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Profile: Office of the Director of National Intelligence (ODNI)

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Office of the Director of National Intelligence (ODNI) was a participant or observer in the following events:

President Bush issues a directive authorizing the National Security Agency (NSA) to operate a warrantless domestic surveillance program. Author/journalist Jane Mayer will report in 2011, “[O]n October 4, 2001, Bush authorized the policy, and it became operational by October 6th,” and, “[t]he new policy, which lawyers in the Justice Department justified by citing President Bush’s executive authority as commander in chief, contravened a century of constitutional case law.” Mayer will interview NSA whistleblower Thomas Drake for her article and quote him as saying that, following the October 4 directive, “strange things were happening. Equipment was being moved. People were coming to me and saying, ‘We’re now targeting our own country!’” Bush’s directive is based on a legal opinion drafted by Department of Justice Office of Legal Counsel Deputy Attorney General John Yoo (see September 25, 2001). [New Yorker, 5/23/2011]
Conflicting Information regarding Date of First Authorization - The existence of the NSA’s domestic surveillance program will first be made public in December 2005, following reporting by the New York Times that will cite “[n]early a dozen current and former officials” (see December 15, 2005). The Times article will state that in 2002, “[m]onths after the Sept. 11 attacks,” Bush signed an executive order authorizing the NSA to monitor domestic phone calls, including those of US citizens and permanent residents, if one end of the call was outside the country. The Times article also mentions an NSA “‘special collection program’ [that] began soon after the Sept. 11 attacks, as it looked for new tools to attack terrorism.” The difference between the October 4, 2001 directive and the 2002 executive order referred to by the Times is unclear. [New York Times, 12/16/2005]
Other Sources for October Directive - Other sources, including Bush, NSA Director General Michael Hayden, and the inspectors general of five separate agencies, will later refer to a presidential order having been given in “October,” or “weeks” after the 9/11 attacks, and say that, subsequent to this order, international calls of US persons are targeted for content-monitoring. Following the publication of the Times article, Bush will say in a December 17, 2005 radio address: “In the weeks following the terrorist attacks on our nation, I authorized the National Security Agency, consistent with US law and the Constitution, to intercept the international communications of people with known links to al-Qaeda and related terrorist organizations. Before we intercept these communications, the government must have information that establishes a clear link to these terrorist networks” (see December 17, 2005). This presidential authorization was based on a legal opinion drafted by Department of Justice Office of Legal Counsel attorney John Yoo (see October 18, 2001). [WhiteHouse(.gov), 12/17/2005] Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001,” which is when he “gathered key members of the NSA workforce… [and] introduced [the NSA’s] new operational authority to them.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general,” and that “the three most senior and experienced lawyers in NSA… supported the lawfulness of this program.” [Michael Hayden, 1/23/2006] In a July 10, 2009 jointly-issued report, the inspectors general of the Department of Defense, Department of Justice, CIA, NSA, and Office of the Director of National Intelligence will refer to the “President’s Surveillance Program” (PSP) and “the program’s inception in October 2001.” The report will say: “One of the activities authorized as part of the PSP was the interception of the content of communications into and out of the United States where there was a reasonable basis to conclude that one party to the communication was a member of al-Qaeda or related terrorist organizations.… The attorney general subsequently publicly acknowledged the fact that other intelligence activities were also authorized under the same presidential authorization, but the details of those activities remain classified.” [Inspectors General, 7/10/2009] Citing “a senior administration official,” the Washington Post will report on January 4, 2006: “The secret NSA program… was authorized in October 2001.… The president and senior aides have publicly discussed various aspects of the program, but neither the White House, the NSA, nor the office of the director of national intelligence would say what day the president authorized it.” [Washington Post, 1/4/2006]

Entity Tags: US Department of Justice, Thomas Drake, US Department of Defense, Office of Legal Counsel (DOJ), Office of the Director of National Intelligence, Michael Hayden, National Security Agency, George W. Bush, Central Intelligence Agency, John C. Yoo, Jane Mayer

Timeline Tags: Civil Liberties

Congress passes a law requiring the director of national intelligence (DNI) to recruit and train women and minorities to be spies, analysts, and translators in order to ensure diversity in the intelligence community. President Bush signs the bill, then issues a signing statement ordering the executive branch—including the DNI—to construe the law in a manner consistent with a constitutional clause guaranteeing “equal protection” for all: a legalistic phrasing designed to sidestep the law. Bush has long been an opponent of any sort of affirmative action program; as recently as 2003, the Supreme Court ruled against the Bush administration’s “equal protection” arguments and in favor of a race-conscious affirmative action program. In his signing statement, Bush advances the “equal protection” argument over affirmative action in spite of the Supreme Court’s rejection of that argument. [Boston Globe, 4/30/2006; Savage, 2007, pp. 240-241]

Entity Tags: Bush administration (43), Office of the Director of National Intelligence, US Supreme Court, George W. Bush

Timeline Tags: Civil Liberties

John Negroponte.John Negroponte. [Source: Public domain]President Bush nominates John Negroponte to be the first director of national intelligence, a new position created to oversee all the various US intelligence agencies. Negroponte has been serving as the US ambassador to Iraq for the previous year. Prior to that he had been the US ambassador to the United Nations and held a variety of other government positions. [New York Times, 2/17/2005] The nomination is controversial because, as the Los Angeles Times reports, “While ambassador to Honduras from 1981-85, Negroponte directed the secret arming of Nicaragua’s Contra rebels and is accused by human rights groups of overlooking—if not overseeing—a CIA-backed Honduran death squad during his tenure.” Additionally, “He also helped orchestrate a secret deal later known as Iran-Contra to send arms through Honduras to help the Contras overthrow the Sandinista government.” [Los Angeles Times, 3/26/2001] On April 21, 2005, the Senate will confirm Negroponte by a vote of 98 to two. In 2007, then-CIA analyst Valerie Plame Wilson will describe the establishment of a new position as a shocking blow to morale in the agency. Once Negroponte assumes the position, she will write, “the name ‘Central Intelligence Agency’ [becomes] a misnomer.” CIA employees were promised that the “new DNI structure would not be just an ‘extra bureaucratic layer’ over the CIA, but that’s exactly what it would become. It seemed to me that the White House was bent on emasculating the CIA by blaming it for the failures in Iraq and anything else they thought they could throw at the agency and have stick.” [Wilson, 2007, pp. 219] She will write of the announcement: “I remember standing in counterproliferation division’s large conference room in early 2005 when the creation of the DNI was announced to the division workforce. Our chief swore that the DNI would not be just another layer of useless bureaucracy—everyone acknowledged that we already had plenty of that. The veterans of intelligence reorganizations past made cynical comments under their breath.” Plame Wilson will observe that the reorganization of the US intelligence community under the DNI will be “an abysmal failure.” [Wilson, 2007, pp. 248]

Entity Tags: George W. Bush, John Negroponte, Bush administration (43), Office of the Director of National Intelligence, Valerie Plame Wilson

Timeline Tags: Complete 911 Timeline, Civil Liberties, Iran-Contra Affair

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

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

Timeline Tags: Complete 911 Timeline

The Office of the Director of National Intelligence (ODNI) announces that Intelligence Director John Negroponte has appointed J. Patrick Maher as a new acting mission manager to collect “timely and accurate intelligence” on Cuba and Venezuela. Maher, who will continue to serve his current position as National Intelligence Officer for the Western Hemisphere, is a Latin American specialist and has been with the CIA since 1974. The appointment was made shortly after news surfaced on July 31 that Fidel Castro was in the hospital and that his brother Raul Castro had temporarily taken over. According to a statement released by the ODNI, this task is “critical” because “policy-makers have increasingly focused on the challenges” that the two countries “pose to American foreign policy.” Iran and North Korea are the only other countries for which there are currently mission managers. [Office of the Director of National Intelligence, 8/18/2006; Washington File, 8/21/2006]

Entity Tags: John Negroponte, Office of the Director of National Intelligence, J. Patrick Maher

Timeline Tags: US International Relations, US-Venezuela (1948-2005)

Carl Kropf, chief of media relations for the Office of the Director of National Intelligence, says that Venezuela and Cuba “have deepened their relationship and both countries continue to stifle opposition and constrict democracy.” [Washington File, 8/21/2006]

Entity Tags: Carl Kropf, Office of the Director of National Intelligence

Timeline Tags: US-Venezuela (1948-2005)

The US intelligence community begins plumbing the data they have compiled on Iran’s nuclear weapons program in an attempt to shore up the Bush administration’s premature conclusion that Iran is on the verge of producing a nuclear weapon. Instead, their conclusions are that Iran shut down its nuclear weapons program in 2003. In the process, White House aides begin a program of “deep dives,” or special briefings for President Bush to meet with not only his advisers but the actual analysts who study Iranian intelligence data, in an attempt to allow Bush to “get his hands dirty” with real intelligence and not just pre-digested summaries. Bush is dismayed at the lack of solid intelligence on Iran’s nuclear program and asks for more. When the intelligence community does provide more, it finds more and more evidence that Iran had shut down its nuclear weapons program years before. Those conclusions will be released in a National Intelligence Estimate (NIE) a year later (see December 3, 2007).
Troubling Conclusions, White House Spin - Bush and his top officials don’t like the findings; if true, the reports disprove the entirety of the administration’s push to define Iran as an imminent threat to the Middle East. White House officials are initially skeptical, believing that the intelligence community might be a victim of Iranian disinformation. The intelligence agencies create a special “red team” of analysts to thoroughly test and, if possible, discredit the information. They are unable to do so. “They tried to figure out what exactly it would take to perpetrate that kind of deception, how many people would be involved, how they would go about doing it, when it would have been set up and so forth,” says one intelligence official. Analysts “scrubbed and rescrubbed” more than 1,000 pieces of evidence but conclude Iran’s program really had been shut down. Faced with that conclusion, the White House decides to focus on the findings that confirm their suspicions—that Iran did have a secret weapons program that could be restarted again. No one in the White House suggests that Bush tone down his rhetoric or change his policies towards Iran. Director of National Intelligence Mike McConnell decides to keep the new findings secret, the same position adopted by Vice President Cheney (see October 2006 and November 10, 2007). Only the Israelis are told of the new findings; Congress, the US’s European allies, and the UN’s monitoring agency, the International Atomic Energy Agency (IAEA) are told nothing. McConnell will reluctantly change his mind out of a fear of leaks and possible charges of a coverup. That decision may come back to haunt the administration, particularly with the ill-will it will create among the US’s allies. Former State Department nonproliferation official Robert Einhorn says, “The administration is going to pay a price for not allowing allies in on it at an earlier date. The French had carried the administration’s water on this issue and really went out on a limb to get the European Union to adopt tough sanctions. And now the rug has been pulled out from under them.”
New NIE Draft Sparks Controversy - An NIE the year before (see August 2, 2005) had led the US to conclude that Iran was actively working on a nuclear weapons program. Congressional Democrats, not entirely convinced by the NIE’s conclusions and increasingly resistant to Bush’s push for confrontation with Iran, asks for a new NIE. Bush wants the new NIE to confirm his accusations and, in one official’s words, “get more information on Iran so we know what they’re up to.” The 2005 NIE had been based largely on information about Iran’s “Project 1-11,” a program that Iran is apparently pursuing to retrofit a ballistic missile to carry nuclear warheads (see Summer 2004). But no new information on Project 1-11 has been secured in three years, and the administration insists on new confirmations. “They just wouldn’t budge,” one agency official recalls. A new draft is completed in June, provoking heated discussions among agency and administration officials. CIA director Michael Hayden and NSA director Keith Alexander begin directing their agencies to closely monitor Iranians who were involved in their country’s nuclear program. Soon, communications intercepts from key Iranian officials indicate that the program had been mothballed in 2003. Some of the officials discuss their belief that the program may never be restarted.
Evolving NIE - As the draft NIE evolves, McConnell, with the assistance of his deputies Thomas Fingar and Donald Kerr, both national security veterans, lay down ground rules. One official later says that McConnell “quickly got the mantra down: ‘We must make a clear distinction between what we know and don’t know and what we judge to be the case.’” The internal debate over the NIE is sharp and often contentious. McConnell will finally inform Bush of the new conclusions—that Iran stopped its nuclear weapons program in 2003—in August (see December 5, 2007 and December 3-4, 2007). In September, House and Senate intelligence committee members are informed as well. A September draft radically differs from the June version, based in large part on the communications intercepts and the exhaustive analysis on the data possessed by the CIA and NIE. The chief analysts are grilled by Hayden and his deputy Stephen Kappes, but the analyses stand up. Cheney, National Security Adviser Stephen Hadley, and other key officials will be given a preliminary briefing on the new NIE on November 15; Bush, finalizing a Middle East peace conference in which he will try to rally Middle Eastern countries against Iran, is not officially told of the new NIE until November 28. Bush immediately tells Israeli Prime Minister Ehud Olmert (see November 26-28, 2007), and Cheney appraises Israeli Foreign Minister Ehud Barak. Discussions about whether or not to keep the NIE secret lead to McConnell’s decision to make a declassified version public. A top intelligence official says, “We knew it would leak, so honesty required that we get this out ahead, to prevent it from appearing to be cherry picking.” [Washington Post, 12/8/2007]

Entity Tags: Keith Alexander, Ehud Barak, Don Kerr, Central Intelligence Agency, Bush administration (43), Ehud Olmert, International Atomic Energy Agency, Office of the Director of National Intelligence, Richard (“Dick”) Cheney, Robert Einhorn, National Security Agency, Mike McConnell, Michael Hayden, Stephen Kappes, Thomas Fingar, George W. Bush

Timeline Tags: US confrontation with Iran

Admiral Mike McConnell, the new director of national intelligence.Admiral Mike McConnell, the new director of national intelligence. [Source: Salon]Saudi Arabia is funding the Sunni insurgency in Iraq, according to Congressional testimony by the new director of national intelligence, Mike McConnell. The Sunni insurgency is considered far more dangerous, at this point, to US troops than are the Shi’ite insurgents of the Mahdi Army and other groups, some of whom are funded by Iran. McConnell’s testimony highlights government worries that Iraq’s civil war could turn into a direct confrontation between Iran and Saudi Arabia, by Iraqi proxies, with US troops caught in the middle. Brian Jenkins, a military expert with the Rand Corporation, says, "What we already are seeing in Iraq is an emerging proxy war between Saudi-backed Sunnis and Iranian-backed Shia." While Iran has been considered, in recent years, an opponent of the US in the Middle East, Saudi Arabia has had a long and close relationship with both the US government and the Bush family. In his testimony before Congress, McConnell is reluctant to identify the Saudis as the source of funding for the Sunni insurgents and only does so after tough questioning from Carl Levin (D-MI). McConnell and his deputy, Thomas Fingar, later qualify McConnell’s Senate testimony by saying that they cannot be sure whether the Saudi money is actually coming from the Saudi government. They also refuse to clarify whether the Saudis are supporting al-Qaeda terrorists inside Iraq (al-Qaeda being a Sunni organization) or homegrown Iraqi Sunni insurgents. A largely ignored section of the December 2006 report by the Iraq Study Group noted, "Funding for the Sunni insurgency comes from private individuals within Saudi Arabia and the Gulf States even as those governments help facilitate US military operations in Iraq by providing basing and overflight rights and by cooperating on intelligence issues." Steven Simon, a senior member of the National Security Council during the Clinton administration, says Saudi funding of the Sunni insurgency "is one of those things that we dare not speak its name." He continues, "There is a renewed desire to protect the US-Saudi bilateral relationship. So you don’t want to draw public attention to things they are doing that many observers might regard as counter to American interests." [Hearst News, 3/4/2007]

Entity Tags: Al-Qaeda, Thomas Fingar, Office of the Director of National Intelligence, Brian Michael Jenkins, Steve Simon, Carl Levin, Saudi Arabia, Mike McConnell

Timeline Tags: Iraq under US Occupation

The US administration leaks the news that it has obtained an advance copy of a new video from a man thought to be Osama bin Laden, damaging an intelligence operation by the SITE Institute. SITE, a private organization involved in the fight against international terrorism, obtains an advance copy of the video through an intelligence operation that had been ongoing for years (see September 7 and 11, 2007) and provides the copy to the White House. SITE founder Rita Katz sends White House representatives Fred Fielding and Joel Bagnal an e-mail saying that there is a need for secrecy and the video should not be distributed, but within twenty minutes of this government defense and intelligence agencies begin downloading the video from SITE. The video leaks from the administration to the news media within a few hours, tipping al-Qaeda off to the security breach. SITE’s activities are described as “tremendously helpful” by some intelligence officials, but Katz says that due to the leak, “Techniques that took years to develop are now ineffective and worthless.” However, officials say that US agencies do not rely solely on outside contractors for such information, and Ross Feinstein, spokesman for the Office of the Director of National Intelligence, comments, “We have individuals in the right places dealing with all these issues, across all 16 intelligence agencies.” [Washington Post, 10/9/2007] The Office of the Director of National Intelligence announces an inquiry into the leak, but Feinstein says, “we don’t think there was a leak from the Office of the Director of National Intelligence or the National Counterterrorism Center,” which also received a copy of the video from SITE. [Washington Post, 10/10/2007]

Entity Tags: Office of the Director of National Intelligence, Joel Bagnal, White House, Ross Feinstein, Fred F. Fielding, SITE Institute, Osama bin Laden, Rita Katz

Timeline Tags: Complete 911 Timeline

Donald Kerr, the principal deputy director of national intelligence, tells a conference of intelligence officials that the government needs new rules about how to balance privacy rights and investigative needs. Since many people routinely post details of their lives on social-networking sites such as MySpace, he says, their identity should not require the same protection as in the past. Instead, only their “essential privacy,” or “what they would wish to protect about their lives and affairs,” should be veiled. Commenting on the speech, the Wall Street Journal will say that this is part of a project by intelligence agencies “to change traditional definitions of how to balance privacy rights against investigative needs.” [Office of the Director of National Intelligence, 10/23/2007 pdf file; Wall Street Journal, 3/10/2008] According to some accounts, the prime repository of information about US citizens that the government has is a database known as Main Core, so if the government collected more information about citizens, the information would be placed in or accessed through this database (see 1980s or Before).

Entity Tags: Office of the Director of National Intelligence, Don Kerr, Wall Street Journal

Timeline Tags: Civil Liberties, Inslaw and PROMIS

As part of the conservative backlash against the recently released National Intelligence Estimate on Iran that concluded Iran had halted work on its nuclear weapons program in 2003 (see December 3, 2007 and December 3-6, 2007), some Senate Republicans intend to call for a Congressional commission to investigate the conclusions and the intelligence that went into it, with an eye to discrediting the NIE and its producers. John Ensign (R-NV) says he will propose a “bipartisan” commission to review the NIE, saying, “Iran is one of the greatest threats in the world today. Getting the intelligence right is absolutely critical, not only on Iran’s capability but its intent. So now there is a huge question raised, and instead of politicizing that report, let’s have a fresh set of eyes—objective, yes—look at it.… There are a lot of people out there who do question [the NIE]. There is a huge difference between the 2005 and 2007 estimates.” The 2005 NIE concluded, apparently erroneously, that Iran was an imminent threat for developing a nuclear weapon (see August 2, 2005). Senator Jeff Sessions (R-AL) adds, “If [the NIE is] inaccurate, it could result in very serious damage to legitimate American policy.” As late as July 2007, Sessions notes, intelligence officials testified before Congress that they believed Iran was hard at work developing a nuclear weapon. “We need to update our conclusions,” Sessions says, “but this is a substantial change.” The proposed commission would take its cue from a commission that examined a 1995 NIE on the ballistic missile threat faced by the US. [Washington Post, 12/7/2007]

Entity Tags: Jeff Sessions, Office of the Director of National Intelligence, John Ensign

Timeline Tags: US confrontation with Iran

Thomas Fingar.Thomas Fingar. [Source: Office of Personnel Management]Some Bush administration members and supporters accuse three former State Department officials of deliberately writing the recent National Intelligence Estimate on Iran (NIE) (see December 3, 2007) in an inaccurate and partisan manner. The three former State Department officials are Thomas Fingar, deputy director of national intelligence for analysis; Vann Van Diepen, national intelligence officer for weapons of mass destruction and proliferation; and Kenneth Brill, director of the national counterproliferation center. All three currently work at the Office of the Director of National Intelligence (DNI). Fingar, Van Diepen, and Brill helped compile the information in the NIE, and helped write the final draft, but none of them actually produced or analyzed the intelligence used in the report. A spokesman for Senator John Ensign (R-NV) says that intelligence reports such as the recent Iran NIE are “becoming very politicized.” David Wurmser, the former chief Middle East adviser to Vice President Cheney, says, “One has to look at the agendas of the primary movers of this report, to judge how much it can really be banked on.” The officials say that when the three DNI officials worked in the State Department under then-Secretary Colin Powell, they supported Powell’s belief that diplomacy, not confrontation and belligerence, would best address the threat from Iran’s nuclear program. On the other side was then-Undersecretary John Bolton, who, like his fellow neoconservatives in the White House, believed that the only way to handle Iran’s nuclear threat was by confrontation. Unnamed officials accuse Fingar, Van Diepen, and Brill of trying to “torpedo the threat that this administration would pose to their desired policy outcomes on Iran, which is some kind of accommodation with an Iranian nuclear program.” The officials accuse Fingar, Van Diepen, and Brill of working to block economic and military sanctions against Iran and “sabotag[ing]” the administration’s attempt to pressure foreign allies to impose sanctions. The three former State officials were brought to the DNI by then-director John Negroponte, considered a strong Powell ally. Van Diepen is particular criticized and accused of having a personal animosity towards Bolton, and of opposing anything towards Iran except what they call “tea-cup diplomacy.” Brill is accused of being “extremely close” to Mohamed ElBaradei, the head of the International Atomic Energy Agency, an agency which these officials view as an Iran apologist. [Washington Times, 12/7/2007] The anonymous officials’ charges are refuted by, among others, Vice President Dick Cheney (see December 6, 2007).

Entity Tags: John Negroponte, George W. Bush, David Wurmser, Colin Powell, Bush administration (43), John Ensign, Vann Van Diepen, Mohamed ElBaradei, Thomas Fingar, John R. Bolton, Kenneth Brill, International Atomic Energy Agency, Office of the Director of National Intelligence, Richard (“Dick”) Cheney, US Department of State

Timeline Tags: US confrontation with Iran

CIA Director Michael Hayden and Director of National Intelligence Mike McConnell testify to a Senate committee that US officials had indeed waterboarded three terrorist suspects (see May 2002-2003, Mid-May 2002 and After, (November 2002), and After March 7, 2003). Hayden and McConnell, testifying before the Senate Intelligence Committee, say that while the CIA banned the use of waterboarding (see Between May and Late 2006), the agency might authorize it again if circumstances warranted. Hayden says that the CIA found it necessary to waterboard the three suspects—alleged 9/11 mastermind Khalid Shaikh Mohammed, militant training camp facilitator Abu Zubaida, and al-Qaeda manager Abd al-Rahim al-Nashiri—because the US believed they had information about an imminent attack, and because it needed information about al-Qaeda immediately. “Those two circumstances have changed,” says Hayden. McConnell calls waterboarding a “lawful technique” that could be used again if needed. Hayden says the CIA has held fewer than 100 detainees, and of those, less than a third were put through what he calls “enhanced techniques.” Hayden also admits that “private contractors” took part in subjecting detainees to those “enhanced techniques,” which many call torture. He says he is not sure if any contractors were involved in waterboarding anyone. Senator Richard Durbin (D-IL) calls for an immediate Justice Department investigation into whether waterboarding is a criminal act. [Wall Street Journal, 2/6/2008] Two days later, Attorney General Michael Mukasey announces his decision not to investigate the US’s use of waterboarding (see February 7, 2008).

Entity Tags: Michael Hayden, Abu Zubaida, Abd al-Rahim al-Nashiri, Al-Qaeda, Khalid Shaikh Mohammed, Mike McConnell, Senate Intelligence Committee, Michael Mukasey, Central Intelligence Agency, Office of the Director of National Intelligence, Richard (“Dick”) Durbin

Timeline Tags: Torture of US Captives

The Bush administration says all major US telecommunications firms have agreed to cooperate “for the time being” with US intelligence agencies’ wiretapping, regardless of the recent expiration of the Protect America Act (PAA) (see February 16, 2008). According to a joint statement from the Justice Department and the Office of the Director of National Intelligence, wiretaps will resume under the current law “at least for now.” The statement says in part, “Although our private partners are cooperating for the time being, they have expressed understandable misgivings about doing so in light of the ongoing uncertainty and have indicated they may well discontinue cooperation if the uncertainty persists.” Attorney General Michael Mukasey and Director of National Intelligence Mike McConnell said earlier that intelligence agencies have missed critical intelligence because of the expiration of the PAA, a claim they retracted hours later (see February 23, 2008). [Reuters, 2/23/2008]

Entity Tags: Bush administration (43), US Department of Justice, Protect America Act, Office of the Director of National Intelligence

Timeline Tags: Civil Liberties

A newly declassified Senate Intelligence Committee chronology discloses that the small group of Bush-era Justice Department lawyers who wrote memos authorizing the torture of enemy detainees (see April 16, 2009 and April 9, 2008) did not operate on their own, but were authorized by top White House officials such as then-Vice President Dick Cheney and then-National Security Adviser Condoleezza Rice (see April 2002 and After). Other top officials, such as then-Defense Secretary Donald Rumsfeld and then-Secretary of State Colin Powell, were apparently left out of the decision-making process. Former committee chairman John Rockefeller (D-WV) says the task of declassifying interrogation and detention opinions “is not complete,” and urges the prompt declassification of other Bush-era documents that, he says, will show how the Bush administration interpreted the laws governing torture and war crimes. The committee report began in the summer of 2008, at Rockefeller’s behest, and was drafted by committee staffers with heavy input from Bush officials. The entire effort was coordinated through the Office of the Director of National Intelligence. President Bush’s National Security Council refused to declassify the report; President Obama’s National Security Adviser, James Jones, signed off on its release and the committee clears it for release today. [Washington Post, 4/22/2009; McClatchy News, 4/22/2009] The Intelligence Committee report dovetails with a report issued by the Senate Armed Forces Committee that showed Defense Department officials debated torture methods months before the Justice Department authorized such methods (see April 21, 2009). The report also shows:
bullet The CIA thought al-Qaeda operative Abu Zubaida was withholding information about an imminent threat as early as April 2002 (see March 28-August 1, 2002), but did not receive authorization to torture him until three months later.
bullet Some Senate Intelligence Committee members were briefed on the torture of Zubaida and 9/11 plotter Khalid Shaikh Mohammed in 2002 and 2003.
bullet CIA Director George Tenet, in the spring of 2003, asked for a reaffirmation of the legality of torture methods (perhaps this memo—see June 1, 2003). Cheney, Rice, then-Attorney General John Ashcroft, and then-White House counsel Alberto Gonzales were among the participants at a meeting where it was decided that the torture policies would continue. Rumsfeld and Powell were not present.
bullet The CIA briefed Rumsfeld and Powell on interrogation techniques in September 2003.
bullet Administration officials had lasting concerns about the legality of waterboarding as they continued to justify its legitimacy.
Reactions among other senators is divided, with John McCain (R-AZ), Lindsey Graham (R-SC), and Joseph Lieberman (I-CT) asking Obama not to prosecute Bush officials who authorized or gave advice concerning torture, and Senate Judiciary Committee chairman Patrick Leahy (D-VT) reiterating his support for an independent “truth commission” to investigate the interrogations. [McClatchy News, 4/22/2009; Senate Intelligence Committee, 4/22/2009 pdf file] In 2008, Bush admitted approving of his administration’s authorization of torture (see April 11, 2008).

Entity Tags: Condoleezza Rice, Senate Intelligence Committee, Richard (“Dick”) Cheney, US Department of Justice, Colin Powell, Bush administration (43), Barack Obama, Central Intelligence Agency, Abu Zubaida, Alberto R. Gonzales, Office of the Director of National Intelligence, Patrick J. Leahy, Lindsey Graham, George W. Bush, James L. Jones, John Ashcroft, John D. Rockefeller, George J. Tenet, Khalid Shaikh Mohammed, Donald Rumsfeld, National Security Council, John McCain, Joseph Lieberman

Timeline Tags: Torture of US Captives

General David Petraeus, head of US Central Command (CENTCOM), officially opens the Joint Intelligence Operations Center at CENTCOM, which houses a new intelligence organization to train military officers, covert agents, analysts, and policy makers who agree to focus on Afghanistan and Pakistan for up to a decade. The organization, called the Afghanistan Pakistan Intelligence Center of Excellence (COE), is led by Derek Harvey, a retired colonel in the Defense Intelligence Agency who became one of Petraeus’s most trusted analysts during the 2007-2008 counterinsurgency campaign in Iraq. Harvey explains that the new organization is both a training center and “like a think tank,” partnered not only with the US military and intelligence establishments, but also with academia and the private sector in order to further long-term US interests in the region. [U.S. Central Command Public Affairs, 8/25/2009; U.S. Central Command Public Affairs, 8/26/2009] In an interview with the Washington Times, Harvey says the center will focus on training and will immerse future analysts, officers, and covert operators in Pashtu and Dari language and culture. Recruits will also be asked to sign a form that commits them to work on Afghanistan and Pakistan for up to 10 years. Harvey explains that in addition to training, the center will focus on intelligence gathering and analysis. He speaks about a shift from traditional spying and surveillance toward using on-the-ground sources, such as military officers and aid workers. “We have tended to rely too much on intelligence sources and not integrating fully what is coming from provincial reconstruction teams, civil affairs officers, commanders, and operators on the ground that are interacting with the population and who understand the population and can actually communicate what is going on in the street,” he says. The center will coordinate with the Defense Intelligence Agency, the Office of the Director of National Intelligence, the NATO International Security Assistance Force in Afghanistan, and Supreme Headquarters Allied Powers Europe. According to Harvey, the CIA has also detailed many analysts to support the center and will continue to cooperate with CENTCOM. [Washington Times, 8/24/2009]

Entity Tags: Office of the Director of National Intelligence, US Central Command, Afghanistan Pakistan Intelligence Center of Excellence, Central Intelligence Agency, Defense Intelligence Agency, David Petraeus, Derek Harvey

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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