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US Attorney General John Mitchell predicts, “This country is going so far to the right you are not even going to recognize it.” [Hunt, 9/1/2009, pp. 7]

Entity Tags: John Mitchell

Category Tags: Other

Director of the Federal Emergency Management Agency Louis O. Giuffrida announces he will step down from his position on September 1. The announcement comes a day before a subcommittee is scheduled to officially approve a report detailing waste, fraud, and abuse at the nation’s disaster agency (see July 25, 1985). Giuffrida is singled out in the report for improperly using agency funds and committing possible perjury, although he says his resignation is unrelated to the subcommittee’s investigation. [Associated Press, 7/26/1985]

Entity Tags: Federal Emergency Management Agency, Louis Giuffrida

Category Tags: Other

The House Science and Technology Subcommittee on Investigations, chaired by Tennessee Democrat Al Gore, officially approves a report detailing numerous instances of waste, fraud, and abuse at the Federal Emergency Management Agency (FEMA). The 18-month subcommittee investigation finds mismanagement at the highest levels of the agency. The report describes improper awarding of no-bid contracts, the use of agency funds to build luxurious living quarters for FEMA officials, acceptance of gifts by officials from contractors, and questionable payments to contractors. It states that FEMA Director Louis O. Giuffida has used agency funds to pay for first class plane tickets for his wife’s travel. The former third highest-ranking official at FEMA, Fred J. Villella, is accused of using government expenses to upgrade a chapel for his daughter’s wedding. The report says the Triton Corporation, a FEMA contracted company, gave Giuffrida, Villella, and their wives tickets to a $250-a-plate fundraiser held by a private club with ties to the Republican Party. It highlights conflicts in the sworn statements given to the subcommittee by Giuffrida and other agency officials, and recommends the Justice Department review their testimony for possible perjury. [Associated Press, 10/24/1984; Associated Press, 7/26/1985]

Entity Tags: Triton Corporation, Louis Giuffrida, House Science and Technology Subcommittee, Fred J. Villella, Albert Arnold (“Al”) Gore, Jr., Federal Emergency Management Agency

Category Tags: Other

George W. Bush taking the oath of office.George W. Bush taking the oath of office. [Source: White House/ Wally McNamara]George W. Bush is inaugurated as president, replacing President Bill Clinton. Bush is sworn in after a tumultuous, sharply disputed election that ended with a US Supreme Court decision in his favor (see 9:54 p.m. December 12, 2000). He takes the oath of office on the same Bible his father, George H.W. Bush, used in his own 1989 inauguration; the oath is administered by Chief Justice William Rehnquist. In his brief inaugural address, delivered outside the US Capitol, Bush asks Americans to “a commitment to principle with a concern for civility.… Civility is not a tactic or a sentiment. It is the determined choice of trust over cynicism, of community over chaos.” In words apparently chosen to reflect on the criticisms surrounding former President Clinton and his notorious affair with White House intern Monica Lewinsky, Bush says, “I will live and lead by these principles—to advance my convictions with civility, to pursue the public interest with courage, to speak for greater justice and compassion, to call for responsibility, and try to live it as well.” He continues addressing the American people, saying: “I ask you to be citizens. Citizens, not spectators. Citizens, not subjects. Responsible citizens, building communities of service and a nation of character.” At a post-ceremonial luncheon, Bush issues a series of executive orders, some designed to block or roll back several Clinton-era regulations. He also acknowledges that because of the election turmoil, many Americans believe “we can’t get anything done… nothing will happen, except for finger-pointing and name-calling and bitterness.” He then says: “I’m here to tell the country that things will get done. Republicans and Democrats will come together to do what’s right for America.” [New York Times, 1/21/2001]
Thousands of Protesters - Thousands of protesters line the streets during Bush’s ceremonial drive to the Capitol, a fact not heavily reported by many press outlets. Salon reports, “Not since Richard Nixon paraded down Pennsylvania Avenue in 1973 has a presidential inauguration drawn so many protesters—and last time, people were out to protest the Vietnam War.” Though Capitol Police refuse to estimate the size of the crowd lining the street, Salon reports that “many thousands of protesters were in evidence.” Liz Butler of the Justice Action Movement, the umbrella organization that helped coordinate the protests, says: “The level of people on the streets shows that people are really upset about lack of democratic process. They took it to the streets. We saw tens of thousands. We saw far more protesting Bush than supporting him.” Some of the people on the streets are Bush supporters, but many more are not, and carry signs such as “Bush Cheated,” “Hail to the Thief,” “Bush—Racism,” “Bushwhacked by the Supremes,” and others. The crowd, though outspoken in its protests and unrestrained in its heckling of Bush and Vice President Dick Cheney, is generally peaceful, and no serious violence is reported, though a few minor altercations do take place, and large contingents of police in riot gear—including personnel from every police department in the District of Columbia as well as the Bureau of Alcohol, Tobacco and Firearms and from departments in Maryland and Virginia—are on hand. At least one protester throws an egg at the limousine transporting Bush, Cheney, and their families to the inaugural ceremonies; perhaps in response to the protests, Bush breaks with tradition laid down by earlier presidents and does not walk any large portion of the parade route. Nine people are arrested for disorderly conduct, most for allegedly throwing bottles and other debris. Bulter says: “Of course, we’re ashamed that Bush has decided to be a ‘uniter’ by uniting people against him. They all chose to come out in the freezing rain—even the weather couldn’t stop these people.” Protester Mary Anne Cummings tells a reporter: “I think it’s important to remind the incoming administration the country does not want a right-wing mandate. They did not vote for a right-wing mandate.” [Salon, 1/20/2001; CNN, 1/20/2001; New York Times, 1/21/2001] Thousands of protesters march in San Francisco, Los Angeles, and other cities as well. [CNN, 1/20/2001]

White House counsel Alberto Gonzales contacts John Carlin, archivist of the United States, and asks him to step down, but does not provide reasons for the request. “The administration would like to appoint a new archivist,” Gonzales reportedly says. No reason is given, even after Carlin asks why he should leave. Some critics will suggest that Carlin’s removal is connected to President Bush’s Executive Order 13233 limiting access to presidential records. The records of former President George H. W. Bush, the father of the current president, were due to be released in January 2005. Incoming archivist Allen Weinstein will later note that he met with the director of presidential personnel, Dina Powell, on September 23, 2003, and was asked to submit investigative forms to the White House and the FBI in November and December. Weinstein will also note that although he professed distaste for President Bush’s executive order, he “would feel obliged to defend the order against a lawsuit by the American Historical Association seeking to overturn it.” [Washington Post, 6/26/2004]

Entity Tags: John William Carlin, Allen Weinstein, Dina Powell, Alberto R. Gonzales

Category Tags: Other

Porter Goss.Porter Goss. [Source: CIA]Porter Goss becomes the new CIA director, replacing George Tenet (John McLaughlin served as interim director for a few months after Tenet’s sudden resignation—see June 3, 2004). Goss was a CIA field agent, then a Republican representative and co-chair of the 2002 9/11 Congressional Inquiry. [Knight Ridder, 10/25/2004]
Ignored Pakistan, ISI during 9/11 Investigations - He took part in secret meetings with Pakistani ISI Director Mahmood Ahmed before 9/11 and on the morning of 9/11 itself (see August 28-30, 2001 and (8:00 a.m.) September 11, 2001). Despite some press reports that Mahmood directly ordered money to be sent to hijacker Mohamed Atta, there is virtually no mention of Mahmood or Pakistan in the Inquiry report that Goss co-chaired. Such issues appear to be forgotten by the US press, but the Times of India raised them when his nomination was announced. [Times of India, 8/10/2004]
Will Lead 'Purge' - During his confirmation hearings Goss pledges that he will be a nonpartisan CIA director, but he will purge the CIA of all but “true believers” in Bush’s policies shortly after becoming director (see November-December 2004). [Knight Ridder, 10/25/2004] CIA analyst Valerie Plame Wilson will later write that Goss “arrive[s] at headquarters with the clear intention to houseclean, and from the beginning [is] seen more as a crusader and occupier than former colleague. He [brings] with him several loyal Hill staffers, known for their abrasive management style, and immediately set[s] to work attempting to bring the CIA—with special emphasis on the often wild and willful operations directorate—to heel, per White House orders. White House officials had suspected that CIA officials had leaked information prior to the election about the intelligence surrounding the war in Iraq that put the agency in a better light. Thus, Goss’s orders from the administration [are] probably along the lines of ‘get control of it.’” She will write that while most at the CIA welcome the idea of reform as a means to rebuild the agency’s credibility, “Goss’s heavy-handedness [will be] bitterly resented.” Goss will fail to have any meaningful dealings with “senior agency managers,” will spend “little time with the heads of foreign intelligence services (all of whom the CIA relied on for cooperation with counterterrorism and counterproliferation matters),” will fail to sufficiently engage “in day-to-day activities,” and will fail to gain a grasp of “some of the details of operations.” [Wilson, 2007, pp. 211-212]

Entity Tags: Porter J. Goss, John E. McLaughlin, Valerie Plame Wilson

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Category Tags: Other

A former CIA officer will tell New Yorker reporter Seymour Hersh that, in mid-2004, the White House began putting pressure on CIA analysts “to see more support for the administration’s political position.” But after Porter Goss becomes the new CIA director (see September 24, 2004) and the November 2004 election passes, a “political purge” of employees who have written papers that dissent with Bush policies begins. One former official notes that only “true believers” remain. [New Yorker, 1/24/2005]
'Creeping Politicization' - An anonymous former CIA official tells Newsday: “The agency is being purged on instructions from the White House. Goss was given instructions… to get rid of those soft leakers and liberal Democrats.” [Newsday, 11/14/2004] In 2007, CIA analyst Valerie Plame Wilson will write, “Employees’ worst fears about the creeping politicization of the CIA” are confirmed when Goss issues the memo about the agency supporting the administration. She will observe: “Although a CIA spokesman explained the memo as a statement of the agency’s nonpartisan nature, it appeared to be just the opposite. It had a kind of creepy Orwellian Ministry of Truth ring to it—further dismaying CIA staffers who believed the agency was rapidly losing credibility and power as partisan politics began to degrade its work product.” [Wilson, 2007, pp. 212] Days after the November 2004 presidential election, Goss circulates an internal memorandum to all CIA employees, telling them their job is to “support the administration and its policies in our work.” [New York Times, 11/17/2004] The memo also contains a caveat that they should “let the facts alone speak to the policymaker.” However, an op-ed in the Los Angeles Times calls this mere “lip service,” and says the memo leaves “the impression that in the second Bush administration, the White House will run the CIA.… Goss has confirmed the worst fears of critics who warned he was too partisan when Bush appointed him.” [Los Angeles Times, 11/21/2004]
Morale 'Dangerously Low,' Many Senior Officials Leave - Plame Wilson will recall hearing from her colleagues throughout August, while she was on leave, “that morale was dangerously low, and there was a spirit of outright revolt towards Porter Goss and his ‘Gosslings.’ Everyone was calculating the benefits of staying or jumping from the fast-sinking ship.” [Wilson, 2007, pp. 213] Such new policies inspire more employees to leave. By the time the purge is completed in early 2005, about 20 senior CIA officials will have resigned or retired. Only one member of the leadership team from George Tenet’s tenure will remain. [Washington Post, 1/6/2005] Newsweek says the “efforts at cleaning house may have only thrown the spy agency into deeper turmoil.” [Newsweek, 2/21/2005] Plame Wilson will write: “At least one thousand years of hard-earned operational experience walked out when our country’s national security needs were greatest. It was devastating.” [Wilson, 2007, pp. 213]

Entity Tags: Bush administration (43), Porter J. Goss, Valerie Plame Wilson, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 2004 Elections

Category Tags: Expansion of Presidential Power, Other

Two months after leaving office, former Attorney General John Ashcroft opens a lobbying firm on Washington’s prestigious K Street, where he markets his contacts in the Justice and Homeland Security departments to, among others, ChoicePoint, a company that brokers credit data and other personal information on American citizens to government and private entities. The Ashcroft Group quickly earns over $269,000 from four clients, and, the Chicago Tribune will write, “appears to be developing a practice centered on firms that want to capitalize on a government demand for homeland security technology that boomed under sometimes controversial policies he promoted while in office.” Another Ashcroft client is the Oracle Corporation, one of the world’s largest software developers, who, according to the Tribune, will use Ashcroft’s clout with the Justice Department to win approval of a multibillion-dollar acquisition. A third client, LTU Technologies, makes software that analyzes large collections of video and other visual images. Ashcroft’s firm will soon sign a contract with Israel Aircraft Industries to help secure Bush administration approval for the firm to sell weapons to South Korea. The Tribune will write, “While Ashcroft’s lobbying is within government rules for former officials, it is nonetheless a departure from the practice of attorneys general for at least the last 30 years.” Ashcroft is the first former attorney general to open his own lobbying firm. Charles Tiefer, a former deputy general counsel to the House of Representatives, will note, “The attorney general is very much supposed to embody the pure rule of law like the Department of Justice’s statue of ‘Blind Justice’ and he’s not expected afterwards to cloak with the mantle of his former office a bunch of greedy interests.” Author and media critic Frank Rich will later write: “Thus did the government official who recklessly expanded the market for domestic surveillance while in office find a nominally legal way to make a profit on his nominally legal policies as soon as he was out the door. It was the perfect Enron-esque coda to his wartime career.” [Rich, 2006, pp. 208; Inter Press Service, 2/14/2006]

Entity Tags: John Ashcroft, Chicago Tribune, Charles Tiefer, Bush administration (43), ChoicePoint, Israel Aircraft Industries, Oracle Corporation, The Ashcroft Group, LTU Technologies, US Department of Homeland Security, US Department of Justice, Frank Rich

Category Tags: Privacy, Other

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

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

Category Tags: Impositions on Rights and Freedoms, Other, NSA Wiretapping / Stellar Wind

CIA Director Porter Goss abruptly resigns “amid allegations that he and a top aide may have attended Watergate poker parties where bribes and prostitutes were provided to a corrupt congressman.” A senior law enforcement official says, “It’s all about the Duke Cunningham scandal.” Congressman Randall “Duke” Cunningham (R-CA) was sentenced to eight years in prison after pleading guilty in late 2005 to taking millions of dollars in bribes. Goss is replaced by General Michael Hayden, the former director of the NSA. [New York Daily News, 5/6/2006] The Bush administration gives no explanation for the resignation and even Goss publicly describes his own resignation as “just one of those mysteries.” [CNN, 5/6/2006] It is later learned that Goss’s resignation is spurred in part because of the controversy surrounding his chosen CIA Executive Director, Kyle “Dusty” Foggo. Foggo is being investigated for his connections to Cunningham. Both Foggo and Cunningham are being investigated by the office of US Attorney Carol Lam (see November 8, 2002). [Talking Points Memo, 2011] In 2007, former senior CIA analyst Valerie Plame Wilson will write: “Once John Negroponte became the de facto intelligence czar as director of national intelligence (DNI—see February 17, 2005)… Goss’s effectiveness, prestige, and daily access to the president had been considerably diminished. This, in turn, further degraded and undermined the organization he led. During a time of driving massive change, which Goss and other senior intelligence managers were attempting to do at the agency, effective and clear communication with all levels of the organization is critical. Goss failed completely at this task and the cost was high.… [H]e had been a poor fit from the beginning. In an underperforming bureaucracy such as the CIA, a strong leader, respected by the rank and file, is essential to managing needed change and modernization. On a personal note, I was not sorry to see him go.” [Wilson, 2007, pp. 247-248]

Entity Tags: Randall (“Duke”) Cunningham, Porter J. Goss, Valerie Plame Wilson, Michael Hayden, John Negroponte, Bush administration (43), Kyle Dustin “Dusty” Foggo, Carol C. Lam

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Category Tags: Other

Almost two years after resigning from the CIA (see Early November, 2004), Stephen Kappes agrees to return as deputy director for the new agency head, General Michael Hayden. Kappes is leaving his position as the chief operating officer for ArmorGroup International, a British security firm, to take the position. He is a former Marine with 25 years of service in the CIA. He is fluent in Russian and Farsi, and took part in agency operations against Iran while serving in the Frankfurt, Germany, station. After the 1991 Gulf War, Kappes reopened the CIA’s Kuwait station. He also was a key participant in the agency’s attempts to find information on nuclear black marketeer A. Q. Khan. He was deputy director for operations under former CIA chief George Tenet before coming into conflict with Tenet’s replacement, Porter Goss (see September 24, 2004). Kappes was one of the first of many CIA officials to leave the agency under Goss’s tenure, either by resignation or by firing as Goss attempted to purge the agency of all but Bush administration loyalists (see November-December 2004). [New York Times, 5/30/2006; Time, 6/1/2006] In May, CNN reported that Kappes was being offered the job in part to assuage concerns among members of the Senate Intelligence Committee, who doubt Hayden’s ability to lead the agency and question whether he will run it in a nonpartisan fashion. Many observers see Kappes’s return both as a repudiation of Goss, who abruptly resigned over allegations of involvement with prostitutes and bribery schemes (see May 5, 2006), and as a potential brake on any possible instances of Hayden putting his loyalty to the Bush administration over his loyalties to the CIA and the nation. John Negroponte, the director of national intelligence, said when Kappes’s nomination for the position was announced: “I believe that Mike’s appointment, and I think together if the appointment of Steve Kappes goes through, I think that’s going to be a boost for the morale out there. And I think they’re going to welcome this new leadership.” Hayden himself has said that Kappes’s return is a signal that “amateur hour” is over. Former clandestine CIA agent Milt Bearden says, “The simple fact is that he is a very solid choice to come to the agency at a time when it is extremely wobbly.” And a former top CIA official says: “The really good people are happy he’s coming back. The ones who are scared of him should be scared of him.” [CNN, 5/9/2006; New York Times, 5/30/2006]

Entity Tags: Michael Hayden, ArmorGroup International, John Negroponte, Stephen Kappes, Central Intelligence Agency, Senate Intelligence Committee, Milt Bearden

Category Tags: Other

Former CIA analyst Melvin Goodman tells authors Lou Dubose and Jake Bernstein that the damage done to the agency by the Bush administration is long-lasting and may well be permanent. “The CIA is a brittle bureaucracy, fragile as any other,” he says. “It’s now broken.” Part of the reason for the damage is the pressure brought to bear on the agency by senior White House officials (see 2002-Early 2003, Fall 2002, and Fall 2002). A former deputy director of the CIA tells the authors: “In the history of the agency, I’ve never heard of a vice president making specific demands of analysts. It’s never occurred. It’s without precedent.” It will change the way the CIA functions, he says. “The mere fact that [Vice President Cheney and his then-chief of staff Lewis Libby] were out there will generate in the bureaucracy—and the CIA is a bureaucracy—a sort of thinking that says, ‘Gee, can we make them happy, can we continue to satisfy them?’ That’s not the sort of thinking you want in an intelligence agency.” [Dubose and Bernstein, 2006, pp. 222]

Entity Tags: Melvin A. Goodman, Bush administration (43), Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Central Intelligence Agency

Category Tags: Impositions on Rights and Freedoms, Expansion of Presidential Power, Other

Former Speaker of the House Newt Gingrich says in a speech, “My view is that either before we lose a city, or if we are truly stupid, after we lose a city, we will adopt rules of engagement that use every technology we can find to break up their capacity to use the Internet, to break up their capacity to use free speech, and to go after people who want to kill us to stop them from recruiting people before they get to reach out and convince young people to destroy their lives while destroying us.” He also suggests pressing for a new “Geneva convention for fighting terrorism which makes very clear that those who would fight outside the rules of law… are in fact subject to a totally different set of rules that allow us to protect civilization by defeating barbarism… .” [Newt (.org), 11/27/2006; New York Sun, 11/29/2006] Gingrich makes these remarks as the featured speaker at the Nackey S. Loeb School of Communications’ annual first amendment awards dinner, which honors New Hampshire citizens who exemplify and defend free speech liberties. [Union Leader, 11/28/2006]

Entity Tags: Newt Gingrich

Category Tags: Other

Silvestre Reyes.Silvestre Reyes. [Source: Foreign Policy (.com)]Representative Nancy Pelosi (D-CA), slated to become the new speaker of the House when the Democrats take over leadership of the House in January 2007, names Silvestre Reyes (D-TX) as the chairman of the House Intelligence Committee. Reyes, a former soldier and Border Patrol chief before being elected to Congress, is named to the chairmanship over two other Intelligence Committee Democrats, Jane Harman (D-CA) and Alcee Hastings (D-FL), both of whom outrank him on the committee. Generally an advocate for the military, Reyes supports withdrawing from Iraq, and voted against the original war resolution. He has accused the Bush administration of using “cherry-picked” and “manipulated” intelligence to justify invading Iraq. He is also a strong critic of the Bush administration’s warrantless wiretapping program (see December 15, 2005). [Washington Post, 12/2/2006] Evidence will later show that Harman may have improperly accepted assistance from an Israeli agent, who promised to lobby Pelosi on Harman’s behalf for the chairmanship (see October 2005 and April 19, 2009).

Entity Tags: House Intelligence Committee, Bush administration (43), Jane Harman, Nancy Pelosi, Alcee Hastings, Silvestre Reyes

Category Tags: Other, NSA Wiretapping / Stellar Wind

John Fund.John Fund. [Source: Rightsideva]Fox News runs an interview with right-wing journalist and Wall Street Journal editorialist John Fund, author of the book Stealing Elections: How Voter Fraud Threatens Our Democracy, in which Fund claims that ACORN was “at the heart of the subprime mortgage crisis,” and is planning to “overload the election system, to make it so there’s such chaos at the polls that they can bring a lot of voters there.” He also calls Barack Obama “radical” and suggests that he is working in concert with ACORN on a hidden agenda to expand government and “dramatically change American society,” in ways he does not specify. On the Fox website the video is posted under the headline, “Author of book on voter fraud explains how ACORN’s actions are detrimental to Democracy.” [Fox News, 10/19/2008]

Entity Tags: Association of Community Organizations for Reform Now, John Fund, Barack Obama, Fox News

Timeline Tags: Global Economic Crises, Domestic Propaganda, 2008 Elections

Category Tags: Other, Voter Fraud/Disenfranchisement

Constitutional lawyer and author Bruce Fein, a former official in the Justice Department under Ronald Reagan, writes that if President Obama wants to “restore the rule of law and to prevent future wrongdoing by high-level government officials,” he “should investigate, among others, former President George W. Bush, former Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, former Attorney General John Ashcroft, former White House counsel and Attorney General Alberto Gonzales, and former White House political adviser Karl Rove. The crimes to be investigated should include complicity in torture, illegal surveillance, illegal detention, perjury, obstruction of justice, and contempt of Congress. Prosecutions should follow if the evidence convinces a grand jury to indict.” Fein states that “[t]he best way to deter government criminality and to teach citizens the rule of law is to punish the perpetrators who are unanimously found guilty beyond a reasonable doubt by independent and impartial jurors.”
FBI, CIA Feared Prosecution for Torture - He notes that the FBI refused to participate in “enhanced interrogation techniques,” including waterboarding, for fear of being charged with war crimes. And the CIA required specific legal opinions from the Bush Justice Department—the so-called “golden shield” (see August 1, 2002)—and specific presidential authorization before it would allow its agents to torture detainees. And the White House ordered an end to waterboarding after it was warned that such tactics left its officials open to charges of torture and war crimes.
Attorney General Feared Prosecution under FISA - He goes on to note that Justice Department officials such as acting Attorney General James Comey “balked at approving… Bush’s warrantless surveillance program without modification in March 2004 probably because he feared criminal prosecution under the Foreign Intelligence Surveillance Act” (see 1978).
'Unpunished Lawlessness by Government Officials Invites Lawlessness Generally' - Fein asserts that “unpunished lawlessness by government officials invites lawlessness generally.” He quotes former Supreme Court Justice Louis Brandeis: “Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.” The best way to deter criminal behavior, he says, is to prosecute alleged criminals, and that process must start with government officials. [Washington Times, 1/20/2009]

Entity Tags: Bruce Fein

Category Tags: Impositions on Rights and Freedoms, Other, Government Acting in Secret, Government Classification

The Obama administration’s choice to head the Justice Department’s Office of Legal Counsel (OLC), Indiana University law professor Dawn Johnsen, is endorsed by the Senate Judiciary Committee. All the committee Democrats vote to endorse her, and all but one Republican committee member vote against her; Arlen Specter (R-PA) abstains. After the endorsement, Senate Republicans use a variety of parliamentary procedures to delay or block her appointment. Legal expert and columnist Scott Horton writes, “The real reason for their vehement opposition is that Johnsen is committed to overturning the Bush administration’s policies on torture and warrantless surveillance that would clip the wings of the imperial presidency.” Johnsen formerly worked for the American Civil Liberties Union (ACLU) and the National Abortion and Reproductive Rights Action League (NARAL), earning her the enmity of social conservatives who have made her the target of a massive opposition campaign. Anti-abortion groups call her a “radical, pro-abortion activist.” However, Horton notes, observations from Republican officials and opinion leaders show that the GOP’s real concern is not over Johnsen’s support for abortion, but for her apparent intent to roll back Bush-era policies on torture and warrantless surveillance. Even worse, Horton writes, is her intention to reveal secret information from the Bush years about those subjects. But it is politically difficult to attack Johnsen on these issues, Republicans say, so instead she is being targeted for her views on abortion. President Obama’s choice of Johnsen’s two deputies—Harvard law professor David Barron and Georgetown law professor Marty Lederman (see January 20, 2009)—are, like Johnsen, experienced in both academia and politics, and have been vehement critics of the OLC during the Bush years. [Daily Beast, 3/26/2009]

Entity Tags: Office of Legal Counsel (DOJ), Arlen Specter, David Barron, Dawn Johnsen, Scott Horton, Senate Judiciary Committee, US Department of Justice, Obama administration, Martin (“Marty”) Lederman

Category Tags: Other

Supreme Court Justice Clarence Thomas, in a rare public appearance to answer questions from the winners of a high school essay contest sponsored by the Bill of Rights Institute, says he does not embrace the Bill of Rights. “Today there is much focus on our rights,” he says. “Indeed, I think there is a proliferation of rights.” He suggests that there should be two “alternatives” to the document, saying: “I am often surprised by the virtual nobility that seems to be accorded those with grievances. Shouldn’t there at least be equal time for our Bill of Obligations and our Bill of Responsibilities?” [New York Times, 4/13/2009]

Entity Tags: US Supreme Court, Clarence Thomas

Category Tags: Impositions on Rights and Freedoms, Other

President Barack Obama signs the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act into law. The new law authorizes the Justice Department to investigate and prosecute violent attacks in which the perpetrator has targeted a victim because of his or her actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. The law is part of a larger defense authorization bill. “This law honors our lesbian, gay, bisexual, and transgender brothers and sisters whose lives were cut short because of hate,” says Human Rights Campaign president Joe Solmonese. “Today’s signing of the first major piece of civil rights legislation to protect LGBT [lesbian, gay, bisexual, and transgendered] Americans represents a historic milestone in the inevitable march towards equality.” A statement released by 29 LGBT groups says, in part: “It took much too long, more than a decade. And it came at too great a price: the brutal killings of Matthew Shepard (see October 9, 1998 and After) and James Byrd Jr. (see June 7, 1998 and After) are just two among the thousands of crimes motivated by hate and bigotry.… [L]awmakers and the president have made an imperative statement to the country and the world: Our nation will no longer tolerate hate-motivated violence against lesbian, gay, bisexual, and transgender (LGBT) people.” The legislation has languished in Congress for nearly a decade, largely because of conservative opposition. Representative Mike Pence (R-IL), one of the harshest critics of the new law, accuses Obama of signing the bill as part of his “radical agenda” that puts his “liberal social priorities ahead of an unambiguous affirmation of our men and women in uniform.” Pence adds: “Every day, our armed forces stand in defense of freedom and our cherished way of life. It is deeply offensive to their service and to millions of Americans to pile so-called ‘hate crimes’ legislation onto a bill that authorizes critical resources for our troops. Hate crimes legislation is antithetical to the First Amendment, unnecessary, and will have a chilling effect on religious freedom.” [Fox News, 10/28/2009; New England Bay Windows, 10/28/2009] The law was included in the National Defense and Authorization Act of 2009 in part to weaken Republican opposition. Many Republicans such as Pence railed against the bill in both the House and Senate, but many voted for the legislation despite their opposition to the act. Many Republicans have criticized the placement of the law into the defense authorization legislation. Many conservative organizations, such as the Christian group Focus on the Family (FOTF), says the new law creates “thought crimes” by outlawing not just actions, but beliefs and attitudes. FOTF and Congressional Republicans such as Representative Steve King (R-IA) have also claimed that the new law legitimizes pedophilia and other illegal sexual practices, ignoring findings by legal and political analysts who called such claims “preposterous.” [St. Petersburg Times, 5/14/2009; Colorado Independent, 10/9/2009]

Entity Tags: Matthew Shepard, Steve King, Joe Solmonese, Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, Focus on the Family, Barack Obama, James Byrd, Jr, Mike Pence

Timeline Tags: Domestic Propaganda

Category Tags: Other

Laura Bush, during her interview with Larry King.Laura Bush, during her interview with Larry King. [Source: CNN / Mediaite]Former First Lady Laura Bush tells CNN talk show host Larry King that she supports the right of women to choose abortions. She also supports the principle of gay marriage. Bush is on King’s show to discuss her new biography, Spoken from the Heart, in which she recalls asking her husband, then-President Bush, not to make gay marriage a “hot button” issue in the 2004 election. Asked by King if she supports gay marriage, Bush tells him: “Well, I think that we ought to definitely look at it and debate it. I think there are a lot of people who have trouble coming to terms with that because they see marriage as traditionally being between a man and a woman. But I also know that when couples are committed to each other and love each other, that they ought to have, I think, the same sort of rights that everyone has.” Of abortion, Bush says, “I think it’s important that it remain legal, because I think it’s important for people for medical reasons and other reasons.” Her husband does not agree with her, she says: “I understand totally what George thinks and what other people think about marriage being between a man and a woman. I guess that would be an area that we disagree” on. “I understand his viewpoint and he understands mine.” [Los Angeles Times, 5/12/2010; Mediaite, 5/12/2010; CBS News, 5/13/2010]

Entity Tags: Larry King, Laura Bush, George W. Bush

Timeline Tags: 2004 Elections

Category Tags: Freedom of Speech / Religion, Impositions on Rights and Freedoms, Other

Several of Joe Miller’s private security guards stand over a handcuffed Tony Hopfinger, whom they detained during a political event.Several of Joe Miller’s private security guards stand over a handcuffed Tony Hopfinger, whom they detained during a political event. [Source: Anchorage Daily News]Tony Hopfinger, an editor of the Alaska Dispatch, is “arrested,” detained, and handcuffed by private security guards employed by US Senate candidate Joe Miller (R-AK) after he attempts to interview Miller. Miller appeared at a public event at Anchorage, Alaska’s Central Middle School, sponsored by his campaign. The guards handcuff Hopfinger, place him in a chair in a hallway, and stand over him, presumably to prevent his “escape” from custody. They release him when Anchorage police arrive on the scene and order him arrested. The security guards come from a private security firm known as The Drop Zone; owner William Fulton, one of the guards who detains Hopfinger, accuses Hopfinger of trespassing at the public event, and says he assaulted someone by shoving him. Anchorage police say they have not yet filed charges against anyone. [Alaska Dispatch, 10/17/2010; Anchorage Daily News, 10/18/2010; Salon, 10/18/2010] Miller, Fulton, and The Drop Zone are later shown to have ties to Alaska’s far-right paramilitary and militia groups, to employ active-duty soldiers, and to lack a business license to legally operate (see October 18, 2010).
Small Gathering Marked by Candidate Dodging Tough Questions - The 3 p.m. event is billed by the Miller campaign as a chance for voters to “hear Joe Miller speak for himself,” and is clearly a public event: in a Facebook campaign entry, the campaign urges supporters to bring their “friends, colleagues, family, acquaintances, neighbors.” The entry also tells voters, “Don’t let the media skew your views.” Miller spends some 45 minutes addressing the crowd of several hundred voters and, according to the Anchorage Daily News, “answering—or deflecting—questions.” While there are many Miller supporters in the crowd, some hostile questioners also make themselves heard. One questioner, referring to Miller’s admitted reliance on medical care subsidies and other federal benefits in contradiction to his campaign theme of such benefits being unconstitutional, calls Miller a “welfare queen—you had a lot of children that you couldn’t afford, and we had to pay for it.” Miller responds that he is not necessarily opposed to such benefits, only that they should come from the states and not the federal government. Another criticizes Miller’s announcement last week that he would no longer answer questions about his character or his personal history. The questioner says that while his opponents have previous records in elective office, he does not: “In this instance, you have no record, so it’s meaningful and it’s reasonable that we would want to examine your professional background and your military…” Miller cuts her off and calls her a known supporter of his opponent, write-in candidate Senator Lisa Murkowski (R-AK), who lost a narrow primary vote to him. Miller says he has a public record as a state and federal judge, but adds that he wants to discuss his position on federal spending and not federal subsidies he may have received. During the questioning period, he says he will stay to talk to individuals, but when the period concludes, he quickly leaves the room. [Anchorage Daily News, 10/18/2010] Miller does speak to a few participants in the school hallway after leaving the room. [Alaska Dispatch, 10/18/2010]
Detained after Asking Questions - Hopfinger, carrying a small video camera, approaches Miller after the event, and asks questions of the candidate concerning disciplinary actions taken against him while he was a lawyer for the Fairbanks North Star Borough. The topic is one Miller has cited as driving his refusal to answer further questions about his character and personal history; he was disciplined for using government computers for partisan political activity during his time as a part-time borough attorney. Three press outlets, including the Alaska Dispatch and the Anchorage Daily News, are suing the borough to get Miller’s personnel file. Miller walks away from Hopfinger without answering. Some of the people in the vicinity tell Hopfinger to “quit pestering” Miller. As they walk down the hallway, Miller suddenly changes direction, leaving Hopfinger quickly surrounded and pressed in by Miller supporters and a large contingent of private security guards, all of them wearing radio earphones. (Miller later claims that Hopfinger is actively blocking his exit from the hallway, a claim not backed up by evidence, and tells a Fox News reporter that Hopfinger “was hounding me… blocking the way.”) Hopfinger later says he feels threatened and pressured, so he shoves one of the guards aside. “These guys were bumping into me,” Hopfinger later says, “bumping me into Miller’s supporters.” He later identifies Fulton as the individual making most of the physical contact with him. The man Hopfinger shoves is not hurt, Fulton later says, though Hopfinger later says Fulton is the man he pushed away. No one else comes forward to say they were the person “assaulted,” Hopfinger later says. At this point, Miller’s private security guards seize Hopfinger, push him against a wall, cuff his hands behind his back with steel handcuffs, sit him in a chair in a hallway, and “confiscate” his video camera. Hopfinger later says he chooses not to resist, saying “these guys would have had me on the ground; it ramped up that fast.” He later says that when the guards tell him he is trespassing, he is given no time to leave, and is immediately seized and handcuffed. Everything happens in seconds, he will say. Hopfinger later says that when he receives his video camera back, the segment of video showing his questions to Miller, and the ensuing scuffle, have been deleted. Hopfinger refuses an offer from police to have the video camera taken into custody and analyzed by the crime lab. The guard who takes the camera later denies erasing anything, and says Hopfinger dropped it during the altercation. [Anchorage Daily News, 10/18/2010; Anchorage Daily News, 10/18/2010; Salon, 10/18/2010; Fox News, 10/18/2010; Alaska Dispatch, 10/19/2010] A Miller supporter who witnesses the incident later says Miller knocks her aside and “bowl[s] over” her eight-year-old son in his attempt to get away from Hopfinger (see October 17-18, 2010).
Other Reporters Threatened - Hopfinger later says Fulton then says he is calling the police, and Hopfinger responds that calling the police is a good idea. Hopfinger is then handcuffed. Fulton later says he does not know how long Hopfinger was detained for; Hopfinger later says it seemed like a long time to him. While Hopfinger is in handcuffs and surrounded by Miller’s guards, the guards attempt to prevent other reporters from talking to him, and threaten the reporters with similar “arrests” and handcuffing for trespassing. An Anchorage Daily News reporter succeeds in speaking with Hopfinger, and is not detained. Several small altercations between the guards and reporters ensue, consisting of chest bumps and shoving matches as the guards attempt to prevent reporters from filming the scene. Video footage shot by Anchorage Daily News reporter Rich Mauer shows three guards blocking Mauer and Dispatch reporter Jill Burke from approaching Hopfinger, and shows Burke repeatedly asking a guard to take his hands off her. When police officers arrive, they order Fulton to release Hopfinger from the handcuffs. According to Hopfinger, during the entire time he is detained, he is in the “custody” of people who identified themselves only as “Miller volunteers,” though most of them are wearing the radio earphones. [Alaska Dispatch, 10/17/2010; Anchorage Daily News, 10/18/2010; Alaska Dispatch, 10/18/2010; Anchorage Daily News, 10/18/2010] An Anchorage police officer removes the cuffs and refuses to accept Fulton’s “private person’s arrest” (Alaska’s equivalent of a “citizen’s arrest”) after interviewing people at the scene. [Alaska Dispatch, 10/18/2010; Anchorage Daily News, 10/18/2010]
Miller Campaign Accuses Hopfinger of Assault, 'Irrational' Behavior - After the incident, the Miller campaign quickly releases a statement accusing Hopfinger of assault and attempting to “create a publicity stunt” (see October 17-18, 2010). [Anchorage Daily News, 10/18/2010] Hopfinger later says he would have preferred a less confrontational method of questioning Miller. “I was not assaulting or touching Joe, I was asking him questions,” Hopfinger will say. “I would certainly prefer to sit down with Mr. Miller and ask him the questions, but he drew a line in the sand a week ago and said he wasn’t going to do that. That doesn’t mean we don’t go to functions or public appearances and try to ask our questions.” [Alaska Dispatch, 10/19/2010]
Further Investigation - The school’s security camera may have captured footage of the incident, police say. Hopfinger is considering whether to file assault charges against Fulton, “The Drop Zone,” and/or the Miller campaign. [Alaska Dispatch, 10/17/2010] However, Heidi Embley, a spokeswoman for the Anchorage School District, later says security cameras were partially installed at the school but were not equipped with recording devices, so no video of the scene is available from that source. She later says that Miller’s group paid $400 to use the school for three hours, a standard fee for any non-school group. She also says that any such gatherings are technically private events because the group is renting the facility for its meeting. [Alaska Dispatch, 10/18/2010] The campaign rented the cafeteria, stage, and parking lot, the school district later notes, and the hallway outside the event venue was not covered in the rental agreement. [Anchorage Daily News, 10/18/2010] Sergeant Mark Rein of the Anchorage Police Department says Hopfinger is not in custody or under arrest. [Crooks and Liars, 10/18/2010] Al Patterson, chief Anchorage municipal prosecutor, later decides to file no charges against anyone involved. [Alaska Dispatch, 10/19/2010]
False Claim of Security Requirement - Miller later tells national news reporters that he had been told by the school district to hire private security guards as part of his agreement to use the facility. He later tells a Fox News reporter, “I might also note that the middle school itself required us by a contract for a campaign, required us to have a security team.” And he tells a CNN reporter: “There was a—a private security team that was required. We had to hire them because the school required that as a term in their lease.” Embley will state that Miller’s claims are false, and there is no such requirement for private security guards in the rental agreement. The agreement does require some sort of security plan, Embley will say, no matter what the function. She will give the agreement to reporters, who learn that the plan basically involves monitors to watch over parking and ensure participants do not bring food or drink into the facility. Miller’s campaign will later claim, again falsely, that the security plan called for Miller’s “security team” to enforce a “no disruptive behavior” clause, and in its assessment, Hopfinger was being disruptive. [Alaska Dispatch, 10/18/2010; Anchorage Daily News, 10/18/2010]

Entity Tags: Anchorage Daily News, Alaska Dispatch, Anchorage Police Department, Fox News, Fairbanks North Star Borough, Joseph Wayne (“Joe”) Miller, Central Middle School (Anchorage, Alaska), Tony Hopfinger, Lisa Murkowski, William Fulton, Mark Rein, Heidi Embley, Richard Mauer, The Drop Zone

Timeline Tags: Domestic Propaganda, US Domestic Terrorism, 2010 Elections

Category Tags: Freedom of Speech / Religion, Media Freedoms, Other, Media Involvement and Responses

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