!! History Commons Alert, Exciting News

Follow Us!

We are planning some big changes! Please follow us to stay updated and be part of our community.

Twitter Facebook

US Civil Liberties

Media Freedoms

Project: US Civil Liberties
Open-Content project managed by Paul, KJF, mtuck, paxvector

add event | references

President Dwight D. Eisenhower appoints CBS executive Theodore F. Koop, who served as deputy director of the Office of Censorship during World War II, to head a new, secret, 26-member emergency censorship board. The group is placed in charge of developing plans to restrict the free flow of information to the public in the event of a national emergency or war. The plans were first adopted in 1949 (see 1949). Approximately 40 “civilian executives” agree to work for the standby censorship unit should a crisis lead to its activation. [Prescott Courier, 10/1/1970; Time, 8/10/1992; Carpenter, 1995, pp. 112-113]

Entity Tags: Dwight Eisenhower, Theodore F. Koop

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government, Media Involvement and Responses

Press reports and freedom of information advocates expose details regarding the government’s secret plans to censor public information in the event of a national emergency or war. In the event of a declared emergency, the Office of Censorship, led by a 26-member board of “executive reservists,” would be in charge of restricting virtually all public information. The unit was established in 1949 as a reincarnation of a censorship office created during World War II (see 1949). The board was apparently put in place to oversee the unit in 1958 (see 1958). The unit is currently being operated out of the Office of Emergency Preparedness. In an article published in the Prescott Courier, Sam Archibald, director of the Freedom of Information Center, writes, “The government has set up a ‘Stand-by Voluntary Censorship Code’ and has planned all the bureaucratic trappings necessary to enforce the code.” Archibald says the plan would “become effective either in wartime or in some undefined ‘national emergency.’” The plans, he writes, are ready to be applied in “all kinds of less than war situations.” In the event of a crisis, members of the standby censorship office would be dispatched throughout the country to monitor and censor all channels of communication, from private letters and telephone calls to public radio and television broadcasts. According to Archibald, only five of the 26 board members are working newsmen. “The rest are public relations men, businessmen, government employees, college professors, or are listed merely as ‘retired.’” CBS executive Theodore F. Koop, who served as deputy director of the Office of Censorship during World War II, is revealed as the head of board. Archibald reports that Koop took up the position in the mid-1960s. Later reports will suggest President Eisenhower appointed Koop to head the censorship board in 1958 (see 1958). [Prescott Courier, 10/1/1970; New York Times, 10/9/1970; St. Petersburg Times, 10/25/1970; Carpenter, 1995]

Entity Tags: Office of Emergency Preparedness (1968-1973), Freedom of Information Center, Office of Censorship, Sam Archibald, Theodore F. Koop

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government

In the wake of reports exposing government plans to censor public information in the event of a crisis (see October 1970), the Nixon administration changes the title of the secretive Office of Censorship to the Wartime Information Security Program (WISP). The WISP agency is run out of the Office of Emergency Preparedness (OEP), which is responsible for the highly classified Continuity of Government (COG) program (see October 21, 1968). The number of board members within the WISP unit, originally set at 26 (see 1958), is scaled down to just eight. The agency maintains the same basic objective of censoring public information in the event of a crisis. Author Ted Galen Carpenter will later report that “virtually nothing” changes in regards to the censorship plans. In the event of a national emergency, “press censorship would go into effect and several thousand ‘executive reservists’ would report to locations across the country to censor all mail, cables, telephone calls, and other communications (including press dispatches) entering or leaving the United States.” Under the WISP program, the government would not only censor information that may help an enemy, but also any data that “might adversely affect any policy of the United States.” Time magazine will later summarize, “Press reports in 1970 exposed the existence of a standby national censor and led to the formal dissolution of the censorship unit, but its duties were discreetly reassigned to yet another part of what an internal memo refers to as the ‘shadow’ government.” [Time, 8/10/1992; Carpenter, 1995, pp. 114]

Entity Tags: Office of Censorship, Nixon administration, Wartime Information Security Program, Office of Emergency Preparedness (1968-1973)

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government

Representative William S. Moorhead (D-PA) publicly criticizes a secret government contingency plan to censor public information in the event of a national emergency or war. Moorhead claims he has obtained a copy of the plan as part of an investigation by the House Foreign Operations and Government Information Subcommittee. His primary concern is that the censorship plans could be implemented in the event of a “limited war,” such as the conflict in Vietnam. According to Moorhead, representatives of the Office of Emergency Preparedness (OEP), which is responsible for managing the secret censorship program, testified to the committee that the plans were for use only in the event of nuclear attack within the United States. Moorhead, however, after reviewing the plans first-hand, says the program could be activated during “limited war or conflicts of the ‘brush fire’ type, in which United States forces are involved elsewhere in the world on land, sea, or in the air.” The plans would involve “opening mail, monitoring broadcasts, and questioning travelers entering the country.” Moorhead says James W. McCord Jr., who was arrested as part of the Watergate scandal (see June 17, 1972), was one of several individuals responsible for drafting the plans. Moorhead alleges McCord developed a “National Watchlist” as part of the program. [United Press International, 10/23/1972; United Press International, 10/23/1972]

Entity Tags: William Moorhead, House Foreign Operations and Government Information Subcommittee, Office of Emergency Preparedness (1968-1973), James McCord

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government

The House and Senate Appropriations Committees vote to cut funding for the Wartime Information Security Program (WISP), which is designed to censor public information in the event of a national emergency or war (see Late 1970-Early 1971 and October 22, 1972). By 1977, the last of the censorship units will reportedly be shut down, but information will later surface showing that the program is still in existence in 1983 (see September 21, 1983). [Ocala Star-Banner, 3/29/1986; Carpenter, 1995, pp. 114-115]

Entity Tags: Senate Appropriations Committee, Wartime Information Security Program

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government

Representatives William Moorhead (D-PA) and Frank Horton (R-NY) cosponsor a series of amendments designed to improve the effectiveness of the 1966 Freedom of Information Act (FOIA). The law is designed to make it easier for journalists, researchers, and citizens to see government records, but in practice the law is cumbersome: agencies have little impetus to produce documents in a timely manner, charge exorbitant fees for searching and copying documents, and too often battle FOIA requests in court. With Watergate fresh in legislators’ minds, the amendments to FOIA are welcome changes. The amendments expand the federal agencies covered, and mandate expediting of document and record requests. But as the bill nears final passage, senior officials of the Ford White House are mobilizing to challenge it. The CIA, Defense and Treasury Departments, Civil Service, and many on President Ford’s staff, including Deputy Chief of Staff Dick Cheney, all urge a veto. Most bothersome is the provision that a court can review a federal decision not to release a document requested under FOIA. Ford will veto the bill, but Congress will override the vetoes (see November 20, 1974). [Dubose and Bernstein, 2006, pp. 29-30]

Entity Tags: William Moorhead, US Department of the Treasury, US Civil Service, Frank Horton, Ford administration, Central Intelligence Agency, US Department of Defense, Freedom of Information Act, Richard (“Dick”) Cheney, Gerald Rudolph Ford, Jr

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Other Legal Changes

Investigative journalist Seymour Hersh publishes an explosive story in the New York Times, revealing that US submarines are tapping into Soviet communications cables inside the USSR’s three-mile territorial limit. Hersh notes that his inside sources gave him the information in hopes that it would modify administration policy: they believe that using submarines in this manner violates the spirit of detente and is more risky than using satellites to garner similar information. The reaction inside both the Pentagon and the White House is predictably agitated. Chief of Staff Donald Rumsfeld, traveling in Europe with President Ford, delegates his deputy Dick Cheney to formulate the administration’s response. Cheney goes farther than most administration officials would have predicted. He calls a meeting with Attorney General Edward Levi and White House counsel Philip Buchan to discuss options. Cheney’s first thought is to either engineer a burglary of Hersh’s home to find classified documents, or to obtain search warrants and have Hersh’s home legally ransacked. He also considers having a grand jury indict Hersh and the Times over their publication of classified information. “Will we get hit with violating the 1st amendment to the constitution[?]” Cheney writes in his notes of the discussion. Levi manages to rein in Cheney; since the leak and the story do not endanger the spying operations, the White House ultimately decides to let the matter drop rather than draw further attention to it. Interestingly, Cheney has other strings to his bow; he writes in his notes: “Can we take advantage of [the leak] to bolster our position on the Church committee investigation (see April, 1976)? To point out the need for limits on the scope of the investigation?” [Dubose and Bernstein, 2006, pp. 34-35]

Entity Tags: Seymour Hersh, US Department of Defense, Ford administration, Edward Levi, Donald Rumsfeld, Church Committee, Richard (“Dick”) Cheney, Philip Buchan, New York Times, Gerald Rudolph Ford, Jr

Category Tags: Media Freedoms, Expansion of Presidential Power, Government Acting in Secret

Members of the Reagan administration run a secret shadow government that operates outside of official channels and circumvents Congressional oversight. The Miami Herald reports in July 1987: “Some of President Reagan’s top advisers have operated a virtual parallel government outside the traditional cabinet departments and agencies almost from the day Reagan took office, Congressional investigators and administration officials have concluded.” Figures involved in the secret structure include Lieutenant Colonel Oliver North, National Security Adviser William Clark, CIA Director William Casey, and Attorney General Edwin Meese. Secret contacts throughout the government act on the advisers’ behalf, but do not officially report to them. The group is reportedly involved in arming the Nicaraguan rebels, the leaking of information to news agencies for propaganda purposes, the drafting of martial law plans for national emergencies, and the monitoring of US citizens considered potential security risks. The secret parallel government is tied to the highly classified Continuity of Government (COG) program, originally designed to keep the government functioning in times of disaster. From 1983 to 1986, North reportedly leads the parallel structure from his office in the Old Executive Office Building across from the White House. Sources tell the Miami Herald that North’s influence within the shadow government is so great that he can alter the orbits of surveillance satellites to monitor Soviet activity, launch spy aircraft over Cuba and Nicaragua, and “become involved in sensitive domestic activities,” which apparently include monitoring US citizens with sophisticated surveillance software (see 1980s). The existence of the secret structure is uncovered during investigations into the Iran-Contra affair, but the details of the shadow government are never fully disclosed. During the hearings, Representative Jack Brooks (D-TX) is prevented from questioning North regarding his involvement (see 1987). In a secret memo to the chairmen of the Iran-Contra committee, Arthur Liman, chief counsel to the panel, writes that behind the arms scandal is a “whole secret government-within-a-government, operated from the [Executive Office Building] by a lieutenant colonel, with its own army, air force, diplomatic agents, intelligence operatives, and appropriations capacity.” Some officials interviewed by the Miami Herald believe the group of advisers first formed during the late stages of Reagan’s 1980 presidential campaign (see October 1980). [Miami Herald, 7/5/1987]

Entity Tags: William Casey, William Clark, Arthur Liman, Edwin Meese, Jack Brooks, Reagan administration, Oliver North

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government, Government Acting in Secret

Despite reports alleging the Wartime Information Security Program (WISP) has been shut down, an internal Pentagon memo reveals it is still in existence. The program, which is currently being run out of the Federal Emergency Management Agency (FEMA), is designed to censor public information in the event of a national emergency or war. It was supposedly shut down after Congress cut off funding for WISP in 1974 (see 1974). The recent memo, however, summarizes the WISP’s current objectives: “The National WISP provides for the control and examination of communications entering, leaving, transiting, or touching the borders of the United States, and voluntary withholding from publication, by the domestic public media industries, of military and other information which should not be released in the interest of the safety and defense of the United States and its allies.” Investigative columnist Jack Anderson will later report: “There has been no Congressional funding for work on the censorship program since 1974, but the Pentagon directive is still in effect. So, too, is Executive Order 11490, which outlines each federal agency’s responsibilities in time of ‘severe emergency.’” Anderson will add that FEMA has drafted “standby” legislation to activate the censorship plans “whenever the president shall deem that the public safety demands it.” [Ocala Star-Banner, 3/29/1986]

Entity Tags: Wartime Information Security Program, Federal Emergency Management Agency

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government

The Reagan administration prepares a reserve emergency bill to amend the 1950 Defense Resources Act. The legislation, which would be presented to Congress in the event of a crisis, would suspend the Constitution and give the president and the Federal Emergency Management Agency (FEMA) unprecedented powers to combat a disaster. Nationally syndicated columnist Jack Anderson comments, “Since FEMA’s draft legislation is a standby proposal, it will not be offered to Congress ahead of time—when it could be thoroughly debated—but only in the event of a national emergency, when Congress would supposedly be panicked into voting for a dictatorship.” The bill covers a range of emergencies, including nuclear war, natural disasters, financial crises, and civil disturbances. It would grant the government the authority to ration goods and resources, take control of the nation’s manufacturing base, and require all citizens to work in “activities essential to the national health, safety, or interest.” The bill would outlaw striking by workers, and those refusing to work or caught lying about the availability of manpower would be heavily fined or thrown in jail. It would grant the government the authority to seize real estate and personal property considered “necessary for the national defense purpose.” Datamation magazine says the plans would lead to a military takeover of the computer industry. The bill would give the government “unlimited powers to seize computers and plants of high-technology industries and would establish an Office of Censorship to control telecommunications leaving the United States, making it a crime for companies to use secret codes.” [Ledger (Lakeland FL), 9/25/1984; Evening Independent, 10/17/1984]

Entity Tags: Federal Emergency Management Agency, Reagan administration, Office of Censorship

Category Tags: Freedom of Speech / Religion, Impositions on Rights and Freedoms, Media Freedoms, Privacy, Continuity of Government

Attorney General John Ashcroft encourages federal agencies to deny requests for information under the Freedom of Information Act (FOIA). In a memo to all government departments and agencies, he states, “When you carefully consider FOIA requests and decide to withhold records, in whole or in part, you can be assured that the Department of Justice will defend your decisions.” This is a dramatic shift from the Clinton administration, which instructed federal officials to grant all information requests, using a “presumption of disclosure,” unless there was “foreseeable harm” in doing so. [Washington Post, 12/2/2002; Savage, 2007, pp. 96] The New York Times notes that while the new policy was announced after 9/11, “it had been planned well before the attacks.” [New York Times, 1/3/2003] In 2007, author Charlie Savage will write that Ashcroft turns the Clinton policy of foreseeable harm “on its head.” He will write: “Reviving a Reagan-era policy aimed at undermining the Freedom of Information Act, Ashcroft instructed the government to reject FOIA requests if it was at all possible to do so, under any legal reason for withholding documents—even if the information sought was harmless. And he promised to back up any decision to reject a FOIA request in court. The Ashcroft policy quickly discouraged the release of information to the public because few people were willing to go to the trouble and expense of an inevitable lawsuit.” [Savage, 2007, pp. 96]

Entity Tags: Charlie Savage, Bush administration (43), Freedom of Information Act, John Ashcroft

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Expansion of Presidential Power, Government Classification

The Justice Department’s John Yoo and Robert Delahunty issue a memo to White House counsel Alberto Gonzales claiming President Bush has sweeping powers in wartime that essentially void large portions of the Constitution. The memo, which says that Bush can order military operations inside the US (see October 23, 2001), also says that Bush can suspend First Amendment freedoms: “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” It adds that “the current campaign against terrorism may require even broader exercises of federal power domestically.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]

Entity Tags: John C. Yoo, George W. Bush, Robert J. Delahunty, US Department of Justice, Alberto R. Gonzales

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Expansion of Presidential Power, Other Legal Changes, Government Acting in Secret, Government Classification

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]

Entity Tags: Pentagon, US Department of Defense, Donald Rumsfeld, Office of Strategic Influence, Office of Global Communications

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Category Tags: Media Freedoms

The US intelligence community begins monitoring Lawrence Wright, a journalist and author who writes on counterterrorism. In addition to his articles for the New Yorker, in 2006 Wright publishes The Looming Tower, an account of the run-up to 9/11 which discloses the names of mid-level officials who performed badly. [Wright, 2006; New Yorker, 1/21/2008] Apparently, the surveillance begins when Wright calls a relative of al-Qaeda deputy leader Ayman al-Zawahiri. The relative, an architect in Cairo, had asked Wright if he knew whether all of al-Zawahiri’s children were dead after Wright published a profile of al-Zawahiri in the New Yorker. A source with the FBI (wrongly) told Wright that they were and that the information was not secret, so Wright passes the news on to the architect over the telephone. An intelligence community source will tell Wright that he later reads a transcript of this call. Wright will later say that he is surprised by this, because he thinks his part of the call should be anonimized under the Foreign Intelligence Surveillance Act as he is a US citizen. Before the publication of his book in 2006, Wright is visited at his home by FBI officials on the local Joint Terrorism Task Force. The officials ask him about calls he makes to a solicitor in Britain who is representing Islamist radicals Wright interviews for his book. During the visit, the FBI agents express the belief that it is Wright’s daughter who made the calls. It is unclear to Wright why they think this, as none of the home phones is in her name. Wright is troubled by this and around late 2007 will ask Director of National Intelligence Mike McConnell about it. McConnell will say that the call to the architect “shoud be” monitored and that Wright’s identity would have been deleted originally, as it could only be made available to the intelligence community after a legitimate request for it. “So here’s what I think—I’m guessing,” McConnell will say. “You called a bad guy, the system listened, tried to sort it out, and they did an intel report because it had foreign intelligence value. That’s our mission.” McConnell adds that the FBI would have to have had probable cause and a warrant to tap his phone and that he does not know how Wright’s daughter’s name could have come up. [New Yorker, 1/21/2008]

Entity Tags: Lawrence Wright, Mike McConnell, Federal Bureau of Investigation

Category Tags: Media Freedoms, NSA Wiretapping / Stellar Wind

Richard Shelby (R-AL), the ranking Republican on the Senate Intelligence Committee, leaks highly classified information to Fox News political correspondent Carl Cameron just minutes after his committee learns it in a closed-door hearing with NSA Director Michael Hayden, according to later testimony. Shelby learns that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack, but the agency failed to translate the intercepts until September 12, the day after the 9/11 attacks (see September 10, 2001). Cameron does not report the story, but instead gives the material to CNN reporter Dana Bash. A half-hour after Cameron’s meeting with Bash, CNN broadcasts the story, citing “two Congressional sources” in its report. CNN does not identify Shelby as a source. Moments after the broadcast, a CIA official upbraids committee members who have by then reconvened to continue the hearing. USA Today and the Washington Post publish more detailed stories on the NSA intercepts the next day. White House and intelligence community officials will quickly claim that the leak proves Congress cannot be trusted with classified information, but experts in electronic surveillance will later say the information about the NSA’s intercepts contains nothing harmful because it does not reveal the source of the information or the methods used to gather it. [Washington Post, 8/5/2004; National Journal, 2/15/2007] The next day, a furious Vice President Dick Cheney will threaten Senator Bob Graham (D-FL) with termination of the White House’s cooperation with the 9/11 Congressional inquiry unless Graham and his House Intelligence Committee counterpart, Porter Goss (R-FL), push for an investigation (see June 20, 2002). Shelby will deny any involvement in the leak (see August 5, 2004).

Entity Tags: National Security Agency, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Al-Qaeda, Dana Bash, Michael Hayden, Richard Shelby, Senate Intelligence Committee, USA Today, Washington Post, Porter J. Goss, Richard (“Dick”) Cheney, Fox News

Timeline Tags: Complete 911 Timeline

Category Tags: Media Freedoms, Government Classification, Other Surveillance

Vice President Dick Cheney phones Senate Intelligence Committee chairman Bob Graham (D-FL). Cheney’s call comes early in the morning, and Graham takes it while still shaving. Cheney is agitated; he has just read in the newspaper that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack. But, the story continues, the intercepts were not translated until September 12, the day after the 9/11 attacks (see September 10, 2001). Cheney is enraged that someone leaked the classified information from the NSA intercepts to the press. As a result, Cheney says, the Bush administration is considering terminating all cooperation with the joint inquiry by the Senate and House Intelligence Committees on the government’s failure to predict and prevent the attacks (see September 18, 2002). (Graham co-chairs the inquiry.) Classified records would no longer be made available to the committees, and administration witnesses would not be available for interviews or testimony. Furthermore, Cheney says, unless the committee leaders take action to find out who leaked the information, and more importantly, take steps to ensure that such leaks never happen again, President Bush will tell the citizenry that Congress cannot be trusted with vital national security secrets. “Take control of the situation,” Cheney tells Graham. The senator responds that he, too, is frustrated with the leaks, but Cheney is unwilling to be mollified.
Quick Capitulation - At 7:30 a.m., Graham meets with the chairman of the House Intelligence Committee, Porter Goss (R-FL), and the ranking members of the committees, Senator Richard Shelby (R-AL, who will later be accused of leaking the information) and Nancy Pelosi (D-CA). They decide to request that the Justice Department conduct a criminal inquiry into whether anyone on either committee, member or staffer, leaked the information to the press. One participant in the meeting later says, “It was a hastily made decision, made out of a sense of panic… and by people with bleary eyes.” Another person involved in the decision later recalls: “There was a real concern that any meaningful oversight by Congress was very much at stake. The political dynamic back then—not that long after September 11—was completely different. They took Cheney’s threats very seriously.” In 2007, reporter Murray Waas will observe that Cheney and other administration officials saw the leak “as an opportunity to undercut Congressional oversight and possibly restrict the flow of classified information to Capitol Hill.”
Graham: Congress Victimized by White House 'Set Up' - In 2007, after his retirement from politics, Graham will say: “Looking back at it, I think we were clearly set up by Dick Cheney and the White House. They wanted to shut us down. And they wanted to shut down a legitimate Congressional inquiry that might raise questions in part about whether their own people had aggressively pursued al-Qaeda in the days prior to the September 11 attacks. The vice president attempted to manipulate the situation, and he attempted to manipulate us.… But if his goal was to get us to back off, he was unsuccessful.” Graham will add that Goss shared his concerns, and say that in 2003, he speculates to Goss that the White House had set them up in order to sabotage the joint inquiry; according to Graham, Goss will respond, “I often wondered that myself.” Graham will go on to say that he believes the NSA leak was not only promulgated by a member of Congress, but by White House officials as well; he will base his belief on the fact that Washington Post and USA Today reports contain information not disclosed during the joint committee hearing. “That would lead a reasonable person to infer the administration leaked as well,” he will say, “or what they were doing was trying to set us up… to make this an issue which they could come after us with.”
White House Goes Public - The same day, White House press secretary Ari Fleischer tells reporters, “The president [has] very deep concerns about anything that would be inappropriately leaked that could… harm our ability to maintain sources and methods and anything else that could interfere with America’s ability to fight the war on terrorism.”
Investigation Will Point to Senate Republican - An investigation by the Justice Department will determine that the leak most likely came from Shelby, but Shelby will deny leaking the intercepts, and the Senate Ethics Committee will decline to pursue the matter (see August 5, 2004). [National Journal, 2/15/2007]

Entity Tags: National Security Agency, George W. Bush, Bush administration (43), Daniel Robert (“Bob”) Graham, Ari Fleischer, House Intelligence Committee, Nancy Pelosi, Senate Ethics Committee, Senate Intelligence Committee, Richard Shelby, Richard (“Dick”) Cheney, Porter J. Goss, US Department of Justice, Murray Waas

Timeline Tags: Complete 911 Timeline

Category Tags: Media Freedoms, Government Classification, Other Surveillance

The State Department’s propaganda office, closed in 1996, is reopened. Called the Counter-Disinformation/Misinformation Team, this office supposedly only aims its propaganda overseas to counter propaganda from other countries. [Associated Press, 3/10/2003]

Entity Tags: Counter-Disinformation/Misinformation Team, US Department of State

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Domestic Propaganda

Category Tags: Media Freedoms

This Homeland Security department logo of an eye peeking
through a keyhole was copyrighted but apparently not used.
This Homeland Security department logo of an eye peeking through a keyhole was copyrighted but apparently not used. [Source: Public domain]President Bush signs legislation creating the Department of Homeland Security. Homeland Security Director Tom Ridge is promoted to secretary of homeland security. The department will consolidate nearly 170,000 workers from 22 agencies, including the Coast Guard, the Secret Service, the federal security guards in airports, and the Customs Service. [New York Times, 11/26/2002; Los Angeles Times, 11/26/2002] However, the FBI and CIA, the two most prominent anti-terrorism agencies, will not be part of it. [New York Times, 11/20/2002] The department wants to be active by March 1, 2003, but “it’s going to take years to integrate all these different entities into an efficient and effective organization.” [New York Times, 11/20/2002; Los Angeles Times, 11/26/2002] Some 9/11 victims’ relatives are angry over sections inserted into the legislation at the last minute. Airport screening companies will be protected from lawsuits filed by family members of 9/11 victims. Kristen Breitweiser, whose husband died in the World Trade Center, says: “We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It’s just a slap in the face to the victims.” [New York Times, 11/26/2002] The legislation creating the new department contains sweeping new powers for the executive branch that go largely unremarked on by the media. The White House and the departments under its control can now withhold from the public vast amounts of information about “critical infrastructure,” such as emergency plans for major industrial sites, and makes the release of such information a criminal offense. The explanation is that keeping this information out of terrorist hands will prevent them from creating a “road map” for planning attacks; what is much less discussed is how little the public can now know about risky practices at industrial sites in their communities. [Savage, 2007, pp. 110]

Entity Tags: US Coast Guard, US Department of Homeland Security, US Customs Service, US Secret Service, George W. Bush, Kristen Breitweiser, Bush administration (43), Central Intelligence Agency, Federal Bureau of Investigation, Relatives of September 11 Victims, Tom Ridge

Timeline Tags: Complete 911 Timeline

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Expansion of Presidential Power, Government Classification

The Justice Department posts on its Web site a heavily redacted copy of a report it had commissioned about its own record of racial diversity in the workplace. Half of the report’s 186 pages are censored, including the summary and conclusions. Russ Kick, the author and First Amendment activist who maintains the Web site “The Memory Hole,” downloads the report and realizes that he can digitally remove the redaction lines to read the report in its entirety. When he does so, he realizes that most of the redactions are to hide reports from minority lawyers at the department, who have filed numerous complaints claiming work conditions rife with “stereotyping, harassment, and racial tension.” When Kick posts the unredacted version of the Justice Department document, civil rights experts and Congressional Democrats accuse the department of trying to hide its findings to avoid culpability and negative publicity. But the department claims that the portions of the report that were redacted, including the conclusions, were “deliberative and predecisional,” and therefore legal to exclude under the Freedom of Information Act. [Russ Kick, 10/21/2003; Savage, 2007, pp. 105]

Entity Tags: US Department of Justice, Russ Kick

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

David Ottaway.David Ottaway. [Source: AAAS.org]According to the Oregon branch of the Islamic charitable organization the Al-Haramain Islamic Foundation, Washington Post reporter David Ottaway receives a classified document that is evidence of illegal surveillance by the National Security Agency. The document shows that the NSA illegally intercepted telephone conversations and e-mails between Al Haramain officials in Oregon and Washington, DC. The document, dated May 24, 2004 and marked “Top Secret,” is accidentally provided to Al Haramain by Treasury Department officials that same month; Al Haramain quickly turns the document over to Ottoway, who is researching Islamic groups and individuals labeled as terrorists by the US government and are attempting to prove their innocence. Instead of reporting on the document, Ottaway will return it to the FBI when that organization demands it back in November 2004. In February 2006, Al Haramain will sue the Bush administration for illegally spying on it (see February 28, 2006) as part of its warrantless wiretapping program (see After September 11, 2001 and December 15, 2005). The Treasury Department has been investigating the charitable organization for possible ties to terrorism, and designated the group as a terrorist organization. The FBI will approach the organization and then Ottaway himself, demanding that all copies of the document be returned and threatening them with prosecution if the contents are revealed. Ottaway will consult with Post editors and lawyers, who will conclude, according to Ottaway, “that it was not relevant to what I was working on at the time.” Post executive editor Leonard Downie, Jr., will defend the decision, saying, “At the time we had this document, it was before we had any knowledge of the eavesdropping program. Without that knowledge, the document provided no useful information. At the time, all we knew was that this document was not relevant to David’s reporting.” [Washington Post, 3/3/2006]

Entity Tags: US Department of the Treasury, Washington Post, Leonard Downie, Jr., Al Haramain Islamic Foundation (Oregon branch), Bush administration (43), National Security Agency, David Ottaway, Federal Bureau of Investigation

Timeline Tags: Domestic Propaganda

Category Tags: Media Freedoms, Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, NSA Wiretapping / Stellar Wind, Media Involvement and Responses

The press reports that according to a Justice Department investigation, Senator Richard Shelby (R-AL), then the ranking Republican on the Senate Intelligence Committee, leaked highly classified information to Fox News reporter Carl Cameron regarding al-Qaeda communications in the hours before 9/11 (see June 19, 2002). After Vice President Dick Cheney threatened the then-chairman of the Senate Intelligence Committee, Bob Graham (D-FL—see June 20, 2002), Graham and then-House Intelligence Committee chairman Porter Goss (R-FL) pushed for a Justice Department investigation into the leak. Though the FBI and the US Attorney’s Office conducted a probe, and even empaneled a grand jury, the Justice Department decided not to prosecute anyone, and instead turned Shelby’s name over to the Senate Ethics Committee, which will decline to pursue charges against him. Shelby states that he did not leak any classified information to anyone, and says he has never been informed of any specific allegations. The FBI demanded that 17 senators turn over phone records, appointment calendars, and schedules. One Senate Intelligence Committee staffer told the FBI that Shelby had leaked the information to show the shortcomings of the intelligence community in general and CIA Director George Tenet in particular. Though two senior Justice Department officials, then-Deputy Attorney General Larry Thompson and then-criminal division chief Michael Chertoff, refused to approve subpoenas for journalists, Cameron confirmed to FBI investigators that he was a recipient of Shelby’s leak. He also told investigators that he saw Shelby talking with CNN’s Dana Bash; after Shelby’s discussion with Bash, Cameron divulged the information Shelby had leaked to her, and CNN broadcast the story a half-hour after the conversations. Cameron told FBI agents he was irritated that Shelby had shared the same information with a competitor, and added that he delayed broadcasting the story because he wanted to ensure that he was not compromising intelligence sources and methods. Cameron was never subpoenaed and did not testify under oath. Bash refused to cooperate with the investigation. [Washington Post, 8/5/2004; National Journal, 2/15/2007]

Entity Tags: Larry D. Thompson, Dana Bash, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Federal Bureau of Investigation, George J. Tenet, Richard (“Dick”) Cheney, US Department of Justice, Michael Chertoff, Porter J. Goss, Fox News, Richard Shelby, Senate Ethics Committee, Senate Intelligence Committee

Timeline Tags: Complete 911 Timeline

Category Tags: Media Freedoms, Government Classification, Other Surveillance, Media Involvement and Responses

Arthur Sulzberger.Arthur Sulzberger. [Source: New York Times]George W. Bush summons New York Times publisher Arthur Sulzberger and Times editor Bill Keller to the Oval Office to try to dissuade them from running a landmark story revealing the NSA’s illegal wiretapping program (see December 15, 2005) that he authorized in 2002 (see Early 2002). In the meeeting, Bush warns Sulzberger and Keller that “there’ll be blood on your hands” if another terrorist attack were to occur, obviously implying that to reveal the nature of the program would invite terrorist strikes. Bush is unsuccessful in his attempt to quash the story. [Newsweek, 12/21/2005; Newsweek, 12/22/2008]

Entity Tags: New York Times, Arthur Sulzberger, George W. Bush, National Security Agency, Bill Keller

Category Tags: Media Freedoms, Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, NSA Wiretapping / Stellar Wind, Media Involvement and Responses

President Bush acknowledges that he issued a 2002 executive order authorizing the National Security Agency (NSA) to wiretap US citizens’ phones and e-mails without proper warrants, and accuses the New York Times of jeopardizing national security by publishing its December 15 article (see Early 2002 and December 15, 2005). Bush says he was within the law to issue such an order, which many feel shatters fundamental Constitutional guarantees of liberty and privacy, but accuses the Times of breaking the law by publishing the article. Bush tells listeners during his weekly radio address that the executive order is “fully consistent” with his “constitutional responsibilities and authorities.” But, he continues, “Yesterday the existence of this secret program was revealed in media reports, after being improperly provided to news organizations. As a result, our enemies have learned information they should not have, and the unauthorized disclosure of this effort damages our national security and puts our citizens at risk.” He admits allowing the NSA to “to intercept the international communications of people with known links to al-Qaeda and related terrorist organizations” in a program designed to “detect and prevent terrorist attacks.” Under the law, the NSA must obtain warrants from the Foreign Intelligence Surveillance Act (FISA) Court, but after Bush’s executive order, it was no longer required to do so. Bush justifies the order by citing the example of two 9/11 hijackers, Khalid Almihdhar and Nawaf Alhazmi, who, he says, “communicated while they were in the United States to other members of al-Qaeda who were overseas, but we didn’t know they were here until it was too late.” Because of the unconstitutional wiretapping program, it is “more likely that killers like these 9/11 hijackers will be identified and located in time, and the activities conducted under this authorization have helped detect and prevent possible terrorist attacks in the United States and abroad.” Bush also admits to reauthorizing the program “more than thirty times,” and adds, “I intend to do so for as long as our nation faces a continuing threat from al-Qaeda and related groups.” [CNN, 12/16/2005] Bush fails to address the likelihood that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: National Security Agency, George W. Bush, Khalid Almihdhar, Foreign Intelligence Surveillance Act, Nawaf Alhazmi, Al-Qaeda

Category Tags: Patriot Act, Privacy, Impositions on Rights and Freedoms, NSA Wiretapping / Stellar Wind, Media Involvement and Responses, Media Freedoms

Jonathan Alter.Jonathan Alter. [Source: Publicity photo via Greater Talent Network]Reporter and political pundit Jonathan Alter writes that President Bush’s attempt to kill the New York Times domestic wiretapping story (see December 15, 2005 and December 6, 2005), which the Times delayed for over a year at the White House’s request, is not an attempt to protect national security, as Bush will say in his response to the article (see December 17, 2005), but “because he knew that it would reveal him as a law-breaker.” Alter continues, “He insists he had ‘legal authority derived from the Constitution and Congressional resolution authorizing force.’ But the Constitution explicitly requires the president to obey the law. And the post-9/11 congressional resolution authorizing ‘all necessary force’ in fighting terrorism was made in clear reference to military intervention. It did not scrap the Constitution and allow the president to do whatever he pleased in any area in the name of fighting terrorism.” Alter is puzzled that Bush felt the need for the program when the 1978 Foreign Intelligence Surveillance Act (see 1978) “allows the government to eavesdrop on its own, then retroactively justify it to the court, essentially obtaining a warrant after the fact.” Alter says that only four of “tens of thousands” of FISA requests have ever been rejected, and, “There was no indication the existing system was slow—as the president seemed to claim in his press conference—or in any way required extra-constitutional action.” He concludes: “[Bush] knew publication would cause him great embarrassment and trouble for the rest of his presidency. It was for that reason—and less out of genuine concern about national security—that George W. Bush tried so hard to kill the New York Times story. …We’re seeing clearly now that Bush thought 9/11 gave him license to act like a dictator, or in his own mind, no doubt, like Abraham Lincoln during the Civil War.” [Newsweek, 12/21/2005]

Entity Tags: Abraham Lincoln, Bush administration (43), National Security Agency, New York Times, George W. Bush, Foreign Intelligence Surveillance Court, Foreign Intelligence Surveillance Act, Jonathan Alter

Category Tags: Media Freedoms, Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, NSA Wiretapping / Stellar Wind, Media Involvement and Responses

The Justice Department opens an investigation into the leak of classified information about the Bush domestic surveillance program. The investigation focuses on disclosures to the New York Times about the secret warrantless wiretapping program conducted by the National Security Agency since shortly after the 9/11 attacks (see Early 2002). The White House claims that the Justice Department initiated the investigation on its own after receiving a request from the NSA, and that it was not even informed of the investigation until the decision had already been made. But White House spokesman Trent Duffy hails the investigation, and implicitly accuses the Times of aiding and abetting terrorists by printing its stories. “The leaking of classified information is a serious issue,” Duffy says. “The fact is that al-Qaeda’s playbook is not printed on Page One, and when America’s is, it has serious ramifications.” [Associated Press, 12/30/2005] President Bush fuels the attack on the Times when he says, “The fact that we’re discussing this program is helping the enemy.” [New York Times, 12/30/2005] Many outside of the administration have accused the wiretapping program, which functions without external oversight or court warrants, of being illegal, and Bush of breaking the law by authorizing it. Administration officials insist that Bush has the power to make such a decision, both under the Constitution’s war powers provision and under the post-9/11 Congressional authorization to use military force against terrorism, even though, as former Senate Majority Leader Tom Daschle recalls, Congress explicitly refused to give Bush the authority to take military action inside the US itself (see December 21-22, 2005). And, in a recent letter to the chairs of the House and Senate Intelligence Committees, the White House claimed that the nation’s security needs outweigh the needs of the citizenry to be secure from secret government surveillance. [Associated Press, 12/30/2005] Others disagree. The American Civil Liberties Union’s Anthony Romero says, “President Bush broke the law and lied to the American people when he unilaterally authorized secret wiretaps of US citizens. But rather than focus on this constitutional crisis, Attorney General [Alberto] Gonzales is cracking down on critics of his friend and boss. Our nation is strengthened, not weakened, by those whistle-blowers who are courageous enough to speak out on violations of the law.” And Marc Rotenberg, the executive director of the Electronic Privacy Information Center, says the NSA should be the focus of an investigation to determine if it broke federal surveillance laws. Tom Devine of the Government Accountability Project suggests a middle course. His group does not object to a limited investigation into the leak of classified information, but, he says, if the administration does “a blanket witch hunt, which I fear, it would trample all over good government laws” designed to protect government workers who expose wrongdoing. “The whole reason we have whistle-blower laws is so that government workers can act as the public’s eyes and ears to expose illegality or abuse of power.” [New York Times, 12/30/2005] Ultimately, this leak investigation may not achieve much, according to law professor Carl Tobias. “It doesn’t seem to me that this leak investigation will take on the importance of the Plame case,” Tobias says. “The bigger story here is still the one about domestic spying and whether the president intends, as he said, to continue doing it.” [Washington Post, 12/31/2005]

Entity Tags: Anthony D. Romero, Tom Devine, Trent Duffy, American Civil Liberties Union, Al-Qaeda, Tom Daschle, Senate Intelligence Committee, US Department of Justice, National Security Agency, Carl Tobias, Electronic Privacy Information Center, Alberto R. Gonzales, New York Times, Government Accountability Project, George W. Bush, Marc Rotenberg, House Intelligence Committee

Category Tags: Media Freedoms, Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, NSA Wiretapping / Stellar Wind

Senator Pat Roberts (R-KS), the chairman of the Senate Intelligence Committee, praises the CIA’s firing of official Mary McCarthy for allegedly leaking classified information to the press (see April 21, 2006), saying that “unauthorized disclosures of classified information can significantly harm our ability to protect the American people.” Roberts, who has consistently supported the Bush administration’s efforts to control and limit the flow of sensitive information to the press, says: “Those who leak classified information not only risk the disclosure of intelligence sources and methods, but also expose the brave men and women of the intelligence community to greater danger. Clearly, those guilty of improperly disclosing classified information should be prosecuted to the fullest extent of the law.” He adds that he is “pleased that the Central Intelligence Agency has identified the source of certain unauthorized disclosures, and I hope that the agency, and the [intelligence] community as a whole, will continue to vigorously investigate other outstanding leak cases.” However, Roberts may be guilty of a far more serious intelligence leak than anything McCarthy is accused of doing. Three years before, on the eve of the US invasion of Iraq, he disclosed classified intelligence information that impaired the US military’s attempts to capture Saddam Hussein (see March 20, 2003). Four former intelligence officials contrast Roberts’s disclosure of classified information with McCarthy’s, and note that her firing is an example of how “rank and file” intelligence professionals have much to fear from legitimate and even inadvertent contacts with journalists, while senior executive branch officials and members of Congress are almost never held accountable when they seriously breach national security through leaks of information. One former intelligence official who was involved in numerous leak investigations says: “On a scale of one to 10, if Mary McCarthy did what she is accused of doing, it would be at best a six or seven. What Pat Roberts did, from a legal and national security point of view, was an 11.” Another former intelligence official says that in her authorized interviews with reporters: “Mary might have said something or disclosed something inadvertently, which is exactly Roberts’ defense. The only difference between them is that Pat Roberts is the chairman of the Senate Intelligence Committee, and Mary is somebody that they are using to set an example.” A third foreign intelligence official says that the Bush administration vigorously pursues “leaks and leakers they don’t like, while turning a blind eye to those they do like, or [leaks] they do themselves.” If this continues, the official warns, it will set a “dangerous precedent in that any president will be able to control the flow of information regarding any policy dispute.… When historians examine this, they will see that is how we got into war with Iraq.” [National Journal, 4/25/2006]

Entity Tags: Central Intelligence Agency, Bush administration (43), Senate Intelligence Committee, Mary McCarthy, Pat Roberts

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Government Classification

Attorney General Alberto Gonzales says that the government has the right to prosecute journalists for publishing classified information. “There are some statutes on the book which, if you read the language carefully, would seem to indicate that that is a possibility,” he says during an ABC News interview. “That’s a policy judgment by the Congress in passing that kind of legislation. We have an obligation to enforce those laws. We have an obligation to ensure that our national security is protected.” Asked if he is considering prosecuting the New York Times for revealing the Bush administration’s warrantless wiretapping program (see December 15, 2005), Gonzales says the Justice Department is trying to determine “the appropriate course of action in that particular case.” He continues: “I’m not going to talk about it specifically. We have an obligation to enforce the law and to prosecute those who engage in criminal activity.” Experts believe that Gonzales is probably referring to the 1917 Espionage Act, which prohibits government officials from passing classified information to anyone without proper clearance; those same experts say that the Espionage Act was never intended to apply to the press. Furthermore, journalists are protected from such prosecution by the First Amendment. Gonzales says that while the Bush administration respects the right of freedom of the press, “it can’t be the case that that right trumps over the right that Americans would like to see, the ability of the federal government to go after criminal activity.” [New York Times, 5/22/2006] Thirty years ago, then-White House chief of staff Dick Cheney recommended such prosecution against a journalist who revealed the existence of a Cold War-era submarine program (see May 25, 1975). In 2007, reporter and author Charlie Savage will write that in 1975, the attorney general had scuttled the idea. Now, the attorney general is embracing the idea. [Savage, 2007, pp. 175-176]

Entity Tags: US Department of Justice, Alberto R. Gonzales, Bush administration (43), New York Times, Charlie Savage, Richard (“Dick”) Cheney

Category Tags: Freedom of Speech / Religion, Impositions on Rights and Freedoms, Media Freedoms, Expansion of Presidential Power, Government Classification, Media Involvement and Responses

Wired News logo.Wired News logo. [Source: Delve Networks]Evan Hansen, the editor in chief of Wired News, an online technical news site, explains why the site published a set of documents from AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009). Klein is working with the Electronic Frontier Foundation (EFF) in that organization’s lawsuit against AT&T for invading its customers’ privacy by taking part in the National Security Agency’s warrantless domestic wiretap operation (see January 31, 2006). The presiding judge, Vaughn Walker, has denied requests from the EFF and a number of news organizations to unseal the documents and make them public. For its part, AT&T wants the documents to remain sealed, claiming they are proprietary and that it would suffer harm if they were disclosed (see April 6-8, 2006). Hansen and the Wired News senior staff disagree. “In addition,” Hansen writes, “we believe the public’s right to know the full facts in this case outweighs AT&T’s claims to secrecy.” Hansen erroneously says that the documents seem “to be excerpted from material that was later filed in the lawsuit under seal,” though “we can’t be entirely sure, because the protective order prevents us from comparing the two sets of documents.” Klein later writes that the Wired News staff “confused my 2004 memo (see January 16, 2004) with my court-sealed legal declaration” (see February 23-28, 2006); even so, Klein will write, “it was true that all of the AT&T documents were still under court seal.” Hansen says Wired News reporter Ryan Singel received the Klein documents from “an anonymous source close to the litigation.” Hansen also writes: “We are filing a motion to intervene in the case in order to request that the court unseal the evidence, joining other news and civil rights organizations that have already done so, including the EFF, the San Francisco Chronicle, the Los Angeles Times, the San Jose Mercury News, the Associated Press, and Bloomberg. Before publishing these documents we showed them to independent security experts, who agreed they pose no significant danger to AT&T. For example, they do not reveal information that hackers might use to easily attack the company’s systems.” Hansen writes that Wired’s publication of the documents does not violate Walker’s gag order concerning the documents’ publication, as the order specifically bars the EFF and its representatives—and no one else—from publishing or discussing them. “The court explicitly rejected AT&T’s motion to include Klein in the gag order and declined AT&T’s request to force the EFF to return the documents,” he notes (see May 17, 2006). [Wired News, 5/22/2006; Klein, 2009, pp. 75]

Entity Tags: Vaughn Walker, AT&T, Electronic Frontier Foundation, Evan Hansen, Mark Klein, Ryan Singel, Wired News, National Security Agency

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Privacy, Court Procedures and Verdicts, NSA Wiretapping / Stellar Wind, Media Involvement and Responses

At a campaign luncheon for Representative Scott Garrett (R-NJ), Vice President Dick Cheney lambasts the New York Times for reporting information that the administration wants kept secret. “Some in the press, in particular the New York Times, have made it harder to defend America against attack by insisting on publishing detailed information about vital national security programs,” he says. “First they reported the terrorist surveillance program (see March 2002), which monitors international communications when one end is outside the United States and one end is connected with or associated with al-Qaeda. Now the Times has disclosed the terrorist financial tracking program. On both occasions, the Times had been asked not to publish those stories by senior administration officials (see December 15, 2005). They went ahead anyway. The leaks to the New York Times and the publishing of those leaks is very damaging to our national security. The ability to intercept al-Qaeda communications and to track their sources of financing are essential if we’re going to successfully prosecute the global war on terror. Our capabilities in these areas help explain why we have been so successful in preventing further attacks like 9/11. And putting this information on the front page makes it more difficult for us to prevent future attacks. Publishing this highly classified information about our sources and methods for collecting intelligence will enable the terrorists to look for ways to defeat our efforts. These kinds of stories also adversely affect our relationships with people who work with us against the terrorists. In the future, they will be less likely to cooperate if they think the United States is incapable of keeping secrets.” [White House, 6/30/2006]

Entity Tags: Scott Garrett, New York Times, Richard (“Dick”) Cheney

Timeline Tags: Domestic Propaganda

Category Tags: Media Freedoms, Expansion of Presidential Power, Media Involvement and Responses

A peaceful antiwar press conference and demonstration in Lafayette Square near the White House is broken up by a phalanx of mounted police officers, who charge the podium, forcibly disperse the participants, and arrest three people on unspecified charges. “The police suppressed the press conference,” says Brian Becker, national organizer for the Act Now to Stop War and End Racism (ANSWER) antiwar coalition organization. “In the middle of the speeches, they grabbed the podium…. Then, mounted police charged the media present to disperse them.” The crowd, of some twenty journalists and four or five protesters, “scatter in terror,” according to a journalist at the scene. Three people are arrested: Tina Richards, whose son served two tours of duty in Iraq; Adam Kokesh, a leader of Iraq Veterans Against the War (IVAW); and ANSWER organizer lawyer Ian Thompson. The small press conference was designed to help prepare for a much larger antiwar demonstration scheduled for September 15. The conference and demonstration may have been broken up over an issue of paste. In August, Washington, DC authorities threatened ANSWER with a $10,000 fine if it didn’t remove posters it had put up throughout the city announcing the September 15 march. The reason: ANSWER used an adhesive that doesn’t meet city regulations. Becker later says that the organizers are actually demonstrating to journalists that the paste they use conforms to city regulations when the police charge. Becker says, “At our demonstration today we were showing the media that the paste we use conforms to the rules. One of our activists was making a speech when the police barged in and grabbed the podium. At that point, Tina Richards started to put up a poster, so they arrested her and two others.” Becker calls the police dispersal a “strategy of suppression” against antiwar demonstrators. ANSWER’s protest is scheduled to coincide with the release of a much-anticipated report on Iraq by US military commander General David Petraeus. [Agence France-Presse, 9/6/2007]

Entity Tags: Tina Richards, Act Now to Stop War and End Racism, Adam Kokesh, Brian Becker, David Petraeus, Ian Thompson, Iraq Veterans Against the War

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

YouTube logo.YouTube logo. [Source: YouTube.com]Senator Joseph Lieberman (D-CT), the chairman of the Senate Homeland Security and Governmental Affairs Committee, asks Google, the parent company of the online video-sharing site YouTube, to “immediately remove content produced by Islamist terrorist organizations” from YouTube and prevent similar content from reappearing. The company refuses Lieberman’s request. Lieberman writes a letter to Eric Schmidt, the CEO and chairman of Google, saying in part that YouTube “unwittingly, permits Islamist terrorist groups to maintain an active, pervasive and amplified voice despite military setbacks or successful operations by the law enforcement and intelligence communities.” Lieberman also asks that Google identify changes it plans to make in YouTube’s community guidelines and delineate exactly what it will do to enforce those guidelines. Lieberman says removing such content ought to be “a straightforward task since so many of the Islamist terrorist organizations brand their material with logos or icons identifying their provenance.” However, YouTube responds by saying that taking such actions is not as simple as Lieberman believes, and refuses to remove any videos from anyone without consideration as to whether the videos are legal, nonviolent, or non-hate speech videos. “While we respect and understand his views, YouTube encourages free speech and defends everyone’s right to express unpopular points of view,” the company says. YouTube has removed a few videos that Lieberman identified last week after determining that the individual videos violated the company’s community guidelines. However, “most of the videos, which did not contain violent or hate speech content, were not removed because they do not violate our Community Guidelines,” the company says. Lieberman’s committee recently released a report that indicated some Islamist terrorist groups used Internet chat rooms, message boards, and Web sites to help recruit and indoctrinate members, and to communicate with one another. Some critics have said that the committee’s report unfairly singles out Muslims as possible extremists. Additionally, civil libertarians and privacy activists speak out against what they see as Lieberman’s attempt to restrain freedom of speech. John Morris of the Center for Democracy and Technology says that Lieberman’s request is a practical impossibility; worse, to have sites such as YouTube pre-screen content would radically change how the Internet is used, he says. “The government can’t get involved in suppressing videos if the content is not illegal.” [Federal Computer Weekly, 5/19/2008; US Senate, 5/19/2008; YouTube, 5/19/2008]

Entity Tags: John Morris, Center for Democracy and Technology, Eric Schmidt, Google, Senate Homeland Security and Governmental Affairs Committee, YouTube, Joseph Lieberman

Category Tags: Media Freedoms, Privacy, Impositions on Rights and Freedoms

Conservative pundit Ann Coulter tells a New York Times reporter that the editorial staff of the Times—which she brands the “Treason Times”—should have been executed for treason for revealing the Bush administration’s warrantless wiretapping program (see December 15, 2005). Coulter responded to a set of questions e-mailed to her regarding her upcoming debates with political satirist Bill Maher. Asked if she believes she speaks for the conservative movement, for her own fan base, or someone else, she answers, “I think I speak for all Americans who think newspaper editors who print the details of top secret anti-terrorist intelligence gathering programs on page one in wartime should be executed for treason.” [New York Times, 3/9/2009]

Entity Tags: New York Times, Ann Coulter, Bush administration (43)

Timeline Tags: Domestic Propaganda

Category Tags: Media Freedoms, NSA Wiretapping / Stellar Wind

FBI special agent and whistleblower Robert G. Wright Jr. wins the right to publish most of the information over which he has been fighting the FBI in court for nearly seven years (see May 9, 2002). US District Court Judge Gladys Kessler rules that Wright can publish most of the information in his 500-page manuscript, all of the information in two complaints he had filed with the Department of Justice Office of Inspector General regarding the FBI’s handling of terrorism investigations, and his answers to New York Times reporter Judith Miller’s questions. Kessler also rules that Wright’s colleague and co-plaintiff, FBI Special Agent John Vincent, can publish his answers to Miller’s questions.
Judge Repeatedly Faults FBI - In her 41-page memorandum opinion, Kessler repeatedly finds fault with the FBI. The preface to the opinion summarizes the proceedings and the related issues in this way: “This is a sad and discouraging tale about the determined efforts of the FBI to censor various portions of a 500-page manuscript, written by a former long-time FBI agent, severely criticizing the FBI’s conduct of the investigation of a money laundering scheme in which United States-based members of the Hamas terrorist organization were using non-profit organizations in this country to recruit and train terrorists and fund terrorist activities both here and abroad. The FBI also sought to censor answers given by both plaintiffs to a series of written questions presented to them by a New York Times reporter concerning Wright’s allegations about the FBI’s alleged mishandling of the investigation. In its efforts to suppress this information, the FBI repeatedly changed its position, presented formalistic objections to release of various portions of the documents in question, admitted finally that much of the material it sought to suppress was in fact in the public domain and had been all along, and now concedes that several of the reasons it originally offered for censorship no longer have any validity. Unfortunately, the issues of terrorism and of alleged FBI incompetence remain as timely as ever.” [Memorandum Opinion: Wright, v. FBI (PDF), 5/6/2009 pdf file]
A 'Pyrrhic Victory' for Wright - Reporting on the case for Politico, Josh Gerstein will call the outcome “a pyrrhic victory for [Wright], since the passage of time appears to have diminished the market for his book.” Gerstein will quote one of Wright and Vincent’s lawyers, Paul Orfanedes of Judical Watch, as saying, “It’s a perfect example of how delaying somebody’s ability to publish is a clear violation of their rights.” Gerstein will also report, “Orfanedes said Wright’s book ‘might be made public in a reduced format,’ but that the group’s main hope now was to expose how the government system for pre-publication reviews of books by FBI, CIA, and other national security-related officials, is dysfunctional.” [Politico, 5/11/2009]
FBI Attempts to Censor Judge's Memorandum Opinion and Fails - In an ironic twist, an FBI demand for redaction of a portion of Kessler’s memorandum opinion calls attention to that portion of the text, which is easily readable due to improper redaction technique; the text under the blacked out portion can be copied and pasted. The redacted portion is an FBI argument for why a portion of Wright’s manuscript must be redacted. It reads, “[D]isclosure of the location and use of this infrastructure could allow individuals to survey, attempt to penetrate, or disrupt the activities that take place in the infrastructure.” It is unclear why the FBI believes that a general reference to sensitive infrastructure is sensitive in itself. [Memorandum Opinion: Wright, v. FBI (PDF), 5/6/2009 pdf file; Memorandum Opinion: Wright, v. FBI (PDF), 5/6/2009; Memorandum Opinion: Wright, v. FBI (PDF), 5/6/2009]

Entity Tags: John Vincent, Gladys Kessler, Federal Bureau of Investigation, Office of Inspector General (Justice Department), Josh Gerstein, Judith Miller, Paul Orfanedes, Robert G. Wright, Jr.

Timeline Tags: Complete 911 Timeline

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Court Procedures and Verdicts, Government Acting in Secret

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

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

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.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike