!! History Commons Alert, Exciting News
Profile: US Department of Defense
US Department of Defense was a participant or observer in the following events:
Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).
Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington
Timeline Tags: Torture of US Captives, Civil Liberties
The Pentagon instructs military intelligence officers at Guantanamo to fill out forms for each detainee and describe their offenses. [New York Times, 10/24/2004]
The Defense Intelligence Agency issues a four-page Defense Intelligence Terrorism Summary (DITSUM No. 044-02) stating that it is probable that prisoner Ibn al-Shaykh al-Libi intentionally misled debriefers when he claimed Iraq was supporting al-Qaeda in working with illicit weapons. During interviews with al-Libi, the DIA noted the Libyan al-Qaeda operative could not name any Iraqis involved, any chemical or biological material used, or where the alleged training took place. “It is possible he does not know any further details; it is more likely this individual is intentionally misleading the debriefers,” the report says. “Ibn al-Shaykh has been undergoing debriefs for several weeks and may be describing scenarios to the debriefers that he knows will retain their interest.” The DIA report is presumably circulated widely within the government, and is available to the CIA, the White House, the Pentagon, the National Security Council, and other agencies.
No Evidence of Connections between Iraq, al-Qaeda - On the general subject of Iraq’s alleged ties to al-Qaeda, the DIA report notes: “Saddam [Hussein]‘s regime is intensely secular and is wary of Islamic revolutionary movements. Moreover, Baghdad is unlikely to provide assistance to a group it cannot control.” The report also questions the reliability of information provided by high-value al-Qaeda detainees being held in secret CIA facilities or who have been “rendered” to foreign countries where they are believed to undergo harsh interrogation tactics.
Using al-Libi's Information to Bolster Case for War - Information supplied by al-Libi will be the basis for a claim included in an October 2002 speech (see October 7, 2002) by President Bush, in which he states, “[W]e’ve learned that Iraq has trained al-Qaeda members in bomb making and poisons and gases.” Intelligence provided by al-Libi will also be included in Colin Powell’s February speech (see February 5, 2003) to the UN. In that speech, Powell will cite “the story of a senior terrorist operative telling how Iraq provided training in these weapons to al-Qaeda.” [New York Times, 11/6/2005; Washington Post, 11/6/2005; Los Angeles Times, 11/7/2005; Newsweek, 11/10/2005]
Report Released as Proof of Administration's Reliance on Poor Intelligence Sources - Declassified portions of the DIA report will be issued on November 6, 2005 by two senators, Carl Levin (D-MI) and John D. Rockefeller (D-WV). Rockefeller will tell CNN that al-Libi is “an entirely unreliable individual upon whom the White House was placing a substantial intelligence trust.” The situation was, Rockefeller will say, “a classic example of a lack of accountability to the American people.” [Los Angeles Times, 11/7/2005]
Entity Tags: Ibn al-Shaykh al-Libi, US Department of Defense, National Security Council, George W. Bush, Saddam Hussein, Colin Powell, Al-Qaeda, Defense Intelligence Agency, Bush administration (43), John D. Rockefeller, Carl Levin, Central Intelligence Agency
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion
Though the CIA has chosen not to add anything about the Iraq-Niger allegations (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002) to the President’s Daily Briefing, it issues a new report on the purported deal, including what it calls “verbatim text” of the agreement between Iraq and Niger (see February 5, 2002). The neoconservatives in the Pentagon (see Early 2002), in author Craig Unger’s words, “pounce… on the new material, and quickly begin working on their own reports that will allege Iraqi attempts to buy enough uranium to make nuclear weapons.” [US Congress, 7/7/2004; Unger, 2007, pp. 239]
Senior Bush administration officials say President Bush has decided to oust Iraqi despot Saddam Hussein from power. “This is not an argument about whether to get rid of Saddam Hussein,” one official says. “That debate is over. This is… how you do it.”
CIA, Pentagon Making Plans for Regime Change - Bush has ordered the CIA, the Pentagon, and other agencies to come up with a plan combining military, diplomatic, and covert actions to force Hussein from power. A military strike is not yet imminent, but Bush has decided that Hussein and his putative weapons of mass destruction are such a threat to US security that he must be removed from power, even if US allies do not help. The CIA has already presented Bush with a plan to destabilize Hussein’s regime, incorporating covert action campaigns, sabotage, information warfare, and stepped-up bombing runs throughout the northern and southern “no-fly” zones. Bush is reportedly enthusiastic about the plan, and the CIA has begun assigning officers to the task. Reporters Warren P. Strobel and John Walcott write: “The president’s decision has launched the United States on a course that will have major ramifications for the US military, the Middle East’s future political alignment, international oil flows, and Bush’s own war on terrorism.”
Some Allies Dubious - Allies such as Russia have already expressed grave doubts about the wisdom of such a series of actions, and military experts warn that any campaign in Iraq would be long, bloody, and difficult to bring to a satisfactory conclusion. Nevertheless, one foreign leader who recently met with Bush came away “with the feeling that a decision has been made to strike Iraq, and the ‘how’ and ‘when’ are still fluid,” according to a diplomat.
Cheney to Inform Middle Eastern Leaders of US Intentions - Vice President Cheney will soon depart for a visit to 11 Middle East nations; while the public explanation is that he wants to listen to those nations’ views on the US’s Iraq policy, in reality, Cheney will inform them that the US will overthrow the Hussein regime. One senior official says: “He’s not going to beg for support. He’s going to inform them that the president’s decision has been made and will be carried out, and if they want some input into how and when it’s carried out, now’s the time for them to speak up.” At least one Middle Eastern ally, Egypt, has reservations about such a plan. Egyptian Ambassador Nabil Fahmy said last week that Bush should keep the US focus on fighting international terrorism, where he has broad international backing. “If you mix two issues together, you will lose this focus,” he said.
Debate over Role of Chalabi, INC - There is still sharp debate within the administration over the role that Ahmed Chalabi’s Iraqi National Congress will play in the overthrow and subsequent realignment. Many neoconservatives, particularly in the offices of Vice President Cheney and Defense Secretary Donald Rumsfeld, tout Chalabi as the next leader of Iraq, but others are not sanguine about Chalabi and his organization, with CIA officials warning that the INC is riven by internal debate and undoubtedly riddled with spies from Iraq and Iran. [Knight Ridder, 2/13/2002]
Entity Tags: Warren Strobel, Saddam Hussein, Central Intelligence Agency, Bush administration (43), Ahmed Chalabi, Donald Rumsfeld, George W. Bush, Iraqi National Congress, Richard (“Dick”) Cheney, Nabil Fahmy, John Walcott, US Department of Defense
Timeline Tags: Events Leading to Iraq Invasion
The Pentagon announces the existence of the new Office of Strategic Influence (OSI), which “was quietly set up after September 11.” The role of this office is to plant false stories in the foreign press, phony e-mails from disguised addresses, and other covert activities to manipulate public opinion. The new office proves so controversial that it is declared closed six days later. [CNN, 2/20/2002; CNN, 2/26/2002] It is later reported that the “temporary” Office of Global Communications will be made permanent (it is unknown when this office began its work). This office seems to serve the same function as the earlier OSI, minus the covert manipulation. [Washington Post, 7/30/2002] Defense Secretary Rumsfeld later states that after the OSI was closed, “I went down that next day and said fine, if you want to savage this thing fine I’ll give you the corpse. There’s the name. You can have the name, but I’m gonna keep doing every single thing that needs to be done and I have.”
[US Department of Defense, 11/18/2002]
Carlton W. Fulford Jr. [Source: US Marine Corps]Marine General Carlton W. Fulford Jr., deputy commander of the US European Command, arrives in Niger on a scheduled refueling stop. At the request of US Ambassador to Niger Barbro Owens-Kirkpatrick, Fulford joins the ambassador at a meeting with Niger’s President Mamadou Tandja and Foreign Minister Aichatou Mindaoudou. He explains the importance of keeping Niger’s ore deposits secure. At the meeting, President Tandja assures the ambassador and General Fulford that Niger is determined to keep its uranium “in safe hands.” [Washington Post, 7/15/2003; Voice of America, 7/15/2003; Vanity Fair, 5/2004, pp. 282; US Congress, 7/7/2004] After the meeting, Fulford concludes that Niger’s uranium is securely under the control of a French consortium and that there is little risk that the material will end up in the wrong hands. These findings are passed on to General Joseph Ralston who provides them to General Richard B. Myers, chairman of the Joint Chiefs of Staff. [Washington Post, 7/15/2003; Voice of America, 7/15/2003; Vanity Fair, 5/2004, pp. 282] The Pentagon will later say that Defense Secretary Donald Rumsfeld was not informed about the trip or its conclusions. [Voice of America, 7/15/2003]
This partial image from a Total Information Awareness slide presentation shows types of data that will be collected. Note that
even “gait” - the way one walks, will be analyzed.
[Source: DARPA]The US military internally announces the creation of a new global data collection system called Total Information Awareness. The existence of this program is not reported until August 2002 [Wired News, 8/7/2002] , and not widely known until November 2002 (see November 9, 2002). Interestingly, the early accounts of this program suggest its budget is a “significant amount” of $96 million [Federal Computer Week, 10/17/2002] , and not the $10 million later reported. [Guardian, 11/23/2002] It is also reported that “parts” of the program “are already operational” whereas later it is said to be only in the conceptual stages of development. [Federal Computer Week, 10/17/2002]
A New York Times article theorizes that diesel fuel tanks were responsible for the collapse of Building 7 of the WTC. It collapsed at 5:20 p.m. on 9/11, even though it was farther away from the Twin Towers than many other buildings that remained standing (see (5:20 p.m.) September 11, 2001). It was the first time a steel-reinforced high-rise in the US had ever collapsed in a fire. One of the fuel tanks had been installed in 1999 (see June 8, 1999) as part of a new “Command Center” for Mayor Rudolph Giuliani. [New York Times, 3/2/2002; Dow Jones Business News, 9/10/2002] However, in interviews, several Fire Department officers who were on the scene say they were not aware of any combustible liquid pool fires in WTC 7. [Fire Engineering, 9/2002] And, according to the National Institute of Standards and Technology (NIST), between 11:30 a.m. and 2:30 p.m. on 9/11, “No diesel smells [were] reported from the exterior, stairwells, or lobby areas” of WTC 7. [National Institute of Standards and Technology, 6/2004, pp. L-22 ] Curiously, given all the Wall Street scandals later in the year, Building 7 housed the SEC files related to numerous Wall Street investigations, as well as other federal investigative files. All the files for approximately 3,000 to 4,000 SEC cases were destroyed. Some were backed up in other places, but many were not, especially those classified as confidential. [New York Law Journal, 9/17/2001] Lost files include documents that could show the relationship between Citigroup and the WorldCom bankruptcy. [Street, 8/9/2002] The Equal Employment Opportunity Commission estimates over 10,000 cases will be affected. [New York Law Journal, 9/14/2001] The Secret Service had its largest field office, with more than 200 employees, in WTC 7 and also lost investigative files. Says one agent: “All the evidence that we stored at 7 World Trade, in all our cases, went down with the building.” [Tech TV, 7/23/2002] The IRS and Department of Defense were also tenants, along with the CIA, which, it has been revealed, had a secret office in Building 7. [CNN, 11/4/2001; New York Times, 11/4/2001; Federal Emergency Management Agency, 5/1/2002, pp. 5-2; New York Magazine, 3/20/2006] A few days later, the head of the WTC collapse investigation says he “would possibly consider examining” the collapse of Building 7, but by this time all the rubble has already been removed and destroyed. [US Congress, 3/6/2002]
Speaking in regard to media reports of the Defense Department’s new Nuclear Posture Review (NPR) (see December 31, 2001), the Defense Department issues a statement downplaying its meaning. The statement reads in part: “We will not discuss the classified details of military planning or contingencies, nor will we comment on selective and misleading leaks. The Nuclear Posture Review is required by law. It is a wide-ranging analysis of the requirements for deterrence in the 21st century. This review of the US nuclear posture is the latest in a long series of reviews since the development of nuclear weapons. It does not provide operational guidance on nuclear targeting or planning. The Department of Defense continues to plan for a broad range of contingencies and unforeseen threats to the United States and its allies. We do so in order to deter such attacks in the first place. Of particular significance in the new Nuclear Posture Review is President Bush’s decision to reduce operationally deployed strategic nuclear weapons by two-thirds, a decision made possible by the new strategic relationship with Russia.” [Federation of American Scientists, 3/9/2002] The Defense Department is being deceptive in its attempt to downplay the NPR, which in fact is a new operational policy that plans for pre-emptive nuclear strikes against countries attempting to create weapons of mass destruction, if the White House deems such strikes necessary. [Federation of American Scientists, 11/5/2007]
White House chief of staff Andrew Card instructs government agencies to be watchful about safeguarding records that might contain any “information that could be misused to harm the security of our nation and the safety of our people.” Card’s order does not define terms, and agency heads are encouraged to define such cited information as broadly as possible. As a result, many government agencies begin refusing Freedom of Information Act (FOIA) requests under a broadly, and often crudely, applied rubric of “national security.” Card’s order precipitates a cascade of new designations for non-classified information that agencies do not want to release, including “For Official Use Only,” “Sensitive but Unclassified,” “Not for Public Dissemination,” and others. The Congressional Research Service will later estimate that some 50 to 60 new designations are created by various executive agencies to keep information away from the public. In addition, some agencies allow any official or employee, from the agency head to the lowliest clerk, to designate a document as off-limits; all 180,000 employees of the Department of Homeland Security, for example, can designate a document “For Official Use Only” and thus keep it out of public hands. Reporter and author Charlie Savage will write in 2007: “There is no system for tracking who stamped it, for what reason, and how long it should stay secret. There is no process for appealing a secrecy decision.” Websites containing reams of government information are purged and sometimes shut down entirely. Periodic reports containing information that someone deems sensitive, or perhaps merely embarrassing, are terminated. FOIA requests are routinely stalled. Even such innocuous documents as the Defense Department’s personnel directory, formerly available for sale at the Government Printing Office, is now deemed unsafe for public consumption. The Environmental Protection Agency stops publishing chemical plants’ plans for dealing with disasters, perhaps protecting the public from inquisitive terrorists but certainly easing the pressure on the plants to keep their disaster preparation plans current and effective. The Defense Department stops selling topographic charts, used by, among others, airlines for creating flight charts and biologists for mapping species distribution, for “fear” that “those intending harm” might use the charts to plot attacks on US targets. Even old press releases written specifically for public distribution are retroactively classified. [Andrew Card, 3/19/2002; Savage, 2007, pp. 101-103]
Secretary of Defense Donald Rumsfeld signs Military Commission Order No. 1 prescribing the procedures of the military commission trials (see November 10, 2001). The order says a two-third majority is required to determine a sentence and unanimity for applying the death penalty. It fails to provide for the possibility of appeals. It also says evidence submitted before a commission “shall” be declared admissible if the presiding officer or a majority of the commission members consider that it “would have probative value to a reasonable person.” [US Department of Defense, 3/21/2002 ]
Fundamental Violations of Defendant Rights - Thus, if the presiding member or a majority considers a statement made under any form of coercion, including torture, to have some “probative value,” it “shall” be admitted. Professor Neal Katyal of Georgetown University later says this is a break with standard proceedings in civil courts and courts-martial and calls it “clearly at odds with American military justice.” [Los Angeles Times, 8/18/2004] Under the rules, the “Accused” is assigned a military officer to conduct his defense, but may select another officer. He may also retain a civilian attorney; however, he may only choose a lawyer who is vetted by the military. Unlike a military attorney, the civilian lawyer can be excluded from the trial if the presiding member of the commission decides to hold closed proceedings. This prompts Amnesty International to observe that the commissions “will restrict the right of defendants to choose their own counsel and to an effective defense.” [Amnesty International, 10/27/2004] Under the rules of the military commissions the military is allowed to monitor private conversations between defense lawyers and their clients. This violates, as Human Rights Watch remarks, “the fundamental notion of attorney-client confidentiality.” [Human Rights Watch, 1/9/2004]
Extraordinary Procedures for a 'Special Breed of Person' - In a discussion of the new rules, Deputy Secretary of Defense Paul Wolfowitz, in an appearance on the PBS NewsHour with Jim Lehrer, explains that the detainees being held in Guantanamo are “dangerous people, whether or not they go before a military commission.” He adds, “We’re dealing with a special breed of person here” and thusly new and far more draconian rules must be applied. [PBS, 3/21/2002]
Battle with JAG Lawyers - Rumsfeld worked with lawyers from the Pentagon’s Judge Advocate General (JAG) office to create the procedures for the commissions. The JAG lawyers viewed the commissions as well outside the established rule of law, both in due process as mandated by the Constitution and in the protections mandated by the Geneva Conventions. But Rumsfeld and his group of political appointees considered the JAGs too closed-minded, and insisted on procedures that horrified the military lawyers—low standards for convictions, denial of civilian attorneys, imposition of the death penalty without unanimous consent of the panel of officers judging the case, and other proposed procedures. The JAGs argued that some of the proposals floated by Rumsfeld and his staff would violate their own ethical standards and put them at risk for later prosecution for war crimes if adopted. One top JAG official threatened to resign if the procedures were not brought more in line with established military law. The final version is a compromise between the two camps. Major General Thomas Romig, the head of JAG, later says that the final version still is not what the JAGs would have created on their own. As reporter and author Charlie Savage will later write, based on Romig’s comments: “While less draconian than the political appointees’ initial plans, the military commissions were still legally objectionable in several respects. The commission rules, for example, allowed secret evidence that would be kept hidden from a defendant and allowed the admission of evidence obtained through coercive interrogations [torture]. Moreover, the special trials still had no explicit congressional authorization.” [Savage, 2007, pp. 138-139]
The Future of Iraq dossier cover. [Source: Representational Pictures]The US State Department begins the “Future of Iraq” project aimed at developing plans for post-Saddam Iraq. The project eventually evolves into the collaborative effort of some 17 working groups involving more than 200 exiled Iraqi opposition figures and professionals including jurists, academics, engineers, scientists, and technical experts. These groups meet on numerous occasions over the next eight to ten months, preparing plans to address a wide range of issues. The 17 working groups include: Public Health and Humanitarian Needs; Water, Agriculture and the Environment; Public Finance and Accounts; Transitional Justice; Economy and Infrastructure; Refugees and Internally Displaced Persons, and Migration Policy; Foreign and National Security Policy; Defense Institutions and Policy; Civil Society Capacity-Building; Public and Media Outreach; Economic and Infrastructure; Local Government; Anti-Corruption Measures; Oil and Energy; Education; Free Media; and Democratic Principles. [US Department of State, 1/22/2002; United Press International, 6/5/2002; US Department of State, 10/4/2002; US Department of State, 10/11/2002; US Department of State, 10/11/2002; Assyrian International News Agency, 10/31/2002; Washington File, 12/16/2002; Washington File, 12/16/2002; US Department of State, 12/19/2002; Washington File, 2/3/2003; Detroit Free Press, 2/10/2003; US Department of State, 2/12/2003; US Department of State, 4/23/2003 ; New York Times, 10/19/2003; US News and World Report, 11/25/2003]
Problems and Setbacks - The project suffers from a serious lack of interest and funds. In July, The Guardian reports: “Deep in the bowels of the US State Department, not far from the cafeteria, there is a small office identified only by a handwritten sign on the door reading: ‘The Future of Iraq Project.‘… [T]he understaffed and underfunded Future of Iraq Project has been spending more effort struggling with other government departments than plotting Saddam’s downfall.” [Guardian, 7/10/2002] More than a month after the invasion, several of the project’s 17 working groups will still have not met. [Roberts, 2008, pp. 126]
Achievements - The $5 million project ultimately produces 13 volumes of reports consisting of some 2,000 pages of what is described as varying quality. The New York Times will later report, “A review of the work shows a wide range of quality and industriousness.” [New York Times, 10/19/2003] The newspaper cites several examples:
“[T]he transitional justice working group, made up of Iraqi judges, law professors, and legal experts… met four times and drafted more than 600 pages of proposed reforms in the Iraqi criminal code, civil code, nationality laws and military procedure.” [New York Times, 10/19/2003]
“The group studying defense policy and institutions expected problems if the Iraqi Army was disbanded quickly.… The working group recommended that jobs be found for demobilized troops to avoid having them turn against allied forces.” [New York Times, 10/19/2003]
“The democratic principles working group wrestled with myriad complicated issues from reinvigorating a dormant political system to forming special tribunals for trying war criminals to laying out principles of a new Iraqi bill of rights.” [New York Times, 10/19/2003]
“The transparency and anticorruption working group warned that ‘actions regarding anticorruption must start immediately; it cannot wait until the legal, legislative and executive systems are reformed.’” [New York Times, 10/19/2003]
“The economy and infrastructure working group warned of the deep investments needed to repair Iraq’s water, electrical, and sewage systems.” [New York Times, 10/19/2003]
“The free media working group noted the potential to use Iraq’s television and radio capabilities to promote the goals of a post-Hussein Iraq.” [New York Times, 10/19/2003]
Impact of the Project's Work - After the US and British invasion of Iraq, Knight Ridder will report, “Virtually none of the ‘Future of Iraq’ project’s work was used.” [Knight Ridder, 7/12/2003] It was “ignored by Pentagon officials,” the New York Times will also observe. [New York Times, 10/19/2003] Iraq expert and former CIA analyst Judith Yaphe, who is one of the American experts involved in the “Future of Iraq” project, will tell American Prospect magazine in May 2003: “[The Office of the Secretary of Defense] has no interest in what I do.” She will also complain about how the Defense Department prevented the State Department from getting involved in the post-war administration of Iraq. “They’ve brought in their own stable of people from AEI [American Enterprise Institute], and the people at the State Department who worked with the Iraqi exiles are being kept from [Jay] Garner,” she will explain. [American Prospect, 5/1/2003] One of those people is Tom Warrick, the “Future of Iraq” project director. When retired Lt. Gen. Jay Garner, the first US administrator in Iraq, requests that Warrick join his staff, Pentagon civilians veto the appointment. [Knight Ridder, 7/12/2003; New York Times, 10/19/2003] Other sources will also say that the Pentagon purposefully ignored the work of the “Future of Iraq” project. Air Force Lt. Col. Karen Kwiatkowski, who retires from the Pentagon’s Near East/South Asia bureau on July 1, will tell Knight Ridder Newspapers that she and her colleagues were instructed by Pentagon officials in the Office of Special Plans to ignore the State Department’s concerns and views. “We almost disemboweled State,” Kwiatkowski will recall. [Knight Ridder, 7/12/2003] After the fall of Saddam Hussein, critics will say that several of the post-war problems encountered could have been avoided had the Pentagon considered the warnings and recommendations of the “Future of Iraq” project. [American Prospect, 5/1/2003; New York Times, 10/19/2003]
Pentagon psychologist Bruce Jessen, who serves as the Joint Personnel Recovery Agency (JPRA)‘s senior psychologist for its SERE (Survival, Evasion, Resistance, and Escape) training program, releases an internal draft report for reverse-engineering SERE training techniques to be used against enemy detainees. SERE training teaches soldiers to resist torture inflicted on them by enemy captors. Jessen’s report, a follow-up to a previous report authored by him and fellow military psychologist James Mitchell (see January 2002 and After), calls for the creation of a secret “exploitation facility” that would be off-limits to oversight bodies such as the International Committee of the Red Cross, and would be kept clear of reporters. Jessen’s plan also describes the fundamentals of an “enhanced interrogation” methodology. According to a 2009 press report, it advocated techniques “strikingly similar to those that later surfaced at Abu Ghraib and elsewhere: nudity, stress positions, hoods, treatment like animals, sleep disruption, loud music and flashing lights, and exposure to extreme temperatures.” The techniques also include waterboarding, used 266 times against two high-value al-Qaeda detainees (see April 16, 2009 and April 18, 2009). The report notes: “Typically, those who play the part of interrogators in SERE school neither are trained interrogators nor are they qualified to be. Their job is to train our personnel to resist providing reliable information to our enemies.” However, senior JPRA and Pentagon officials will ignore Jessen’s caveats and authorize the application of SERE methods to the interrogations of al-Qaeda detainees (see April - June 2002). Three months later, JPRA will begin training CIA agents in SERE-derived techniques (see July 2002), including a two-day session on waterboarding (see July 1-2, 2002). Shortly after the training sessions, Pentagon general counsel William Haynes will ask JPRA for more information on SERE techniques. Haynes’s deputy, Richard Shiffrin, will later confirm “that a purpose of the request was to ‘reverse engineer’ the techniques.” [Agence France-Presse, 4/22/2009] In 2009, the press learns that Mitchell and Jessen are paid $1,000 a day to train military interrogators (see April 30, 2009).
The Bush administration, prodded by State Department official John Bolton, refuses to certify that Russia is in compliance with international accords banning chemical and biological weapons. As a result, Russia is no longer eligible for State Department and Defense Department funding for nuclear nonproliferation programs (see January 10, 2001 and After). The Clinton administration harbored similar concerns, but believed that helping Russia secure its loose nuclear weapons and technology was more important than holding Russia in noncompliance in the CBW accords. In related negotiations, Bolton successfully impedes progress in negotiations in a liability agreement with the US over the securing of “loose nukes”; Bolton insists on absolving US government officials, as well as private firms and personnel, of any liability for accidents or even sabotage encountered as part of the nonproliferation programs. The dispute will not be resolved until September 2006. [Scoblic, 2008, pp. 209]
The Defense Department announces that all service members who were on active duty on or after 9/11 are eligible to wear the National Defense Service Medal. Deputy Secretary of Defense Paul Wolfowitz says, “The sacrifices and contributions made by the armed forces in direct response to the terrorism attacks on the United States and to the long-term resolution of terrorism merit special recognition.” With a few exceptions, members of the National Guard and Reserve may also be awarded the medal. [US Department of Defense, 5/2/2002]
The King of Jordan, Abdullah II, visits Washington to discuss the Israel-Palestinian peace process. Abdullah’s visit comes on the heels of Saudi Crown Prince Abdullah’s earlier visit, where he threatened to break off discussions with the US if President Bush refused to deal seriously with the matter (see Spring 2002). Though the Saudi leader seemingly shook up Bush with his unusually direct insistence on American action, Bush appears surprised that the Jordanian king is also concerned with the issue. Bush listens politely to Abdullah’s appeal, and says that the king’s idea of a “road map to peace” sounds reasonable. National Security Council official Flynt Leverett, the head of the NSC’s Mideast affairs division, promises Abdullah that such a “road map” will be drawn up by the end of 2002. No such proposal is ever completed; neoconservatives in the Defense Department (Donald Rumsfeld and Douglas Feith), the Vice President’s Office (John Hannah and Lewis “Scooter” Libby), and the NSC (Elliott Abrams) continue to oppose the idea, calling it nothing but a reward to the Palestinians for “bad behavior” (see December 2001-January 2002). Only if Palestine rejects terrorism and implements democracy will the US enter into negotiations, they insist, regardless of what promises Bush has made. [Esquire, 10/18/2007]
Entity Tags: Office of the Vice President, Donald Rumsfeld, Bush administration (43), Abdullah II ibn al-Hussein, Douglas Feith, Lewis (“Scooter”) Libby, Elliott Abrams, George W. Bush, US Department of Defense, Flynt Leverett, National Security Council, John Hannah
Timeline Tags: US International Relations
Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). [Public Record, 2/22/2009]
Entity Tags: US Department of State, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, Central Intelligence Agency, US Department of Justice, Condoleezza Rice, Geneva Conventions, David S. Addington, Richard (“Dick”) Cheney, George W. Bush, US Department of Defense
Timeline Tags: Civil Liberties
Joint Personnel Recovery Agency logo. [Source: US Air Force]The Joint Personnel Recovery Agency (JPRA), the Pentagon agency tasked with advising the Defense Department on the use of harsh interrogation techniques—torture—against suspected terrorists in US custody (see December 2001), sends an unsigned memo to the Pentagon’s chief counsel, William Haynes, advising him that the use of such methods would constitute “torture,” and would produce “unreliable information” from torture victims.
Memo Warned of Torture Would Produce Bad Information - “The requirement to obtain information from an uncooperative source as quickly as possible—in time to prevent, for example, an impending terrorist attack that could result in loss of life—has been forwarded as a compelling argument for the use of torture,” the document reads. “In essence, physical and/or psychological duress are viewed as an alternative to the more time-consuming conventional interrogation process. The error inherent in this line of thinking is the assumption that, through torture, the interrogator can extract reliable and accurate information. History and a consideration of human behavior would appear to refute this assumption.” The key deficiency of physical or psychological duress is the reliability and accuracy of the information gained, the memo says. “A subject in pain may provide an answer, any answer, or many answers in order to get the pain to stop.” The memo also warns that the use of torture by the US could influence US enemies to torture American captives: “The unintended consequence of a US policy that provides for the torture of prisoners is that it could be used by our adversaries as justification for the torture of captured US personnel.” It concludes that “the application of extreme physical and/or psychological duress (torture) has some serious operational deficits, most notably the potential to result in unreliable information.” The word “extreme” is underlined.
Also Sent to CIA - Besides Haynes, the memo is forwarded to the Pentagon’s Office of the General Counsel, and apparently to CIA chief counsel John Rizzo and the Justice Department. It is unclear whether high-ranking White House officials will see the document.
One of Many Warnings - JPRA chief of staff Daniel Baumgartner will later say that the agency “sent a lot of cautionary notes” regarding harsh techniques. “There is a difference between what we do in training and what the administration wanted the information for,” Baumgartner will tell a reporter in 2009. “What the administration decided to do or not to do was up to the guys dealing with offensive prisoner operations.… We train our own people for the worst possible outcome… and obviously the United States government does not torture its own people.”-
Senator Says Memo Suppressed - After the memo becomes public knowledge as part of a Senate report on Bush administration torture decisions (see April 21, 2009), Senator Carl Levin (D-MI), the chairman of the Armed Services Committee, will say that he believes the memo was deliberately ignored and perhaps suppressed. Levin will call the memo’s treatment “part of a pattern of squelching dissent.” A Bush administration official will later say of the memo: “That information was not brought to the attention of the principals. That would have been relevant. The CIA did not present with pros and cons, or points of concern. They said this was safe and effective, and there was no alternative.” The memo conflicts with proposals from two JPRA psychologists heavily involved in creating a program of harsh interrogation tactics (see January 2002 and After). [Joint Personnel Recovery Agency, 7/2002 ; Washington Post, 4/25/2009]
General Dynamics logo. [Source: Castle Air Museum.]Defense Secretary Donald Rumsfeld has so far hired “32 appointees to top policymaking positions who were former executives, paid consultants, or major shareholders of top defense contractors,” according to author William Hartung, writing for the Los Angeles Times. Hartung says Rumsfeld came into office determined to hire a “core group of corporate executives to run the Pentagon in what one commentator describe[s] as ‘Department of Defense Inc.’” Rumsfeld placed executives in charge of three of the military’s five branches—Northrop Grumman’s James Roche for the Air Force, General Dynamics’s Gordon England for the Navy, and Enron’s Thomas White for the Army. Since their ascension to power, the military has been accused by such critics as Senator John McCain (R-AZ) of stunning levels of “war profiteering.” Hartung writes that the Pentagon is suffering from a severe case of “ethical rot” under Rumsfeld, and says that the Pentagon is experiencing “decreased accountability and a level of cronyism… more reminiscent of Indonesia under Suharto than anything Washington has seen in recent memory.” [Los Angeles Times, 12/10/2003; Carter, 2004, pp. 72]
Officials from the Pentagon’s Joint Personnel Recovery Agency (JPRA) conduct a two-day seminar with select CIA interrogators and other agents on the methodologies of waterboarding. The JPRA officials are instructors in the SERE (Survival, Evasion, Resistance, and Evasion) program, which teaches US soldiers how to resist torture. SERE instructors are not trained interrogators, and the SERE techniques, originally based on Chinese Communist methods used to force false confessions from American prisoners during the Korean War (see Mid-April 2002 and July 2002), have never been shown to produce reliable information from their victims. [Agence France-Presse, 4/22/2009]
The US military releases a new Defense Planning Guidance strategic vision. It “contains all the key elements” of a similar document written ten years earlier (see March 8, 1992) by largely the same people now in power. Like the original, the centerpiece of this vision is preventing any other powers from challenging US world dominance. Some new tactics are proposed, such as using nuclear weapons for a preemptive strike, but the basic plan remains the same. [Los Angeles Times, 7/13/2002; Los Angeles Times, 7/16/2002; Harper's, 10/2002] David Armstrong notes in Harper’s magazine: “[In 1992] the goal was global dominance, and it met with bad reviews. Now it is the answer to terrorism. The emphasis is on preemption, and the reviews are generally enthusiastic. Through all of this, the dominance motif remains, though largely undetected.”
The CIA’s Office of Technical Services gathers data about the use of potential “enhanced interrogation techniques,” which the CIA wishes to use on detainees in the war on terror, and their long-term psychological effects on detainees. According to the agency’s inspector general, the information is solicited from “a number of psychologists and knowledgeable academics in the area of psychopathology.” It also comes from the Defense Department’s Joint Personnel Recovery Agency (JPRA), which provides information about Survival, Evasion, Resistance, and Escape (SERE) training and its subsequent psychological effects on students. The JPRA says that no long-term psychological effects result from the use of the techniques, including waterboarding, on SERE students. The data is then provided to lawyers at the agency’s Office of General Counsel and the Justice Department’s Office of Legal Counsel, who use it to draft legal opinions. [Central Intelligence Agency, 5/7/2004, pp. 14 ]
At the request of Under Secretary of Defense for Policy Douglas Feith, Pentagon officials visit CIA Director George Tenet at Langley headquarters to voice their objections to the final draft of a CIA assessment on Iraq’s supposed links to militant Islamic groups. The officials dispute the report’s conclusion that intelligence suggesting an alleged April 2001 Prague meeting between Mohamed Atta and Iraqi diplomat Ahmed Khalil Ibrahim Samir al-Ani (see 1999) is not credible. As a result of Pentagon officials’ objections, the CIA’s assessment is postponed until September 18. Tenet will later say he “didn’t think much of” the briefing. [Daily Telegraph, 7/11/2004; Newsweek, 7/19/2004]
General Frederick Kroesen. [Source: US Army]General Frederick Kroesen, a former commander of US forces in Europe, warns that the Pentagon seems to be embarking on a “campaign based on hope” in its planning for an Iraq invasion and occupation. If the Defense Department’s assumptions of an easy victory and a welcoming populace prove faulty, Kroesen warns, the occupation could become a disaster. [Roberts, 2008, pp. 141]
Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 ] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]
Neoconservative Richard Perle, the head of the Pentagon’s Defense Policy Board, says that the Bush administration has expended so much time and effort in making its case for war against Iraq that it has no other choice except to invade. He says, “The failure to take on Saddam [Hussein]… would produce such a collapse of confidence in the president that it would set back the war on terrorism.” [New York Times, 8/16/2002] In 2006, author Frank Rich interprets Perle’s words, writing: “If Bush didn’t get rid of Saddam after all this saber rattling, he will look like the biggest wimp since—well, his father. If he didn’t do it soon, after all these months of swagger, he would destroy his credibility and hurt the country’s.” [Rich, 2006, pp. 62]
The British government is “shocked” when it learns “that in the postwar period, the Defense Department would still be running the show.” [Washington Post, 6/12/2005]
Jeff Cohen. [Source: Jeff Cohen]Jeff Cohen, the founder of the media watchdog organization Fairness and Accuracy in Reporting (FAIR) and a former producer for MSNBC talk show host Phil Donahue, loses almost all of his airtime on the network as the Iraq invasion approaches. Cohen, once a frequent guest on MSNBC’s various opinion and commentary shows, will reflect in his 2006 book Cable News Confidential that he argued passionately against invading Iraq, using “every possible argument that might sway mainstream viewers—no real threat, cost, instability.” However, as the run-up to war progresses, he is no longer allowed on the air. He will write: “There was no room for me after MSNBC launched ‘Countdown: Iraq’—a daily one-hour show that seemed more keen on glamorizing a potential war than scrutinizing or debating it. ‘Countdown: Iraq’ featured retired colonels and generals, sometimes resembling boys with war toys as they used props, maps and glitzy graphics to spin invasion scenarios. They reminded me of pumped-up ex-football players doing pre-game analysis and diagramming plays. It was excruciating to be sidelined at MSNBC, watching so many non-debates in which myth and misinformation were served up unchallenged.” In 2008, Cohen will write: “It was bad enough to be silenced. Much worse to see that these ex-generals—many working for military corporations—were never in debates, nor asked a tough question by an anchor.” Cohen’s recollections will be bolstered by a 2008 New York Times investigation that documents a systematic, well-organized media manipulation program by the Pentagon that successfully sells the war to the media and the American public by using so-called “independent military analysts” (see April 20, 2008 and Early 2002 and Beyond). While the Times article focuses primarily on the analysts and their Pentagon handlers, Cohen says that an equal portion of blame belongs to the media outlets themselves. “The biggest villain here is not Rumsfeld nor the Pentagon,” Cohen writes. “It’s the TV networks. In the land of the First Amendment, it was their choice to shut down debate and journalism. No government agency forced MSNBC to repeatedly feature the hawkish generals unopposed. Or fire Phil Donahue. Or smear weapons expert Scott Ritter. Or blacklist former attorney general Ramsey Clark. It was top NBC/MSNBC execs, not the Feds, who imposed a quota system on the Donahue staff requiring two pro-war guests if we booked one anti-war advocate—affirmative action for hawks.… [T]he major TV networks… were not hoodwinked by a Pentagon propaganda scheme. They were willingly complicit, and have been for decades.” [Truthout (.org), 4/28/2008]
Entity Tags: Phil Donahue, Fairness and Accuracy in Reporting, Donald Rumsfeld, Jeff Cohen, New York Times, MSNBC, Scott Ritter, NBC, Ramsey Clark, US Department of Defense
Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda
Dismayed at the lack of post-invasion planning in the Defense Department (see August 2002), the Joint Chiefs of Staff advance their own proposal for a military command to govern Iraq after the overthrow of Saddam Hussein. Defense Secretary Donald Rumsfeld insists on a split between military and civilian functions; he places Undersecretary for Policy Douglas Feith in charge of planning for the civilian administration. Feith, whom CENTCOM commander Tommy Franks calls “the dumbest f_cking guy on the planet,” is an academic with no experience at administration on such a level, and will be roundly excoriated for his incompetence in handling the assignment. Author and public administration professor Alasdair Roberts will later write that beyond Feith’s lack of competence is a bureaucratic failure: the Pentagon “was simply reaching beyond its abilities.” A RAND report will later find the Defense Department “lacked experience, expertise, funding authority, local knowledge, and established contacts with other potential civilian organizations” to do the task it had set for itself. Roberts will write that the Pentagon will substitute improvisation for meticulous planning (see January 2003). [Roberts, 2008, pp. 126, 134]
As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]
Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan
Timeline Tags: Civil Liberties
The Bush White House establishes a “high-level, interagency task force” charged with the task of “coordinating all Iraq war planning efforts and postwar initiatives.” The task force is headed by the Deputies Committee, which is made up of the “No. 2 officials at the Pentagon, Joint Chiefs of Staff, State Department, CIA, National Security Council, and vice president’s office.” The committee’s job is to review the work of other groups who have been involved in the planning of post-war Iraq, and provide recommendations to President Bush’s top advisers. The committee draws on the work of the Pentagon’s Office of Special Plans (OSP) (see 2002-2003 and September 2002), Elliott Abrams’s group (see November 2002-December 2002 and December 2002) and the State Department’s “Future of Iraq” project (see April 2002-March 2003). Later accounts make clear that Abrams’s and the OSP’s recommendations have much more influence. The Deputies Committee usually meets in the White House situation room. National Security Adviser Condoleezza Rice keeps Bush updated on the progress of the task force’s work. In November, US News and World Report reports that a consensus is forming “at the highest levels of the Bush administration over how to run the country after Saddam and his regime are history.” [Financial Times, 11/4/2002; US News and World Report, 11/25/2003; Reuters, 11/25/2003]
Some Conclusions of the Deputies Committee -
No US-Created Government - The US should not create a provisional government or a government in exile. “We are not going to be in the business of choosing” who should lead Iraq, a senior official tells US News and World Report. [US News and World Report, 11/25/2003]
Lengthy Occupation - The invasion of Iraq will likely be followed by a lengthy occupation. This conclusion is passed on to Bush. “I have been with the president when he has been briefed about the need to have US forces there for an extended period of time,” a senior administration official will later tell US News and World Report. [US News and World Report, 11/25/2003]
Military Occupation Rule before Turning over Rule to Iraqis - During the first phase of the occupation, Iraq will be ruled by the military, probably a US general. The primary objective during this phase will be maintaining security and preventing the emergence of hostilities between the Shi’ites and Sunnis. Pentagon officials involved in planning this stage are reported to have reviewed the archived plans for the occupation of Germany and Japan. The second phase of the occupation will involve some sort of international civilian administration, with a diminished US military presence, and Iraqis will be given a larger role in the government. In the last phase, a constitution will be drafted, transferring power to a representative, multiethnic Iraqi government that commits to being free of weapons of mass destruction. [US News and World Report, 11/25/2003]
War Paid for by Iraqi Oil - Revenue generated from the sale of Iraq’s oil will be used for the cost of reconstruction and for conducting humanitarian operations. Hardliners however want the funds to pay for the military costs of the invasion as well. [US News and World Report, 11/25/2003]
Dissension over Roles of Iraqi Exiles - No firm decisions are made about the what role, if any, Iraqi exiles affiliated with the Iraqi National Congress (INC) will play in post-Saddam Iraq. Pentagon hardliners and some top officials in the White House favor giving them a prominent role, while the CIA and State Department adamantly oppose their inclusion, arguing that the exiles cannot be trusted. [US News and World Report, 11/25/2003]
US Will Not Be Seen as 'Liberators' - Iraqis will not necessarily treat the invading American soldiers as “liberators.” Many Iraqis harbor a deep resentment against the US for the decades-long sanction policy. [US News and World Report, 11/25/2003]
Entity Tags: Office of Special Plans, National Security Council, Office of the Vice President, US Department of State, Joint Chiefs of Staff, US Department of Defense, George W. Bush, Iraqi National Congress, Bush administration (43), Central Intelligence Agency, Ahmed Chalabi, Condoleezza Rice, Elliott Abrams
Timeline Tags: Events Leading to Iraq Invasion
As the administration’s push to convince Americans that the Iraq war is necessary is reaching its height, the Pentagon sends its military analysts out to the television networks and the press (see April 20, 2008 and Early 2002 and Beyond) with talking points portraying Iraq as an imminent threat. The analysts are to emphasize that Iraq has chemical and biological weapons that it can and will use, that it is developing nuclear weapons, and that it is sure to provide these weapons to al-Qaeda. A military invasion, the talking points state, is not only a necessity, but will be a relatively quick, relatively bloodless, and relatively inexpensive “war of liberation.” Pentagon public relations chief Victoria Clarke and her staff are thrilled at how well the analysts incorporate Pentagon talking points into their own presentations. Clarke’s aide Brent Krueger recalls: “You could see that they were messaging. You could see they were taking verbatim what the secretary was saying or what the technical specialists were saying. And they were saying it over and over and over.” Some days, “We were able to click on every single station and every one of our folks were up there delivering our message. You’d look at them and say, ‘This is working.’” [New York Times, 4/20/2008]
A US official with inside knowledge of the interrogations of detainees at the US prison at Guantanamo tells USA Today that the administration’s recent assertions that Iraq has trained al-Qaeda members are based on uncorroborated information from a single Guantanamo detainee. The source also notes that the detainees may be lying to US authorities to encourage a US invasion of Iraq in order to add support to the al-Qaeda argument “that the United States is the mortal enemy of Muslim countries.” [USA Today, 9/26/2002]
Defense Secretary Donald Rumsfeld holds a “top secret” briefing on Iraq for selected Congressional members, including, among others, Senator John McCain (R-AZ). The briefing takes place in the most secure room in the Capitol, a small, windowless chamber that is ostentatiously swept for bugs before the briefing. At the outset, the lawmakers are sworn to deepest secrecy. But during the briefing, Rumsfeld tells the assembled members nothing they couldn’t learn by watching the nightly news. McCain abruptly leaves the meeting, and later says, “It was a joke.” Vice President Cheney has said that the administration doesn’t trust the 535 members of Congress not to leak classified information, and therefore they must make their decisions concerning war with Iraq without the benefit of complete intelligence briefings (see Before September 9, 2002 and After). McCain reflects the feelings of many members in expressing his aggravation with the administration. “It becomes almost insulting after a while,” he says. “Everyone that goes to them is frustrated.” Rather than give “pretend” briefings that convey little information, McCain says, President Bush should just suspend the briefings entirely. House member Robert Menendez (D-NJ) says many members are skipping the briefings entirely to avoid signing a secrecy pledge that restricts what they can and cannot talk about. Menendez, briefed earlier by National Security Adviser Condoleezza Rice and CIA Director George Tenet, says, “I heard nothing that was new, compelling, or that I have not heard before.” White House spokesman Ari Fleischer says, “The White House will continue to as fully inform as possible members of Congress, while also preserving sensitive intelligence information so no inadvertent disclosure jeopardizes sources or methods or missions.” The White House has had some success with Democrats who might be resistant to its arguments for war by choosing to give more complete briefings to a few selected Democratic leaders, including House Minority Leader Richard Gephardt (D-MO). As a result, Democratic leaders in Congress are more supportive of the push towards war than many of their rank-and-file colleagues. [Washington Post, 9/15/2002]
During a Defense Department news briefing on Iraq, Defense Secretary Donald Rumsfeld says: “We know that they were a lot closer than any of the experts had estimated they would be with respect to [developing] a nuclear weapon. To the extent that they have kept their nuclear scientists together and working on these efforts, one has to assume they’ve not been playing tiddlywinks.” [US Department of Defense, 9/3/2002; Associated Press, 9/3/2002; United Press International, 9/3/2002]
The Department of Defense announces the assignment of Maj. Gen. Geoffrey D. Miller as commander of the Guantanamo prison. [US Department of Defense, 9/20/2002] He will assume his position in November.
The New York Times publishes a highly detailed set of military options the Pentagon has recently given President Bush for attacking Iraq (see September 20, 2002). General Tommy Franks gave Bush the document just before a US speech at the UN calling for military action against Saddam Hussein. The attack would begin with a lengthy air campaign by B-2 bombers using satellite-guided bombs to knock out Iraqi command centers and air defenses, to isolate Hussein from field commanders. Ground forces would stage out of Kuwait. “The President has options now, and he has not made any decisions,” states White House Press Secretary Ari Fleischer. [New York Times, 9/21/2002] These plans assume that only 5,000 troops would remain in Iraq by December 2006, a date only 45 months from the proposed invasion date - D-Day. The plans discussed goals and strategies for the invasion: “POTUS/SECDEF [President of US/Secretary of Defense] directed effort; limited to a very small group… Integrate / consider all elements of national power… [State Department] will promote creation of a broad-based, credible provisional government - prior to D-day… Iraqi regime has WMD capability.” [National Security Archive, 2/14/2007] The release of the military plans causes no widespread outrage or official US investigation, suggesting the White House approved the leak.
An unnamed Pentagon official tells USA Today that the hawks’ recent assertions regarding Iraq-al-Qaeda ties are “exaggeration[s]. The USA Today article, titled Experts Skeptical of Reports on Al-Qaeda-Baghdad Link, also says that “Other intelligence experts said some of the charges appeared to be based on old information and that there was still no ‘smoking gun’ connecting Iraq with the Sept. 11 attacks on the United States.” [USA Today, 9/26/2002]
The US and Britain present a jointly drafted UN resolution to Russia, China, and France that goes “far beyond anything previously agreed to by America’s partners on the UN Security Council.” The draft resolution seeks to authorize the use of military action against Iraq in the event that Saddam’s regime fails to comply with the new demands outlined in the draft resolution. The draft, which is not immediately made public, is reportedly three and a half single-space typed pages. [New York Times, 9/28/2002; Daily Telegraph, 9/29/2002]
Iraq in Repeated Violation of US Resolutions - In its opening paragraph, the draft resolution summarizes how Iraq is in violation of numerous past United Nations resolutions. [New York Times, 9/28/2002; New York Times, 10/2/2002]
7 Days to Open Country for Inspections - The draft resolution proposes giving Iraq seven days “to accept the resolution and declare all of its programs of weapons of mass destruction, and a further 23 days to open up the sites concerned and provide all documents to support the declaration.” [New York Times, 9/28/2002; New York Times, 10/2/2002]
Inspectors Protected by US Forces - Weapons inspectors would operate out of bases inside Iraq, where they would be under the protection of UN troops. UN military forces or those of a “member state” (presumably the US or Britain), would enforce “no-fly” and “no-drive” zones along the roads on the way to and around alleged weapons sites to be visited by the inspectors. This would discourage Iraqis from removing anything before inspections. “Diplomats at the UN said there was no doubt that US troops would play a leading role in any such enforcement, allowing the Pentagon to deploy forces inside Iraq even before hostilities got under way,” reports the Guardian. [New York Times, 10/2/2002; Guardian, 10/3/2002 Sources: Unnamed UN Diplomats]
Open Skies - The US-British draft resolution includes provisions that would demand that Iraq permit the free and unrestricted landing of aircraft, including unmanned spy planes. [New York Times, 10/2/2002; Guardian, 10/3/2002]
UN Can Remove Anyone for Interrogation - The UN inspections teams would be authorized to remove anyone it wishes to a location outside out of Iraq, along with his or her family, for interrogation. The stated reason for this would be to remove the person’s fear of possible Iraqi government reprisals. [New York Times, 10/2/2002; Guardian, 10/3/2002]
Overrides Resolution 1154 - The draft resolution would override the provisions of UN Resolution 1154, requiring inspectors to notify Iraqi authorities prior to inspecting presidential sites and to perform the inspections in the presence of Iraqi diplomats. That provision applies to eight such sites in Iraq, spanning about 11.5 square miles. [New York Times, 9/28/2002; Associated Press, 9/30/2002; New York Times, 10/2/2002]
Complete Openness or 'Material Breach' Allowing for Overthrow - The document stipulates that errors in a “currently accurate, full and complete declaration of all aspects” of its programs to develop weapons of mass destruction or “failure by Iraq at any time to comply and cooperate fully” would constitute “a further material breach… that authorizes member states to use all necessary means to restore international peace and security in the area,” which the New York Times notes is “a diplomatic euphemism for American and British military action to remove Mr. Hussein from power.” As one US official explains to the Times, “If we find anything in what they give us that is not true, that is the trigger. If they delay, obstruct or lie about anything they disclosed, then this will trigger action.” [New York Times, 9/28/2002; New York Times, 10/2/2002] The BBC reports that Russia, China, and France suspect “that the ultimatum is really designed to be turned down, leaving the way open for military operations during the December to February period.” [BBC, 9/30/2002]
US Nationals On Inspection Teams - The draft resolution would also allow the permanent members of the UN Security Council to place their own nationals on the inspection teams. This is significant because the current inspections team, UNMOVIC, currently does not have any US officials in high positions. The reason for this is because the last UN inspections team, UNSCOM, had been sabotaged by US spies (see December 17, 1999). [London Times, 9/18/2002; BBC, 10/1/2002; New York Times, 10/2/2002]
Iraqis, Allies Find Resolution Unacceptable - Iraq is infuriated by the draft resolution and calls it “unacceptable.” Iraqi Vice President Taha Yassin Ramadan states, “The position on the inspectors has been decided and any new measure intended to harm Iraq is unacceptable.” French President Jacques Chirac immediately expresses his opposition to the US-proposed draft resolution and seeks to form a coalition to prevent its passing. He explains that France favors the return of weapons inspectors to Iraq absent of any ultimatums because of “the seriousness of the decisions to be taken and the consequences.” He meets with Chinese premier Zhu Rongji and calls Russian President Vladimir V. Putin. Russia is also upset with the proposed draft resolution. “In its current form, this resolution cannot be implemented by its very nature,” a source tells Reuters. [New York Times, 9/28/2002; Daily Telegraph, 9/29/2002; Reuters, 9/29/2002; Sydney Morning Herald, 9/30/2002]
President Bush receives a one-page, highly classified “President’s Summary” of the US intelligence community’s new National Intelligence Estimate on Iraq (see October 1, 2002). The summary discusses the high-strength aluminum tubes that many administration and Pentagon officials believe are being used to help Iraq construct a nuclear weapon. Both the Energy Department (DOE) and the State Department’s Bureau of Intelligence and Research (INR) believe the tubes are “intended for conventional weapons,” contradicting the view of other intelligence agencies, including the CIA and DIA. The public will not be told of Bush’s personal knowledge of the DOE and INR dissents until March 2006. National Security Adviser Condoleezza Rice and other senior officials will try to explain the administration’s stance on Iraq’s nuclear program by asserting that neither Bush, Vice President Cheney, nor Rice ever saw the dissents. For months, Bush, Cheney, Rice, Secretary of State Colin Powell (see February 5, 2003), and others will cite the tubes as indisputable proof of an Iraqi nuclear program. US inspectors will discover, after the fall of the Iraqi regime, that the nuclear program had been dormant for over ten years, and the aluminum tubes used only for artillery shells.
Inquiry - The Bush administration will refuse to release the summary to Congressional investigators who wish to know the basis for the Bush administration’s assertions about Iraq’s nuclear weapons program. A senior official calls it the “one document which illustrates what the president knew and when he knew it.” It is likely that Bush never read the dissents in the report itself, as administration officials will confirm they do not believe Bush would have read the entire NIE, and it is likely that he never made it to the dissents, in a special text box positioned well away from the main text of the report. However, the one-page summary was written specifically for Bush, was handed to Bush by then-CIA director George Tenet, Bush read the summary in Tenet’s presence, and the two discussed the subject at length. Cheney was given virtually the same information as Bush concerning every aspect of the intelligence community’s findings on Iraq. Nevertheless, Bush and other officials (see July 11, 2003) will claim for months that they were unaware of the dissents. [National Journal, 3/2/2006]
A carrier group steams toward its destination. [Source: San Francisco Bay Area Independent Media Center]The Bush administration announces the deployment of four aircraft carrier groups to the Middle East (see September 20, 2002). All four will be within striking distance of Iraq by December. [Unger, 2007, pp. 264]
Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. [New Yorker, 2/27/2006]
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” [Vanity Fair, 5/2008]
Entity Tags: Michael E. Dunlavey, Donald Rumsfeld, Diane E. Beaver, Defense Intelligence Agency, David S. Addington, Alberto Mora, Geneva Conventions, Judge Advocate General School, US Department of Defense, US Department of the Army, Phillippe Sands, Joint Chiefs of Staff, US Southern Command
Timeline Tags: Torture of US Captives, Civil Liberties
Concurrent with the New York Times’s revelation of the existence of the Office of Special Plans (OSP—see October 24, 2002), Defense Secretary Donald Rumsfeld announces the existence of a similar operation, the Counter-Terrorism Evaluation Group (CTEG—see Shortly After September 11, 2001). CTEG has been absorbed into the OSP by this point. The Washington Post will call CTEG “a small team of defense officials outside regular intelligence channels to focus on unearthing details about Iraqi ties with al-Qaeda and other terrorist networks.” The unveiling of CTEG coincides with Rumsfeld’s move to take over the financing and management of an outside project, the “Information Collection Project,” sponsored by the Iraqi National Congress and one of CTEG’s primary sources of information. Before now, the State Department had financed and overseen the INC project, and had grown increasingly reluctant to maintain what Defense Intelligence Agency official Patrick Lang later calls an “off the reservation” intelligence operation (see September 15, 2001). Rumsfeld tells reporters, “Any suggestion that [CTEG is] an intelligence-gathering activity or an intelligence unit of some sort, I think would be a misunderstanding of it.” Rumsfeld’s assertion is contradicted by former CIA case officer, enthusiastic neoconservative, and CTEG consultant Reuel Marc Gerecht, who describes the intelligence-gathering mission of CTEG: “The Pentagon is setting up the capability to assess information on Iraq in areas that in the past might have been the realm of the agency (CIA). They don’t think the product they receive from the agency is always what it should be.” [Middle East Policy Council, 6/2004]
The deputy commander of the Pentagon’s Criminal Investigation Task Force at the Guantanamo Bay detention facility raises concerns that the SERE techniques being used against suspected terrorists (see December 2001) were “developed to better prepare US military personnel to resist interrogations and not as a means of obtaining reliable information.” Concurrently with this officer’s questions, Air Force officials cite “serious concerns regarding the legality of many of the proposed techniques.” Legal officials from other military branches agree, citing “maltreatment” that would “arguably violate federal law.” [Senate Armed Services Committee, 11/20/2008 ]
The Pentagon issues “stop-loss” orders for the National Guard. The order prevents Guardsmen whose volunteer commissions expire from leaving the Guard. Once deployed in Iraq or Afghanistan, Guardsmen will be compelled to remain for the duration of their units’ deployment. They can also be redeployed for up to 90 days after returning home from a tour of duty. [USA Today, 1/5/2004; Wilson, 2007, pp. 120]
The New York Times reports that the official Pentagon study assessing the structural effect of the 9/11 attack on the Pentagon was completed in July 2002 but has not been released, and may never be released. The study, conducted by the Army Corps of Engineers, “was specifically intended to consider Pentagon security in the light of new terrorist threats… Some, confused over what could be considered sensitive in the report, have expressed outrage that the lessons it may hold for other buildings could be squandered.” Engineers outside the investigation say the implications are considerable, since the design of the Pentagon is much more similar to other major buildings elsewhere than the design of the WTC. If the report were released, it is likely building codes would be changed and many lives saved in the long term. [New York Times, 11/5/2002]
The New York Times reports that the Defense Department “is considering issuing a secret directive to the American military to conduct covert operations aimed at influencing public opinion and policy makers in friendly and neutral countries’ in order to stem the tide of anti-Americanism. The Pentagon has considered several tactics it may employ to improve America’s image abroad. For example, the Times explains that the Pentagon “might pay journalists to write stories favorable to American policies,” or hire “outside contractors without obvious ties to the Pentagon to organize rallies in support of American policies.” Another idea would be to set “up schools with secret American financing to teach a moderate Islamic position laced with sympathetic depictions of how the religion is practiced in America.” Several official sources interviewed by the Times opposed the plans. One military officer tells the newspaper: “We have the assets and the capabilities and the training to go into friendly and neutral nations to influence public opinion. We could do it and get away with it. That doesn’t mean we should.” Retired Adm. Dennis C. Blair, a former commander of American forces in the Pacific, says that it probably wouldn’t be very effective. “Running ops against your allies doesn’t work very well…. I’ve seen it tried a few times, and it generally is not very effective,” he says. [New York Times, 12/16/2002] The White House defends the program. “The president has the expectation that any program that is created in his administration will be based on facts, and that’s what he would expect to be carried out in any program that is created in any entity of the government,” White House Press Secretary Ari Fleischer says. [New York Times, 12/16/2002]
David Brant, the head of the Naval Criminal Investigative Service (NCIS), approaches Naval General Counsel Alberto Mora about the abuse of detainees in US custody at Guantanamo, abuse perhaps authorized at a “high level” in Washington. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals.
Troubling Information - Brant has learned troubling information about the interrogations at Guantanamo (see Early December, 2002). Brant had never discussed anything so sensitive with Mora before, and later recalls, “I wasn’t sure how he would react.” Brant had already discussed the allegations of abuse with Army officials, since they have command authority over the detainees, and to Air Force officials as well, but goes to Mora after deciding that no one in either branch seems to care. He is not hopeful that Mora will feel any differently.
Worried about Abuse - Brant goes to Mora because, he will recall, he didn’t want his investigators to “in any way observe, condone, or participate in any level of physical or in-depth psychological abuse. No slapping, deprivation of water, heat, dogs, psychological abuse. It was pretty basic, black and white to me.… I didn’t know or care what the rules were that had been set by the Department of Defense at that point. We were going to do what was morally, ethically, and legally permissible.” Brant had ordered his task force members to “stand clear and report” any abusive tactics that they might witness.
Mora 'Rocked' - Brant is not disappointed in Mora’s reactions. A military official who works closely with Brant will later recall that the news “rocked” Mora. The official will add that Mora “was visionary about this,” adding, “He quickly grasped the fact that these techniques in the hands of people with this little training spelled disaster.” Brant asks if Mora wants to hear more about the situation; Mora will write in a 2004 memo (see July 7, 2004), “I responded that I felt I had to.”
Second Meeting - Brant meets with Mora the next day, and shows Mora part of the transcript of the [Mohamed al-Khatani] interrogations. Mora is shocked when Brant tells him that the abuse was not “rogue activity,” but apparently sanctioned by the highest levels in the Bush administration. Mora will write in his memo, “I was under the opinion that the interrogation activities described would be unlawful and unworthy of the military services.” Mora will recall in a 2006 interview: “I was appalled by the whole thing. It was clearly abusive, and it was clearly contrary to everything we were ever taught about American values.” Shocked, Mora will learn more from his counterpart in the Army (see December 18, 2002), and determine that the abusive practices need to be terminated.
Meeting with Pentagon Lawyer - He will bring his concerns to the Pentagon’s general counsel, William J. Haynes, and will leave that meeting hopeful that Haynes will put an end to the extreme measures being used at Guantanamo (see December 20, 2002). But when Mora returns from Christmas vacation, he will learn that Haynes has done nothing. Mora will continue to argue against the torture of detainees (see Early January, 2003). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]
The US military responds to recent media stories about the torture and abuse of suspected al-Qaeda detainees in Afghanistan by denying that any such treatment takes place. Recent articles in the Washington Post have claimed that detainees held at Bagram Air Force Base were subjected to “stress and duress” techniques (see December 26, 2002). These techniques include “stress positions,” where detainees are shackled or strapped into painful positions and kept there for hours, and sleep deprivation. US military spokesman Major Steve Clutter denies the allegations. “The article was false on several points, the first being that there is no CIA detention facility on Bagram; there is a facility run by the US Army,” he says (see October 2001). “However, there is absolutely no evidence to suggest that persons under control of the US Army have been mistreated. The United States Army is treating enemy combatants under government control, humanely, and in conditions that are generally better than they were experiencing before we placed them under our control” (see December 2001 and After, Late 2002, January 2002, March 15, 2002, April-May 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, November 30-December 3, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, and December 10, 2002). Clutter also denies that detainees have been subjected to “rendition”—being turned over to foreign governments who routinely torture prisoners. Instead, he says, most prisoners held at Bagram were released after being interrogated in a process overseen by the International Committee of the Red Cross. “I would like to point out that persons under US government control who come to Bagram are not automatically deemed to be terrorists or enemy combatants,” Clutter says. “When they arrive, they go through an interview process to determine whether they are enemy combatants or have information that can help us prevent terrorist attacks against Americans or attacks against US forces. If they are deemed to be enemy combatants or pose a danger, they become detainees. If they are not, they are ultimately released.” [Agence France-Presse, 12/29/2002]
Army investigators discover that 62 percent of its gas masks and 90 percent of its chem/bio detectors—which alert soldiers to the presence of chemical or biological toxins—are defective. Nevertheless, the Bush administration continues to prepare for war with Iraq, a country believed to have a large and dangerous stock of chemical and biological weapons. Tens of thousands of US soldiers will be issued defective chem/bio suits, many with holes or ripped seams. Retired Army Colonel David Hackworth will later recall: “When the Pentagon tried to trace down these bad suits, they couldn’t find them at all. So a trooper out in the… middle of a desert is putting on a suit, [and] he doesn’t know if he’s got a good one or a bad one. It’s, it’s kind of like Russian roulette.” [Carter, 2004, pp. 57]
After the US invades Iraq (see March 19, 2003), the US Department of Defense begins drastically curbing its oversight of private contractors providing logistical support to US troops, while at the same time ramping up its outsourcing of critical troop support jobs. The prime beneficiary of the Defense Department’s decisions is former Halliburton subsidiary KBR. While Army contracts will quadruple from $23.3 billion in 1992 to $100.6 billion in 2006, the Army halves its number of contract supervisors, from 10,000 in 1990 to 5,500 in 2007. As a result, fraud runs rampant (see October 2006 and Beyond). Subcontractor Christopher Cahill, whose company has spent a decade working under the LOGCAP logistics program, will say: “I think we downsized past the point of general competency. The point of a standing army is to have them equipped.” Cahill will serve 30 months in prison for fraud. A KBR spokeswoman will say, “Ethics and integrity are core values for KBR.”
Monitoring - Military auditors claim they closely monitor the various layers of KBR subcontractors who actually perform most of the LOGCAP work, but prosecutors will show that US-based auditors can manage reviews that are limited at best over the plethora of deals constantly being brokered between KBR and a host of multinational subcontractors. One of KBR’s Houston office buildings houses a 25-member team from the Defense Contract Audit Agency; in 2007 they will admit that they cannot perform any oversight because they have “no communications” with any “personnel on the ground” in Iraq or Kuwait.
Consequences - Without oversight, many KBR officials begin openly displaying and bragging about the Rolex watches, leather jackets, prostitutes, and other “perks” provided to them by Middle Eastern businessmen. “[T]he KBR guys weren’t shy about bragging about the fact that they were being treated to all that stuff,” according to Paul Morrell, whose firm the Event Source ran several mess halls as a KBR subcontractor. In return, subcontractors become indispensable to the logistical functioning of the Army, and throw their weight around. Former KBR subcontract manager Harry DeWolf will say that when subcontracts came up for renegotiation, the firms would say: “‘Fine, we’re going to pull out all of our people and equipment.’ They really had KBR and the government over the barrel.” [Chicago Tribune, 2/20/2008; Chicago Tribune, 2/21/2008]
Former Green Beret Robert Bevelacqua, a Fox News military analyst and a part of the Pentagon’s propaganda operation to promote the Iraq war (see April 20, 2008 and Early 2002 and Beyond), is, along with other analysts, briefed about Iraq’s purported stockpiles of weapons of mass destruction. When he asks his briefer about “smoking gun” proof, the briefer admits, “We don’t have any hard evidence.” Bevelacqua and the other analysts are alarmed by the concession. Another analyst, retired Army lieutenant colonel Robert Maginnis, who works in the Pentagon for a military contractor, is at the same briefing. Maginnis later confirms Bevelacqua’s recollection, saying that he felt “very disappointed” and that he and the other analysts were being “manipulated” to believe in weapons that were not proven to exist. Yet Bevelacqua, Maginnis, and other analysts are firm in their on-air insistence that these weapons do indeed exist. Bevelacqua has started a new defense contracting business, the wvc3 Group, and hopes to win lucrative government contracts. “There’s no way I was going to go down that road and get completely torn apart,” he will later say. “You’re talking about fighting a huge machine.” [New York Times, 4/20/2008]
Senior CIA analyst Paul Pillar produces a high-level report on the potential challenges US forces will experience in post-Hussein Iraq. Pillar’s paper argues that imposing democracy on Iraq will not be easy. He warns that the country may fracture along ethnic and religious lines and explode into violence. He also says that the US will not be able to finance reconstruction with Iraq’s oil revenue. The report is sent to the office of CIA Director George Tenet and forwarded to the White House and Pentagon. An administration official tells him that his paper is “too negative.” “You guys just don’t see the possibilities,” Pillar later recalls the official saying. [Isikoff and Corn, 2006, pp. 198]
Jay Garner. [Source: US Army]The Office of Reconstruction and Humanitarian Assistance (ORHA) is created by the Pentagon to direct the post-war administration of Iraq, and signed into existence by President Bush. Its head, retired Army General Jay Garner, ostensibly reports to Undersecretary of Defense Douglas Feith (see Fall 2002), but Garner will later say that once he is in Iraq proper, General Tommy Franks of the US Central Command (CENTCOM) “will be my boss.” ORHA is later renamed the Coalition Provisional Authority (CPA). David Kay, a senior fellow at the Potomac Institute for Policy Studies and a former UN weapons inspector, had initially been selected to head the office, but he declined the invitation. Associates of Kay tell the New York Times that Kay felt the new agency seemed relatively uninterested in the task of promoting democracy. [New York Times, 2/23/2003; New York Times, 4/2/2003; Roberts, 2008, pp. 126, 134] Garner is considered an excellent selection, having led the relief effort for the Kurds of northern Iraq after the 1991 Gulf War. But he faces an uphill battle, as ORHA’s functionality is plagued from the outset by a severe lack of time, uncertain funding, and incessant interdepartmental strife, particularly between the State and Defense Departments. Most ORHA workers will not have reported for duty by the time the invasion begins. And attempts to recruit experts from other agencies will be blocked by Feith and Defense Secretary Donald Rumsfeld, who impose strict ideological and bureaucratic restrictions on Garner’s selections for his staff. [Roberts, 2008, pp. 126, 134]
Robert G. Houdek, national intelligence officer for Africa, concludes in a memo that allegations about Iraq attempting to obtain uranium from Niger are baseless. [Washington Post, 4/9/2006] The National Intelligence Council, the entity that oversees the US’s 15 intelligence agencies, issues Houdek’s report, which states in part, “The Niger story [of Iraq attempting to purchase Nigerien uranium—see Between Late 2000 and September 11, 2001] was baseless and should be laid to rest.” The memo immediately goes to President Bush and his top officials. [Unger, 2007, pp. 269]
Alberto Mora, the Navy’s general counsel, meets for a second time with Pentagon general counsel William J. Haynes, who he had tried unsuccessfully to convince to join him in opposing the use of extreme interrogation methods at Guantanamo (see December 20, 2002). Mora will write in a June 2004 memo (see July 7, 2004) that when he tells Haynes how disappointed he is that nothing has been done to stop abuse at Guantanamo, Haynes retorts that “US officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the US and save American lives. Mora acknowledges that he can imagine any number of “ticking bomb” scenarios where it might be the proper, if not the legal, thing to torture suspects. But, he asks, how many lives must be saved to justify torture? Hundreds? Thousands? Where do we draw the line? Shouldn’t there be a public debate on the issue? Mora is doubtful that anyone at Guantanamo would be involved in such a scenario, since almost all of the Guantanamo detainees have been in custody for over a year. He also warns Haynes that the legal opinions the administration is using will probably not stand up in court. If that is the case, then US officials could face criminal charges. Secretary of Defense Donald Rumsfeld could find himself in court; the presidency itself could be damaged. “Protect your client!” he says. When Haynes relates Mora’s concerns to Rumsfeld, according to a former administration official, Rumsfeld responds with jokes about how gentle the interrogation techniques are. “Torture?” he asks rhetorically. “That’s not torture!” He himself stands for up to ten hours a day, he says, and prisoners are not allowed to stand for over four. The official will recall, “His attitude was, ‘What’s the big deal?’” Mora continues to push his arguments, but, as a former Pentagon colleague will recall: “people were beginning to roll their eyes. It was like, ‘Yeah, we’ve already heard this.’” [New Yorker, 2/27/2006]
The Navy’s general counsel, Alberto Mora, is angered at the lack of response to his attempts to persuade the Pentagon to stop abusing prisoners at Guantanamo and is particularly frustrated with the Pentagon’s general counsel, William J. Haynes (see December 20, 2002 and January 9, 2003 and After). Mora decides to take a step that he knows will antagonize Haynes, who always warns subordinates never to put anything controversial in writing or in e-mail messages. Mora delivers an unsigned draft memo of his objections to Haynes, and tells him that he intends to “sign it out” that afternoon—thereby making it an official document—unless the harsh interrogation techniques at Guantanamo stop. Mora’s memo describes the interrogations at Guantanamo as “at a minimum cruel and unusual treatment, and, at worst, torture.”
'Working Group to Be Created - Haynes calls Mora later that day with good news: Defense Secretary Donald Rumsfeld is suspending his authorization of the disputed interrogation techniques (see December 2, 2002) and is appointing a “working group” of lawyers from all branches of the armed forces to develop new interrogation guidelines. Mora will be a part of that working group. An elated Mora begins working with the group of lawyers to discuss the constitutionality and effectiveness of various interrogation techniques. In 2006, he will say that he felt “no one would ever learn about the best thing I’d ever done in my life.”
Mora Outmaneuvered - But Haynes has outmaneuvered Mora. A week later, Mora sees a lengthy classified document that negates every argument he has made. Haynes has already solicited a second, overarching opinion from John Yoo, a lawyer at the Justice Department’s Office of Legal Counsel, that supersedes Mora’s working group (see January 9, 2002). Mora is astonished (see January 23-Late January, 2003). He will later learn that the working group’s report will be forced to comply with Yoo’s legal reasoning. In fact, the group’s final report is never completed—though the draft report, which follows Yoo’s memo, is signed by Rumsfeld without Mora’s knowledge. [New Yorker, 2/27/2006] Mora later says that while Yoo’s memo displays a “seeming sophistication,” it is “profoundly in error,” contradicting both domestic law and international treaties. Mora and the other “dissident” members of the working group are led to believe that the report has been abandoned. [Savage, 2007, pp. 181] He will learn about Rumsfeld’s signature on the draft report while watching C-SPAN in mid-2004. [New Yorker, 2/27/2006; Savage, 2007, pp. 189]
Congress imposes some limitations on the Total Information Awareness program (see March 2002; November 9, 2002). Research and development of the program would have to halt within 90 days of enactment of the bill unless the Defense Department submits a detailed report about the program. The research can also continue if Bush certifies that the report cannot be provided. Congress also okays use of the program internationally, but it cannot be used inside the US unless Congress passes new legislation specifically authorizing such use. [New York Times, 1/24/2003; Los Angeles Times, 2/19/2003] However, a bill to completely stop the program has yet to pass. [Mercury News (San Jose), 1/17/2003; Los Angeles Times, 2/19/2003] Several days earlier, Senator Charles Grassley (R-IA) alleged that the Justice Department and FBI are more extensively exploring the use of the Total Information Awareness program than they have previously acknowledged. [Associated Press, 1/21/2003; Washington Post, 1/22/2003] Contracts worth tens of millions of dollars have been signed with private companies to develop pieces of the program. [Associated Press, 2/12/2003] Salon also reports that the program “has now advanced to the point where it’s much more than a mere ‘research project’.” [Salon, 1/29/2003]
The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). [New Yorker, 2/27/2006]
The US Army War College’s Strategic Studies Institute produces a report assessing the challenges the US will probably face in post-Hussein Iraq. According to the report:
“Ethnic, tribal, and religious schisms could produce civil war or fracture the state after Saddam is deposed.”
Iraq reconstruction will require “a considerable commitment of American resources.”
The “longer US presence is maintained, the more likely violent resistance will develop.”
Political parties will likely form along ethnic, tribal, and religious lines. Free elections among these parties may actually “increase divisions rather than mitigate them.”
Armed militias may emerge.
Islamic radicals could move in and conduct suicide bombings in an effort to turn Iraqis against the US occupation
Revenue from oil production will be insufficient to fund reconstruction.
The occupation force will find it “exceptionally challenging” to provide Iraqis with electricity, water, food, and security.
The paper lists 135 postinvasion tasks that the US would need to perform, including securing the borders, establishing local governments, protecting religious, historical, and cultural sites, establishing police systems, restoring and maintaining power systems, operating hospitals, reorganizing Iraq’s military and security forces, and disarming militia groups.
The reports says the US should not abolish the Iraqi army.
About a thousand copies of the report are distributed to various government officials and offices, including to members of Congress. While Central Command reportedly appreciates the report, there is no feedback from the Pentagon’s civilian leadership. [Strategic Studies Institute, 2/2003 ; Isikoff and Corn, 2006, pp. 197-198; Salon, 6/8/2006]
Victoria “Torie” Clark, the head of public relations for the Defense Department (see May 2001), develops the idea of embedding reporters with troops during the US invasion of Iraq. In a memo for the National Security Council, Clarke, with the approval of Defense Secretary Donald Rumsfeld, argues that allowing journalists to report from the battlefields and front lines will give Americans the chance to get the story, both “good or bad—before others seed the media with disinformation and distortions, as they most certainly will continue to do. Our people in the field need to tell our story. Only commanders can ensure the media get to the story alongside the troops. We must organize for and facilitate access of national and international media to our forces, including those forces engaged in ground operations.” [US Department of Defense, 2/2003 ; Bill Berkowitz, 5/10/2008]
Jerry Bruckheimer. [Source: Thomas Robinson / Getty Images / Forbes]ABC airs the first of a six-episode reality series entitled Profiles from the Front Line, which purports to document the war in Afghanistan from the soldiers’ point of view. It was conceived and produced with the extensive help and oversight of the Pentagon. [Chicago Tribune, 2/26/2003] Filming for the show began in May 2002. [Los Angeles Times, 2/6/2003] ABC executives say that the show will tell the “compelling personal stories of the US military men and women who bear the burden of the fighting” in Afghanistan. The series was quickly approved by Victoria Clarke, the head of the Pentagon’s public relations office (see Early 2002 and Beyond), and by Rear Admiral Craig Quigley, the public relations commander of US Central Command. Clarke and Quigley granted the series producers unprecedented access to the troops, technical advice, and even the use of aircraft carriers for filming. In return, the Pentagon received the right to review and approve all footage before airing (in the interests of national security, Pentagon officials said). [Rich, 2006, pp. 32-33] The Pentagon denies that it asked for any changes in the series’ broadcast footage. [Washington Post, 3/9/2003]
Producers Insist Show Not Propaganda, No Censorship from Pentagon - Though the show is widely considered to be tied in to the Bush administration’s push for war with Iraq (some question the fact that the show was shelved for months before suddenly being approved just as news of the impending invasion began hitting the news), series producer Bertram van Munster says he came up with the idea after 9/11. “We were all kind of numb, I certainly was extremely numb for two or three weeks,” he will recall. “And I said I’ve got to do something.” Van Munster and his co-producer, famed movie and television producer Jerry Bruckheimer (an acknowledged Bush supporter best known for his action-film blockbusters such as Top Gun, Black Hawk Down, and Pearl Harbor, as well as the CSI television series), put together a proposal that van Munster says does not necessarily support President Bush’s war plans. Instead, he says, the show is intended to personalize America’s fighting forces. “There’s nothing flag-waving about death. We have people getting killed on the show,” he says. “In many ways, I see this thing as much anti-war as it is a portrait of what these people are doing out there.” Bruckheimer insists that the Defense Department did not exercise any censorship whatsoever except in minor instances, such as the withholding of a Special Forces soldier’s last name. “They didn’t use any censorship whatsoever,” Bruckheimer says. “They were very cooperative.… They were very receptive to the concept of showing what US forces were doing in Afghanistan.” The show’s own film, shot on location in Afghanistan, is bolstered by Defense Department footage. [Los Angeles Times, 2/6/2003; Chicago Tribune, 2/26/2003; Washington Post, 3/9/2003; Progressive, 4/1/2003; Rich, 2006, pp. 32-33] The Progressive’s Andrea Lewis calls the show “reality television, war movie, documentary video, and military propaganda all rolled into one.” Other critics call it “a Pentagon infomercial.” Bruckheimer denies that the show is propaganda, but admits that he ensured the show would present the positive face of the military: “Put it this way. If I were to rent your apartment, I’m not going to trash it. It wouldn’t be right. So I’m not going to go and expose all their blemishes.” [Progressive, 4/1/2003; Television Week, 7/14/2003]
Documentary or Reality TV? - Chicago Tribune reviewer Allan Johnson writes of the first episode: “Stirring orchestral music and editing, framing and [quick] pacing… succeed in instilling enough patriotic feelings so that Bush should give the producers a cheer. Which raises the question of whether such advocacy is appropriate in these sensitive times.” The first episode provides what Johnson calls a reflection of standard reality-show characters: the serious-minded father figure (a captain who commands 150 soldiers from the 82nd Airborne Division); a gung-ho aircraft mechanic who tells the camera that the terrorists “had better be ready for some payback, and it’s going to continue until we end it;” a roguish Special Forces sergeant who says his job is to “find and kill all al-Qaeda;” the stockbroker-turned-soldier whose wife weeps uncontrollably as he leaves for Afghanistan; and others. One soldier says with a smile, “I couldn’t think of any place I’d rather be than right here doing my job, knowing I’m doing my part to keep America free.” Lewis calls the soldiers who are profiled for the series “good looking, articulate, and enthusiastic about what they’re doing… archetypes of characters you’d expect to see in a big-budget Bruckheimer film.” Answering the question of whether the show is reality television or straight documentary, Bruckheimer says, “I think it’s a little bit of both.” Van Munster adds: “I think documentary and reality are actually brother and sister. And it’s also cinema verite.” [Chicago Tribune, 2/26/2003; Progressive, 4/1/2003] Others disagree. “It raises all sorts of questions, which are exacerbated by the entertainment factor,” says Robert Lichter, president of the Center for Media and Public Affairs. “One check on war news becoming propaganda is the professionalism of journalists, which will be ostentatiously lacking.… Documentaries are inherently more informative than entertainment. ‘Reality’ programming turns the tables.” [Los Angeles Times, 2/6/2003]
Journalists Shocked at Wide Access Enjoyed by Show's Producers, Camera Teams - Many war correspondents are shocked at the level of access, and the amount of cooperation, between the Pentagon and ABC, especially considering the difficulties they routinely encounter in getting near any battlefields. Even a complaint from ABC News regarding the show’s broad access as contrasted to the restrictions forced upon their reporters is rejected by ABC’s parent company, Disney. “There’s a lot of other ways to convey information to the American people than through news organizations,” Quigley says. [Rich, 2006, pp. 32-33] Lewis writes: “During the months when Profiles was filmed, ‘real’ journalists weren’t allowed anywhere near the front lines, and news organizations had to survive on a limited diet of highly coordinated military briefings. Meanwhile, Profiles camera crews were given nearly unlimited access to US soldiers in Afghanistan.” CBS anchor Dan Rather says: “I’m outraged by the Hollywoodization of the military. The Pentagon would rather make troops available as props in gung-ho videos than explain how the commanders let Osama bin Laden and al-Qaeda leaders escape or target the wrong villages.” [Progressive, 4/1/2003]
Show Used to 'Train' Pentagon for Embedding Journalists in Iraq - The Pentagon’s project officer for the series, Vince Ogilvie, later says that the interactions of the Profiles film crews and military personnel provided “a prelude to the process of embedding” media representatives in military units for war coverage in Iraq. The series had a number of different crews in different military units over its shooting schedule, Ogilvie will say: “Though they were not reporting on a daily basis, they were with the unit—living with the unit and reporting on what different individuals or units were involved in. With each passing day, week, month came a better understanding.” [Washington Post, 3/9/2003]
Show Not Renewed - The show will do extremely poorly in the ratings, and after its six-episode run is completed, it will not be renewed. [Rich, 2006, pp. 32-33] Van Munster will become involved in a shadowy Pentagon-driven project to document the Iraq occupation, of which little will be known. A Cato Institute official will say of that project: “This administration is fighting a PR battle over weapons of mass destruction and whether we’re getting bogged down in a quagmire. So maybe they want to frame their own message and own history about their time in Iraq.” [Television Week, 7/14/2003]
Entity Tags: American Broadcasting Corporation, Allan Johnson, Andrea Lewis, Cato Institute, Bush administration (43), Craig Quigley, Bertram van Munster, Robert Lichter, Jerry Bruckheimer, Dan Rather, Vince Ogilvie, Victoria (“Torie”) Clarke, US Department of Defense
Timeline Tags: Domestic Propaganda, War in Afghanistan
The Pentagon ensures that Marines are sent into combat with pamphlets from an evangelical group titled “A Christian’s Duty in Time of War.” The pamphlet requests that the soldiers pray for George W. Bush, and provides tear-out forms for soldiers to fill in and mail certifying that they have, indeed, prayed for the president. [Carter, 2004, pp. 58-61]
Of the 35,000 Iraqis detained at one point or another by US forces, only about 1,300 are ever charged with a crime and only half of those are found guilty. The British Liberal Democrat party, which obtained the numbers from US Central Command, argues that the detentions are only serving to fuel the insurgency by creating discontent among the civilian population. [Guardian, 11/15/2005]
In its 2004 budget proposal, the US Defense Department asks US Congress to lift the 1992 “Spratt-Furse restriction,“a 10-year ban on developing small nuclear warheads known as “mini-nukes.” Buried deep within the proposal, is a single line statement that calls on Congress to “rescind the prohibition on research and development of low-yield nuclear weapons.” [Guardian, 3/7/2003; USA Today, 7/6/2003]
A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]
Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes
Timeline Tags: Torture of US Captives, Civil Liberties
General Jay Garner, the head of the Office of Reconstruction and Humanitarian Assistance (ORHA—see January 2003), admits to reporters, “We started very slowly” in preparing for handling the reconstruction of post-Saddam Iraq. [Roberts, 2008, pp. 126]
Garner Knew Problems Would Arise - Garner will later say: “When I went to see [Defense Secretary] Rumsfeld at the end of January , I said, OK, I’ll do this for the next few months for you. I said, you know, Let me tell you something, Mr. Secretary. George Marshall started in 1942 working on a 1945 problem. You’re starting in February working on what’s probably a March or April problem. And he said, I know, but we have to do the best with the time that we have. So that kind of frames everything.”
'Never Recovered' - Sir Jeremy Greenstock, currently Britain’s special representative to Iraq, will add: “The administration of Iraq never recovered [from the failure to plan]. It was a vacuum in security that became irremediable, at least until the surge of 2007. And to that extent, four years were not only wasted but allowed to take on the most terrible cost because of that lack of planning, lack of resources put in on the ground. And I see that lack of planning as residing in the responsibility of the Pentagon, which had taken charge, the office of the secretary of defense, with the authority of the vice president and the president, obviously, standing over that department of government.” [Vanity Fair, 2/2009]
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 (DOJ), Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
After the US Department of Defense publishes several reports linking al-Qaeda to Iraq, CIA Director George Tenet orders CIA researchers and analysts—who have maintained that there are no such links—to go through all the agency’s records on Iraq and al-Qaeda and search for evidence of the alleged relationship. CIA researcher Michael Scheuer leads the effort, which combs through about 19,000 documents going back nine or 10 years. Scheuer will later say, “there was no connection between [al-Qaeda] and Saddam. There were indications that al-Qaeda people had transited Iraq, probably with the Iraqis turning a blind eye to it. There were some hints that there was a contact between the head of the intelligence service of the Iraqis with bin Laden when he was in the Sudan, but nothing you could put together and say, ‘Here is a relationship that is similar to the relationship between Iran and Lebanese Hezbollah,’ which was what Doug Feith’s organization was claiming. There was simply nothing to support that.” [Australian Broadcasting Corporation, 11/24/2004; PBS Frontline, 6/20/2006; PBS Frontline, 6/20/2006 Sources: Michael Scheuer]
US broadcast and cable news outlets begin covering the first US strikes against Iraqi targets (see March 19, 2003 and March 19-20, 2003), but, as author and media critic Frank Rich will later note, their coverage often lacks accuracy. News broadcasts report “a decapitation strike” (see March 20, 2003) that lead US viewers to believe for hours that Saddam Hussein has been killed. CNN’s title card for its strike coverage reads, “Zero Hour for Iraq Arrives”; during its initial coverage, CNN features New York Times reporter Judith Miller, who credits “a slew of information from defectors” and other “intelligence sources”—those who had provided the foundation for Secretary of State Colin Powell’s “impressive speech to the United Nations” (see February 5, 2003)—with the imminent discovery and destruction of Iraq’s WMD stockpiles. “One person in Washington told me that the list could total more than 1,400 of those sites,” Miller says. Pentagon PR chief Victoria Clarke, who had created both the Pentagon’s “embed program” of reporters going into battle with selected military units (see February 2003) and the “military analysts” program of sending carefully selected retired flag officers to the press and television news programs to give the administration’s views of the war (see Early 2002 and Beyond), has overseen the construction of a briefing room for press conferences from US CENTCOM headquarters in Qatar: the $200,000 facility was designed by a production designer who had worked for, among others, Disney, MGM, and illusionist David Blaine. Clarke and the Pentagon marketing officials succeed in having their term to describe the initial assault, “shock and awe,” promulgated throughout the broadcast and cable coverage. (Fox and MSNBC will soon oblige the Pentagon by changing the name of their Iraqi coverage programming to the official administration name for the invasion, “Operation Iraqi Freedom.”) During the assault, as Rich will later write, “the pyrotechnics of Shock and Awe looked like a distant fireworks display, or perhaps the cool computer graphics of a Matrix-inspired video game, rather than the bombing of a large city. None of Baghdad’s nearly six million people were visible.” Pentagon spokesman Kenneth Bacon later says, “If you had hired actors [instead of the network news anchors], you could not have gotten better coverage.” [Rich, 2006, pp. 73-75]
US forces fire more than 40 Tomahawk missiles at the Dora Farms compound on the Tigris River, where intelligence intercepts have indicated that Saddam Hussein may be holed up in an underground bunker. The Tomahawks are accompanied by “bunker-buster” bombs from F-117 Stealth fighters. The strike is an attempt to “decapitate” Iraq’s military and government by killing the dictator in the first hours of the assault (see March 19, 2003). The missile barrage destroys all of the building in the compound except the main palace. Unfortunately for the US military planners, Hussein is not at the compound; later intelligence learns that Hussein has not been at the Dora Farms complex since 1995. Hussein is at a safe house in Baghdad, watching the international television coverage of the strike and drafting a message to the Iraqi people. Hussein will remain in Baghdad for weeks, moving from safe house to safe house; though American forces will strike at numerous targets in Baghdad, none will come close to Hussein’s locations. [CBS News, 5/28/2003; New York Times, 3/12/2006; Unger, 2007, pp. 295]
A study by George Washington University’s School of Media and Public Affairs examines the 600 hours of war coverage by the nation’s broadcast news organizations between the coverage of the first strikes (see March 19, 2003) and the fall of Baghdad (see April 9, 2003). The study shows that of the 1,710 stories broadcast, only 13.5 percent show any images of dead or wounded civilians or soldiers, either Iraqi or American. The study says that television news coverage “did not differ discernibly” from the heavily sanitized, Pentagon-controlled coverage of the 1991 Gulf War (see August 11, 1990 and January 3, 1991). “A war with hundreds of coalition and tens of thousands of Iraqi casualties” is transformed on US television screens “into something closer to a defense contractor’s training video: a lot of action, but no consequences, as if shells simply disappeared into the air and an invisible enemy magically ceased to exist.” A similar study by Columbia University’s Project for Excellence in Journalism finds that “none of the embedded stories (see February 2003 and March-April 2003) studied showed footage of people, either US soldiers or Iraqis, being struck, injured, or killed by weapons fired.” In fact, only 20 percent of the stories by embedded journalists show anyone else besides the journalist.
Focus on Anchors - Author and media critic Frank Rich will later write: “The conveying of actual news often seemed subsidiary to the networks’ mission to out-flag-wave one another and to make their own personnel, rather than the war’s antagonists, the leading players in the drama.… TV viewers were on more intimate terms with [CNN anchor] Aaron Brown’s and [Fox News anchor] Shep Smith’s perceptions of the war than with the collective thoughts of all those soon-to-be-liberated ‘Iraqi people’ whom the anchors kept apothesizing. Iraqis were the best seen-but-not-heard dress extras in the drama, alternately pictured as sobbing, snarling, waving, and cheering.”
Fox News - Rich will say that Fox News is the most egregious of the lot, reporting what he mockingly calls “all victory all the time.” During the time period analyzed, one Fox anchor says, “[O]bjectively speaking [it is] hard to believe things could go more successfully.” Another Fox anchor reports “extraordinary news, the city of Basra under control” even as that city is sliding into guerrilla warfare and outright anarchy. Neoconservative Fred Barnes, one of Fox’s regular commentators, calls the competition “weenies” for actually reporting US casualties. [Rich, 2006, pp. 78]
The United States admits to using Mark 77 firebombs, an incendiary weapon that has virtually the same effect as napalm (see 1942), in Iraq. The weapon is so similar in fact that troops commonly refer to it as napalm. [CNN, 3/21/2003; Sydney Morning Herald, 3/22/2003] In August 2003, Marine Colonel Mark Daly will confirm that Mark 77 bombs were dropped by Marine jets around the Kuwait-Iraq border at the start of the war. A senior Pentagon official confirms that the bombs have “similar destructive characteristics” to napalm. Early reports of “napalm” being used in an attack on Iraqi troops at Safwan Hill, near the Kuwait border, by an Australian journalist were denied by US officials, who claimed that the military destroyed its last batch of napalm in April 2001. However, only the Vietnam-era Napalm-B was actually destroyed. [Sunday Mirror, 8/10/2003] According to Marine Colonel Randolph Alles, “The generals love napalm—it has a big psychological effect.” [San Diego Union-Tribune, 8/5/2003] A Pentagon official says: “It is like this: you’ve got an enemy that’s hard to get at. And it will save your own lives to use it.” The Mark 77 is loaded with 44 pounds of gelling compound and 63 gallons of jet fuel. The use of incendiary weapons on civilian populations is banned by Protocol III of the Convention on Certain Conventional Weapons (see October 10, 1980-December 2, 1983), which also restricts the use of these weapons against military targets that are located within a concentration of civilians. The UN’s ban, passed in 1980, has never been signed by the US. [Sunday Mirror, 8/10/2003]
A photo of a slain US soldier as broadcast on Al Jazeera. [Source: Al Jazeera / TheWE (.cc)]With the first broadcast of graphic, disturbing images from the Iraq war on Al Jazeera television news shows, the media coverage of the US strike begins turning away from what media critic Frank Rich will later call “cheerleading” (see March 19-20, 2003) to a more somber assessment of the events taking place in Iraq. Defense Secretary Donald Rumsfeld, appearing on CBS’s Face the Nation, is embarrassed when host Bob Schieffer shows part of an Al Jazeera film clip of US troops being killed. (The Pentagon is also denying media reports that around ten US soldiers were either captured or missing. The juxtaposition is inopportune for Rumsfeld and the “shock and awe” story he and the Defense Department wish to tell.) The Pentagon will quickly decide that for the US media to show such images violates “the principles of the Geneva Conventions” and attempt to stop them from being shown in the American press. The Pentagon’s proscription of such images being published and broadcast is only partially successful. ABC news anchor Charles Gibson engages in an on-air discussion of the propriety of airing such images with reporter Ted Koppel. Gibson says to broadcast such disturbing images would be “simply disrespectful,” a point with which Koppel, embedded with the Third Infantry Division, disagrees. The news media is “ginning up patriotic feelings” in covering the war, Koppel says: “I feel that we do have an obligation to remind people in the most graphic way that war is a dreadful thing.… The fact of the matter is young Americans are dying. Young Iraqis are dying. And I think to turn our faces away from that is a mistake.… To sanitize it too much is a dreadful mistake.” However, Koppel’s is not a popular argument. CNN decided at the onset of the war to minimize its broadcast of graphic imagery in deference to “the sensibilities of our viewers.” The other US television news outlets make similar decisions, leaving it to the BBC and other non-American news organizations to show what Rich calls “the savagery and blood of warfare.” Ex-Marine Anthony Swofford, who wrote the bestseller Jarhead about his experiences during the 1991 Gulf War, later says the television coverage is so sanitized that he quickly shut off his TV “and stayed with the print.… [T]he actual experience of combat doesn’t make it to the other side of the screen.” [Rich, 2006, pp. 76]
Bernard Trainor. [Source: PBS]The New York Times examines the influence of retired military officers in influencing public opinion on the invasion of Iraq. Reporter John Cushman, Jr writes that “a whole constellation of retired one-, two-, three- and four-star generals—including many who led the recent wars in Afghanistan, Kosovo, and the Persian Gulf—can be seen night and day across the television firmament, navigation aids for viewers lost in a narrative that can be foggier than war itself.” All of the news broadcasters, including cable news outlets CNN, MSNBC, and Fox News, and the commercial networks’ news shows on ABC, CBS, and NBC rely on retired military officers to explain to their viewers what is happening in Iraq. Cushman acknowledges the “deep perspective” that the retired officers bring to the war coverage, particularly those who led the same units now on the ground, or at least “commanded, trained, or shared barracks and beers with the current commanders.” Retired Marine General Gregory Newbold recently told an ABC News audience, “If things haven’t gone exactly according to script, they’ve gone according to plan.” Newbold helped draw up the plans for the invasion as director of operations for the Joint Chiefs of Staff.
Questions Raised - How much do the military analysts actually know? Cushman asks, and are they giving out more information than they should? Many of the analysts receive what Cushman calls “occasional briefings from the Pentagon” (he is apparently unaware of the Pentagon’s propaganda operation involving these selfsame analysts—see April 20, 2008 and Early 2002 and Beyond), and garner much of their information from public sources and from their friends and former colleagues in the military. Cushman goes on to observe that almost all of the analysts have “evident sympathies with the current commanders”; between those sympathies and their “immersion in [military] doctrines,” their objectivity is in doubt—or as Cushman delicately phrases it, their experience and bias “sometimes seem to immunize them to the self-imposed skepticism of the news organizations that now employ them.” After conducting “a detailed review of their recent remarks,” Cushman says that it is a rarity when an analyst criticizes the conduct of the war. “Instead, they tend gravely to point out the timeless risks of combat.” One sharp exception is from retired Army General Wesley Clark, the former supreme commander of NATO, who recently questioned whether the military had committed enough troops on the ground. More typical is recent remarks by retired Army General Wayne Downing, a commander in the 1991 Gulf War. Downing lavished praise on the invasion’s supreme commander, General Tommy Franks. Cushman notes that Downing “rattl[ed] off the story of his old comrade’s career as if by rote.”
Technical Details Vs. Analysis - The retired officers do “reasonably well” in explaining what Cushman calls “the nuts and bolts of an operation, the technical details of weapons, the decisions facing American and British commanders.” Their speculations about what the Iraqis might be doing and thinking are more problematic. One analyst, retired Marine General Bernard Trainor, almost seemed to invite chemical or biological retaliation from the Iraqis when he told an MSNBC audience: “If he moves, we kill him; if he stays put, we kill him. And regardless of what they’re told to do over the network, whatever is left of the command and control, unless it comes down to using chemical weapons, then the rest of it is just ancillary. If this is going to be the communication of red telephone, if you will, to tell people to launch chemical weapons—and we’re reaching that point in the operation—if they’re going to use their stuff, they’d better start thinking about it, because pretty soon we’re in downtown Baghdad.” Clark, considered the most polished and urbane of the analysts, takes a different tack, and notes repeatedly that the analysts are careful not to give away details of current operations and thus endanger American troops. All of the analysts, Cushman writes, “emphasize the gravity of what the military is up to in Iraq.” As Clark told an audience, “It’s not entertainment.” [New York Times, 3/25/2003]
Entity Tags: MSNBC, Fox News, CNN, CBS News, Bernard Trainor, ABC News, Gregory Newbold, Joint Chiefs of Staff, Thomas Franks, US Department of Defense, Wayne Downing, Wesley Clark, NBC, New York Times, John Cushman, Jr
Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda
President Bush signs Executive Order 13292 into effect. Innocuously titled “Further Amendment to Executive Order 12958,” and virtually ignored by the press, the order gives the vice president the power to unilaterally classify and declassify intelligence, a power heretofore reserved exclusively for the president. The order is an unprecedented expansion of the power of the vice president. Author Craig Unger will explain: “Since Cheney had scores of loyalists throughout the Pentagon, the State Department, and the National Security Council who reported to him, in operational terms, he was the man in charge of foreign policy. If Cheney wanted to keep something secret, he could classify it. If he wanted to leak information, or disinformation, to the New York Times or Washington Post, he could declassify it.” Moreover, Unger will write, the order grants “a measure of legitimacy to Cheney’s previous machinations with the national security apparatus, and in doing so it consolidate[s] the totality of his victories.” Combine the order with the disabled peer review procedures in the intelligence community, the banning of dissenting voices from critical policy deliberations and intelligence briefings, and the subversion of the National Intelligence Estimate on Iraq (see October 1, 2002), and the nation has, Unger will write, an effective vice presidential coup over the nation’s intelligence apparatus. Cheney, Defense Secretary Rumsfeld, and the administration neoconservatives now effectively run that apparatus. [White House, 3/25/2003; Unger, 2007, pp. 298-299]
According to multiple sources, the Defense Department’s head of intelligence, Stephen Cambone, dispatches a quasi-military team to Iraq in the weeks after the invasion. Cambone’s “off-the-books” team, consisting of four or five men, operates under the auspices of Defense Department official Douglas Feith and the Office of Special Plans (OSP—see September 2002). The team is tasked to secure the following, in order of priority: downed Navy pilot Scott Speicher, Iraq’s WMD stockpiles, and Saddam Hussein. The sources, who speak to reporter Larisa Alexandrovna in 2006 on the condition of anonymity, include three US intelligence sources and a person with close ties to the United Nations Security Council. Speicher, classified as “killed in action” (KIA) after being shot down in 1991 during Operation Desert Storm, was touted by Iraqi National Congress leader Ahmed Chalabi (see 1992-1996, November 6-8, 2001, December 20, 2001, and February 2002) as alive and held as a prisoner of war as part of Chalabi’s push for the US invasion of Iraq. Chalabi also told Bush administration officials of enormous stockpiles of chemical and biological WMD throughout Iraq (see Summer 2002, Fall 2002, and Early 2003). Cambone’s team operates outside the auspices of other officially sanctioned groups such as Task Force 20 and other units operating in Iraq before the invasion itself, though the team may be comprised of TF20 personnel. The team is not tasked with actually finding and destroying any WMD stockpiles so much as it is ordered to find such a stockpile and thereby solve what the UN Security Council source calls the administration’s “political WMD” problem. “They come in the summer of 2003, bringing in Iraqis, interviewing them,” the UN source later says. “Then they start talking about WMD and they say to [these Iraqi intelligence officers] that ‘Our president is in trouble. He went to war saying there are WMD and there are no WMD. What can we do? Can you help us?’” [Raw Story, 1/5/2006]
An unnamed intelligence source tells reporter Thomas Ricks of the Washington Post, Defense Secretary Donald “Rumsfeld is in a death fight with [CIA Director George Tenet] to get control” of intelligence programs. Undersecretary of Defense for Intelligence Stephen Cambone has reportedly created a single office overseeing the organization, planning, and execution of military intelligence missions. Cambone also oversees assets, including one program called “Gray Fox.” This is said to be a secret intelligence organization that specializes in large-scale “deep penetration” missions overseas. It is said to specialize in tapping communications and laying the groundwork for overt military operations. The Post reports that Rumsfeld appears to be winning the turf battle. [Washington Post, 4/20/2003, pp. A01]
Still photo from Defense Department video of Lynch’s rescue. [Source: Associated Press]US Special Operations forces rescue captured Private Jessica Lynch from Saddam Hussein Hospital hospital near Nasiriyah (see March 23, 2003). According to the Pentagon, the rescue is a classic Special Forces raid, with US commandos in Black Hawk helicopters blasting their way through Iraqi resistance in and out of the medical compound. [Baltimore Sun, 11/11/2003] The Associated Press’s initial report is quite guarded, saying only that Lynch had been rescued. An Army spokesman “did not know whether Lynch had been wounded or when she might return to the United States.” [Project for Excellence in Journalism, 6/23/2003]
'Shooting Going In ... Shooting Going Out' - Subsequent accounts are far more detailed (see April 3, 2003). Military officials say that the rescue was mounted after securing intelligence from CIA operatives. A Special Forces unit of Navy SEALs, Army Rangers, and Air Force combat controllers “touched down in blacked-out conditions,” according to the Washington Post. Cover is provided by an AC-130 gunship circling overhead; a reconnaissance aircraft films the events of the rescue. One military official briefed on the operation says: “There was shooting going in, there was some shooting going out. It was not intensive. There was no shooting in the building, but it was hairy, because no one knew what to expect. When they got inside, I don’t think there was any resistance. It was fairly abandoned.” [Washington Post, 4/3/2003] CENTCOM spokesman General Vincent Brooks says he is not yet sure who Lynch’s captors were, but notes: “Clearly the regime had done this. It was regime forces that had been in there. Indications are they were paramilitaries, but we don’t know exactly who. They’d apparently moved most of them out before we arrived to get in, although, as I mentioned, there were buildings outside of the Saddam Hospital, where we received fire—or the assault force received fire—during the night.” [New York Times, 4/2/2003]
'Prototype Torture Chamber' - According to a military official, the Special Forces soldiers find what he calls a “prototype” Iraqi torture chamber in the hospital’s basement, equipped with batteries and metal prods. US Marines are patrolling Nasiriyah to engage whatever Iraqi forces may still be in the area. [Washington Post, 4/3/2003]
Secretive Intelligence Sources - CENTCOM officials refuse to discuss the intelligence that led them to Lynch and the 11 bodies. One official says, “We may need to use those intelligence sources and collection methods again.” [New York Times, 4/2/2003]
Pentagon's Story Almost Entirely Fictitious - Reporters are given a detailed briefing about the rescue, as well as copies of a video of the rescue shot by the soldiers as they performed the mission (see April 1, 2003). Subsequent interviews with Iraqi hospital staffers and nearby residents show that almost every aspect of the Pentagon’s story is fabrication (see May 4, 2003, May 23, 2003, May 25, 2003, and June 17, 2003).
General Vincent Brooks briefing reporters, with a photograph of Jessica Lynch displayed in the background. [Source: Reuters / Corbis]Brigadier General Vincent Brooks, at US CENTCOM headquarters in Qatar, shows reporters a video clip of the rescue of Private Jessica Lynch (see April 1, 2003), filmed with night-vision lenses. The clip shows Lynch on a stretcher and being rushed to a helicopter. Brooks says that before the raid, the hospital was apparently doubling as a military command post for Iraqi forces. [Washington Post, 4/3/2003] “We were successful in that operation last night and did retrieve Pfc. Jessica Lynch, bringing her away from that location of danger, clearing the building of some of the military activity that was in there.” Brooks says. “There was not a fire-fight inside the building I will tell you, but there were fire-fights outside of the building getting in and getting out. There were no coalition casualties as a result of this and in the destruction that occurred inside of the building, particularly in the basement area where the operations centers had been, we found ammunition, mortars, maps, a terrain model, and other things that make it very clear that it was being used as a military command post. The nature of the operation was a coalition special operation that involved Army Rangers, Air Force pilots and combat controllers, US Marines and Navy Seals. It was a classical joint operation done by some of our nation’s finest warriors, who are dedicated to never leaving a comrade behind.” [Editor & Publisher, 7/14/2008]
Reporters Given Video - Within hours, reporters are given a slickly produced five-minute edited version of the video of Lynch’s rescue, edited by a Defense Department production crew. Author and media critic Frank Rich later calls it “an action-packed montage of the guns-blazing Special Operations raid to rescue Lynch, bathed in the iridescent green glow of night-vision photography.” The video vies with a still photo of a barely conscious Lynch lying on a stretcher, with an American flag on her chest, for the most-broadcast image of the day. [Rich, 2006, pp. 80-82] (In a tragic corollary to the video of Lynch’s rescue, the father of James Kiehl, a fellow soldier killed in the March 23 assault, was unable to find his son in the video footage. He will eventually find a shot of his son, dead and laid out behind the hospital, in a picture on the Al Jazeera Web site. The Defense Department videographers had left footage of Kiehl on the cutting room floor.) [Rich, 2006, pp. 80-82; Huffington Post, 3/19/2006]
Some Reporters Dubious - CNN’s veteran war correspondent, Tom Mintier, later says, “I was a bit upset that [the Pentagon] spent so much time giving us all the minute-by-minute, this happened, that happened, she said this, we said that… and on a day when you have forces going into Baghdad, it wasn’t part of the briefing. Seems like there is an effort to manage the news in an unmanageable situation. They tried it in the first Gulf War, this time it was supposed to be different.” [Rich, 2006, pp. 80-82]
Pentagon's Story Almost Entirely Fictitious - Subsequent interviews with Iraqi hospital staffers and nearby residents show that almost every aspect of the Pentagon’s story is fabrication (see May 4, 2003, May 23, 2003, May 25, 2003, and June 17, 2003).
Author Rajiv Chandrasekaran, holding a copy of his 2006 book, ‘Imperial Life in the Emerald City.’ [Source: Daylife (.com)]Americans who want to work for the Coalition Provisional Authority (CPA) in the so-called “Green Zone,” the fenced-off area of Baghdad also called “Little America” and the hub of US governmental and corporate activities, are routed through Jim O’Beirne, a political functionary in the Pentagon whose wife is prominent conservative columnist Kate O’Beirne.
Focus on Ideology, Not Experience or Expertise - O’Beirne is less interested in an applicant’s expertise in Middle Eastern affairs or in post-conflict resolution than he is in an applicant’s loyalty to the Bush administration. Some of the questions asked by his staff to applicants: Did you vote for George W. Bush in 2000? Do you support the way the president is fighting the war on terror? According to author Rajiv Chandrasekaran, two applicants were even grilled about their views on abortion and Roe v. Wade (see January 22, 1973). While such questions about political beliefs are technically illegal, O’Beirne uses an obscure provision in federal law to hire most staffers as “temporary political appointees,” thus allowing him and his staff to skirt employment regulations that prohibit such questioning. The few Democrats who are hired are Foreign Service employees or active-duty soldiers, and thus protected from being questioned about their politics.
Unskilled Applicants - The applicants chosen by O’Beirne and his staff often lack the most fundamental skills and experience. The applicant chosen to reopen Baghdad’s stock exchange is a 24-year old with no experience in finance, but who had submitted an impressively loyalist White House job application (see April 2003 and After). The person brought in to revamp Iraq’s health care system is chosen for his work with a faith-based relief agency (see April 2003 and After). The man chosen to retool Iraq’s police forces is a “hero of 9/11” who completely ignores his main task in favor of taking part in midnight raids on supposed criminal hangouts in and around Baghdad (see May 2003 - July 2003). And the manager of Iraq’s $13 billion budget is the daughter of a prominent neoconservative commentator who has no accounting experience, but graduated from a favored evangelical university for home-schooled children.
Selection Process - O’Beirne seeks resumes from the offices of Republican congressmen, conservative think tanks, and Republican activists. He thoroughly weeds out resumes from anyone he deems ideologically suspect, even if those applicants speak Arabic or Farsi, or possess useful postwar rebuilding experience. Frederick Smith, currently the deputy director of the CPA, will later recall O’Beirne pointing to one young man’s resume and pronouncing him “an ideal candidate.” The applicant’s only real qualification is his job working for the Republican Party in Florida during the 2000 presidential recount.
Comment by Employee - A CPA employee writes a friend about the recruitment process: “I watched resumes of immensely talented individuals who had sought out CPA to help the country thrown in the trash because their adherence to ‘the president’s vision for Iraq’ (a frequently heard phrase at CPA) was ‘uncertain.’ I saw senior civil servants from agencies like Treasury, Energy… and Commerce denied advisory positions in Baghdad that were instead handed to prominent RNC (Republican National Committee) contributors.”
Result: Little Reconstruction, Billions Wasted or Disappeared - In 2006, Chandrasekaran will write: “The decision to send the loyal and the willing instead of the best and the brightest is now regarded by many people involved in the 3 1/2-year effort to stabilize and rebuild Iraq as one of the Bush administration’s gravest errors. Many of those selected because of their political fidelity spent their time trying to impose a conservative agenda on the postwar occupation, which sidetracked more important reconstruction efforts and squandered goodwill among the Iraqi people, according to many people who participated in the reconstruction effort.” Smith will later say: “We didn’t tap—and it should have started from the White House on down—just didn’t tap the right people to do this job. It was a tough, tough job. Instead we got people who went out there because of their political leanings.” The conservative ideologues in the CPA will squander much of the $18 billion in US taxpayer dollars allocated for reconstruction, some on pet projects that suit their conservative agenda but do nothing for Iraqi society, and some never to be traced at all. “Many of the basic tasks Americans struggle to accomplish today in Iraq—training the army, vetting the police, increasing electricity generation—could have been performed far more effectively in 2003 by the CPA,” Chandrasekaran will write.
Projects - Instead of helping rebuild Iraq—and perhaps heading off the incipient insurgency—CPA ideologues will spend billions on, among other things, rewriting Iraqi tax law to incorporate the so-called “flat tax,” selling off billions of dollars’ worth of government assets, terminating food ration distribution, and other programs.
Life in Green Zone - Most spend almost all of their time “cloistered” in the Green Zone, never interacting with real Iraqi society, where they create what Chandrasekaran later calls “a campaign war room” environment. “Bush-Cheney 2004” stickers, T-shirts, and office desk furnishings are prominently displayed. “I’m not here for the Iraqis,” one staffer tells a reporter. “I’m here for George Bush.” Gordon Robison, then an employee in the Strategic Communications office, will later recall opening a package from his mother containing a book by liberal economist Paul Krugman. The reaction among his colleagues is striking. “It was like I had just unwrapped a radioactive brick,” he will recall. [Washington Post, 9/17/2006]
Army Private Jessica Lynch, rescued from an Iraqi hospital by US Special Operations forces (see April 1, 2003), arrives at a US military hospital in Landestul, Germany. Military officials describe her as in “stable” condition, with multiple broken limbs and multiple gunshot and stab wounds. Pentagon spokeswoman Victoria Clarke tells reporters that Lynch is “in good spirits and being treated for injuries.” Another military officer tells reporters that she is conscious and was able to communicate with her rescuers, but “she was pretty messed up.” Lynch has spoken with her parents by telephone, who describe her as in good spirits, but hungry and in pain. [Washington Post, 4/3/2003] The New York Times reports that Lynch suffered from gunshot wounds: “Details of what happened to Private Lynch were scarce. An Army official said Tuesday night that Private Lynch had been shot multiple times. The official said that it had not been determined whether she was shot during the rescue attempt or before it.” The Associated Press reports, “Officials who spoke on condition of anonymity said she was suffering from broken legs, a broken arm, and at least one gunshot wound.” [Project for Excellence in Journalism, 6/23/2003] It is later determined that Lynch was not, in fact, shot (see April 15, 2003).
The House and Senate Appropriations Committees both vote to take control of Iraq’s reconstruction away from the Pentagon and give it to the State Department. Both committees vote to give the State Department and other agencies authority over the $2.5 billion in post-invasion aid sought for the Pentagon by the Bush administration. “The secretary of state is the appropriate manager of foreign assistance,” says House committee member James Kolbe (R-AZ). “Bottom line: reconstruction is a civilian role.” [New York Times, 4/2/2003]
As the initial media exuberance over the “shock and awe” assault on Iraq (see March 19-20, 2003) begins to fade, questions begin to mount about the plans for rebuilding Iraq after the invasion and inevitable toppling of the Saddam Hussein regime. Bush administration officials had assumed that military operations would end in 30 days, according to White House briefings. Some senior administration officials admit to the New York Times that that assumption now seems “overly optimistic.” As reported by David Sanger, those officials “say that the American military will likely need to retain tight control over the country for longer than they anticipated.” But administration officials insist that they remain committed to giving over control of the country to the newly liberated Iraqis very soon. “The Iraqi people will administer Iraq,” says White House press secretary Ari Fleischer, adding that President Bush is as committed to that goal now as he was before the war began. However, some military officials now admit that the Iraqi resistance is far stiffer than had been anticipated, and the reception of American occupiers by the Iraqi people has been far less welcoming than US planners foresaw. The White House says that initial plans for an “Iraqi Interim Authority” as the genesis of a new Iraqi government have been put on hold until Baghdad can be secured and the remnants of the Hussein regime can be eliminated. Similarly, plans to turn over power to local Iraqi governance have also been delayed indefinitely, until cities like Basra can be purged of guerrilla resistance. “There were many of us who hoped to be creating a new government even before Iraq was fully under coalition control,” says one senior official. The White House intended to demonstrate quickly that “this is a liberation, not an occupation.” Now, “[t]hat may not be possible for some weeks.” To make matters more difficult, turf wars between the State Department and the Pentagon are inhibiting efforts to implement post-invasion plans, with Defense Department officials such as Douglas Feith blocking the hiring of outside experts for General Jay Garner’s reconstruction team (see January 2003). State officials say that Feith and other Pentagon ideologues want to place “like-minded former officials who have strong views about what a new Iraq should look like” in those slots, a charge which the Pentagon denies. [New York Times, 4/2/2003]
A barely conscious Lynch lies on a stretcher. An American flag is draped over her chest. This will become one of the iconic photos of the Lynch saga. [Source: Reuters / Corbis]The Washington Post prints a story purporting to detail the trials and tribulations of Private Jessica Lynch, captured in a recent ambush by Iraqi fighters (see March 23, 2003). The Post headline: “She Was Fighting to the Death.” According to the story, Lynch fought valiantly to defend her injured and killed comrades, herself killing several of her attackers and suffering repeated gunshot and stab wounds. [Washington Post, 4/3/2003; Baltimore Sun, 11/11/2003]
'Talk about Spunk!' - According to the tale, provided to Post reporters by unnamed US officials, Lynch continued firing until she ran out of ammunition, and even after suffering “multiple gunshot wounds.” An official says: “She was fighting to the death. She did not want to be taken alive.” One military official, senior military spokesman Captain Frank Thorp, tells reporters from the Military Times that Lynch “waged quite a battle prior to her capture. We do have very strong indications that Jessica Lynch was not captured very easily. Reports are that she fired her [M-16 rifle] until she had no more ammunition.” (This is not true, but Thorp will later deny that any deliberate deception occurred—see April 2007 and March 18, 2008.) Senator Pat Roberts (R-KS) is fulsome with his praise of Lynch after being briefed by Pentagon officials: “Talk about spunk! She just persevered. It takes that and a tremendous faith that your country is going to come and get you.” Initial reports indicated that she had been stabbed to death at the scene, but those reports were incorrect. Officials warn that “the precise sequence of events is still being determined, and that further information will emerge as Lynch is debriefed.” Pentagon officials say they have heard “rumors” of Lynch’s heroism, but as yet have no confirmation from either Lynch or other survivors. Eleven bodies were found at the hospital during her rescue; at least some of those bodies are believed to be those of US servicemen. Seven soldiers from Lynch’s 507th Ordnance Maintenance Company are still listed as missing in action; five others were captured after the attack. Iraqi broadcasts have shown video footage of the five, along with pictures of at least four US soldiers killed during the attack. Because of debriefing and counseling, it may be some time before Lynch is reunited with her family in West Virginia. [Washington Post, 4/3/2003; US News and World Report, 3/18/2008; Editor & Publisher, 7/14/2008] Other media stories add to the Post’s account. The New York Daily News reports: “Jessica was being tortured. That was the urgent word from an Iraqi man who alerted American troops where to find Pfc. Jessica Lynch—and her injuries seem to bear out the allegation.… Her broken bones are a telltale sign of torture, said Amy Waters Yarsinske, a former Navy intelligence officer and an expert on POW and MIA treatment. ‘It’s awfully hard to break both legs and an arm in a truck accident,’ Yarsinske said.” The Daily News is almost certainly referring to Mohammed Odeh al-Rehaief, the Iraqi who told US forces about Lynch being at an Iraqi hospital (see June 17, 2003). The Los Angeles Times reports Lynch was “flown to a US military hospital at Ramstein Air Base in Germany, where she was reported to be in stable condition, recovering from injuries said to include broken legs, a broken arm and at least one gunshot wound.” [Project for Excellence in Journalism, 6/23/2003]
Discrepancies in Story - An Iraqi pharmacist who was at the hospital during Lynch’s captivity says as far as he knew, Lynch only suffered leg wounds. He recalls her crying about wanting to go home. “She said every time, about wanting to go home,” the pharmacist recalls. “She knew that the American Army and the British were on the other side of the [Euphrates] river in Nasiriyah city.… She said, ‘Maybe this minute the American Army [will] come and get me.’” [Washington Post, 4/3/2003]
Story Almost Pure Fiction - According to subsequent investigations by reporters, the Pentagon tale as reported by the Post is almost pure fiction (see May 4, 2003 and June 17, 2003). Author and media critic Frank Rich will later write that at this point in the narrative, “Jessica Lynch herself, unable to speak, was reduced to a mere pawn, an innocent bystander in the production of her own big-budget action-packed biopic.” [Rich, 2006, pp. 82]
In a report, the Pentagon working group (see January 15, 2003) recommends the adoption of 35 interrogation techniques. Twenty-six of them are recommended for use in interrogations of all unlawful combatants held outside the US. The remaining nine are considered “exceptional” and recommended for use only on unlawful combatants suspected of holding “critical intelligence.” The advice is clearly not for the public eye. “Should information regarding the use of more aggressive interrogation techniques than have been used traditionally by US forces become public,” the panel warns in its report, “it is likely to be exaggerated or distorted in the US and international media accounts, and may produce an adverse effect on support for the war on terrorism.” [MSNBC, 6/23/2004]
A US military vehicle pulls down a statue of Saddam Hussein in front of a small crowd. [Source: Fox News] (click image to enlarge)The government of Saddam Hussein collapses as US troops take control of Baghdad. To mark the occasion, a statue of the former dictator in downtown Baghdad’s Firdos Square is pulled down, seemingly by a group of average Iraqi citizens and US soldiers. [Associated Press, 4/9/2003] The celebration is later revealed by the Los Angeles Times to be a psychological operation managed by US forces and not Iraqi citizens. [Los Angeles Times, 7/3/2004] The entire event is a carefully staged photo op. The tightly cropped pictures sent out by the Pentagon, and subsequently broadcast and published around the world, show what appears to be a large crowd of celebrating Iraqis. However, aerial photos show that the square is nearly empty except for a small knot of people gathered in front of the statue. The square itself is surrounded by US tanks. And there is some question as to the authenticity of the celebrating Iraqis. Al-Jazeera producer Samir Khader later says that the Americans “brought with them some people—supposedly Iraqis cheering. These people were not Iraqis. I lived in Iraq, I was born there, I was raised there. I can recognize an Iraqi accent.” [Unger, 2007, pp. 302] Fox News anchors assure viewers that images of the toppling statue are sure to persuade the Arab world to see America as a liberator. Correspondent Simon Marks, reporting from Amman, Jordan, reports that “the Arab street” is angry, and it will take careful diplomacy to convince the majority of Arabs that this is not “an American war of occupation.” In response, Fox anchor David Asman, a former Wall Street Journal editorial writer, says, “There’s a certain ridiculousness to that point of view!” [New Yorker, 5/26/2003]
The priceless Warka Vase, looted from the National Museum and later returned. [Source: Art Daily (.com)]In a press briefing, Defense Secretary Donald Rumsfeld dismisses the wave of looting and vandalism throughout much of Iraq (see April 9, 2003 and After April 9, 2003) with the comment, “Stuff happens.” The looting is “part of the price” for freedom and democracy, he says, and blames “pent-up feelings” from years of oppression under the rule of Saddam Hussein. He goes on to note that the looting is not as bad as some television and newspaper reports are trying to make it out to be (see Late April-Early May, 2003 and May 20, 2003). “Freedom’s untidy, and free people are free to make mistakes and commit crimes and do bad things,” he tells reporters. “They’re also free to live their lives and do wonderful things. And that’s what’s going to happen here.” General Richard Myers, chairman of the Joint Chiefs of Staff, who is with Rumsfeld at the press briefing, agrees. “This is a transition period between war and what we hope will be a much more peaceful time,” he says. CNN describes Rumsfeld as “irritated by questions about the looting.” Rumsfeld says that the images of Iraqi citizens ransacking buildings gives “a fundamental misunderstanding” of what is happening in Iraq. “Very often the pictures are pictures of people going into the symbols of the regime, into the palaces, into the boats and into the Ba’ath Party headquarters and into the places that have been part of that repression,” he explains. “And while no one condones looting, on the other hand one can understand the pent-up feelings that may result from decades of repression and people who’ve had members of their family killed by that regime, for them to be taking their feelings out on that regime.” [US Department of Defense, 4/11/2003; CNN, 4/12/2003]
Accuses the Media of Exaggeration - Rumsfeld accuses the media of exaggerating the violence and unrest throughout the country: “I picked up a newspaper today and I couldn’t believe it. I read eight headlines that talked about chaos, violence, unrest. And it just was Henny Penny—‘The sky is falling.’ I’ve never seen anything like it! And here is a country that’s being liberated, here are people who are going from being repressed and held under the thumb of a vicious dictator, and they’re free. It’s just unbelievable how people can take that away from what is happening in that country! Do I think those words are unrepresentative? Yes.” [US Department of Defense, 4/11/2003] “Let me say one other thing,” he adds. “The images you are seeing on television you are seeing over, and over, and over, and it’s the same picture of some person walking out of some building with a vase, and you see it 20 times, and you think: ‘My goodness, were there that many vases? Is it possible that there were that many vases in the whole country?’” [Huffington Post, 4/11/2009]
'Looting, Lawlessness, and Chaos on the Streets of Iraq' - The next day, Toronto Star columnist Antonia Zerbiasias reports: “All day long, all over the dial, the visuals revealed looting, lawlessness, and chaos on the streets of Iraq. Nothing was off-limits, not stores, not homes, not embassies, certainly not Saddam Hussein’s palaces nor government buildings and, most disgustingly, not even hospitals.” She is “astonished” at Rumsfeld’s words, and observes that “the only free anything the Iraqis are going to get in the next little while is going to be whatever they can ‘liberate’ from electronics shops. Maybe Rumsfeld’s marketing people can come up with a slogan for that.” [Toronto Star, 4/12/2003]
Archaelogists Outraged at Rumsfeld's Remarks - Historians and archaeologists around the world are outraged at Rumsfeld’s remarks. Jane Waldbaum, the president of the Archaeological Institute of America, says her agency warned the US government about possible looting as far back as January 2003. She says she is as horrified by Rumsfeld’s cavalier attitude towards the looting as she is with the looting itself. “Donald Rumsfeld in his speech basically shrugged and said: ‘Boys will be boys. What’s a little looting?’” she says. “Freedom is messy, but freedom doesn’t mean you have the freedom to commit crimes. This loss is almost immeasurable.” [Salon, 4/17/2003]
Failure to Protect Hospitals, Museums - Four days after Rumsfeld makes his remarks, progressive columnist John Nichols notes that had a Democratic or liberal government official made such remarks, Republicans and conservatives would be “call[ing] for the head” of that official. Nichols notes what Rumsfeld failed to: that looters stripped hospitals, government buildings, and museums to the bare walls. He also asks why US soldiers did not stop the looting, quoting the deputy director of the Iraqi National Museum, Nabhal Amin, as saying: “The Americans were supposed to protect the museum. If they had just one tank and two soldiers nothing like this would have happened.” Nichols notes the irony in the selection of the Oil Ministry as the only government building afforded US protection. He concludes: “When US and allied troops took charge of the great cities of Europe during World War II, they proudly defended museums and other cultural institutions. They could have done the same in Baghdad. And they would have, had a signal come from the Pentagon. But the boss at the Pentagon, Donald Rumsfeld, who had promised to teach the Iraqi people how to live in freedom, was too busy explaining that rioting and looting are what free people are free to do.” [Nation, 4/15/2003]
Fired for Confronting Rumsfeld over Remark - Kenneth Adelman, a neoconservative member of the Defense Policy Board (DPB) who before the war said that the invasion of Iraq would be a “cakewalk” (see February 13, 2002), later confronts Rumsfeld over the “stuff happens” remark. In return, according to Adelman’s later recollection, Rumsfeld will ask him to resign from the DPB, calling him “negative.” Adelman will retort: “I am negative, Don. You’re absolutely right. I’m not negative about our friendship. But I think your decisions have been abysmal when it really counted. Start out with, you know, when you stood up there and said things—‘Stuff happens.‘… That’s your entry in Bartlett’s [Famous Quotations]. The only thing people will remember about you is ‘Stuff happens.’ I mean, how could you say that? ‘This is what free people do.’ This is not what free people do. This is what barbarians do.… Do you realize what the looting did to us? It legitimized the idea that liberation comes with chaos rather than with freedom and a better life. And it demystified the potency of American forces. Plus, destroying, what, 30 percent of the infrastructure.” Adelman will recall: “I said, ‘You have 140,000 troops there, and they didn’t do jack sh_t.’ I said, ‘There was no order to stop the looting.’ And he says, ‘There was an order.’ I said, ‘Well, did you give the order?’ He says, ‘I didn’t give the order, but someone around here gave the order.’ I said, ‘Who gave the order?’ So he takes out his yellow pad of paper and he writes down—he says, ‘I’m going to tell you. I’ll get back to you and tell you.’ And I said, ‘I’d like to know who gave the order, and write down the second question on your yellow pad there. Tell me why 140,000 US troops in Iraq disobeyed the order. Write that down, too.’ And so that was not a successful conversation.” [Vanity Fair, 2/2009]
Defense Secretary Donald Rumsfeld, pleased with the propaganda effort of his assistant Victoria Clarke and her use of retired military officers as media analysts to boost the administration’s case for war with Iraq (see Early 2002 and Beyond), sends a memo to Clarke suggesting that the Pentagon continue the propaganda effort after the war has run its course. He writes, “Let’s think about having some of the folks who did such a good job as talking heads in after this thing is over.” As the occupation lasts through the summer and the first signs of the insurgency emerge, the Pentagon quickly counters with its military analysts to reassure the American populace that everything is going well in Iraq (see Summer 2003). [New York Times, 4/20/2008]
US military Central Command (CENTCOM) commander General Tommy Franks issues an order formally recognizing the creation of the Coalition Provisional Authority (CPA - see January 2003), an ad hoc, improvised organization to be headed by former diplomat and business executive L. Paul Bremer. A 2006 report by the Special Inspector General for Iraq Reconstruction will call the CPA the “de facto government of Iraq.” But for all its power, its legal status will remain unclear throughout its existence. A 2005 Congressional report will note: “Whether the CPA was a federal agency was unclear. Competing explanations for how it was established contribute to the uncertainty.… Some executive branch documents supported the notion that it was created by the president, possibly as a result of a National Security Presidential Directive. This document, if it exists, has not been made available.” Whether the legal ambiguity is deliberate is unclear, but it will be exploited. The Defense Department will not allow federal auditors to investigate CPA spending because, the department says, it is not a federal agency. Contractors are warned that if the CPA breaks contracts, they might not have recourse in federal courts. Employees who suspect contractor fraud are told they cannot pursue any possible criminal actions under American law. [Roberts, 2008, pp. 127]
The Pentagon sends three chemical and biological weapons experts to Iraq to examine a suspicious looking trailer recently discovered by US troops (see May 9, 2003). With the help of British experts, the team reportedly determines that the trailer is a mobile biological weapons factory. [New York Times, 5/21/2003]
CNN chief news executive Eason Jordan reveals on the air that he had secured the Defense Department’s approval of which “independent military analysts” (see April 20, 2008 and Early 2002 and Beyond) to give commentary on the invasion of Iraq. In 2000, Jordan vehemently denied that the Pentagon had any influence on the network’s choice of military analysts (see March 24, 2000). Jordan says: “I went to the Pentagon myself several times before the war started and met with important people there and said, for instance—‘At CNN, here are the generals we’re thinking of retaining to advise us on the air and off about the war’—and we got a big thumbs-up on all of them. That was important.” [CommonDreams (.org), 8/16/2007]
New York Times reporter Judith Miller speaks about her reporting on PBS. [Source: PBS]New York Times reporter Judith Miller, embedded with the Army’s 101st Airborne Division south of Baghdad, writes that Iraq destroyed large stockpiles of chemical and biological weapons in the days before the March 2003 invasion.
Single Unidentified 'Scientist' as Source - Miller’s source is identified as an Iraqi scientist who claims to have worked in Iraq’s chemical weapons program for over a decade; this scientist is said to have told an American military team hunting for unconventional weapons in Iraq, the Mobile Exploitation Team Alpha, or MET Alpha (see April-May 2003), of the stockpiles. According to MET Alpha, the scientist has taken the team to a supply of material he buried in his backyard—“precursors for a toxic agent”—as evidence of Iraq’s illicit weapons programs. The scientist also claims that Iraq sent unconventional weapons and technology to Syria, and has been cooperating with al-Qaeda. In the last years of the Hussein regime, Miller reports the scientist as claiming, Iraq “focused its efforts… on research and development projects that are virtually impervious to detection by international inspectors, and even American forces on the ground combing through Iraq’s giant weapons plants.” MET Alpha refuses to identify the scientist, saying to do so would imperil his safety, and does not take Miller to see the scientist’s buried supply of materials. According to Miller, the team describes the scientist’s assertions and his cache of materials as “the most important discovery to date in the hunt for illegal weapons.” Moreover, Miller writes that the discovery “supports the Bush administration’s charges that Iraq continued to develop those weapons and lied to the United Nations about it. Finding and destroying illegal weapons was a major justification for the war.”
Military Controlled, Vetted Report - Miller admits to not interviewing the scientist, not being permitted to write about the scientist for three days, and having her report vetted by military officials before submitting it for publication. She says that portions of her report detailing the chemicals located by the MET Alpha team were deleted, again for fear that such reporting might place the scientist in jeopardy. Neither Pentagon officials in Washington nor CENTCOM officials in Qatar will verify that the scientist is actually working with American forces. Miller’s only contact with the scientist is viewing him “from a distance at the sites where he said that material from the arms program was buried,” where he wore a baseball cap and pointed at spots in the sand where he claimed chemical weapons materials were buried.
'Incalculable Value' - Miller quotes the commander of the 101st Airborne, Major General David Petraeus, as calling the potential of MET Alpha’s work “enormous.” Petraeus adds: “What they’ve discovered could prove to be of incalculable value. Though much work must still be done to validate the information MET Alpha has uncovered, if it proves out it will clearly be one of the major discoveries of this operation, and it may be the major discovery.” [New York Times, 4/21/2003] The day after her report is published, Miller will tell a PBS interviewer: “I think they found something more than a smoking gun.… What they’ve found is… a silver bullet in the form of a person, an Iraqi individual, a scientist, as we’ve called him, who really worked on the programs, who knows them firsthand, and who has led MET Alpha people to some pretty startling conclusions.” Asked if the report will confirm “the insistence coming from the US government that after the war, various Iraqi tongues would loosen, and there might be people who would be willing to help,” Miller responds: “Yes, it clearly does.… That’s what the Bush administration has finally done. They have changed the political environment, and they’ve enabled people like the scientists that MET Alpha has found to come forth.” [American Journalism Review, 8/2003; Huffington Post, 1/30/2007]
Report Almost Entirely Wrong - Miller’s reporting will be proven to be almost entirely wrong. Neither Miller nor MET Alpha will ever produce any tangible evidence of the scientist’s claims, including the so-called “evidence” he claims he buried in his backyard. And, Miller will later admit, the “scientist” was actually a former Iraqi military intelligence officer with no connection to Iraq’s WMD programs (see July 25, 2003). [Slate, 7/25/2003] Other reporters, such as the Washington Post’s Barton Gellman and the Associated Press’s Dafna Linzer, report that teams such as MET Alpha have found nothing of use. Linzer will soon report that nothing the Iraqi scientist claims can be verified. And Miller will admit that much of the information she has published in the Times has come from Iraqi National Congress head Ahmed Chalabi (see May 1, 2003), a known fabricator (see 1992-1996, (1994), November 6-8, 2001, Summer 2002, Early 2003, and July 9, 2004). Miller will continue to insist that her reporting is accurate. [American Journalism Review, 8/2003]
Retired General Jay Garner and his Office of Reconstruction and Humanitarian Assistance staff arrive in Baghdad. They set up camp in a former presidential palace in the Qasr Al Fao compound that will serve as the temporary headquarters of ORHA (soon to be renamed the “Coalition Provisional Authority”). [Washington Post, 4/22/2003] Created by the Pentagon in January (see January 2003), ORHA has spent the last several weeks at a Hilton resort in Kuwait going over plans for administering post-invasion Iraq. Garner’s staff includes a mix of Pentagon and State Department personnel, including former and current US ambassadors, USAID bureaucrats, State Department officials, and British officials. Garner’s team is also comprised of a cadre of Paul Wolfowitz protégés referred to as the “true believers” or “Wolfie’s” people, whom the New York Times reports are “thought to be particularly fervent about trying to remake Iraq as a beacon of democracy and a country with a tilt toward Israel.” The Times also notes: “Few of these people are Iraqi experts. But some have come armed with books and articles on the history of Iraq. The chapters on the mistakes of British rule are well underlined.” [New York Times, 4/2/2003] Not only have Garner and his agency already lost critical time in getting underway, the Bush administration has no intention of allowing Garner to be part of ORHA’s reconstruction project. Both Defense Secretary Donald Rumsfeld and the State Department, in a rare instance of agreement, want Garner replaced: the State Department wants a civilian to head the agency, while Rumsfeld not only wants to replace Garner with a more politically influential head (see May 11, 2003), he wants to fold ORHA into another organization being created “on the fly,” the aforementioned Coalition Provisional Authority. Three days after arriving in Baghdad, Garner is informed of the changes. The news quickly leaks to the press, resulting in Garner losing what little influence he had with Washington’s civilians and causing uncertainty about upcoming reconstruction efforts. [Roberts, 2008, pp. 126-127]
London Times reporter Richard Lloyd Perry, who has covered the Jessica Lynch story from the outset (see April 1, 2003 and June 17, 2003), explains why he believes the Pentagon seized upon inaccurate and false reports of Lynch’s actions during and after her convoy was ambushed and she was captured (see April 3, 2003). In a radio interview, Perry says that the fabricated story about Lynch “came at a stage in the war when [the US military was] a bit short of good news to put out. And I remember at the time that clearly a lot of thought and preparation had gone into this—this presentation. You know the story was told from the point of view of the rescuing forces. There was very little mention made of any—any of the Iraqis in the hospital or both on the Iraqi side. And it was portrayed as a—a very dangerous mission carried out to save this, you know, this young rather attractive young woman. And it was clearly a PR coup at the time. But [Lynch’s rescue] wasn’t like that. As far as I can remember, no one at the time really questioned the Pentagon account that had been put out. And because there was fighting still going on, it was difficult at that point to get to the other side. But it struck me as interesting and significant that these doctors had their own story to tell” (see April 15, 2003). [Democracy Now!, 7/23/2003]
Beginning in late April 2003, when the first civilian cargo planes begin arriving in Baghdad (see Late April 2003), through at least 2007, Victor Bout front companies fly supplies into Iraq for the US military. Bout is the world’s biggest arms dealer, with links to the Taliban, al-Qaeda, and other militant and rebel groups around the world. The United Nations has banned all business dealings with his companies since before 9/11. Around October 2003, the CIA apparently learns that Bout’s planes have been flying into Iraq, but this warning does not lead to any action to stop such flights. [Farah and Braun, 2007, pp. 232]
Bout Flights Exposed by Media - Starting in May 2004, various newspapers occasionally report on how Bout front companies are supplying the US military. Some actions are eventually taken against him. For instance, on July 22, 2004, President Bush signs an executive order declaring Bout a “specially designated person,” permanently freezes his assets, and bans all US business with his companies. [Farah and Braun, 2007, pp. 225, 237]
Continued Collaboration - But the US military continues to hire Bout’s companies for Iraq supply flights. One Bout front company alone is estimated to make about 1,000 flights into US controlled air bases in Iraq by the end of 2004. [Farah and Braun, 2007, pp. 225] A Pentagon spokesman will later confirm that the US military gave at least 500,000 gallons of free airplane fuel to Bout’s pilots. US government contractors pay Bout-controlled companies roughly $60 million to fly supplies into Iraq. [ABC News, 3/6/2008] Journalist Stephen Braun will later claim, “The US military insisted they had no responsibility for Bout’s hiring, because, as [Deputy Defense Secretary] Paul Wolfowitz said, he was a ‘second-tier contractor’-in other words, hired by, say, [Kellogg, Brown, and Root] or FedEx, not directly by the Army or the Marines. But there were other reports of direct contracts. [The Defense Department] made no effort to put Bout on a no-fly list early on, and made only perfunctory follow-up efforts to find out the backgrounds of the companies flying for them.” [Harper's, 7/26/2007]
Bout Flights Continue - In early 2006, it will be reported, “The New Republic has learned that the Defense Department has largely turned a blind eye to Bout’s activities and has continued to supply him with contracts, in violation of [Bush’s] executive order and despite the fact that other, more legitimate air carriers are available.” [New Republic, 1/12/2006] In 2008, Douglas Farah, who co-wrote a 2007 book with Braun about Bout, will tell ABC News that Bout may have worked on behalf of the US government as recently as 2007. [ABC News, 3/6/2008]
Outrage - Gayle Smith of the National Security Council will comment in 2007: “It’s an obscenity. It’s contrary to a smart war on terror. Even if you needed a cut-out (to transport supplies) why would you go to the one on the bottom of the pile, with the most blood on his hands? Because he worked fastest and cheapest? What’s the trade-off? Where’s the morality there?” National Security Council adviser Lee Wolosky, who led a US effort to apprehend Bout before 9/11, will similarly complain, “It befuddles the mind that the Pentagon would continue to work with an organization that both the Clinton and Bush White Houses actively fought to dismantle.” [Farah and Braun, 2007, pp. 237]
Theories - Some officials and experts believe the US military is simply being incompetent by repeatedly hiring Bout. Others suggest there was some kind of secret deal. For instance, one senior Belgian Foreign Ministry official involved in efforts to try to arrest Bout comments: “Not only does Bout have the protection of the US government, he now works for them as well. It’s incredible, amazing. It has to be the only reason why he is still around and free.” [Farah and Braun, 2007, pp. 224-225] In 2006, Bout’s companies will supply weapons to Hezbollah in Lebanon (see July 2006) and an al-Qaeda linked militant group in Somalia (see Late July 2006). Bout will finally be arrested by US agents in Thailand in March 2008 (see March 6, 2008).
Receive weekly email updates summarizing what contributors have added to the History Commons database
Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.