]Charles Lewis of the Center for Public Integrity reveals the leaked text of a new anti-terrorism bill. Called the Domestic Security Enhancement Act of 2003, it becomes popularly known as the Patriot Act II. The text of the bill is dated January 9, 2003. [Congress, 1/9/2003; NOW with Bill Moyers, 2/7/2003; Center for Public Integrity, 2/7/2003] Before it was leaked, the bill was being prepared in complete secrecy from the public and Congress. Only House Speaker Dennis Hastert and Vice President Cheney were sent copies on January 10. [San Francisco Chronicle, 2/11/2003] A week earlier, Attorney General Ashcroft said the Justice Department was not working on any bill of this type, and when the text is released, they say it is just a rough draft. But the text “has all the appearance of a document that has been worked over and over.” [Village Voice, 2/28/2003; ABC News, 3/12/2003] Some, including a number of congresspeople, speculate that the government is waiting until a new terrorist act or war fever before formally introducing this bill. [NOW with Bill Moyers, 2/7/2003; Associated Press, 2/10/2003; United Press International, 3/10/2003; Village Voice, 3/26/2003] Here are some of its provisions:
1) The attorney general is given the power to deport any foreign national, even people who are legal permanent residents. No crime need be asserted, no proof offered, and the deportation can occur in complete secrecy. [St. Petersburg Times, 2/16/2003]
2) It would authorize secret arrests in terrorism investigations, which would overturn a court order requiring the release of names of their detainees. [St. Petersburg Times, 2/16/2003] Not even an attorney or family need be informed until the person is formally charged, if that ever happens. [ABC News, 3/12/2003]
3) The citizenship of any US citizen can be revoked if they are members of or have supported any group the attorney general designates as terrorist. [St. Petersburg Times, 2/16/2003] A person who gives money to a charity that only later turns out to have some terrorist connection could then lose his or her citizenship. [CNN, 3/6/2003]
4) “Whole sections… are devoted to removing judicial oversight.” Federal agents investigating terrorism could have access to credit reports, without judicial permission. [St. Petersburg Times, 2/16/2003]
5) Federal investigators can conduct wiretaps without a court order for 15 days whenever Congress authorizes force or in response to an attack on the United States. [United Press International, 3/10/2003]
6) It creates a DNA database of anyone the Justice Department determines to be a “suspect,” without court order. [Mercury News (San Jose), 2/20/2003]
7) It would be a crime for someone subpoenaed in connection with an investigation being carried out under the Patriot Act to alert Congress to any possible abuses committed by federal agents. [ABC News, 3/12/2003]
8) Businesses and their personnel who provide information to anti-terrorism investigators are granted immunity even if the information is fraudulent. [ABC News, 3/12/2003]
9) The government would be allowed to carry out electronic searches of virtually all information available about an individual without having to show probable cause and without informing the individual that the investigation was being carried out. Critics say this provision “would fundamentally change American society” because everyone would be under suspicion at all times. [ABC News, 3/12/2003]
10) Federal agents would be immune from prosecution when they engage in illegal surveillance acts. [United Press International, 3/10/2003]
11) Restrictions are eased on the use of secret evidence in the prosecution of terror cases. [United Press International, 3/10/2003]
12) Existing judicial consent decrees preventing local police departments from spying on civil rights groups and other organizations are canceled. [Salon, 3/24/2003]
Initially the story generates little press coverage, but there is a slow stream of stories over the next weeks, all expressing criticism. Of all the major newspapers, only the Washington Post puts the story on the front page, and no television network has the story in prime time. [Associated Press, 2/8/2003; CBS News, 2/8/2003; Los Angeles Times, 2/8/2003; New York Times, 2/8/2003; Washington Post, 2/8/2003; Associated Press, 2/10/2003; San Francisco Chronicle, 2/11/2003; Los Angeles Times, 2/13/2003; St. Petersburg Times, 2/16/2003; Denver Post, 2/20/2003; Pittsburgh Post-Gazette, 2/20/2003; Mercury News (San Jose), 2/20/2003; Baltimore Sun, 2/21/2003; Star-Tribune (Minneapolis), 2/21/2003; Village Voice, 2/28/2003; Houston Chronicle, 3/1/2003; CNN, 3/6/2003; United Press International, 3/10/2003; ABC News, 3/12/2003; Herald Tribune (Sarasota), 3/19/2003; Salon, 3/24/2003; Village Voice, 3/26/2003; Tampa Tribune, 4/6/2003] Representative Jerrold Nadler (D) says the bill amounts to “little more than the institution of a police state.” [San Francisco Chronicle, 2/11/2003] The government raises the threat level to orange. The announcement is made by Attorney General John Ashcroft, Homeland Security Secretary Ridge, and FBI Director Mueller. CIA Director George Tenet calls the threat “the most specific we have seen” since 9/11 and says al-Qaeda may use a “radiological dispersal device, as well as poisons and chemicals.” Ashcroft states that “this decision for an increased threat condition designation is based on specific intelligence received and analyzed by the full intelligence community. This information has been corroborated by multiple intelligence sources.” [CNN, 2/7/2003] Ashcroft further claims that they have “evidence that terrorists would attack American hotels and apartment buildings.” [ABC News, 2/13/2007] A detailed plan is described to authorities by a captured terror suspect. This source cited a plot involving a Virginia- or Detroit-based al-Qaeda cell that had developed a method of carrying dirty bombs encased in shoes, suitcases, or laptops through airport scanners. The informant specifies government buildings and Christian or clerical centers as possible targets. [ABC News, 2/13/2007] Three days later, Fire Administrator David Paulison advises Americans to stock up on plastic sheeting and duct tape to protect themselves against radiological or biological attack. This causes a brief buying panic. [MSNBC, 6/4/2007] Batteries of Stinger anti-aircraft missiles are set up around Washington and the capital’s skies are patrolled by F-16 fighter jets and helicopters. [BBC, 2/14/2003] The threat is debunked on February 13, when the main source is finally given an FBI polygraph and fails it. Two senior law enforcement officials in Washington and New York state that a key piece of information leading to the terror alerts was fabricated. The claim made by a captured al-Qaeda member regarding a “dirty bomb” threat to Washington, New York, or Florida had proven to be a product of his imagination. Vincent Cannistraro, former head of the CIA’s Counterterrorist Center, says the intelligence turned out “to be fabricated and therefore the reason for a lot of the alarm, particularly in Washington this week, has been dissipated after they found out that this information was not true.” But threat levels remain stuck on orange for two more weeks. [ABC News, 2/13/2007] Bush administration officials do admit that the captured terror suspect lied, but add that this suspect was not the only source taken into consideration. Ridge says that there is “no need to start sealing the doors and windows.” Bush says that the warning, although based on evidence fabricated by an alleged terrorist, is a “stark reminder of the era that we’re in, that we’re at war and the war goes on.” [BBC, 2/14/2003] The alert followed less than forty-eight hours after Colin Powell’s famous speech to the United Nations in which he falsely accused Saddam Hussein of harboring al-Qaeda and training terrorists in the use of chemical weapons (see February 5, 2003). [Rolling Stone, 9/21/2006 ] Anti-war demonstrations also continue to take place world-wide. [MSNBC, 6/4/2007] The Office of Legal Counsel (OLC) sends a classified memo to Attorney General John Ashcroft. The contents remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the use of information collected in the course of classified foreign intelligence activities. [American Civil Liberties Union, 1/28/2009 ] The memo may concern a just-released Senate report condemning the Justice Department’s misuse of the Foreign Intelligence Surveillance Act (see February 25, 2003). The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008). President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” [John C. Yoo, 3/14/2003 ; Washington Post, 4/2/2008] Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. [Washington Post, 4/6/2008] 'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted. Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. [John C. Yoo, 3/14/2003 ; Washington Post, 4/2/2008; New York Times, 4/2/2008] Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. [Washington Post, 4/4/2008] Entity Tags: US Department of Justice, John C. Yoo, Larry D. Thompson, Al-Qaeda, Office of Legal Counsel, Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense Timeline Tags: Torture in Iraq, Afghanistan and elsewhere, Complete 911 Timeline, Civil Liberties
The FBI issues a reward of $5 million for information on Adnan Shukrijumah, starting a world-wide manhunt that will last for years. Shukrijumah lived in the same area as most of the 9/11 hijackers and was reportedly seen with Mohamed Atta in the spring of 2001 (see May 2, 2001), when he was being investigated by the FBI over two terrorist plots (see April-May 2001 and (Spring 2001)). Information gleaned from detainees sugests that Shukrijumah is a top al-Qaeda operative who was trained in Afghanistan and is associated with 9/11 architect Khalid Shaikh Mohammed and Jose Padilla (see June 10, 2002). In May 2004 Attorney General John Ashcroft will even single out Shukrijumah as the most dangerous al-Qaeda operative planning to attack the US. However, despite reported sightings in Central America, he is still on the run in 2006 and believed to be hiding in the tribal areas of Pakistan. [US News and World Report, 4/7/2003; USA Today, 6/15/2003; FrontPage Magazine, 10/27/2003; 9/11 Commission, 8/21/2004, pp. 40-41 ; Los Angeles Times, 9/3/2006] US authorities claim he is a pilot and has been receiving flight training outside the US for several years, though they do not release any evidence to substantiate this. His family insists that he is neither a qualified pilot nor an al-Qaeda operative. [USA Today, 6/15/2003; CNN, 9/5/2003] Attorney General John Ashcroft states that US authorities have “noticed an increase in third country nations (Pakistanis, Palestinians, etc.) using Haiti as a staging point for attempted migration to the United States. This increases the national security interest in curing use of this migration route.” Commenting on the remarks, State Department spokesman Stuart Patt says, “We all are scratching our heads. We are asking each other, ‘Where did they get that?’” No evidence is ever offered by Ashcroft or anyone else in the Justice Department to support the accusation. Miami Immigration attorney Ira Kurzban, who will later represent Jean-Bertrand Aristide after his removal, says the statements are “part of a concerted plan involving the destruction of the Haitian people by creating the chaotic economic conditions in Haiti while forcing people to go back there.” Kurzban adds: “There is no basis of fact for the attorney general’s claims. No information of this nature has been presented to the Haitian government. It’s a false claim. It’s used to perpetuate a discriminatory policy against Haitians.” [Miami Herald, 4/25/2003] The FBI and Customs Department had been waging a bureaucratic war over control of Operation Greenquest, a controversial but largely fruitful Customs terrorist finance investigation (see After March 20, 2002-Early 2003). On May 13, 2003, Attorney General John Ashcroft and Homeland Security Secretary Tom Ridge signed a memorandum of agreement giving the FBI near total control over all terrorist finance investigations. According to the memorandum, if the FBI feels the case is related to terrorist financing and should belong to them, “the investigation and operation of the matter shall be led by the FBI.” The agreement also effectively ends Greenquest. The memo states, “The Secretary [of Homeland Security] agrees that no later than June 30, 2003, Operation Greenquest will no longer exist as a program name.” [National Review, 5/27/2003] CIA officials ask for reauthorization of the controversial harsh interrogation methods (see Spring 2002 and Beyond and August 1, 2002) that had been withdrawn (see December 2003-June 2004) after the revelation of abuse and torture at Iraq’s Abu Ghraib prison (see November 5, 2003). The CIA has captured a new al-Qaeda suspect in Asia, and top agency officials ask the National Security Council Principals Committee—Vice President Dick Cheney, National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, CIA Director George Tenet, Secretary of State Colin Powell, and Attorney General John Ashcroft—for permission to use extreme methods of interrogation against the new detainee. Rice, who chairs the Principals Committee, says: “This is your baby. Go do it.” [ABC News, 4/9/2008] The name of the new suspect captured in Asia is not mentioned, but Hambali is captured in Thailand in August 2003 (see August 12, 2003), and he is the only prominent al-Qaeda figure arrested that summer. He is considered one of al-Qaeda’s most important leaders. There are some reports that he is one of only about four prisoners directly waterboarded by the US (see Shortly After August 12, 2003). Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Al-Qaeda, Colin Powell, Condoleezza Rice, George J. Tenet, John Ashcroft, Hambali, National Security Council, Donald Rumsfeld Timeline Tags: Torture in Iraq, Afghanistan and elsewhere, Complete 911 Timeline
Clockwise from top left: Karim Koubriti, Ahmed Hannan, Abdel-Ilah Elmardoudi, and Farouk Ali-Haimoud. [Source: US Department of Corrections, via Reuters]Verdicts are announced in a trial of four men who lived in a Detroit apartment on 9/11 that had previously been rented by al-Qaeda operative Nabil al-Marabh (see September 17, 2001). Abdel-Ilah Elmardoudi and Karim Koubriti are convicted of conspiring to provide material support to terrorists and also document fraud. Ahmed Hannan is convicted of document fraud. Farouk Ali-Haimoud is cleared of all charges. Justice Department officials, including Attorney General John Ashcroft, assert the men were in an al-Qaeda sleeper cell and had plans to attack targets in the US, Jordan, and Turkey. The verdicts are hailed as the first successful post-9/11 terrorism prosecution. [Washington Post, 12/31/2003] However, the case soon begins to fall apart. The judge learns the prosecution had withheld evidence in the case, and in December 2003, orders an internal Justice Department inquiry. In August 2004, the inquiry asks the judge to throw out the convictions because of prosecutorial misconduct, which he does. For instance, it is revealed that the only witness in the trial, Youssef Hmimssa, told a fellow prisoner that he had made up all his evidence against the defendants. But the prosecution kept this information, and much more that was potentially damaging to their case, from the jury. The Washington Post later reports that the inquiry concludes “the prosecution stuck doggedly to its theory in defiance of plausible explanations and advice from other US government officials. Records suggest prosecutors withheld evidence that cast doubt on their conclusions, even when ordered by superiors to deliver documents to the defense.” By late 2005, it will be reported that a federal grand jury is investigating whether the lead prosecutor, Richard Convertino, or anyone else should be indicted. Convertino meanwhile will sue Ashcroft and other Justice Department superiors, accusing them of mismanaging the case and retaliating against him for testifying critically about the Justice Department before Congress. [Washington Post, 12/31/2003; Associated Press, 8/30/2004; Washington Post, 11/20/2005] But Convertino will later be found not guilty of withholding evidence during the trial. Furthermore, it will be revealed that key evidence withheld from the defense actually would have strengthened the prosecution’s case, not the defense case. The Associated Press will later comment that a new analysis of the evidence suggests that there may have been a Detroit sleeper cell after all (see November 1, 2007). Ali Saleh Kahlah al-Marri. [Source: Slate]A month before he is slated to go on trial for bank and credit card fraud charges (see February 8, 2002), the federal government drops all criminal charges against Ali Saleh Kahlah al-Marri, who has been held without legal representation, and in solitary confinement, since 2001 (see December 12, 2001). [CBS News, 6/23/2003; CBS News, 6/23/2003; CNN, 12/13/2005; Progressive, 3/2007] 'Grave Danger' - President Bush says al-Marri “represents a continuing, present, and grave danger” to the country, and the government designates al-Marri as an “enemy combatant,” alleging that he helped al-Qaeda operatives settle in the US. “Mr. Al-Marri possesses intelligence, including intelligence about personnel and activities of al-Qaeda,” Bush continues, and adds that gaining access to it “would aid US efforts to prevent attacks by al-Qaeda.” [Knight Ridder, 6/24/2003; Progressive, 3/2007] The presidential order says he “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism.” His detention is necessary, the order claims, to prevent him from participating in terrorist activities against the US. The order in effect precludes a pretrial hearing scheduled for July 2 and the start of a formal trial on July 22. [CNN, 6/24/2003] Alleged Sleeper Agent - The government declaration for al-Marri says he worked as an “al-Qaeda sleeper agent” who was planning to “hack into the computer systems of US banks,” and possibly facilitate a follow up to the 9/11 attacks. For its part, the Defense Department says al-Marri trained at a terror camp in Afghanistan before 9/11, personally met Osama bin Laden, and volunteered for an unspecified “martyr mission.” [CNN, 12/13/2005] Attorney General John Ashcroft will later claim that al-Marri refused repeated offers to cooperate with the FBI; “consequently,” Ashcroft will write, Bush declares him an enemy combatant. Ashcroft will claim that under the laws of war, an enemy combatant can be killed out of hand. Instead, the government will hold al-Marri “without charge or trial until the end of the war.” [Slate, 11/30/2006] Transferred to Navy Brig - Instead, the “enemy combatant” designation takes al-Marri, a Qatari citizen and legal US resident, out of the civilian criminal justice system and places him under the control of the Defense Department, which immediately transfers him into detention at a Navy brig in South Carolina. He could face a military tribunal or remain in detention indefinitely, without trial. He is only the third person to be publicly named as an enemy combatant, along with US citizens Jose Padilla and Yaser Esam Hamdi. Fingered by KSM - According to a Justice Department official, al-Marri was “positively identified” as being part of a planned second wave of al-Qaeda terrorist attacks by an “al-Qaeda detainee in a position to know.” Justice officials imply that the detainee to finger al-Marri is senior 9/11 planner Khalid Shaikh Mohammed. [CBS News, 6/23/2003] Another suspected al-Qaeda operative, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001), is also said to have mentioned him. [CNN, 12/13/2005] Alice Fisher, the deputy assistant attorney general for the Justice Department’s criminal division, says the department did not drop the criminal charges against al-Marri because the case was weak: “We are confident we would have prevailed on the criminal charges. However, setting the criminal charges aside is in the best interests of our national security.” The criminal charges—lying to banks, lying to the FBI, and credit card fraud—could have given al-Marri up to 60 years in prison and $1.75 million in fines. [CBS News, 6/23/2003] Pleaded Not Guilty - Al-Marri’s lawyer Mark Berman says that his client pleaded not guilty to the criminal charges (see May 29, 2003), and the case was proceeding to trial. “I definitely got the sense they were reluctant to try the case in court,” Berman says. “They’d rather be in a forum where defendants aren’t represented by counsel.” Al-Marri’s wife and five children have left the US. The Saudi Arabian government granted the family passports in February, in spite of a State Department request not to issue the passports, as department officials wanted al-Marri’s wife, who is Saudi, to be available to the FBI for questioning. [Knight Ridder, 6/23/2003] Al-Marri’s lawyers say they are preparing a legal challenge to Bush’s decision. [Knight Ridder, 6/24/2003] Entity Tags: US Department of Defense, US Department of State, Osama bin Laden, US Department of Justice, Mustafa Ahmed al-Hawsawi, John Ashcroft, Khalid Shaikh Mohammed, Al-Qaeda, Ali Saleh Kahlah al-Marri, Mark Berman, Alice Fisher, George W. Bush, Jose Padilla, Federal Bureau of Investigation, Yaser Esam Hamdi Timeline Tags: Torture in Iraq, Afghanistan and elsewhere, Complete 911 Timeline, Civil Liberties
The CIA briefs Vice President Dick Cheney, Attorney General John Ashcroft, White House counsel Alberto Gonzales, and National Security Council legal adviser John Bellinger on the use of waterboarding and other methods. According to a 2009 Senate Intelligence Committee report, the officials “reaffirmed that the CIA program was lawful and reflected administration policy.” [Senate Intelligence Committee, 4/22/2009 ; Washington Post, 4/22/2009] In 2009, the American Civil Liberties Union (ACLU)‘s Jameel Jaffer will say: “This was not an abstract discussion. These were very detailed and specific conversations. And it’s further evidence of the role that senior administration officials had.” [Washington Post, 4/22/2009] Scientist Steven Hatfill files a lawsuit against Attorney General John Ashcroft, the Justice Department, and FBI, saying his constitutional rights have been violated. Hatfill has been named by the FBI as a “person of interest” in the 2001 anthrax attacks (see October 5-November 21, 2001), but has not been charged or officially declared a suspect. His attorneys claim the FBI deliberately tipped off the media to searches of his house to hide the fact that the anthrax investigation was making little progress. They say 24-hour surveillance and wiretaps violated his privacy (see July 2002-Late 2003). [CNN, 8/26/2003] In 2008, Hatfill will settle out of court and receive nearly $6 million in compensation from the government (see June 27, 2008). The Justice Department authorizes the FBI to open a criminal investigation into leaks of CIA agent Valerie Plame Wilson’s covert identity by sources within the Bush administration (see July 14, 2003, July 30, 2003, and September 16, 2003). [MSNBC, 2/21/2007; Washington Post, 7/3/2007] The investigation is headed by the Justice Department’s counterespionage chief, John Dion. [Vanity Fair, 1/2004] Questions of Impartiality - Dion is a veteran career prosecutor who has headed the counterespionage section since 2002. He will rely on a team of a half-dozen investigators, many of whom have extensive experience in investigating leaks. However, some administration critics are skeptical of Dion’s ability to run an impartial investigation: he will report to the Justice Department’s Robert McCallum, who is an old friend and Yale classmate of President Bush. Both Bush and McCallum were members of the secret Skull & Bones Society at Yale. Others believe the investigation will be non-partisan. “I believe that the career lawyers in Justice—the people who preceded [Attorney General] John Ashcroft and who will be there after he leaves—will do a nonpolitical investigation, an honest investigation,” says legal ethics specialist Stephen Gillers. “Ashcroft’s sole job is to stay out of it.” [Associated Press, 10/2/2003; Los Angeles Times, 10/2/2003] CIA Director Filed Request - The request for an investigation (see September 16, 2003) was filed by CIA Director George Tenet; a CIA official says Tenet “doesn’t like leaks.” White House press secretary Scott McClellan says he knows of no leaks about Wilson’s wife: “That is not the way this White House operates, and no one would be authorized to do such a thing. I don’t have any information beyond an anonymous source in a media report to suggest there is anything to this. If someone has information of this nature, then he or she should report it to the Department of Justice.” McClellan calls Joseph Wilson’s charges that deputy White House chief of staff Karl Rove leaked his wife’s name (see August 21, 2003) “a ridiculous suggestion” that is “simply not true.” A White House official says that two administration sources (later revealed to be Rove and Deputy Secretary of State Richard Armitage—see June 13, 2003, July 8, 2003, and 11:00 a.m. July 11, 2003) leaked Plame Wilson’s name to six separate journalists (see Before July 14, 2003). The White House is notoriously intolerant of leaks, and pursues real and supposed leakers with vigor. Wilson says that if the White House did indeed leak his wife’s name, then the leak was part of what he calls “a deliberate attempt on the part of the White House to intimidate others and make them think twice about coming forward.” Senator Charles Schumer (D-NY), who has pushed the FBI to open an investigation, says the leak “not only put an agent’s life in danger, but many of that agent’s sources and contacts” (see July 21, 2003). [Washington Post, 9/28/2003] FBI Acknowledges Investigation - The FBI will officially acknowledge the investigation on September 30 (see September 30, 2003), and inform the White House of it. [New York Times, 2006] |