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Complete 911 Timeline

Counterterrorism Policy/Politics After 9/11

Project: Complete 911 Timeline
Open-Content project managed by matt, Derek, Paul, KJF, mtuck, paxvector

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CIA official Michael Scheuer will later say, “Clearly, by 2002 in the springtime, it was almost taken for granted that we were going to go to war with Iraq, in addition to having missed Osama bin Laden. It was a nightmare, and I know [CIA Director] Tenet was briefed repeatedly by the head of the bin Laden department that any invasion of Iraq would break the back of our counterterrorism program.” [PBS Frontline, 6/20/2006] Scheuer was head of the CIA’s bin Laden unit in the late 1990s and also leads a review of CIA intelligence on possible Iraq-al-Qaeda ties before the 2003 Iraq war (see (Before March 18, 2003)).

Entity Tags: Central Intelligence Agency, George J. Tenet, Michael Scheuer

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: Counterterrorism Policy/Politics, Iraq War Impact on Counterterrorism

ABC News will later report that the first CIA secret prison is established in Thailand at this time to house Abu Zubaida, the first important al-Qaeda target who is captured at this time (see March 28, 2002). President Bush had recently authorized the creation of CIA prisons (see After February 7, 2002). After being captured in Pakistan and treated for gunshot wounds, Zubaida is flown to Thailand around the middle of April 2002 and housed in a small warehouse inside a US military base. He is waterboarded and interrogated (Mid-May 2002 and After). Later other secret prisons will open in other countries, such as Poland and Romania. [ABC News, 12/5/2005] This prison in Thailand apparently will close some time in 2003. [Washington Post, 11/2/2005] Some reports place the secret prison at the Voice of America relay station near the north-eastern Thai city of Udon Thani close to the border of Laos, but this is unconfirmed. [Sydney Morning Herald, 11/5/2005]

Entity Tags: Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Category Tags: Abu Zubaida, Counterterrorism Policy/Politics

An anonymous senior Bush administration official says, as The New Yorker paraphrases it, “Inside government, the reason September 11th appears to have been ‘a transformative moment,’… is not so much that it revealed the existence of a threat of which officials had previously been unaware as that it drastically reduced the American public’s usual resistance to American military involvement overseas, at least for a while.” [New Yorker, 4/1/2002]

Category Tags: US Dominance, Counterterrorism Policy/Politics

In June 2001, Ahmed Alhaznawi visited the emergency room of Holy Cross Hospital in Fort Lauderdale, Florida, and was treated for a skin lesion. He was accompanied by Ziad Jarrah. In October 2001, after a series of mysterious anthrax attacks in the US became front-page news (see October 5-November 21, 2001), the treating doctor told the FBI he recognized the two hijackers and thought the wound was consistent with cutaneous anthrax exposure. However, the FBI discounted the possibility that the anthrax attacks originated with the hijackers or al-Qaeda. In March 2002, the New York Times reports that FBI spokesman John Collingwood “said the possibility of a connection between the hijackers and the anthrax attacks had been deeply explored. ‘This was fully investigated and widely vetted among multiple agencies several months ago… Exhaustive testing did not support that anthrax was present anywhere the hijackers had been.’” [New York Times, 3/23/2002] The FBI is criticized by the neoconservative Weekly Standard for focusing its investigation on a possible domestic perpetrator rather that Iraq or al-Qaeda: “Based on the publicly available evidence, there appears to be no convincing rationale for the FBI’s nearly exclusive concentration on American suspects. And the possibility is far from foreclosed that the anthrax bioterrorist was just who he said he was: a Muslim, impliedly from overseas.” [Weekly Standard, 4/29/2002] In March 2002 it is also reported that US forces in Afghanistan have discovered installations that could have been used by al-Qaeda to produce biological weapons. “US forces recently discovered a site near the southern Afghan city of Kandahar that appeared to be an al-Qaeda biological weapons lab under construction. At the lab, ‘there was evidence of the attempt, by bin Laden, to get his hands on weapons of mass destruction, anthrax, or a variety of others,’ Gen. Tommy Franks, head of the US Central Command, said… in an interview.” [CBS News, 3/23/2002] However, little new evidence will subsequently come out suggesting al-Qaeda was behind the October 2001 anthrax attacks.

Entity Tags: Ahmed Alhaznawi

Timeline Tags: 2001 Anthrax Attacks

Category Tags: Counterterrorism Policy/Politics

The color coded Security Advisory System.The color coded Security Advisory System. [Source: White House]Homeland Security Secretary Tom Ridge announces the implementation of the Homeland Security Advisory System. He describes it as a method “to measure and evaluate terrorist threats and communicate them to the public in a timely manner.” He states that it “empowers government and citizens to take actions to address the threat. It is a system that is equal to the threat.” [White House Office of the Press Secretary, 3/12/2002]

Entity Tags: Tom Ridge, US Department of Homeland Security

Category Tags: Terror Alerts, Counterterrorism Policy/Politics, Internal US Security After 9/11

Larry Thompson.
Larry Thompson. [Source: White House]Serious tensions develop between the FBI and Operation Greenquest investigators in the wake of the Greenquest raid on the SAAR network in March 2002 (see After March 20, 2002). The Customs Department launched Greenquest, an investigation into the financing of al-Qaeda and similar groups, weeks after 9/11. In June 2002, the Washington Post will headline an article, “Infighting Slows Hunt for Hidden al-Qaeda Assets.” [Washington Post, 6/18/2002]
FBI Wants Control of Greenquest - With the creation of the new Department of Homeland Security (see November 25, 2002), the FBI and its parent agency the Justice Department are given a chance to gain total control over Operation Greenquest. Newsweek reports, “Internally, FBI officials have derided Greenquest agents as a bunch of ‘cowboys’ whose actions have undermined more important, long-range FBI investigations into terrorist financing.” Meanwhile: “The FBI-Justice move, pushed by [Justice Department] Criminal Division chief Michael Chertoff and Deputy Attorney General Larry Thompson, has enraged Homeland Security officials.… They accuse the [FBI] of sabotaging Greenquest investigations—by failing to turn over critical information to their agents—and trying to obscure a decade-long record of lethargy in which FBI offices failed to aggressively pursue terror-finance cases. ‘They [the FBI] won’t share anything with us,’ [says] a Homeland Security official. ‘Then they go to the White House and they accuse us of not sharing. If they can’t take it over, they want to kill it.’”
Derails Greenquest's Investigation into Firm with Terrorist Ties - This battle has a large effect on the investigation into Ptech, a Boston-based computer company with ties to suspected terrorist financiers. When Ptech whistleblowers approach the FBI, the FBI “apparently [does] little or nothing in response” (see Shortly After October 12, 2001 and May-December 5, 2002). Then Greenquest launches an investigation in Ptech, which culminates in a raid on the Ptech offices in December 2002 (see December 5, 2002). “After getting wind of the Greenquest probe, the FBI stepped in and unsuccessfully tried to take control of the case. The result, sources say, has been something of a train wreck.” [Newsweek, 4/9/2003]
Greenquest Based on Single FBI Agent's Investigations - Greenquest appears to have been heavily based on the pre-9/11 investigations of FBI agent Robert Wright. The New York Post will report in 2004: “After 9/11, Wright’s work was picked up by David Kane of the US Customs Service, who raided companies owned by [Yassin] al-Qadi, leading to al-Qadi’s designation as a ‘global terrorist’ and to money-laundering indictments of companies in Northern Virginia linked to al-Qadi and Soliman Biheiri (another Wright investigatee). The [Greenquest] indictments rely heavily on Wright’s work.” [New York Post, 7/14/2004]
FBI Will Win Battle for Greenquest - The FBI will eventually win the battle with Homeland Security and Customs, and Greenquest will cease to exist at the end of June 2003 (see May 13-June 30, 2003). [Newsweek, 4/9/2003]

Entity Tags: Operation Greenquest, Larry D. Thompson, Federal Bureau of Investigation, Michael Chertoff, Ptech Inc.

Timeline Tags: 9/11 Timeline

Category Tags: Terrorism Financing, Counterterrorism Policy/Politics

FBI translator Sibel Edmonds is called to the office of Stephanie Bryan, the supervisor of the Bureau’s translation department. While waiting she sees Mike Feghali, who, according to Edmonds, “tap[s] his watch and say[s], ‘In less than an hour you will be fired, you whore.’” A few minutes later, she meets with supervisory special agent Tom Frields who dismisses her on grounds that she violated security procedures. [Vanity Fair, 9/2005] An agent then escorts her out of the building and tells her: “We will be watching you and listening to you. If you dare to consult an attorney who is not approved by the FBI, or if you take this issue outside the FBI to the Senate, the next time I see you, it will be in jail.” [New York Observer, 1/22/2004]

Entity Tags: Mike Feghali, Sibel Edmonds, Thomas Frields, Federal Bureau of Investigation, Stephanie Bryan

Category Tags: Sibel Edmonds, Counterterrorism Policy/Politics

David ManningDavid Manning [Source: Britainusa.com]Britain is accused of falsely claiming the existence of an al-Qaeda biological and chemical weapons laboratory in Afghanistan in order to justify the deployment of Royal Marines to the country. A British government source says that documents found by American soldiers in a cave near the village of Shah-i-Kot indicates that Osama bin Laden had acquired chemical and biological weapons. The source also claimed that American forces had discovered the laboratory in a cave near the city of Gardez earlier this month. These claims are used to justify the deployment of 1,700 Royal Marines. But once these claims are made public, they are strongly denied by the Pentagon and State Department. A US Army official says, “I don’t know what they’re saying in London but we have received no specific intelligence on that kind of development or capability in the Shah-e-Kot valley region - I mean a chemical or biological weapons facility.” British intelligence, military, and Foreign Office sources also deny any knowledge of the claims. The only evidence related to any sort of laboratory was the discovery near Kandahar last December of an abandoned, incomplete building containing medical equipment, which had been previously reported. The source of the claims is eventually identified as an off-the-record briefing by Prime Minister Tony Blair’s senior foreign policy adviser, David Manning. The Prime Minister’s office says it sticks to “the thrust of the story.” It claims that although evidence points to al-Qaeda’s interest in acquiring such weapons, Manning had “not actually told” reporters a laboratory had been found. [Observer, 3/24/2002]

Entity Tags: Pentagon, Geoff Hoon, US Department of State, Foreign Office, Walter Menzies Campbell, Ministry of Defence, David Manning

Category Tags: Counterterrorism Policy/Politics

Abu Zubaida injured, shortly after his arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Abu Zubaida injured, shortly after his arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]After al-Qaeda leader Abu Zubaida is captured on March 28, 2002 (see March 28, 2002), the CIA takes control of his detention and interrogation, but there is no legal clarity over just how aggressive his interrogation can be for several months. [Tenet, 2007, pp. 241] Thereforem the CIA asks the White House “what the legal limits of interrogation are,” according to Justice Department lawyer John Yoo. [Washington Post, 6/25/2007] CIA Director George Tenet will write in his 2007 book: “Now that we had an undoubted resource in our hands—the highest-ranking al-Qaeda official captured to date—we opened discussions within the National Security Council as to how to handle him, since holding and interrogating large numbers of al-Qaeda operatives had never been part of our plan.… We wondered what we could legitimately do to get that information. Despite what Hollywood might have you believe, in situations like this you don’t call in the tough guys, you call in the lawyers. It took until August to get clear guidance on what Agency officers could legally do.” [Tenet, 2007, pp. 241] This is a reference to an August 1, 2002 Justice Department memo legally justifying the use of some interrogations generally deemed to be torture (see August 1, 2002). But it appears Zubaida was subjected to the most extreme interrogation methods the US used, such as waterboarding, well before August 2002 (see Mid-May 2002 and After). However, during this period of uncertainty and into 2003, the CIA gets advice from Michael Chertoff, head of the Justice Department’s criminal division at the time, about which techniques are likely legal and which ones are not (see 2002-2003).

Entity Tags: Michael Chertoff, Abu Zubaida, George J. Tenet, Central Intelligence Agency, John C. Yoo

Timeline Tags: Torture of US Captives

Category Tags: Abu Zubaida, Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

Mohammed Omar Abdul-Rahman.Mohammed Omar Abdul-Rahman. [Source: Public domain]In 2007, NBC News will report that the CIA uses aggressive interrogation techniques on at least 13 high-ranking al-Qaeda detainees between 2002 and 2004. These techniques are first used on Abu Zubaida, captured in March 2002 (see March 28, 2002), and some of the techniques are discontinued in the wake of the Abu Ghraib scandal around the middle of 2004 (see April 28, 2004), which is also around the time the CIA’s Inspector General issues a secret report suggesting many of these techniques could be a violation of an international treaty against torture (see May 7, 2004). Euphemistically called “enhanced interrogation,” these techniques include:
bullet Sleep deprivation.
bullet Exposure to extreme heat and cold.
bullet Confined quarters.
bullet Psychological and physical abuse.
bullet The use of psychotropic drugs.
bullet Waterboarding. However, waterboarding is allegedly only used on about four of the detainees (see May 2002-2003).
All 13 of these detainees will later be transferred to Guantanamo prison to stand trial before a military tribunal there (see September 2-3, 2006). (Two others similarly transferred - Abu Faraj al-Libbi and Abd al-Hadi al-Iraqi - are captured after the Abu Ghraib scandal and thus are not subjected to as many interrogation techniques.) [MSNBC, 9/13/2007] However, there are other “ghost detainees” not officially acknowledged as captured by the US government (see June 7, 2007). Some, like Hassan Ghul, Abdul Rahim al-Sharqawi, and Mohammed Omar Abdul-Rahman, are held in the same secret prison as most of the “official” high-ranking detainees later transferred to Guantanamo, so it would seem likely that aggressive techniques have been used on many of them as well. In 2007, President Bush will sign an executive order allowing the CIA to use most of these aggressive techniques again (see July 2007).

Entity Tags: Mohamad Farik Amin, Majid Khan, Mustafa Ahmed al-Hawsawi, Khallad bin Attash, Ramzi bin al-Shibh, Mohammed Nazir Bin Lep, Khalid Shaikh Mohammed, Mohammed Omar Abdul-Rahman, Hambali, Abdul Rahim al-Sharqawi, Abd al-Rahim al-Nashiri, Abd al-Hadi al-Iraqi, Hassan Ghul, Abu Faraj al-Libbi, Ali Abdul Aziz Ali, Ahmed Khalfan Ghailani, Central Intelligence Agency, Abu Zubaida, Gouled Hassan Dourad

Timeline Tags: Torture of US Captives

Category Tags: High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

In the wake of al-Qaeda leader Abu Zubaida’s arrest (see March 28, 2002), the FBI discovers much useful information (see Shortly After March 28, 2002). FBI agent Dan Coleman leads a team to sort through Zubaida’s computer files and documents. However, at the same time, some US officials come to believe that Zubaida’s prominence in al-Qaeda’s hierarchy has been overestimated. Many FBI officials conclude that he was used as little more than a travel agent for training camp attendees because he was mentally ill. [Suskind, 2006, pp. 94-96, 100]
FBI Agent Coleman: Zubaida Is Mentally Crippled - FBI counterterrorist operative Dan Coleman will go through Zubaida’s journals and other materials seized from his Faisalabad safe house. Coleman will say: “Abu Zubaydah was like a receptionist, like the guy at the front desk [of a hotel]. He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” Because Zubaida is not conversant with al-Qaeda security methods, “[t]hat was why his name had been cropping up for years.” Of Zubaida’s diaries, Coleman will say: “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11. All it does is reveal someone in torment. [Zubaida is physically and mentally crippled from wounds suffered fighting in Afghanistan in the early 1990s.] Based on what I saw of his personality, he could not be what they say he was.” [Vanity Fair, 12/16/2008] Coleman will add: “He knew very little about real operations, or strategy. He was expendable.” Zubaida’s diary evidences his apparent schizophrenia; he wrote it in three different personas, or voices, each with a different and distinctive personality. [Suskind, 2006, pp. 94-96, 100]
Islamist Al-Deen: Importance Overstated? - Noor al-Deen, a Syrian teenager, was captured along with Zubaida. The terrified al-Deen will readily answer questions from his captors, and will describe Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. Al-Deen will be sent to a detention facility in Morocco and later to Syria; his subsequent whereabouts and status will remain unknown to the public. [Washington Post, 3/29/2009]
Informant Says Zubaida Behaved Oddly - Other accounts back up this assessment. For instance, Omar Nasiri, a former informant for European intelligence agencies who met Zubaida in the 1990s, will later describe Zubaida’s odd behavior, saying he “shuffled around his home in near-total darkness, carrying a gas lantern from room to room. He barely spoke and would often communicate by pointing.” [New Yorker, 1/22/2007]
CIA Officer Scheuer: Zubaida Served as Key Hub - Michael Scheuer, who previously ran the CIA’s bin Laden unit (see February 1996), will later say of Zubaida’s importance: “I’d followed him for a decade. If there was one guy you could call a ‘hub,’ he was it.” Scheuer will describe Zubaida not as an actual al-Qaeda member, but “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. Scheuer will say that Zubaida, a Palestinian, “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and he was bent on causing damage to Israel, not the US. [Vanity Fair, 12/16/2008]
Involvement in Pre-9/11 Plots - However, Zubaida does appear to have been involved in numerous plots before 9/11 (see for instance November 30, 1999 and Early September 2001). Al-Qaeda operative Ahmed Ressam cooperated with US investigators after being arrested. He worked with Zubaida and suggested Zubaida was of some importance, but not one of al-Qaeda’s highest leaders. According to Ressam, Zubaida “is the person in charge of the [training] camps. He receives young men from all countries. He accepts you or rejects you. He takes care of the expenses of the camps. He makes arrangements for you when you travel coming in or leaving.” [Gunaratna, 2003, pp. 133] Furthermore, when Zubaida was caught, apparently he and several others staying with him were in the middle of building a bomb. According to one of the CIA officers who helped capture him, the soldering iron used in making the bomb was still hot when he was captured (see Shortly After March 28, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file]
CIA Chief Tenet Rejects Diagnosis of Schizophrenia - In a 2007 book, former CIA Director George Tenet will claim that the reports that Zubaida was mentally unstable were “[b]aloney.… Apparently, the source of the rumor that Abu Zubaida was unbalanced was his personal diary, in which he adopted various personas. From that shaky perch, some junior Freudians leapt to the conclusion that Zubaida had multiple personalities. In fact, agency psychiatrists eventually determined that in his diary he was using a sophisticated literary device to express himself.” [Tenet, 2007, pp. 243]
Zubaida Touted as High-Level Terror Chief - Regardless, despite being briefed otherwise, President Bush and others in his administration will repeatedly tout the importance of capturing Zubaida and no hint of any doubts about his importance or sanity will be publicly expressed (see April 9, 2002 and After). [Suskind, 2006, pp. 94-96, 100]

Entity Tags: Ron Suskind, George J. Tenet, Dan Coleman, Bush administration (43), George W. Bush, Abu Zubaida, Ahmed Ressam, Omar Nasiri, Noor al-Deen

Category Tags: Abu Zubaida, High Value Detainees, Counterterrorism Policy/Politics

In a 2006 book, New York Times reporter James Risen will claim that shortly after al-Qaeda leader Abu Zubaida is captured in March 2002, “According to a well-placed source with a proven track record of providing extremely reliable information to the author, [CIA Director] George Tenet soon learned that [President] George Bush was taking a very personal interest in the Zubaida case.” Just days after Zubaida’s arrest, Tenet goes to the White House to give his usual daily Presidential Daily Briefing (PDB). Bush asks Tenet about what the CIA is learning from Zubaida’s interrogation. Tenet replies that nothing has been learned yet because Zubaida is heavily wounded and is too groggy from painkillers to talk coherently. Bush then allegedly asks Tenet, “Who authorized putting him on pain medication?” Risen will comment, “It is possible that this was just one more piece of jocular banter between the two plain-speaking men, according to the source who recounted this incident. Bush’s phrasing was ambiguous. But it is also possible that the comment meant something more. Was [Bush] implicitly encouraging [Tenet] to order the harsh treatment of a prisoner?” Risen notes that some of Tenet’s associates claim they have never heard of the incident and doubt that it is true. [Risen, 2006, pp. 22-23] Later, it appears Bush will be deliberately kept out of the loop regarding the treatment of Zubaida and other detainees in order to avoid culpability for the harsh interrogation methods used (see April 2002 and After).

Entity Tags: James Risen, Abu Zubaida, George W. Bush, George J. Tenet

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

Around April 2002, most Predator drones are withdrawn from Afghanistan and apparently moved to the Persian Gulf region for missions over Iraq. Senator Bob Graham (D-FL) will later call the Predator “just about the perfect weapon in our hunt for Osama bin Laden.” He will later comment that their removal is “a clear case of how the Bush administration’s single-minded focus on Iraq undermined the war against al-Qaeda in Afghanistan.” [Graham and Nussbaum, 2004, pp. 121; Washington Post, 10/22/2004; Rashid, 2008, pp. 134] Additionally, over the next years, all new Predators built are sent to Iraq and none to Afghanistan. A former Central Command official will say in 2007, “If we were not in Iraq, we would have double or triple the number of Predators across Afghanistan, looking for Taliban and peering into the tribal areas.” [New York Times, 8/12/2007]

Entity Tags: Daniel Robert (“Bob”) Graham, Osama bin Laden

Timeline Tags: Events Leading to Iraq Invasion, War in Afghanistan

Category Tags: Iraq War Impact on Counterterrorism, Afghanistan, Drone Use in Pakistan / Afghanistan, Counterterrorism Policy/Politics, Hunt for Bin Laden in Pakistan

Attorneys from the CIA’s Office of Legal Counsel meet with a legal adviser from the National Security Council (NSC) and with members of the Justice Department’s Office of Legal Counsel. The meeting concerns the CIA’s proposed interrogation plan for newly captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002, March 28-August 1, 2002, and April - June 2002). The lawyers mull over the legal restrictions surrounding the proposed interrogations. CIA records will show that the NSC’s legal counsel will brief National Security Adviser Condoleezza Rice, Deputy National Security Adviser Stephen Hadley, Counsel to the President Alberto Gonzales, Attorney General John Ashcroft, and the head of the Justice Department’s criminal division, Michael Chertoff, on the discussion. [Senate Intelligence Committee, 4/22/2009 pdf file]

Entity Tags: John Ashcroft, Central Intelligence Agency, Alberto R. Gonzales, Abu Zubaida, Condoleezza Rice, Office of Legal Counsel (CIA), Stephen J. Hadley, Michael Chertoff, US Department of Justice, National Security Council

Timeline Tags: Torture of US Captives

Category Tags: High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

After the capture of al-Qaeda leader Abu Zubaida (see March 28, 2002), the US government is forced to review procedures on how Zubaida and future detainees should be treated. One CIA source will later say, “Abu Zubaida’s capture triggered everything.” The legal basis for harsh interrogations is murky at best, and the Justice Department will not give any legal guidelines to the CIA until August 2002, after Zubaida has already been tortured (see March 28-August 1, 2002 and August 1, 2002).
Bush Kept out of Discussions - New York Times reporter James Risen will later claim in a 2006 book that after showing some initial interest in Zubaida’s treatment (see Late March 2002), President Bush is mysteriously absent from any internal debates about the treatment of detainees. The CIA’s Office of Inspector General later investigates evidence of the CIA’s involvement in detainee abuse, and concludes in a secret report that Bush is never officially briefed on the interrogation tactics used. Earlier meetings are chaired by White House counsel Alberto Gonzales and attended by, among others, Vice President Cheney’s chief lawyer David Addington, Justice Department lawyer John Yoo, White House lawyer Timothy Flanigan, and Pentagon chief counsel William J. Haynes. Later, CIA Director George Tenet gives briefings on the tactics to a small group of top officials, including Vice President Cheney, National Security Adviser Rice, Attorney General John Ashcroft, and future Attorney General Gonzales, but not Bush.
CIA: 'No Presidential Approval' Needed for Torture - Risen will note that “Normally, such high-stakes—and very secret—CIA activities would be carefully vetted by the White House and legally authorized in writing by the president under what are known as presidential findings. Such directives are required by Congress when the CIA engages in covert action.” But through a legal sleight-of-hand, the CIA determines the interrogations should be considered a normal part of “intelligence collection” and not a covert action, so no specific presidential approval is needed. Risen concludes: “Certainly, Cheney and senior White House officials knew that Bush was purposely not being briefed and that the CIA was not being given written presidential authorization for its tactics. It appears that there was a secret agreement among very senior administration officials to insulate Bush and to give him deniability, even as his vice president and senior lieutenants were meeting to discuss the harsh new interrogation methods. President Bush was following a ‘don’t ask, don’t tell’ policy on the treatment of prisoners.” Later, Flanigan will say of the meetings, “My overwheming impression is that everyone was focused on trying to avoid torture, staying within the line, while doing everything possible to save American lives.” [Risen, 2006, pp. 23-27; Savage, 2007, pp. 154]

Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, William J. Haynes, Timothy E. Flanigan, John Ashcroft, David S. Addington, George W. Bush, Abu Zubaida, James Risen, Central Intelligence Agency, George J. Tenet, Alberto R. Gonzales, Condoleezza Rice

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

CIA videotapes of detainee interrogations are held overseas and not sent back to CIA headquarters from the time they are made (see Spring-Late 2002) until the time they are destroyed (see November 2005). They are stored in a safe at the CIA station in the country or countries where the interrogations are performed. Given that there is concern about keeping such highly classified material overseas, it is unclear why the tapes are not sent to the US for security reasons. [New York Times, 12/19/2007] However, portions of the tapes are transmitted to the US so they can be viewed by CIA managers (see Between April 2002 and November 2005).

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

The CIA videotapes interrogations of high-value al-Qaeda detainees. The interrogations of at least two detainees are taped. One of the detainees is Abu Zubaida, who helped run a training camp in Afghanistan (see March 28, 2002 and Mid-May 2002 and After). [Central Intelligence Agency, 12/6/2007] Another is Abd al-Rahim al-Nashiri, chief of al-Qaeda operations in the Arabian peninsula (see Early October 2002 and (November 2002)). [New York Times, 12/8/2007] The tapes run to a “couple hundred hours,” and mostly show 24 hour a day coverage of Zubaida in his cell. However, some portions show aggressive interrogations, including waterboarding. According to one source, full transcripts are not made, although summaries are drafted and sent back to CIA headquarters. [Fox News, 12/13/2007; Washington Post, 12/18/2007] Another source says the opposite, “A detailed written transcript of the tapes’ contents—apparently including references to interrogation techniques—was subsequently made by the CIA.” [Newsweek, 12/11/2007] However, after tapes of Zubaida and al-Nashiri’s interrogations are destroyed in 2005 (see November 2005), some tapes are still in existence (see September 19 and October 18, 2007), suggesting that either not all tapes of their interrogations are destroyed, or that one or more other detainees are videotaped. Another detainee whose interrogations may be taped is Ramzi bin al-Shibh, because he is the most important remaining al-Qaeda leader who is captured during this time period (see June 13-September 25, 2000 and September 11, 2002). In addition, at least one audio recording is also made. [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file] According to a statement by CIA Director Michael Hayden, the interrogations are recorded because “new” procedures are used during the interrogations and the tapes are “meant chiefly as an additional, internal check on the program in its early stages.” The videotaping apparently ends in 2002. [Central Intelligence Agency, 12/6/2007] Another reason for the videotaping is said to be Abu Zubaida’s poor medical condition - he was shot several times during the operation to capture him. An intelligence official will later say, “There were concerns that there be a record of his medical treatment and condition in the event that he died.” [CBS News, 12/13/2007] However, there are various allegations these detainees are tortured (see Mid-May 2002 and After, June 16, 2004, Shortly After September 6, 2006, and March 10-April 15, 2007). Some of the tapes are destroyed in 2005 (see November 2005) and there will be a media and political outcry when this is revealed in 2007 (see December 6, 2007).

Entity Tags: Abd al-Rahim al-Nashiri, Michael Hayden, Ramzi bin al-Shibh, Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Category Tags: Al-Qaeda in Germany, Abu Zubaida, Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

Talat Othman.Talat Othman. [Source: Hanania]In the wake of the Operation Greenquest raid on the SAAR network (see March 20, 2002), disgruntled Muslim-American leaders meet with Treasury Secretary Paul O’Neill to complain about the raid. At the time, the Treasury Department had control over the Customs Department, which ran Greenquest. The meeting is arranged by prominent Republican activist Grover Norquist. About a dozen leaders are asked to attend the meeting. O’Neill pledges to look into concerns the leaders have about the raid. [Wall Street Journal, 4/18/2002; Harper's, 3/2004] Those who meet with O’Neill include:
bullet Khaled Saffuri. He is head of the Islamic Institute, a group he co-founded with Norquist to organize conservative Muslims (see 1998-September 2001). The institute accepted $20,000 in donations from the Safa Trust, which was targeted in the raid. The Safa Trust in turn has been funded by Youssef Nada, who had his assets frozen shortly after 9/11 on suspicion on funding al-Qaeda (see November 7, 2001). The institute also received donations from Abdurahman Alamoudi, another target of the raid who will later receive a long prison term (see October 15, 2004). [Wall Street Journal, 4/18/2002; Harper's, 3/2004]
bullet Talat Othman. The Wall Street Journal calls him “a longtime associate and supporter of President Bush’s family who gave a benediction at the Republican National Convention in Philadelphia in August 2000.” He serves on the board of Amana Mutual Funds Trust, an investment firm founded by Yaqub Mirza, the director of most of the organizations targeted in the raid. Amana was not a target of the raid, but two other organization that were raided held large blocks of shares in Amana’s mutual funds. Othman claims to know Mirza only slightly. Othman is also on the board of Saffuri’s Islamic Institute. Further, Othman served on the board of Harken Energy in the late 1980s and early 1990s, at the same time that President Bush did. At the time, Othman represented Saudi businessman Abdullah Bakhsh on Harken Energy’s board, and the investments through Bakhsh were considered essential in saving Harken from bankruptcy. Bakhsh has indirect connections to the notorious criminal bank BCCI (see July 5, 1991), and in 1996 reputedly attended a secret meeting with al-Qaeda representatives, where the attendees agreed to pay al-Qaeda many millions of dollars of protection money (see May 1996). [Wall Street Journal, 12/6/1991; Wall Street Journal, 4/18/2002] Bakhsh will head a subsidiary of Halliburton, the oil services company formerly run by Vice President Cheney. Othman reportedly remains a friend of Bush. [Harper's, 3/2004] Harper’s magazine will note that “large sums of money from the suspect groups have moved through Amana, [yet] Greenquest agents chose not to raid the firm,” and will hint that political influence from Othman and others may have saved Amana from being raided. [Harper's, 3/2004]

Entity Tags: Talat Othman, Grover Norquist, Khaled Saffuri, SAAR Foundation, Operation Greenquest, Islamic Institute, Paul O’Neill

Category Tags: Terrorism Financing, BCCI, Counterterrorism Policy/Politics

The capture of al-Qaeda leader Abu Zubaida (see March 28, 2002) is leaked to the press shortly after it occurs and on April 9, 2002, President Bush says in a speech: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives planning death and destruction on the United States. He’s not plotting and planning anymore.” In the weeks and months that follow, Bush and others in his administration will repeatedly tout the importance of capturing Zubaida. He is frequently described as “chief of operations” for all of al-Qaeda and the group’s number three leader. Zubaida is the only significant al-Qaeda capture in the first year after 9/11, so there is pressure to hype his importance. However, at the time there is a raging debate among US intelligence analysts as to Zubaida’s actual importance and even his mental sanity (see Shortly After March 28, 2002). According to journalist Ron Suskind, one day, when CIA Director George Tenet reminds Bush that Zubaida was not such a top leader after all, Bush reportedly says to him: “I said he was important. You’re not going to let me lose face on this, are you?” Tenet replies, “No sir, Mr. President.” Suskind will later comment: “In the wide, diffuse ‘war on terror,’ so much of it occurring in the shadows—with no transparency and only perfunctory oversight—the administration could say anything it wanted to say.… The administration could create whatever reality was convenient.” [Suskind, 2006, pp. 99-100] But in 2006, the Office of the Director of National Intelligence (DNI) will issue a report containing the biographies of al-Qaeda detainees held at Guantanamo. In marked contrast to previous announcements, this biography downgrades the importance of Zubaida. It merely calls him a “leading extremist facilitator” and “one of al-Qaeda’s senior travel facilitators,” and says he is “not believed to be directly linked to the attacks on 11 September 2001.” [Office of the Director of National Intelligence, 9/6/2006 pdf file; Time, 9/6/2006; Dickey, 2009, pp. 77] In 2006, Bush will make new claims about Zubaida’s capture that are at odds with the known facts (see September 6, 2006).

Entity Tags: Ron Suskind, George W. Bush, Bush administration (43), Abu Zubaida, George J. Tenet

Category Tags: Abu Zubaida, High Value Detainees, Counterterrorism Policy/Politics

These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known.These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known. [Source: ABC News]Omar Ghramesh had been captured in a house in Faisalabad, Pakistan, at the same time as al-Qaeda leader Abu Zubaida (see March 28, 2002). He is temporarily held in Pakistan and while there he is shown pictures of Zubaida looking battered and bruised. He is told, “If you don’t talk, this is what will happen to you.” It is not clear if he is in US or Pakistani custody at this time, as the arrest of Zubaida and his associates was a joint US-Pakistani operation. But Ghramesh does not talk, and on May 14, 2002, he and two others will be renditioned to a torture center in Syria called the Palestine Branch. There, Ghramesh will meet Abdullah Almalki, a dual Syrian and Canadian citizen who has also been renditioned to Syria to be tortured, and he will tell Almalki the account of being shown the pictures of Zubaida. [Grey, 2007, pp. 4, 54, 284] Almalki will later be found innocent of all terrorist ties and let go. [Grey, 2007, pp. 4, 54, 284] Then, in 2006, he will tell the account of the Zubaida photos to journalist Stephen Grey. There is no sign Ghramesh has been freed. [Grey, 2007, pp. 4, 54, 284] In late 2007, it will be reported that all videotapes of Zubaida’s interrogation were destroyed (see November 2005), but Ghramesh’s account suggests there may be surviving photos.

Entity Tags: Omar Ghramesh, Abdullah Almalki

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

Portions of videotapes of CIA detainee interrogations are transmitted from the foreign countries where the detainees are being held back to CIA headquarters in the US, where they are reviewed by “a small number of officials.” One of the reasons the tapes are made is so that headquarters can check on the methods being used by the interrogators (see Spring-Late 2002 and Mid-May 2002 and After). These methods are said to include waterboarding and other questionable techniques (see Mid-March 2002). It is unclear what happens to these transmitted recordings when many of the videotapes of the interrogations are destroyed (see November 2005). However, in late 2007 an anonymous counterterrorism official will say there is “no reason” to believe the transmitted recordings still exist. [Newsweek, 12/11/2007] A 2003 book by Gerald Posner will also indicate that a team of CIA officials watch the interrogation of al-Qaeda leader Abu Zubaida live on video from an adjacent room. Interrogators in the room wear earpieces so they can immediately act on suggestions from the team. [Posner, 2003, pp. 188-190]

Entity Tags: Central Intelligence Agency, Abu Zubaida

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

Around mid-April 2002, the CIA begins using aggressive interrogation techniques on al-Qaeda leader Abu Zubaida. A new CIA team led by psychologist James Elmer Mitchell arrives and takes control of Zubaida’s interrogation from the FBI (see Mid-April 2002). This team soon begins using techniques commonly described as torture, such as waterboarding (see April - June 2002, May 2002-2003 and Mid-May 2002 and After). Journalist James Risen will write in a 2006 book: “The assertions that the CIA’s tactics stopped short of torture were undercut by the fact that the FBI decided that the tactics were so severe that the bureau wanted no part of them, and FBI agents were ordered to stay away from the CIA-run interrogations. FBI agents did briefly see Abu Zubaida in custody, and at least one agent came away convinced that Zubaida was being tortured, according to an FBI source.” [Risen, 2006, pp. 32] Newsweek will similarly report in 2007 that Zubaida’s interrogation “sparked an internal battle within the US intelligence community after FBI agents angrily protested the aggressive methods that were used. In addition to waterboarding, Zubaida was subjected to sleep deprivation and bombarded with blaring rock music by the Red Hot Chili Peppers. One agent was so offended he threatened to arrest the CIA interrogators, according to two former government officials directly familiar with the dispute.” [Newsweek, 12/12/2007] The FBI completely withdraws its personnel, wanting to avoid legal entanglements with the dubious methods. The CIA then is able to use even more aggressive methods on Zubaida (see Mid-May 2002 and After). [New York Times, 9/10/2006] The CIA torture of Zubaida produces a raft of almost useless information (see Mid-April 2002 and June 2002). Zubaida, already mentally unstable (see Shortly After March 28, 2002), says yes to every question asked of him: if al-Qaeda is planning on bombing shopping malls, banks, supermarkets, nuclear plants, apartment buildings, and water systems. After each “confession,” the CIA cables Washington with the “intelligence,” and much of it is given to President Bush. White House officials will use Zubaida’s dubious admissions to issue many groundless terror warnings and alerts. [Savage, 2007, pp. 220]

Entity Tags: Abu Zubaida, Al-Qaeda, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington.The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington. [Source: Brian Plonka / Spokesman-Review]The FBI has been interrogating captured al-Qaeda leader Abu Zubaida at a secret CIA prison in Thailand and learning valuable intelligence information (see Late March through Early June, 2002). However, the prison is controlled by the CIA and the FBI is only in control until a team of CIA interrogators arrives, which apparently happens around mid-April 2002. The FBI has been using humane rapport-building techniques, but the new CIA team immediately abandons this approach. The team is lead by psychologist James Mitchell, who runs a consulting business in Washington State with psychologist Bruce Jessen (see January 2002 and After). Both worked in SERE (Survival, Evasion, Resistance, Escape), a classified US military training program which trains soldiers to endure being tortured by the enemy. Mitchell and Jessen reverse-engineered the techniques inflicted in the SERE training so they could be used on Zubaida and other detainees. [Vanity Fair, 7/17/2007] SERE trainees are subjected to “waterboarding (simulated drowning), sleep deprivation, isolation, exposure to temperature extremes, enclosure in tiny spaces, bombardment with agonizing sounds, and religious and sexual humiliation.” One European official knowledgeable about the SERE program will say of Mitchell and Jessen: “They were very arrogant, and pro-torture.… They sought to render the detainees vulnerable—to break down all of their senses.” The use of these psychologists also helps to put a veneer of scientific respectability over the torture techniques favored by top officials. One former US intelligence community adviser will later say: “Clearly, some senior people felt they needed a theory to justify what they were doing. You can’t just say, ‘We want to do what Egypt’s doing.’ When the lawyers asked what their basis was, they could say, ‘We have PhD’s who have these theories.’” [New Yorker, 8/6/2007] But Mitchell and Jessen have no experience in conducting interrogations and have no proof that their techniques are effective. In fact, the SERE techniques are based on Communist interrogation techniques from the Korean War, designed not to get valuable intelligence but to generate propaganda by getting US prisoners to make statements denouncing the US (see December 2001). Air Force Reserve colonel Steve Kleinman, an expert in human intelligence operations, will later say he finds it astonishing the CIA “chose two clinical psychologists who had no intelligence background whatsoever, who had never conducted an interrogation… to do something that had never been proven in the real world.” FBI official Michael Rolince calls their techniques “voodoo science.” In 2006, a report by the best-known interrogation experts in the US will conclude that there is no evidence that reverse-engineered SERE tactics are effective in obtaining useful intelligence. But nonetheless, from this time forward Zubaida’s interrogations will be based on these techniques. [Vanity Fair, 7/17/2007]

Entity Tags: James Elmer Mitchell, Abu Zubaida, Steve Kleinman, Michael Rolince, Bruce Jessen, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

R. Scott Shumate.R. Scott Shumate. [Source: American Psychological Association]Held in a secret CIA prison in Thailand, al-Qaeda leader Abu Zubaida is interrogated by a new team of CIA interrogators led by James Elmer Mitchell and Dr. R. Scott Shumate. Mitchell is a psychologist contracted to the CIA, while Shumate is the chief operational psychologist for the CIA’s Counterterrorist Center. Mitchell wants to use torture techniques based on reverse-engineering SERE (Survival, Evasion, Resistance, Escape), a class he has taught that trains US soldiers to resist torture by the enemy. But the techniques have never been tried before and studies will later determine they are not effective in obtaining good intelligence (see Mid-April 2002). Zubaida is resistant to Mitchell’s new aggressive techniques and refuses to talk. Mitchell concludes Zubaida will only talk when he has been rendered completely helpless and dependent, so the CIA begins building a coffin to bury Zubaida alive in but not actually kill him. This creates an intense controversy over the legality of such a technique, and ultimately it appears the burying alive is never carried out. Both domestic and international law clearly prohibits death threats and simulated killings. However, a number of aggressive techniques have just been approved at the highest political level (see Mid-March 2002), so opponents to these techniques are mostly powerless. Shumate is so strongly opposed to these techniques that he leaves in disgust. He will later tell his associates that it was a mistake for the CIA to hire Mitchell. But with Shumate gone, Mitchell is now free to use more extreme methods, and the torture of Zubaida begins in earnest around the middle of May. [Vanity Fair, 7/17/2007] Around this time, the FBI also washes its hands of the controversial techniques and withdraws its personnel from the secret prison (see Mid-April-May 2002).

Entity Tags: R. Scott Shumate, Counterterrorist Center, Abu Zubaida, Central Intelligence Agency, James Elmer Mitchell

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

Camp X-Ray prisoners. Their detention cages can be seen on the right. Pictures like this provoked an outrage about their treatment.Camp X-Ray prisoners. Their detention cages can be seen on the right. Pictures like this provoked an outrage about their treatment. [Source: Shane T. McCoy/ Associated Press]In Guantanamo, the 300 detainees (see April 28, 2002) being held in at Camp X-Ray are transferred to Camp Delta. Although cells at Camp Delta are even smaller than at Camp X-Ray (8 ft x 6 ft, 8 inches compared to 8 ft x 8 ft), [American Forces Press Service, 1/14/2003] the cells are now equipped with a flush toilet, a sink with running water and a metal bed frame. “There is indoor plumbing, exercise areas are better controlled, and detainees are out of the sun more,” Brig. Gen. Rick Baccus, the commander of Military Police at Guantanamo says. [American Forces Press Service, 1/14/2003] The new facility also has the advantage of being more secure. “We’ve a much more secure facility to house them in Camp Delta. For instance, the guards don’t have to escort them to the bathroom all the time and those types of things. That’s a great improvement in terms of how the guards have to deal with them on a daily basis.” [American Forces Press Service, 1/14/2003] Recreation time goes up from 5 minutes a day at Camp X-Ray to 15 minutes at Camp Delta. [Mirror, 3/12/2004] Use of Camp X-ray does not end. An undated Pentagon memo shows the camp is still used for isolation purposes between December 2002 and January 15, 2003. [US Department of Defense, 1/2003 pdf file] Still, according to a Pentagon adviser, around the middle of 2002, some high-security prisoners will enjoy their recreation time strapped into heavy, straitjacket-like clothing, with their arms tied behind them, goggles over their eyes and their heads hooded. Describing what he was told by a Pentagon official, investigative reporter Seymour Hersh writes in the Guardian of London: “The restraints forced [these prisoners] to move, if he chose to move, on his knees, bent over at a 45-degree angle. Most prisoners just sat and suffered in the heat.” [Guardian, 9/13/2004] The Camp Delta facility was built by Brown & Root, a Halliburton subsidiary, which was awarded the contract even though it was estimated military engineers could do the job for about half the price. [New York Times, 7/13/2002]

Entity Tags: Rick Baccus, Halliburton, Inc.

Timeline Tags: Torture of US Captives

Category Tags: Counterterrorism Policy/Politics

Jose Rodriguez.Jose Rodriguez. [Source: CIA]Jose Rodriguez, formerly chief of the CIA’s Latin American division, is appointed head of its rapidly expanding Counterterrorist Center. The appointment surprises some, as Latin America is not at the heart of global counterterrorism efforts and Rodriguez, who cannot speak Arabic, has no experience in the Middle East. In addition, Rodriguez was removed from his position in 1997, after he tried to get the government of the Dominican Republic to drop charges against a person described as a “friend,” and was criticized by the CIA Office of Inspector General for showing a “remarkable lack of judgment” over the affair. [International Herald Tribune, 12/8/2007] CIA officer Gary Berntsen, who served under Rodriguez as a station chief in an unnamed South American country, will be critical of him in a 2005 book. When Berntsen, an officer with a wealth of counterterrorism experience, took up his position in South America following the bombing of the USS Cole in October 2000, Rodriguez greeted him “by saying that he had heard about my successful record of conducting counterterrorism operations, but that would not, repeat not, be my primary mission as a Chief of Station in South America. He stated categorically that he wanted me to conduct normal foreign intelligence collection against traditional targets and no, repeat no, counterterrorism. I was stunned. Had this man been living in a cave the last two years?” Berntsen was also surprised when, after 9/11, he received a message from CIA headquarters asking for volunteers to fight terrorism, and then a message from Rodriguez ordering all Latin American station chiefs not to volunteer. Berntsen will comment: “I didn’t understand… he was ordering me and other highly skilled officers in Latin America not to step forward? Had this guy taken leave of his senses? In a time of national tragedy was he still thinking of how to protect his Division?” [Berntsen and Pezzullo, 2005, pp. 69, 71] Rodriguez’s identity is supposedly secret until the summer of 2007, shortly before he retires from the agency. [Associated Press, 8/8/2007] Rodriguez will be put in charge of the Directorate of Operations in 2004, but will become involved in a scandal over the destruction of videotapes of detainee interrogations (see November 2005 and December 6, 2007). [International Herald Tribune, 12/8/2007]

Entity Tags: Gary Berntsen, Central Intelligence Agency, Counterterrorist Center, Jose Rodriguez, Jr.

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, Counterterrorism Policy/Politics

This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions.This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions. [Source: Bettmann / Corbis]In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are:
bullet Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
bullet Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
bullet Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). [Associated Press, 12/11/2007]
bullet NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. [MSNBC, 9/13/2007] In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” [Tenet, 2007, pp. 242] ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” [ABC News, 9/14/2007] Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. [New Yorker, 8/6/2007] In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. [Harper's, 12/15/2007] In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. [Associated Press, 12/11/2007]

Entity Tags: George J. Tenet, Central Intelligence Agency, Abd al-Rahim al-Nashiri, Hambali, Khalid Shaikh Mohammed, Abu Zubaida

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics, Khalid Shaikh Mohammed

The Defense Department announces that all service members who were on active duty on or after 9/11 are eligible to wear the National Defense Service Medal. Deputy Secretary of Defense Paul Wolfowitz says, “The sacrifices and contributions made by the armed forces in direct response to the terrorism attacks on the United States and to the long-term resolution of terrorism merit special recognition.” With a few exceptions, members of the National Guard and Reserve may also be awarded the medal. [US Department of Defense, 5/2/2002]

Entity Tags: Paul Wolfowitz, US Department of Defense

Category Tags: Counterterrorism Policy/Politics

In 2007, former CIA official John Kiriakou will claim to have details about the interrogation of al-Qaeda leader Abu Zubaida. Kiriakou was involved in the capture and early detention of Zubaida (see March 28, 2002), but claims he was transferred to another task before harsh interrogation techniques such as waterboarding were used on him (see Mid-May 2002 and After). [ABC News, 12/10/2007 pdf file] Kiriakou will claim that the activities of the interrogators were closely directly by superiors at CIA Headquarters back in the US. “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him.’ Or, ‘I’m going to shake him.’ Or, ‘I’m gonna make him stay up for 48 hours.’ Each one of these steps, even though they’re minor steps, like the intention shake, or the open-handed belly slap, each one of these had to have the approval of the deputy director for operations.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the [CIA] got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard. So it was extremely deliberate.” [ABC News, 12/10/2007] Kiriakou also will say, “This isn’t something done willy-nilly. This isn’t something where an agency officer just wakes up in the morning and decides he’s going to carry out an enhanced technique on a prisoner. This was a policy made at the White House, with concurrence from the National Security Council and the Justice Department” (see Mid-March 2002). [London Times, 12/12/2007] In 2005, ABC News reported, “When properly used, the [CIA interrogation] techniques appear to be closely monitored and are signed off on in writing on a case-by-case, technique-by-technique basis, according to highly placed current and former intelligence officers involved in the program.” [ABC News, 11/18/2005] CIA Director George Tenet will similarly claim in a 2007 book that the interrogation of high-ranking prisoners like Zubaida “was conducted in a precisely monitored, measured way…” He will also say that “CIA officers came up with a series of interrogation techniques that would be carefully monitored at all times to ensure the safety of the prisoner. The [Bush] administration and the Department of Justice were fully briefed and approved the use of these tactics.” [Tenet, 2007, pp. 242] Zubaida’s interrogations are videotaped at the time (see Spring-Late 2002), and CIA Director Michael Hayden will later claim this was done “meant chiefly as an additional, internal check on the [interrogation] program in its early stages.” [Central Intelligence Agency, 12/6/2007] The videotapes will later be destroyed under controversial circumstances (see November 2005).

Entity Tags: John Kiriakou, National Security Council, Central Intelligence Agency, US Department of Justice, George J. Tenet, White House

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

Abu Zubaida.Abu Zubaida. [Source: New York Times]The CIA begins interrogating captured al-Qaeda leader Abu Zubaida (see March 28, 2002), using some aggressive techniques that are commonly considered to be torture. Zubaida was initially interrogated by the FBI using traditional rapport-building techniques, and many believe the FBI was obtaining valuable information (see Late March through Early June, 2002). But he is being held at a secret CIA prison in Thailand (see March 2002), and soon a new CIA team comes in and takes over (see Mid-April 2002). This team, led by controversial psychologist James Elmer Mitchell, uses such extreme methods that the FBI completely withdraws its personnel (see Mid-April-May 2002), and even some CIA personnel leave in disgust (see Between Mid-April and Mid-May 2002). By mid-May, Mitchell’s detractors are gone and the gunshot wounds Zubaida sustained during his capture have stabilized, so Mitchell begins applying even more aggressive interrogation techniques. [Posner, 2003, pp. 186, 191; Suskind, 2006, pp. 110-115] According to one psychologist involved in Zubaida’s interrogation, Mitchell argues that Zubaida needs to be reduced to a state of “learned helplessness.” Reserve Air Force Colonel Steve Kleinman, an experienced interrogator very familiar with Mitchell, will later say that “learned helplessness was his whole paradigm.… It starts with isolation. Then they eliminate the prisoners’ ability to forecast the future—when their next meal is, when they can go to the bathroom. It creates dread and dependency. It was the KGB model. But the KGB used it to get people who had turned against the state to confess falsely. The KGB wasn’t after intelligence.” [New Yorker, 8/6/2007] Journalist Ron Suskind will later claim: “According to CIA sources, [Zubaida] was waterboarded, a technique in which a captive’s face is covered with a towel as water is poured atop, creating the sensation of drowning. He was beaten, though not in a way to worsen his injuries. He was repeatedly threatened, and made certain of his impending death. His medication was withheld. He was bombarded with deafening, continuous noise and harsh lights.” [Suskind, 2006, pp. 115] The New York Times will later claim: “At times, Mr. Zubaida, still weak from his wounds, was stripped and placed in a cell without a bunk or blankets. He stood or lay on the bare floor, sometimes with air-conditioning adjusted so that, one official said, Mr. Zubaida seemed to turn blue. At other times, the interrogators piped in deafening blasts of music by groups like the Red Hot Chili Peppers.” [New York Times, 9/10/2006] Zubaida will reportedly later tell the Red Cross that he was also kept for a prolonged period in a cage, known as a “dog box,” so small that he unable to stand. [New Yorker, 8/6/2007] The CIA will claim that these aggressive methods are very effective, and soon it will begin using them on many other detainees. But others will later suggest that Zubaida gave up far less valuable information under torture than he did with the FBI’s rapport-building techniques (see June 2002). The legal authority to conduct these types of interrogations is unclear. The CIA is being advised by Michael Chertoff at the Justice Department, but there will be no formal legal opinion permitting the techniques until August 2002. [New York Times, 9/10/2006]

Entity Tags: Central Intelligence Agency, James Elmer Mitchell, Abu Zubaida, Steve Kleinman

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

In the wake of new information on what President Bush knew, Vice President Cheney states, “[M]y Democratic friends in Congress… need to be very cautious not to seek political advantage by making incendiary suggestions, as were made by some today, that the White House had advance information that would have prevented the tragic attacks of 9/11.” He calls such criticism “thoroughly irresponsible… in time of war” and states that any serious probe of 9/11 foreknowledge would be tantamount to giving “aid and comfort” to the enemy. [Washington Post, 5/17/2002] The days later, Cheney adds that he doesn’t “have any problem with a legitimate debate over the performance of our intelligence agencies,” but he has “a real problem with the suggestion that somehow my president had information and failed to act upon it to prevent the attack of Sept. 11.” He calls this “beyond the pale.” On May 21, the on-line newspaper Salon suggests that such pressure “appears to have worked. Democrats are largely chastened in their criticism of the [Bush] administration, and few have criticized attempts to silence them.” [Salon, 5/21/2002]

Entity Tags: Richard (“Dick”) Cheney, George W. Bush

Timeline Tags: 9/11 Timeline

Category Tags: Counterterrorism Policy/Politics

On May 16, 2002, CBS News broke the story that President Bush was given a Presidential Daily Briefing (PDB) one month before 9/11 entitled “Bin Laden Determined to Strike in US” (see May 15, 2002). Some Democratic politicians immediately criticized Bush for not acting on this before 9/11. The next day, White House Communications Director Dan Bartlett tells the Washington Post that such comments by Democrats “are exactly what our opponents, our enemies, want us to do.” The news website Salon comments, “This is the most direct statement by an administration official to date suggesting that dissent aids the enemy.” Senate Minority Leader Trent Lott (R-MS) similarly comments, “For us to be talking like our enemy is George W. Bush and not Osama bin Laden, that’s not right.” [Salon, 5/21/2002]

Entity Tags: Dan Bartlett, Trent Lott

Timeline Tags: 9/11 Timeline

Category Tags: Bush's Aug. 6, 2001 PDB, Counterterrorism Policy/Politics

It is announced that Cofer Black, head of the CIA’s counterterrorism division for the last three years, has been assigned to another position. However, in 2004, six anonymous US intelligence officials will claim that, in fact, Black is removed by Defense Secretary Donald Rumsfeld because Black publicly revealed details of the US military’s failure to capture or kill bin Laden in Tora Bora, Afghanistan, in late 2001. Sources will call Black “very aggressive, very knowledgeable,” in fighting al-Qaeda. According to these sources, after the Tora Bora battle ended, an intelligence analysis determined that bin Laden had been trapped in Tora Bora, and deemed his escape a “significant defeat” for the US. Rumsfeld, however, disagreed with the criticism, and said there was not enough “solid evidence” to come to that conclusion. Black then spoke on deep background to the Washington Post, and on April 17, 2002, the Post called the failure to capture bin Laden “the gravest error in the war against al-Qaeda.”(see April 17, 2002) Rumsfeld learned about Black’s role and used his influence to get him removed. [United Press International, 7/29/2004]

Entity Tags: Osama bin Laden, Cofer Black, Al-Qaeda, Donald Rumsfeld, Central Intelligence Agency

Timeline Tags: War in Afghanistan

Category Tags: Afghanistan, Counterterrorism Policy/Politics

The Bush administration issues a remarkable series of terror warnings that many believe are politically motivated. Vice President Cheney warns it is “not a matter of if, but when” al-Qaeda will next attack the US. [CNN, 5/20/2002] Homeland Security Director Tom Ridge says the same thing. Defense Secretary Rumsfeld says terrorists will “inevitably” obtain weapons of mass destruction (see May 21, 2002). FBI Director Mueller says more suicide bombings are “inevitable.” [Washington Post, 5/22/2002] Authorities also issue separate warnings that al-Qaeda militants might target apartment buildings nationwide, banks, rail and transit systems, the Statue of Liberty, and the Brooklyn Bridge. USA Today titles an article, “Some Question Motives Behind Series of Alerts.” [USA Today, 5/24/2002] David Martin, CBS’s national security correspondent, says, “Right now they’re putting out all these warnings to change the subject from what was known prior to September 11 to what is known now.” It had been revealed the week before that Bush received a briefing in August 2001 entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001). [Washington Post, 5/27/2002] Remarkably, even Press Secretary Ari Fleischer says the alerts were issued “as a result of all the controversy that took place last week.” [Washington Times, 5/22/2002; Village Voice, 5/23/2002] A retired CIA official reveals that the administration “made a political decision” to make any threat public, even those deemed to be hoaxes. In response to the alleged threat to New York, the former head of the FBI bureau there states that “there really isn’t any hard information.” [Rolling Stone, 9/21/2006 pdf file] Time notes, “Though uncorroborated and vague, the terror alerts were a political godsend for an administration trying to fend off a bruising bipartisan inquiry into its handling of the terrorist chatter last summer. After the wave of warnings, the Democratic clamor for an investigation into the government’s mistakes subsided.” [Time, 5/27/2002]

Entity Tags: Robert S. Mueller III, Richard (“Dick”) Cheney, Donald Rumsfeld, Tom Ridge, Ari Fleischer, Al-Qaeda, David Martin

Timeline Tags: 9/11 Timeline, Domestic Propaganda

Category Tags: Media, Terror Alerts, Counterterrorism Policy/Politics, Internal US Security After 9/11

In May 2002, the CIA began using new torture techniques on captured al-Qaeda leader Abu Zubaida (see Mid-May 2002 and After), and by June senior CIA officials prepare a preliminary report to determine whether Zubaida’s confessions are accurate or not. According to author Gerald Posner, they “found nothing that could definitively prove Zubaida a liar. And they had uncovered some minor corroborating evidence about the times and places of the meetings he had mentioned, which meant he could be telling the truth.” [Posner, 2003, pp. 192] Vanity Fair will later comment that the “CIA would go on to claim credit for breaking Zubaida, and celebrate [James] Mitchell”—the psychologist who devised the torture techniques used on Zubaida by the CIA (see Late 2001-Mid-March 2002, January 2002 and After, and Mid-April 2002)—“as a psychological wizard who held the key to getting hardened terrorists to talk. Word soon spread that Mitchell and [his business partner Bruce] Jessen had been awarded a medal by the CIA for their advanced interrogation techniques. While the claim is impossible to confirm, what matters is that others believed it. The reputed success of the tactics was ‘absolutely in the ether,’ says one Pentagon civilian who worked on detainee policy.” [Vanity Fair, 7/17/2007]
Much Intelligence Comes from His Possessions and FBI Interrogations - However, the reliability of Zubaida’s confessions remains controversial years later, and several factors complicate accessing their impact. For one, it appears that some of his most important confessions took place a month earlier when the FBI was interrogating him using rapport building instead of torture (see Late March through Early June, 2002). What the New York Times calls his two most notable confessions—that Khalid Shaikh Mohammed was the 9/11 mastermind and giving up the name of Jose Padilla, a militant living in the US—appear to come from this earlier period, although some accounts conflict. [New York Times, 6/27/2004; Suskind, 2006, pp. 116-117; New York Times, 9/10/2006; Vanity Fair, 7/17/2007] Furthermore, it is often not clear what was obtained from Zubaida’s confessions and what was obtained from his possessions. Journalist Ron Suskind will later write: “The phone numbers, computers, CDs, and e-mail address seized at Zubaida’s apartment now—a month after his capture—began to show a yield.… These higher-quality inputs were entered into big Cray supercomputers at NSA; many then formed the roots of a surveillance tree—truck to branches to limbs and buds.” [Suskind, 2006, pp. 116-117] So while it is said that information from Zubaida helped lead to the capture of al-Qaeda figures such as Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Omar al-Faruq, and Ahmed Muhammad al-Darbi, it is unclear where this information came from exactly. [Washington Post, 6/27/2004] Additionally, it is not even clear if he provided such leads. For instance, it has been reported that the main break that led to bin al-Shibh’s capture had nothing to do with Zubaida (see June 14, 2002 and Shortly After). [Salon, 9/7/2006]
Zubaida Describes Vague and Unverifiable Plots - By most accounts, Zubaida’s confessions under torture around this time are frustratingly vague. He describes many planned attacks, such as al-Qaeda attacks on US shopping malls, banks, supermarkets, water systems, nuclear plants, apartment buildings, the Brooklyn Bridge, the Statue of Liberty, and more. Red alerts are sounded and thousands of law enforcement personnel are activated each time, but the warnings are too vague to lead to any arrests. Suskind will later comment that Zubaida’s information was “maybe nonsense, maybe not. There was almost no way to tell.” [Suskind, 2006, pp. 115-116, 121] But Suskind will later say more definitively: “[Zubaida] said, as people will, anything to make the pain stop. And we essentially followed every word and various uniformed public servants of the United States went running all over the country to various places that Zubaydah said were targets, and were not. Ultimately, we tortured an insane man and ran screaming at every word he uttered.” [Salon, 9/7/2006] Posner claims that Zubaida provided “false information intended to misdirect his captors.” For instance, “He caused the New York police to deploy massive manpower to guard the Brooklyn Bridge at the end of May [2002], after he told his interrogators that al-Qaeda had a plan to destroy ‘the bridge in the Godzilla movie.’” [Posner, 2003, pp. 191]
Link between Iraq, al-Qaeda - Perhaps the most important claims Zubaida makes, at least from the viewpoint of Bush administration officials, are his allegations of an operational relationship between Iraq and al-Qaeda. Some of Zubaida’s claims will later be leaked by administration officials, particularly his assertion that Osama bin Laden’s ally Abu Musab al-Zarqawi was working directly with Saddam Hussein to destabilize the autonomous Kurdish regime in northern Iraq (see December 2001-Mid-2002, October 2, 2002, and January 28, 2003). A former Pentagon analyst will later say: “I first saw the reports soon after Abu Zubaida’s capture. There was a lot of stuff about the nuts and bolts of al-Qaeda’s supposed relationship with the Iraqi Intelligence Service. The intelligence community was lapping this up, and so was the administration, obviously. Abu Zubaida was saying Iraq and al-Qaeda had an operational relationship. It was everything the administration hoped it would be.” Another Pentagon analyst will recall: “As soon as I learned that the reports had come from torture, once my anger had subsided I understood the damage it had done. I was so angry, knowing that the higher-ups in the administration knew he was tortured, and that the information he was giving up was tainted by the torture, and that it became one reason to attack Iraq.” [Vanity Fair, 12/16/2008]
Zubaida Appears to Be Feeding Interrogators' Expectations - Dan Coleman, the FBI’s top al-Qaeda expert at the time who was able to analyze all the evidence from Zubaida, will later claim that the CIA “got nothing useful from the guy.” [Congressional Quarterly, 12/14/2007] Coleman will say: “The CIA wants everything in five minutes. It’s not possible, and it’s not productive. What you get in that circumstance are captives and captors playing to each other’s expectations, playing roles, essentially, that gives you a lot of garbage information and nothing you can use.” [Suskind, 2006, pp. 114] Given his low position in the jihadist hierachy, Coleman will add, Zubaida “would not have known that if it was true. But you can lead people down a course and make them say anything.” [Vanity Fair, 12/16/2008] Counterterrorism “tsar” General Wayne Downing is apparently intimately involved in Zubaida’s interrogation and will later recall: “[Zubaida] and some of the others are very clever guys. At times I felt we were in a classic counter-interrogation class: They were telling us what they think we already knew. Then, what they thought we wanted to know. As they did that, they fabricated and weaved in threads that went nowhere. But, even with these ploys, we still get valuable information and they are off the street, unable to plot and coordinate future attacks.” [Washington Post, 12/26/2002] In legal papers to prepare for a military tribunal hearing in 2007, Zubaida himself will assert that he told his interrogators whatever they wanted to hear to make the torture stop. [Washington Post, 12/18/2007]

Entity Tags: Abd al-Rahim al-Nashiri, Abu Musab al-Zarqawi, Central Intelligence Agency, Abu Zubaida, Bruce Jessen, Ahmed Muhammad al-Darbi, Federal Bureau of Investigation, Khalid Shaikh Mohammed, Dan Coleman, Jose Padilla, Wayne Downing, Omar al-Faruq, James Elmer Mitchell, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives

Category Tags: High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

In a successful attempt to “steal” some media coverage from FBI agent Coleen Rowley’s testimony and concurrent media blitz (see June 6, 2002), the Bush administration counters with a public relations event of its own. The same day that Rowley testifies, President Bush announces the proposed creation of the new, Cabinet-level Department of Homeland Security (DHS)—an agency proposed by Democrats and, up till now, one that Bush has vehemently opposed, preferring instead to make any such agency a subsidiary office within the White House. It will be the largest reorganization of the government since the implementation of the 1947 National Security Act, when the Defense Department, National Security Council (NSC), and CIA were created. To ensure that Rowley’s testimony does not dominate the headlines, Bush also gives an evening speech on prime-time television, again announcing the new department. In that speech, Bush calls the DHS the latest effort in the US’s “titanic struggle against terror.” In 2006, author and media critic Frank Rich will write that the announcement and speech “assur[e] that Rowley’s whistle-blowing would be knocked out of the lead position on the next day’s morning shows and newspapers.” DHS will not be officially activated for almost six months (see November 25, 2002), but the announcement and subsequent speech succeeds in driving Rowley’s testimony off the front pages and the television broadcasts. Rich will write that the announcement of the capture of alleged “dirty bomber” Jose Padilla (see June 10, 2002) four days later, even though Padilla had been in custody since May 8 (see May 8, 2002), further drives any mention or analysis of Rowley’s testimony out of the news. [White House, 6/6/2002; CNN, 6/7/2002; Rich, 2006, pp. 49-50]

Entity Tags: Frank Rich, Bush administration (43), Coleen Rowley, US Department of Homeland Security, George W. Bush

Category Tags: Counterterrorism Policy/Politics

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. [Guardian, 6/11/2002; PBS, 6/11/2002] But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. [London Times, 6/13/2002] It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” [Village Voice, 6/12/2002; Independent, 6/12/2002; BBC, 6/13/2002; Washington Post, 6/13/2003] Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. [Rolling Stone, 9/21/2006 pdf file] Bush soon privately chastises Ashcroft for overstating claims about Padilla. [Guardian, 8/15/2002] The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. [Village Voice, 6/12/2002] It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” [Guardian, 8/15/2002] Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. [San Francisco Chronicle, 6/11/2002; Washington Post, 6/11/2002] The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” [Washington Post, 6/11/2002] Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

Entity Tags: Al-Qaeda, Central Intelligence Agency, London Times, Joint Intelligence Committee, Federal Bureau of Investigation, Jose Padilla

Category Tags: Key Captures and Deaths, Terror Alerts, Counterterrorism Policy/Politics

The FBI takes over interrogations of Saudi Guantanamo detainee Mohamed al-Khatani. He had been captured and taken into US custody months before (see December 2001) but his real identity was only recently discovered. In the months before, military intelligence, using harsh tactics, was unsuccessful in gaining information from him, but the FBI allegedly uses subtle persuasion with an experienced interrogator and succeeds. Khatani discloses:
bullet He is an al-Qaeda member and received terrorist training at two al-Qaeda camps.
bullet He attended an al-Qaeda summit in Malaysia attended by two 9/11 hijackers (see January 5-8, 2000).
bullet He attempted unsuccessfully to be one of the hijackers himself, failing to enter the US in August 2001 (see August 4, 2001).
bullet He had been sent to the US by 9/11 mastermind Khalid Shaikh Mohammed.
bullet He had met bin Laden on several occasions and had been in contact with many other senior al-Qaeda leaders.
bullet He is related to Ali Saleh Kahlah al-Marri, an apparent al-Qaeda sleeper agent already arrested in the US (see September 10, 2001).
bullet He informs on about thirty other prisoners being held at Guantanamo.
But he is also believed to have little knowledge of other al-Qaeda plots. [New York Times, 6/21/2004; Time, 3/3/2006] He will later recant his confession (see October 26, 2006).

Entity Tags: Ali Saleh Kahlah al-Marri, Mohamed al-Khatani, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Category Tags: Counterterrorism Policy/Politics, Counterterrorism Action After 9/11

The Justice Department announces that only 74 of the 752 people detained on immigration charges after 9/11 are still in US custody. By December, only six of them will remain in custody (see December 11, 2002). Hundreds more were detained on other charges or as material witnesses, but no numbers pertaining to them have been released. 611 were subject to secret hearings. Senator Carl Levin (D-MI), who had requested the figures, says, “It took the Justice Department more than three months to produce a partial response to my letter.” But the answers raise “a number of additional questions, including why closed hearings were necessary for so many people.” Though many were held for months, “the vast majority were never charged with anything other than overstaying a visa.” [New York Times, 7/11/2002] All the deportation hearings for these people have been held in secret as well. Some say the government is cloaking its activities out of embarrassment, because none of these people have turned out to have any ties to terrorism. [New York Times, 7/11/2002; Detroit Free Press, 7/18/2002]

Entity Tags: Carl Levin, US Department of Justice

Timeline Tags: Civil Liberties

Category Tags: Counterterrorism Policy/Politics, Internal US Security After 9/11

Wreckage left behind where a missile struck Qaed Salim Sinan al-Harethi’s truck in Yemen.Wreckage left behind where a missile struck Qaed Salim Sinan al-Harethi’s truck in Yemen. [Source: Associated Press]Defense Secretary Donald Rumsfeld issue a secret directive ordering commander of Special Operations Air Force General Charles Holland “to develop a plan to find and deal with members of terrorist organizations” anywhere in the world (see July 22, 2002). The directive says, “The objective is to capture terrorists for interrogation or, if necessary, to kill them, not simply to arrest them in a law-enforcement exercise.” Holland is to cut through the Pentagon bureaucracy and process deployment orders “in minutes and hours, not days and weeks.” In internal Defense Department memos, Rumsfeld and the civilian officials close to him lay out the case for a new approach to the war on terrorism, one that would partly rely on the killing of individuals outside war zones. [New Yorker, 12/16/2002] The first public manifestation of this new policy will be the November 2002 assassination of al-Qaeda leader Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002).

Entity Tags: Donald Rumsfeld, Charles Holland

Timeline Tags: Torture of US Captives, Civil Liberties

Category Tags: Counterterrorism Policy/Politics

Defense Secretary Rumsfeld issues a secret directive to Special Operations forces allowing them to “capture terrorists for interrogation or, if necessary, to kill them” anywhere in the world. [New Yorker, 12/16/2002] The policy appears to actually prefer the killing or secret interrogation of terrorists over legally arresting and then charging them (see July 22, 2002). Bush already issued a presidential finding authorizing the killing of terrorist leaders (see September 17, 2001), and a list of “high-value” target has been created (see Shortly After September 17, 2001), but this increases such efforts. [New York Times, 12/15/2002] However, Bush has not rescinded a presidential executive order dating from the 1970s that bans all assassinations, claiming that terrorists are military combatants. “Many past and present military and intelligence officials have expressed alarm” at the legality, wisdom, ethics, and effectiveness of the assassination program. Apparently much of the leadership of Special Operations is against it, worrying about the blowback effect. In February 2002, a Predator missile targeting someone intelligence agents thought was bin Laden hit its target, but killed three innocent Afghan farmers instead (see February 4, 2002). [New Yorker, 12/16/2002] The first successful assassination will take place in November (see November 3, 2002).

Entity Tags: Donald Rumsfeld, Special Operations Command

Timeline Tags: Civil Liberties

Category Tags: US Dominance, Counterterrorism Policy/Politics

Jay Bybee.Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 pdf file] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see April 2002 and After). [ABC News, 4/9/2008]
Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007]
Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004]
Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004]
Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156]
Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004]
Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007]
Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004]
Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004).
Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007]

Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel (DOJ), David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith

Timeline Tags: Torture of US Captives, Civil Liberties

Category Tags: Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

The Washington Post reports, “A global campaign to block al-Qaeda’s access to money has stalled, enabling the terrorist network to obtain a fresh infusion of tens of millions of dollars and putting it in a position to finance future attacks, according to a draft UN report.” In the months immediately following 9/11, more than $112 million in assets was frozen. Since then, only $10 million more has been frozen, and most of the original money has been unfrozen due to lack of evidence. Private donations to the group, estimated at $16 million a year, are believed to “continue, largely unabated.” The US and other governments are not sharing information about suspected militants, and known militants are not being put on official lists of suspected terrorists. [Washington Post, 8/29/2002] One month later, a report by the Council on Foreign Relations, an influential US think tank, largely blames the US relationship with Saudi Arabia for the failure. The report says, “It is worth stating clearly and unambiguously what official US government spokespersons have not. For years, individuals and charities based in Saudi Arabia have been the most important source of funds for al-Qaeda, and for years the Saudi officials have turned a blind eye to this problem.” The report will also note that the Bush administration “appears to have made a policy decision not to use the full power of US influence and legal authorities to pressure or compel other governments to combat terrorist financing more effectively.” [Washington Post, 10/16/2002] News reports from early 2006 will show little change to the situation (see November 29, 2005; January 15, 2006).

Entity Tags: Bush administration (43), Al-Qaeda, Saudi Arabia

Category Tags: Terrorism Financing, Counterterrorism Policy/Politics

Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised - Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. [Washington Post, 12/9/2007]
Restrictions on Information - Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” [CNN, 12/13/2007]
Secret Interrogations Already Underway - The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” [MSNBC, 9/13/2007]

Entity Tags: Porter J. Goss, Senate Intelligence Committee, Pat Roberts, Nancy Pelosi, John D. Rockefeller, Jane Harman, Central Intelligence Agency, George J. Tenet, House Intelligence Committee, Daniel Robert (“Bob”) Graham

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

Although some members of both the House and Senate intelligence committees are briefed about a CIA detainee interrogation program around this time (see September 2002), the briefing is not received by all committee members. Senate Intelligence Committee chairman Bob Graham (D-FL) will later say that the information is not shared with all committee members because the activities are regarded as covert. Within the intelligence committees, the information is restricted to the “gang of four”—the two top members from each committee. Graham will later complain about this: “Not only should I have been briefed [about the CIA interrogation program] but the entire committee [should have] been briefed. The only basis for what they called these covert gang of four briefings is where the president has indicated there’s an action that’s being undertaken for which the United States wants to have deniability. It’s not a blanket for every subject that the intelligence community might be involved with. In my judgment, this was not a covert operation and should have been briefed to the entire intelligence committee.” [CNN, 12/13/2007] However, President Bush, who would usually be briefed on activities like the interrogation program, is not briefed on it, precisely because it is not regarded as a covert activity, but is classified as a normal part of “intelligence collection” (see April 2002 and After).

Entity Tags: Central Intelligence Agency, Senate Intelligence Committee, Daniel Robert (“Bob”) Graham, House Intelligence Committee

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

In early September 2002, a group of senior Bush administration officials gathers for a secret videoconference to decide what to do with the “Lackawanna Six,” the six Yemeni-Americans living in Lackawanna, New York, who had attended an al-Qaeda training camp before 9/11. Vice President Dick Cheney and Defense Secretary Donald Rumsfeld argue that the men should be locked up indefinitely as “enemy combatants,” and thrown into a military brig with no right to trial or even to see a lawyer. The US has already done this with two other US citizens, Yaser Hamdi and Jose Padilla. According to a participant in the meeting, Cheney argues, “They are the enemy, and they’re right here in the country.” However, all six men left their basic training course early and there is no evidence any of them had carried out or even planned any terrorist acts (see April-August 2001). Attorney General John Ashcroft insists he can bring a tough criminal case against them for providing “material support” to al-Qaeda. Ashcroft wins the argument and the six men are formally charged several days later (see September 13, 2002). [Newsweek, 10/10/2007] The six men will all eventually strike plea bargains and plead guilty, saying they were essentially forced to because the government made clear that if they fought the charges they would be declared enemy combatants (see May 19, 2003).

Entity Tags: Richard (“Dick”) Cheney, Donald Rumsfeld, Faysal Galab, Mukhtar al-Bakri, Shafel Mosed, Yaseinn Taher, Sahim Alwan, John Ashcroft, Yahya Goba

Category Tags: "Lackawanna Six", Counterterrorism Policy/Politics

The FBI decides not to charge Nabil al-Marabh on any terrorism related charge. Instead, on September 3, 2002, al-Marabh pleads guilty to illegally entering the US in June 2001 (see June 27, 2001-July 11, 2001), and is sentenced to only eight months in prison. [Chicago Sun-Times, 9/5/2002] Federal prosecutors claim that “at this time” there is no evidence “of any involvement by [al-Marabh] in any terrorist organization,” even though he has admitted to getting weapons training in Afghan training camps. [Washington Post, 9/4/2002] Numerous reported ties between al-Marabh and the 9/11 hijackers are apparently not mentioned in the trial (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). The judge states he cannot say “in good conscience” that he approves of the plea bargain worked out between the prosecution and defense, but he seems unable to stop it. He says, “Something about this case makes me feel uncomfortable. I just don’t have a lot of information.” He has a number of unanswered questions, such as how al-Marabh had $22,000 in cash and $25,000 worth of amber jewels on his possession when he was arrested, despite holding only a sporadic series of low-paying jobs. “These are the things that kind of bother me. It’s kind of unusual, isn’t it?” says the judge. [National Post, 9/4/2002] In 2003, the judge at al-Marabh’s deportation hearing will rule that al-Marabh presents “a danger to national security” and is “credibly linked to elements of terrorism” but this will not stop him from being deported.(see January 2004).

Entity Tags: Federal Bureau of Investigation, Nabil al-Marabh

Timeline Tags: 9/11 Timeline

Category Tags: Nabil Al-Marabh, Counterterrorism Policy/Politics

Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]In 2002 and 2003, many of the highest-ranking al-Qaeda detainees are subjected to waterboarding and other forms of interrogation generally considered to be torture (see May 2002-2003). However, Ramzi bin al-Shibh, captured in Pakistan in September 2002 and sent to a secret CIA prison (see September 11, 2002), is not waterboarded. NBC News will later claim that he agreed to talk with just the threat of waterboarding. “Bin al-Shibh was viewed as a weakling and a narcissist and the agency played heavily on that. He quickly became the most cooperative of those detained…” However, by the time bin al-Shbih is charged before a military tribunal in 2007, he once again is refusing to talk (see March 9-April 28, 2007). [MSNBC, 9/13/2007]
Tortured in Jordan Instead? - It is unknown what other interrogation techniques may have been used on him. In contradiction to the allegation that bin al-Shibh broke easily by the mere threat of torture, it will later be reported that in late 2002, he was secretly transferred to Jordanian custody for a time so he could be tortured by the Jordanian government (see Late 2002).

Entity Tags: Central Intelligence Agency, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives

Category Tags: Ramzi Bin Al-Shibh, High Value Detainees, Counterterrorism Policy/Politics

Khalid Shaikh Mohammed’s (KSM’s) children, who were captured in a September 2002 raid on a house KSM used (see September 11, 2002), are allegedly tortured following their capture. A statement that they are tortured is made in a submission to a Guantanamo Bay hearing to determine the status of a detainee called Majid Khan. The submission is made by Khan’s father, based on information from another of his sons. It reads: “The Pakistani guards told my son that the boys were kept in a separate area upstairs and were denied food and water by other guards. They were also mentally tortured by having ants or other creatures put on their legs to scare them and get them to say where their father was hiding.” [US department of Defense, 4/15/2007 pdf file] Human Rights Watch, based on eyewitness accounts, says that KSM’s children are held in an adult detention center (see June 7, 2007), and KSM also says that his children are abused in US custody (see March 10-April 15, 2007). [US Department of Defense, 3/10/2007 pdf file; Reuters, 6/7/2007]

Entity Tags: Khalid Shaikh Mohammed, Majid Khan, Central Intelligence Agency

Timeline Tags: Torture of US Captives, 9/11 Timeline

Category Tags: Khalid Shaikh Mohammed, High Value Detainees, Counterterrorism Policy/Politics

The Bush administration submits to Congress a 31-page document entitled “The National Security Strategy of the United States.”
Preemptive War - The National Security Strategy (NSS) openly advocates the necessity for the US to engage in “preemptive war” against nations it believes are likely to become a threat to the US’s security. It declares: “In an age where the enemies of civilization openly and actively seek the world’s most destructive technologies, the United States cannot remain idle. The United States will, if necessary, act preemptively.” The declaration that the US will engage in preemptive war with other nations reverses decades of American military and foreign policy stances; until now, the US has held that it would only launch an attack against another nation if it had been attacked first, or if American lives were in imminent danger. President Bush had first mentioned the new policy in a speech in June 2002 (see June 1, 2002), and it echoes policies proposed by Paul Wolfowitz during the George H. W. Bush administration (see March 8, 1992). [Shenon, 2008, pp. 128]
US Must Maintain Military 'Beyond Challenge' - The National Security Strategy states that the ultimate objective of US national security policy is to “dissuade future military competition.” The US must therefore “build and maintain our defenses beyond challenge. Our forces will be strong enough to dissuade potential adversaries from pursuing a military build-up in hopes of surpassing, or equaling, the power of the United States.” [London Times, 9/21/2002]
Ignoring the International Criminal Court - The NSS also states, “We will take the actions necessary to ensure that our efforts to meet our global security commitments and protect Americans are not impaired by the potential for investigations, inquiry, or prosecution by the International Criminal Court (ICC), whose jurisdiction does not extend to Americans and which we do not accept.” [US President, 9/2002]
Declaring War on Terrorism Itself - It states: “The enemy is not a single political regime or person or religion or ideology. The enemy is terrorism—premeditated, politically motivated violence perpetrated against innocents.” Journalism professor Mark Danner will later comment in the New York Times: “Not Islamic terrorism or Middle Eastern terrorism or even terrorism directed against the United States: terrorism itself. ‘Declaring war on “terror,”’ as one military strategist later remarked to me, ‘is like declaring war on air power.’” [New York Times Magazine, 9/11/2005]
Fundamental Reversal of Containment, Deterrence Principles - Washington Post reporter Tim Reich later describes the NSS as “revers[ing] the fundamental principles that have guided successive presidents for more than 50 years: containment and deterrence.” Foreign policy professor Andrew Bacevich will write that the NSS is a “fusion of breathtaking utopianism [and] barely disguised machtpolitik.” Bacevich continues, “It reads as if it were the product not of sober, ostensibly conservative Republicans but of an unlikely collaboration between Woodrow Wilson and the elder Field Marshal von Moltke.” [American Conservative, 3/24/2003]
Written by Future Executive Director of 9/11 Commission - The document is released under George W. Bush’s signature, but was written by Philip D. Zelikow, formerly a member of the previous Bush administration’s National Security Council, and currently a history professor at the University of Virginia and a member of the Foreign Intelligence Advisory Board. Zelikow produced the document at the behest of his longtime colleague National Security Adviser Condoleezza Rice (see June 1, 2002). His authorship of the document will not be revealed until well after he is appointed executive director of the 9/11 commission (see Mid-December 2002-March 2003). Many on the Commission will consider Zelikow’s authorship of the document a prima facie conflict of interest, and fear that Zelikow’s position on the Commission will be used to further the Bush administration’s doctrine of preemptive war (see March 21, 2004). [US Department of State, 8/5/2005; Shenon, 2008, pp. 128]

Entity Tags: Tim Reich, University of Virginia, National Security Council, Bush administration (43), Issuetsdeah, 9/11 Commission, Andrew Bacevich, Condoleezza Rice, George W. Bush, Philip Zelikow

Timeline Tags: Events Leading to Iraq Invasion, US International Relations, 9/11 Timeline

Category Tags: US Dominance, 9/11 Commission, Role of Philip Zelikow, Counterterrorism Policy/Politics, 9/11 Investigations

Cofer Black, then director of the CIA’s Counterterrorist Center, speaks about US interrogation policy during a 9/11 Congressional Inquiry hearing. “This is a very highly classified area, but I have to say that all you need to know: there was a before-9/11 and an after-9/11. After 9/11 the gloves came off.” [Newsweek, 5/24/2004] He apparently made similar comments on September 19, 2001, to the first CIA operatives heading to Afghanistan after 9/11 (see September 19, 2001).

Entity Tags: Cofer Black, 9/11 Congressional Inquiry

Timeline Tags: Torture of US Captives

Category Tags: Counterterrorism Policy/Politics, 9/11 Congressional Inquiry

Congressional Republicans thwart an attempt to expand the Environmental Protection Agency (EPA)‘s ability to compel chemical facilities to prepare contingency plans for terrorist attacks (see December 1999 and Late September 2001). The 1990 Clean Air Act (CAA) allows the agency to force plants to plan for potentially calamitous accidents, and environmentalists and national security advocates argue that the CAA could easily be used in regards to having plants prepare for terrorist attacks. However, Republicans in Congress resist the idea. The EPA is unpopular among conservatives—Senator James Inhofe (R-OK) has called the agency a “Gestapo bureaucracy,” and House Majority Leader Tom DeLay (R-TX) has called it “the Gestapo of government”—and, along with industry representatives and lobbyists, the Republicans successfully persuade the EPA not to, in the agency’s words, “push the envelope” in interpreting the CAA. [Roberts, 2008, pp. 93]

Entity Tags: Clean Air Act, Tom DeLay, James M. Inhofe, Environmental Protection Agency

Category Tags: Counterterrorism Action After 9/11, Counterterrorism Policy/Politics, Internal US Security After 9/11

Qaed Salim Sinan Al-Harethi (right) with Osama bin Laden on May 26, 1998, in Khost, Afghanistan.Qaed Salim Sinan Al-Harethi (right) with Osama bin Laden on May 26, 1998, in Khost, Afghanistan. [Source: CNN via Getty Images]Deputy Defense Secretary Paul Wolfowitz confirms that the assassination of Qaed Senyan al-Harethi in Yemen two days earlier (see November 3, 2002) was done with a US Predator drone that struck the truck carrying al-Harethi and five others. Initial reported suggested that the truck was destroyed by a car bomb, but this cover story is blown when Wolfowitz brags about the success of the operation on CNN, revealing US involvement. Newsweek reports that “The CIA, which ran the operation, was furious with the Defense Department for blowing its cover story.” US procedures required that the Yemeni government had to give approval of the strike in advance, and the revelation of such approval is highly embarrassing to the Yemeni government. [Washington Post, 11/6/2002; Newsweek, 11/11/2002] There are widespread protests in Yemen and the US Embassy has to be closed for a period of time following Wolfowitz’s revelation. [Salon, 8/13/2004] A knowledgeable source tells Newsweek that Yemen’s President Ali Abdallah Saleh is “highly pissed” about the leak. CIA officials worry the leak will discourage other countries from allowing Predator strikes within their borders. A former senior CIA official says, “The Pentagon view seems to be, this is good, it shows we can reach out and touch ‘em. The CIA view is, you dumb bastards, this means no other country will cooperate with us!” [Newsweek, 11/11/2002] Yayha Almutawakel, deputy secretary general of the ruling party in Yemen, says, “This is why it is so difficult to make deals with the United States. This is why we are reluctant to work closely with them. They don’t consider the internal consequences in Yemen. In security matters you don’t want to alert the enemy.” [Salon, 8/13/2004] Wolfowitz’s leak also starts a debate about the morality and legality of the strike, especially since a US citizen was killed (see November 5- December, 2002).

Entity Tags: Qaed Salim Sinan al-Harethi, Al-Qaeda, US Department of State, Yayha Almutawakel, Paul Wolfowitz, Central Intelligence Agency, Ali Abdallah Saleh

Category Tags: Counterterrorism Policy/Politics

Kamal Derwish.Kamal Derwish. [Source: PBS]The revelation that the US killed Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002 and November 5, 2002) sparks a debate about the morality and legality of remote attacks outside of war zones. The Bush administration had previously criticized Israel’s policy of “targeted killings” of Palestinian militants. Newsweek comments, “A State Department spokesman bobbed and weaved and tried to draw distinctions. But, privately, administration officials say the difference is really one of scale and frequency.” [Newsweek, 11/11/2002] Many international lawyers and some foreign governments question the legality of the assassination. [Guardian, 11/6/2002] For decades, the US government has been prohibited from conducting assassinations. The Bush administration says it still adheres to that policy but makes an exception for “enemy combatants” such as al-Qaeda leaders. In December 2002, it will be revealed that President Bush approved a secret “high-value target list” of about two dozen terrorist leaders, giving the CIA basic executive and legal authority to either kill or capture those in the list. The CIA is also empowered to capture or kill terrorists not mentioned in the list (see September 17, 2001). [New York Times, 12/15/2002] Additional controversy is generated when it is discovered that US citizen Kamal Derwish was one of those killed in the strike. Derwish is alleged to have been connected to an al-Qaeda cell in Buffalo, New York. US officials say the CIA has the legal authority to target and kill US citizens it believes are working for al-Qaeda (see July 22, 2002). [Associated Press, 12/3/2002] The New Yorker reveals that there were two planned Predator strikes in Yemen called off at the last minute that turned out to be aimed at innocent people instead of al-Harethi. One recently retired Special Forces operative who served on high-level planning staffs at the Pentagon warns that the civilians running the military are no longer trying to “avoid the gray area.” Defense Secretary Donald Rumsfeld is reportedly behind the effort to use the CIA and special forces for more remote killings (see July 22, 2002). One former high-level intelligence officer complains, “They want to turn these guys into assassins. They want to go on rumors—not facts—and go for political effect, and that’s what the Special Forces Command is really afraid of.” [New Yorker, 12/16/2002] Noting that in its battle against al-Qaeda, the US has effectively deemed the entire planet a combat zone, Scott Silliman, director of Duke University’s Center on Law, Ethics and National Security says, “Could you put a Hellfire missile into a car in Washington, DC?…The answer is yes, you could.” But National Security Adviser Condoleezza Rice says, “No constitutional questions are raised here.” [Chicago Tribune, 11/24/2002; Associated Press, 12/3/2002]

Entity Tags: Scott L. Silliman, Condoleezza Rice, Kamal Derwish, Donald Rumsfeld, Qaed Salim Sinan al-Harethi

Timeline Tags: Torture of US Captives

Category Tags: Counterterrorism Policy/Politics, Drone Use in Pakistan / Afghanistan

Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [Associated Press, 12/11/2007] Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. [Washington Post, 12/18/2007] But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). [Newsweek, 6/28/2008]

Entity Tags: Abd al-Rahim al-Nashiri, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

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: Civil Liberties

Category Tags: Counterterrorism Policy/Politics, Internal US Security After 9/11

Robert Wright, the FBI agent in charge of some groundbreaking investigations into charity fronts before 9/11, has been suspended and under investigation since at least early 2001 (see August 2000 and January-March 2001). However, at this time, his suspension is cleared and he is allowed to work as an FBI agent again. But he is specifically prohibited from working on topics he was investigating before, such as BMI and Yassin al-Qadi. He is not even allowed access to his own files from before his suspension. Wright will later be fired and then reinstated, but it does not appear he is ever able to continue his charity front investigations (see April 30, 2005-October 19, 2005). [Katz, 2003, pp. 186]

Entity Tags: Yassin al-Qadi, BMI Inc., Federal Bureau of Investigation, Robert G. Wright, Jr.

Category Tags: Terrorism Financing, BMI and Ptech, Counterterrorism Policy/Politics

President Bush meets with his cabinet-level advisers to review progress with counterterrorism efforts. According to author James Risen, one participant in the meeting will later recall that “several senior officials, including [CIA Director] Tenet, [National Security Adviser] Rice, and [Deputy Defense Secretary] Wolfowitz, voiced concerns about the ability of al-Qaeda-style terrorists to recruit and gain support on a widespread basis in the Islamic world. Did the United States have a strategy to counter the growth potential of Islamic extremism? ‘The president dismissed them, saying that victory in Iraq would take care of that. After he said that, people just kind of sat down,’ the participant recalled.” [Risen, 2006, pp. 169-170]

Entity Tags: George W. Bush, Paul Wolfowitz, Condoleezza Rice, George J. Tenet

Category Tags: Iraq War Impact on Counterterrorism, Counterterrorism Policy/Politics

The Special Access Program, or SAP, (see Late 2001-Early 2002) authorized by Secretary of Defense Donald Rumsfeld giving blanket advance approval to kill or capture and, if possible, interrogate high-value targets, has taken off and is apparently faring well. “It was an active program,” an intelligence source later explains to Seymour Hersh. “As this monster begins to take life, there’s joy in the world. The monster is doing well—real well.” Those who run the program, according to him, see themselves as “masters of the universe in terms of intelligence.” By the end of 2002, terrorist suspects are being interrogated in secret detention facilities in such places as Pakistan, Thailand, and Singapore. [Guardian, 9/13/2004]

Timeline Tags: Torture of US Captives

Category Tags: Counterterrorism Policy/Politics

A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).

Entity Tags: US Department of Justice, Richard (“Dick”) Cheney, Al-Qaeda, Jose Padilla, Abu Zubaida, Michael Mukasey, Paul Clement

Timeline Tags: Torture of US Captives, Civil Liberties

Category Tags: Counterterrorism Policy/Politics

Scott Muller.Scott Muller. [Source: New York Times]Sometime in 2003, CIA General Counsel Scott Muller raises the idea of destroying videotapes of the interrogations of al-Qaeda leaders Abu Zubaida and Abd al-Rahim al-Nashiri during discussions in 2003 with Justice Department lawyers. But the Justice Department lawyers advise against destroying them. It is unknown what the basis for their advice is. Muller similarly approaches White House Deputy Chief of Staff Harriet Miers with the idea and she also advises him against it (see Between 2003-Late 2005). [New York Times, 12/8/2007]

Entity Tags: Abu Zubaida, Scott Muller, Abd al-Rahim al-Nashiri, Harriet E. Miers, US Department of Justice

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics

Lawyers from the CIA’s Office of General Counsel examine videos of detainee interrogations made by the CIA the year before (see Spring-Late 2002). Although the videos show practices that are said to amount to torture (see Mid-May 2002 and After, June 16, 2004, Shortly After September 6, 2006, and March 10-April 15, 2007), the lawyers find that they show lawful methods of questioning. The tapes are also examined by the Agency’s Inspector General around this time. [Central Intelligence Agency, 12/6/2007]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

National Security Council lawyer John Bellinger.National Security Council lawyer John Bellinger. [Source: New York Times]The CIA meets three White House officials to discuss what to do with videotapes it has made of detainee interrogations (see Spring-Late 2002). The CIA wants to destroy the tapes, so it briefs the officials on them and asks their advice. The officials are:
bullet Alberto Gonzales, White House counsel until early 2005, when he will become attorney general;
bullet David Addington, counsel to Vice President Dick Cheney;
bullet John Bellinger, senior lawyer at the National Security Council;
There are conflicting accounts of the advice the lawyers give the CIA. One source will say there was “vigorous sentiment” among some unnamed top White House officials to destroy the tapes. They apparently want to destroy the tapes in 2005 because they could be damaging in the light of the Abu Ghraib scandal (see April 28, 2004). Other sources will say nobody at the White House advocates destroying the tapes. However, it seems none of the lawyers gives a direct order to preserve the tapes or says their destruction would be illegal. [New York Times, 12/19/2007] A source familiar with Bellinger’s account will say, “The clear recommendation of Bellinger and the others was against destruction of the tapes… The recommendation in 2003 from the White House was that the tapes should not be destroyed.” [Associated Press, 12/20/2007] When CIA Director Michael Hayden informs legislators of these discussions in late 2007, he will say that upon being informed high-ranking CIA officials are demanding the tapes be destroyed, the lawyers “consistently counseled caution.” The Washington Post will comment: “The ambiguity in the phrasing of Hayden’s account left unresolved key questions about the White House’s role. While his account suggests an ambivalent White House view toward the tapes, other intelligence officials recalled White House officials being more emphatic at the first meeting that the videos should not be destroyed. Also unexplained is why the issue was discussed at the White House without apparent resolution for more than a year.” [Washington Post, 12/20/2007] Another White House official, Harriet Miers, is also consulted around this time and is said to advise against the tapes’ destruction (see Between 2003-Late 2005). [New York Times, 12/19/2007] When it is revealed that these officials were consulted, Law professor Jonathan Turley will comment: “[T]his is a very significant development, because it shows that this was not just some rogue operator at the CIA that destroyed evidence being sought by Congress and the courts. It shows that this was a planned destruction, that there were meetings and those meetings extended all the way to the White House, and included Alberto Gonzalez, who would soon become attorney general and Harriet Miers, who would become White House counsel. That’s a hair’s breath away from the president himself.” [CNN, 12/19/2007]

Entity Tags: Alberto R. Gonzales, David S. Addington, Central Intelligence Agency, Jonathan Turley, Michael Hayden, John Bellinger

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

David Nahmias.David Nahmias. [Source: US Department of Justice]US prosecutors in Detroit are trying four men accused of an al-Qaeda plot. The men, Abdel-Ilah Elmardoudi, Karim Koubriti, Ahmed Hannan, and Farouk Ali-Haimoud, were arrested shortly after 9/11. They had been living in a Detroit apartment previously occupied by Nabil al-Marabh (see September 17, 2001). Yousef Hmimssa, a Moroccan national, had lived in the Detroit apartment with al-Marabh. When the FBI raided the apartment, they found fake immigration papers linking Hmimssa and al-Marabh, along with attack plans. [ABC News 7 (Chicago), 1/31/2002] Hmimssa will later be the key witness in the trial against the four arrested Detroit men (see June 2003-August 2004). The FBI later identify three other witnesses—a landlord, a Jordanian informant, and a prison inmate—who linked the four arrested men to al-Marabh (see December 2002). The Detroit prosecutors want to charge al-Marabh as a fifth defendant. However, Deputy Assistant Attorney General David Nahmias prevents them from doing so. He says, “My understanding is that the only connection between al-Marabh and your case was an apparent misidentification by a landlord.” Additionally, memos written by Detroit prosecutors during the trial will later show that they believed the Justice Department was preventing them from introducing some of their most dramatic evidence in the trial. Lead Detroit prosecutor Richard Convertino will later say: “There was a series of evidence, pieces of evidence, that we wanted to get into our trial that we were unable to do. Things that would have strengthened the case immeasurably, and made the case much stronger, exponentially.” For instance, the FBI had learned before the trial that al-Qaeda leader Ibn al-Shaykh al-Libi told US interrogators after his capture that bin Laden had authorized an attack on the US air base in Incirlik, Turkey. The FBI also found sketches in the Detroit apartment of what they believed was the same base. The prosecutors wanted to link this evidence to testimony by the al-Libi, but he was handed over to Egypt to be tortured and prosecutors were not able to interview him or use him as a witness (see January 2002 and After). Turkish authorities will later claim that their own evidence indicates bin Laden did authorize an attack on the base at one point. Detroit prosecutors also later complain that the lone Justice Department lawyer sent to help with the case had no intention of helping with the trial, and spent most of his time in Detroit staying in his hotel room or playing basketball. [Associated Press, 8/9/2004] In 2002, Chicago prosecutor Patrick Fitzgerald is also prohibited from charging al-Marabh with any crime (see January-2002-December 2002).

Entity Tags: US Department of Justice, Richard Convertino, Yousef Hmimssa, Nabil al-Marabh, Ibn al-Shaykh al-Libi, David Nahmias, Abel-Ilah Elmardoudi, Ahmed Hannan, Karim Koubriti, Federal Bureau of Investigation, Farouk Ali-Haimoud

Category Tags: Nabil Al-Marabh, Counterterrorism Policy/Politics, Internal US Security After 9/11, 9/11 Related Criminal Proceedings

A Brookings Institution study concludes that in his first two years in office, “[President] Bush vetoed several specific (and relatively cost-effective) measures proposed by Congress that would have addressed critical national vulnerabilities. As a result, the country remains more vulnerable than it should be today.” [Carter, 2004, pp. 14]

Entity Tags: Brookings Institution, George W. Bush

Category Tags: Counterterrorism Policy/Politics, Internal US Security After 9/11

Harriet Miers.Harriet Miers. [Source: Public domain via Wikipedia]White House official Harriet Miers is informed by CIA General Counsel Scott Muller that the CIA has made video recordings of detainee interrogations and is told that the CIA is considering destroying the tapes. She advises not to destroy them. [ABC News, 12/7/2007; New York Times, 12/8/2007] The CIA is canvassing opinion on whether the tapes can be destroyed, and it repeatedly asks Miers about what it should do with the videotapes (see November 2005), which are said to show questionable interrogation methods. These discussions are reportedly documented in a series of e-mails between the CIA and the White House. One person involved is CIA Acting General Counsel John Rizzo. Miers’ opinion is asked because the CIA apparently thinks its interrogation and detention program was “imposed” on it by the White House, so the decision about what to do with the tapes should be made “at a political level.” Miers continues to advise the CIA that the tapes should not be destroyed, but the CIA destroys them anyway in late 2005 (see November 2005). [Newsweek, 12/11/2007] It is unclear when this happens. One account says Miers is first consulted in 2003, another in 2005. Miers is deputy chief of staff to the President until early 2005, when she becomes White House Council. [New York Times, 12/19/2007] The CIA also asks other White House officials for their opinions, but there are contradictory reports of their advice (see (2003-2004)).

Entity Tags: Harriet E. Miers, John Rizzo, Scott Muller, Central Intelligence Agency, White House

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

Senator Hillary Clinton (D-NY) conducts a survey of the cities and towns in New York State. Of those polled, 70 percent have not received any money at all from the federal government for their emergency crews and first responders—the nation’s front line of defense against terrorist attacks (see Early 2004). New York City police officials asked for $900 million in preparedness funds, and received $84 million—less than a tenth of what was requested. When the preparedness funds are studied on a per capita basis, the disparities are striking, and suspect. New York City, bastion of liberal Democrats (and the target of two of the four 9/11 hijacked jetliners) received $5.87 per person in funds—49th out of 50 major US cities. The city receiving the highest payout is New Haven, Connecticut ($77.82 per person), home of Yale University and the alma mater of three generations of Bushes. Key cities in Florida, where Jeb Bush is governor, also do well, with Miami receiving $52.82 per person, Orlando receiving $47.14, and Tampa receiving $30.57 per person. A harbor on Martha’s Vineyard, where many Republican and Democratic lawmakers vacation, received almost a million dollars in security funding; the harbormaster said, “Quite honestly, I don’t know what we’re going to do [with it], but you don’t turn down grant money.” [Carter, 2004, pp. 21]

Entity Tags: John Ellis (“Jeb”) Bush, Hillary Clinton

Category Tags: Counterterrorism Policy/Politics, Internal US Security After 9/11

FBI Director Robert Mueller personally awards Marion (Spike) Bowman with a presidential citation and cash bonus of approximately 25 percent of his salary. [Salon, 3/3/2003] Bowman, head of the FBI’s national security law unit and the person who refused to seek a special warrant for a search of Zacarias Moussaoui’s belongings before the 9/11 attacks (see August 28, 2001), is among nine recipients of bureau awards for “exceptional performance.” The award comes shortly after a 9/11 Congressional Inquiry report saying Bowman’s unit gave Minneapolis FBI agents “inexcusably confused and inaccurate information” that was “patently false.” [Star-Tribune (Minneapolis), 12/22/2002] Bowman’s unit was also involved in the failure to locate 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi after their names were put on a watch list (see August 28-29, 2001). In early 2000, the FBI acknowledged serious blunders in surveillance Bowman’s unit conducted during sensitive terrorism and espionage investigations, including agents who illegally videotaped suspects, intercepted e-mails without court permission, and recorded the wrong phone conversations. [Associated Press, 1/10/2003] As Senator Charles Grassley (R-IA) and others have pointed out, not only has no one in government been fired or punished for 9/11, but several others have been promoted: [Salon, 3/3/2003]
bullet Richard Blee, chief of Alec Station, the CIA’s bin Laden unit, was made chief of the CIA’s new Kabul station in December 2001 (see December 9, 2001), where he aggressively expanded the CIA’s extraordinary rendition program (see Shortly After December 19, 2001). Blee was the government’s main briefer on al-Qaeda threats in the summer of 2001, but failed to mention that one of the 9/11 hijackers was in the US (see August 22-September 10, 2001).
bullet In addition to Blee, the CIA also promoted his former director for operations at Alec Station, a woman who took the unit’s number two position. This was despite the fact that the unit failed to put the two suspected terrorists on the watch list (see August 23, 2001). “The leaders were promoted even though some people in the intelligence community and in Congress say the counterterrorism unit they ran bore some responsibility for waiting until August 2001 to put the suspect pair on the interagency watch list.” CIA Director George Tenet has failed to fulfill a promise given to Congress in late 2002 that he would name the CIA officials responsible for 9/11 failures. [New York Times, 5/15/2003]
bullet Pasquale D’Amuro, the FBI’s counterterrorism chief in New York City before 9/11, was promoted to the bureau’s top counterterrorism post. [Time, 12/30/2002]
bullet FBI Supervisory Special Agent Michael Maltbie, who removed information from the Minnesota FBI’s application to get the search warrant for Moussaoui, was promoted to field supervisor and goes on to head the Joint Terrorism Task Force at the FBI’s Cleveland office. [Salon, 3/3/2003; Newsday, 3/21/2006]
bullet David Frasca, head of the FBI’s Radical Fundamentalist Unit, is “still at headquarters,” Grassley notes. [Salon, 3/3/2003] The Phoenix memo, which was addressed to Frasca, was received by his unit and warned that al-Qaeda terrorists could be using flight schools inside the US (see July 10, 2001 and July 27, 2001 and after). Two weeks later Zacarias Moussaoui was arrested while training to fly a 747, but Frasca’s unit was unhelpful when local FBI agents wanted to search his belongings—a step that could have prevented 9/11 (see August 16, 2001 and August 20-September 11, 2001). “The Phoenix memo was buried; the Moussaoui warrant request was denied.” [Time, 5/27/2002] Even after 9/11, Frasca continued to “[throw] up roadblocks” in the Moussaoui case. [New York Times, 5/27/2002]
bullet Dina Corsi, an intelligence operations specialist in the FBI’s bin Laden unit in the run-up to 9/11, later became a supervisory intelligence analyst. [US Department of Justice, 11/2004, pp. 279-280 pdf file; CNN, 7/22/2005] Corsi repeatedly hampered the investigation of Almihdhar and Alhazmi in the summer of 2001 (see June 11, 2001, June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, August 28-29, 2001, and (September 5, 2001)).
bullet President Bush later names Barbara Bodine the director of Central Iraq shortly after the US conquest of Iraq. Many in government are upset about the appointment because of her blocking of the USS Cole investigation, which some say could have uncovered the 9/11 plot (see October 14-Late November, 2000). She did not apologize or admit she was wrong. [Washington Times, 4/10/2003] However, she is fired after about a month, apparently for doing a poor job.
bullet An FBI official who tolerates penetration of the translation department by Turkish spies and encourages slow translations just after 9/11 was promoted (see March 22, 2002). [CBS News, 10/25/2002]

Entity Tags: Barbara Bodine, George W. Bush, Charles Grassley, David Frasca, Central Intelligence Agency, Khalid Almihdhar, Michael Maltbie, Dina Corsi, Marion (“Spike”) Bowman, Robert S. Mueller III, Pasquale D’Amuro, Federal Bureau of Investigation, Richard Blee

Timeline Tags: 9/11 Timeline

Category Tags: Sibel Edmonds, Zacarias Moussaoui, Counterterrorism Policy/Politics

Former counterterrorism “tsar” Richard Clarke, resigning his position as the White House cybersecurity chief, receives a handwritten note from President Bush that reads in part: “Dear Dick, you will be missed. You served our nation with distinction and honor. You have left a positive mark on our government.” Clarke will later note: “This is not the normal typewritten letter that everybody gets. This is the president’s handwriting” (see March 28, 2004). [MSNBC, 3/28/2004]

Entity Tags: Richard A. Clarke, George W. Bush

Category Tags: Counterterrorism Policy/Politics

Jane Harman.Jane Harman. [Source: US House of Representatives]CIA General Counsel Scott Muller briefs a small group of legislators on the CIA’s detainee interrogation program, and indicates that it has made videotapes of the interrogations. Muller says that the CIA is now thinking about destroying the tapes, because they put the officers shown on them at risk. Although four to eight legislators have already been briefed about the program (see September 2002), this is apparently the first mention that videotapes of interrogations have been made. [New York Times, 12/8/2007] According to House Intelligence Committee member Jane Harman (D-CA), the briefing raises “a number of serious concerns.” [The Gavel, 12/9/2007] Both Harman and another of those present, Porter Goss (R-FL), advise the CIA that they think destroying the tapes is a bad idea (see November 2005). Harman is apparently supported by fellow Democrat Nancy Pelosi, who is said to “concur” with Harman’s objections to the tapes’ destruction. [International Herald Tribune, 12/8/2007] Harman writes a follow-up letter to Muller asking about legal opinions on interrogation techniques and urging the CIA to reconsider its decision to destroy the tapes (see February 28, 2003).

Entity Tags: Scott Muller, House Intelligence Committee, Senate Intelligence Committee, Central Intelligence Agency, Jane Harman, Porter J. Goss

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

CIA Director George Tenet publicly states that “the numbers of societies and peoples excluded from the benefits of an expanding global economy, where the daily lot is hunger, disease, and displacement… produce large populations of disaffected youth who are prime recruits for our extremist foes.” However, in October 2004, the Washington Post will report that President Bush and most of his influential advisers do not see these factors, or US foreign policy, as the primary cause of terrorism. “Bush’s explanation, in private and public, is that terrorists hate America for its freedom.” Former CIA officer Marc Sageman will comment that the Bush administration’s analysis is “nonsense, complete nonsense. They obviously haven’t looked at any surveys.” He says that international polls show that large majorities in much of the world “view us as a hypocritical huge beast throwing our weight around in the Middle East.” Bush also believes that eliminating the top thirty or so al-Qaeda leaders can effectively destroy the group, while most analysts believe al-Qaeda is more of an ideology that will survive without its top leaders, and that root causes need to be addressed to make the ideology less appealing for potential new recruits. Wayne Downing, Bush’s counterterrorism “tsar” in late 2001 and 2002, will say: “This is not a war. What we’re faced with is an Islamic insurgency that is spreading throughout the world, not just the Islamic world.” Because it is “a political struggle, the military is not the key factor. The military has to be coordinated with the other elements of national power.” [Washington Post, 10/22/2004]

Entity Tags: George J. Tenet, Marc Sageman, Wayne Downing, George W. Bush

Category Tags: Counterterrorism Policy/Politics

Secretary of State Colin Powell obtains an advance transcript of a new audio tape thought to be from Osama bin Laden before it is broadcast on Al Jazeera, but misrepresents the contents to a US Senate panel, implying it shows a partnership between al-Qaeda and Iraq. [CNN, 2/12/2003] Following Powell’s initial claim the tape exists, Al Jazeera says that it has no such tape and dismisses Powell’s statement as a rumor. [Associated Press, 2/12/2003] However, later in the day Al Jazeera says that it does have the tape. [Reuters, 2/12/2003] It is unclear how Powell obtains the advance copy, and Counterpunch even jokes, “Maybe the CIA gave Powell the tape before they delivered it to Al Jazeera?” [CounterPunch, 2/13/2003] In his testimony to the Senate Budget Committee Powell says, “[Bin Laden] speaks to the people of Iraq and talks about their struggle and how he is in partnership with Iraq.” [CNN, 2/12/2003] Powell’s spokesperson, Richard Boucher, says that the recording proves “that bin Laden and Saddam Hussein seem to find common ground.” [Reuters, 2/11/2003; New York Times, 2/12/2003; Washington Post, 11/12/2003] However, although bin Laden tells his supporters in Iraq they may fight alongside the Saddam Hussein, if the country is invaded by the US (see November 12, 2002), he does not express any direct support for the current regime in Iraq, which he describes as “pagan.” [CNN, 2/12/2003] A senior editor for Al Jazeera says the tape offers no evidence of ties between al-Qaeda and Saddam Hussein. “When you hear it, it doesn’t prove any relation between bin Laden or al-Qaeda group and the Iraqi regime,” he argues. [ABC News, 2/12/2003] Several news reports also challenge Powell and Boucher’s interpretation. For example, CNN reveals that the voice had criticized Saddam’s regime, declaring that “the socialists and the rulers [had] lost their legitimacy a long time ago, and the socialists are infidels regardless of where they are, whether in Baghdad or in Aden.” [CNN, 2/11/2003; New York Times, 11/12/2003] Similarly, a report published by Reuters notes that the voice “did not express support for Iraqi President Saddam Hussein—it said Muslims should support the Iraqi people rather than the country’s government.” [Reuters, 2/11/2003]

Entity Tags: Colin Powell, Richard A. Boucher, Saddam Hussein, Osama bin Laden, Al Jazeera

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: Osama Bin Laden, Counterterrorism Policy/Politics, Alleged Al-Qaeda Media Statements

The CIA produces a report entitled “A Reference Guide to Terrorist Passports.” The report discusses a suspicious indicator of terrorist affiliation that was contained in the passports of at least three of the 9/11 hijackers, possibly more. The indicator was placed there deliberately by the Saudi government, which used such indicators to track suspected radicals (see November 2, 2007). However, this report is classified and is not disseminated, meaning that if a radical were to arrive at a US port with a passport indicating he was a terrorist, an immigration official would be unable to recognize the indicator and would admit him. Over a year after this report is completed, the 9/11 Commission will show a passport bearing this indicator to one of the immigration officials who admitted 9/11 hijacker Khalid Almihdhar to the US, but she will still be unable to recognize the indicator. [9/11 Commission, 8/21/2004, pp. 25, 27, 41 pdf file]

Entity Tags: Central Intelligence Agency, 9/11 Commission

Category Tags: Saudi Arabia, Counterterrorism Policy/Politics, Hijacker Visas and Immigration

Coleen Rowley, the FBI whistleblower who was proclaimed Time magazine’s Person of the Year in 2002, sends another public letter to FBI Director Mueller. She believes the FBI is not prepared for new terrorist attacks likely to result from the upcoming Iraq war. She also says counterterrorism cases are being mishandled. She claims the FBI and the Justice Department have not questioned captured al-Qaeda suspects Zacarias Moussaoui and Richard Reid about their al-Qaeda contacts, choosing instead to focus entirely on prosecution. She writes, “Lack of follow-through with regard to Moussaoui and Reid gives a hollow ring to our ‘top priority’ —i.e., preventing another terrorist attack. Moussaoui almost certainly would know of other al-Qaeda contacts, possibly in the US, and would also be able to alert us to the motive behind his and Mohamed Atta’s interest in crop-dusting.” Moussaoui’s lawyer also says the government has not attempted to talk to Moussaoui since 9/11. [New York Times, 3/5/2003; New York Times, 3/6/2003]

Entity Tags: Richard C. Reid, Zacarias Moussaoui, US Department of Justice, Robert S. Mueller III, Coleen Rowley

Category Tags: Zacarias Moussaoui, Internal US Security After 9/11, Counterterrorism Policy/Politics

CIA general counsel Scott Muller writes to Jane Harman (D-CA), a member of the House Intelligence Committee, but fails to respond fully to questions about the CIA’s use of enhanced interrogation techniques. [Central Intelligence Agency, 2/28/2003 pdf file] Following a briefing earlier in the month about the legality of the techniques (see February 2003), Harman had written to Muller and CIA Director George Tenet asking whether using the techniques was good policy for the US: “I would like to know whether the most senior levels of the White House have determined that these practices are consistent with the principles and policies of the United States. Have the enhanced techniques been authorized and approved by the President?” She also urges the CIA not to destroy videotapes of detainee interrogations because they are “the best proof that the written record is accurate,” and their destruction “would reflect badly on the Agency.” [US Congress, 2/10/2003 pdf file] In his reply, Muller completely fails to mention the tapes or say whether Bush has been consulted. He also says it would be inappropriate for him to comment on policy issues, merely that “it would be fair to assume that policy as well as legal matters have been addressed within the Executive Branch.” [Central Intelligence Agency, 2/28/2003 pdf file]

Entity Tags: House Intelligence Committee, Central Intelligence Agency, George W. Bush, Scott Muller, Jane Harman, George J. Tenet

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics

The CIA tells anti-terrorist authorities in Italy that it has reliable information that Hassan Mustafa Osama Nasr (a.k.a. Abu Omar), a radical Islamist cleric who was under joint Italian-CIA surveillance in Milan until recently, is in Bosnia. This is a deliberate lie; the CIA knows Nasr is in Egypt, as it recently kidnapped him and took him there, handing him over to Egyptian authorities (see Noon February 17, 2003). According to the Washington Post, the purpose of the lie is “to stymie efforts by the Italian anti-terrorism police to track down the cleric….” The Italians believe the CIA’s story for more than a year, but subsequently discover the CIA was involved in his kidnapping. [Washington Post, 12/6/2005]

Entity Tags: Hassan Mustafa Osama Nasr, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Category Tags: Counterterrorism Policy/Politics

Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]Following his arrest in Pakistan (see February 29 or March 1, 2003), al-Qaeda leader Khalid Shaikh Mohammed (KSM) finds himself in CIA custody. After two days of detention in Pakistan, where, he will allege, he is punched and stomped upon by a CIA agent, he is sent to Afghanistan. After being transferred to Guantanamo in 2006, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). Mohammed will say of his transfer: “My eyes were covered with a cloth tied around my head and with a cloth bag pulled over it. A suppository was inserted into my rectum. I was not told what the suppository was for.” [New York Review of Books, 3/15/2009]
Naked - He is reportedly placed in a cell naked for several days and repeatedly questioned by females as a humiliation. He is attached to a dog leash and repeatedly yanked into the walls of his cell. He is suspended from the ceiling, chained naked in a painful crouch for long periods, doused with cold water, and kept in suffocating heat. [New Yorker, 8/6/2007; MSNBC, 9/13/2007] On arriving in Afghanistan, he is put in a small cell, where, he will recall, he is “kept in a standing position with my hands cuffed and chained to a bar above my head.” After about an hour, “I was taken to another room where I was made to stand on tiptoes for about two hours during questioning.”
Interrogators - He will add: “Approximately 13 persons were in the room. These included the head interrogator (a man) and two female interrogators, plus about 10 muscle guys wearing masks. I think they were all Americans. From time to time one of the muscle guys would punch me in the chest and stomach.” This is the usual interrogation session that Mohammed will experience over the next few weeks.
Cold Water - They are interrupted periodically by his removal to a separate room. There, he will recall, he is doused with “cold water from buckets… for about 40 minutes. Not constantly as it took time to refill the buckets. After which I would be taken back to the interrogation room.”
No Toilet Access - During one interrogation, “I was offered water to drink; when I refused I was again taken to another room where I was made to lie [on] the floor with three persons holding me down. A tube was inserted into my anus and water poured inside. Afterwards I wanted to go to the toilet as I had a feeling as if I had diarrhea. No toilet access was provided until four hours later when I was given a bucket to use.” When he is returned to his cell, as he will recall, “I was always kept in the standing position with my hands cuffed and chained to a bar above my head.” [New York Review of Books, 3/15/2009] However, he is resistant to these methods, so it is decided he will be transferred to a secret CIA prison in Poland (see March 7 - Mid-April, 2003), where he will be extensively waterboarded and tortured in other ways.

Entity Tags: International Committee of the Red Cross, Khalid Shaikh Mohammed, Central Intelligence Agency

Timeline Tags: Torture of US Captives, 9/11 Timeline

Category Tags: Khalid Shaikh Mohammed, Destruction of CIA Tapes, High Value Detainees, Counterterrorism Action After 9/11, Counterterrorism Policy/Politics

An article in the New Republic claims that “President Bush has repeatedly stifled efforts to strengthen domestic safeguards against further terrorist attacks. As a consequence, homeland security remains perilously deficient.” The article cites numerous examples to support this contention, and comments: “Bush’s record on homeland security ought to be considered a scandal. Yet, not only is it not a scandal, it’s not even a story, having largely failed to register with the public, the media, or even the political elite.” It points out numerous examples where the administration has opposed the spending of more money to protect against an attack and argues: “The White House appears to grasp that Bush’s standing on national security issues, especially after September 11, is so unassailable that he does not need to shore it up. Instead, the administration seems to view his wartime popularity as a massive bank of political capital from which they can withdraw and spend on other, unrelated causes. In the short run, this strategy is a political boon for Bush and his party. But, in the long run, it divides and weakens the nation against its external threats.” [New Republic, 3/3/2003] Here are some of the examples of evidence supporting this article’s arguments pointed out in this and subsequent articles:
bullet Airports are said to be unacceptably vulnerable to terrorism. [Associated Press, 6/8/2004]
bullet Terrorist watch lists remain unconsolidated. [United Press International, 4/30/2003]
bullet Basic background checks on air security personnel remain undone. [Time, 7/8/2003]
bullet The Treasury Department has assigned five times as many agents to investigate Cuban embargo violations as it has to track al-Qaeda’s finances. [Associated Press, 4/30/2004]
bullet The White House has spurned a request for 80 more investigators to track and disrupt the global financial networks of US-designated terrorist groups. [New York Times, 4/4/2004]
bullet Cases involving “international terrorism” have been fizzling out in US courts. [Los Angeles Times, 12/9/2003]
bullet Experts have concluded that the Iraq War has diverted resources from the war on terrorism and made the US less secure. [MSNBC, 7/29/2003; Salon, 7/31/2003]
bullet Investigations have shown that most chemical plants across the US remain dangerously vulnerable to a guerilla-style attack. Some plants have virtually no security at all, often not even locked gates. Explosions at some of these plants could kill more than a million people. Yet the Bush administration has so far successfully opposed strengthening security regulations, apparently at the behest of chemical industry lobbyists. [New Republic, 3/3/2003; New Jersey Star-Ledger, 1/28/2005]
bullet There has been a huge increase in government spending to train and respond to terrorist attacks, but Time magazine reports that the geographical spread of “funding appears to be almost inversely proportional to risk.” [Time, 3/21/2004]
bullet Several high-profile studies have concluded that despite its frequent “bear any burden” rhetoric, the Bush administration has grossly underfunded domestic security. [New Republic, 3/3/2003; New York Times, 7/25/2003]
bullet Community-based “first responders” lack basic equipment, including protective clothing and radios. [New Republic, 3/3/2003; New York Times, 7/25/2003]
bullet Spending on computer upgrades, airport security, more customs agents, port security, border controls, chemical plant security, bioweapon vaccinations, and much more, is far below needed levels and often below Promised levels. [New Republic, 3/3/2003]

Entity Tags: Al-Qaeda, Bush administration (43), Central Intelligence Agency, US Department of the Treasury, George W. Bush

Category Tags: Counterterrorism Policy/Politics, Internal US Security After 9/11

The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008).
President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008] Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. [Washington Post, 4/6/2008]
'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted.
Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008; New York Times, 4/2/2008]
Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. [Washington Post, 4/4/2008]

Entity Tags: US Department of Justice, John C. Yoo, Larry D. Thompson, Al-Qaeda, Office of Legal Counsel (DOJ), Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

Category Tags: Counterterrorism Policy/Politics

Beginning in late April 2003, when the first civilian cargo planes begin arriving in Baghdad (see Late April 2003), through at least 2007, Victor Bout front companies fly supplies into Iraq for the US military. Bout is the world’s biggest arms dealer, with links to the Taliban, al-Qaeda, and other militant and rebel groups around the world. The United Nations has banned all business dealings with his companies since before 9/11. Around October 2003, the CIA apparently learns that Bout’s planes have been flying into Iraq, but this warning does not lead to any action to stop such flights. [Farah and Braun, 2007, pp. 232]
Bout Flights Exposed by Media - Starting in May 2004, various newspapers occasionally report on how Bout front companies are supplying the US military. Some actions are eventually taken against him. For instance, on July 22, 2004, President Bush signs an executive order declaring Bout a “specially designated person,” permanently freezes his assets, and bans all US business with his companies. [Farah and Braun, 2007, pp. 225, 237]
Continued Collaboration - But the US military continues to hire Bout’s companies for Iraq supply flights. One Bout front company alone is estimated to make about 1,000 flights into US controlled air bases in Iraq by the end of 2004. [Farah and Braun, 2007, pp. 225] A Pentagon spokesman will later confirm that the US military gave at least 500,000 gallons of free airplane fuel to Bout’s pilots. US government contractors pay Bout-controlled companies roughly $60 million to fly supplies into Iraq. [ABC News, 3/6/2008] Journalist Stephen Braun will later claim, “The US military insisted they had no responsibility for Bout’s hiring, because, as [Deputy Defense Secretary] Paul Wolfowitz said, he was a ‘second-tier contractor’-in other words, hired by, say, [Kellogg, Brown, and Root] or FedEx, not directly by the Army or the Marines. But there were other reports of direct contracts. [The Defense Department] made no effort to put Bout on a no-fly list early on, and made only perfunctory follow-up efforts to find out the backgrounds of the companies flying for them.” [Harper's, 7/26/2007]
Bout Flights Continue - In early 2006, it will be reported, “The New Republic has learned that the Defense Department has largely turned a blind eye to Bout’s activities and has continued to supply him with contracts, in violation of [Bush’s] executive order and despite the fact that other, more legitimate air carriers are available.” [New Republic, 1/12/2006] In 2008, Douglas Farah, who co-wrote a 2007 book with Braun about Bout, will tell ABC News that Bout may have worked on behalf of the US government as recently as 2007. [ABC News, 3/6/2008]
Outrage - Gayle Smith of the National Security Council will comment in 2007: “It’s an obscenity. It’s contrary to a smart war on terror. Even if you needed a cut-out (to transport supplies) why would you go to the one on the bottom of the pile, with the most blood on his hands? Because he worked fastest and cheapest? What’s the trade-off? Where’s the morality there?” National Security Council adviser Lee Wolosky, who led a US effort to apprehend Bout before 9/11, will similarly complain, “It befuddles the mind that the Pentagon would continue to work with an organization that both the Clinton and Bush White Houses actively fought to dismantle.” [Farah and Braun, 2007, pp. 237]
Theories - Some officials and experts believe the US military is simply being incompetent by repeatedly hiring Bout. Others suggest there was some kind of secret deal. For instance, one senior Belgian Foreign Ministry official involved in efforts to try to arrest Bout comments: “Not only does Bout have the protection of the US government, he now works for them as well. It’s incredible, amazing. It has to be the only reason why he is still around and free.” [Farah and Braun, 2007, pp. 224-225] In 2006, Bout’s companies will supply weapons to Hezbollah in Lebanon (see July 2006) and an al-Qaeda linked militant group in Somalia (see Late July 2006). Bout will finally be arrested by US agents in Thailand in March 2008 (see March 6, 2008).

Entity Tags: Lee Wolosky, US Military, Victor Bout, Gayle Smith, US Department of Defense

Category Tags: Victor Bout, Iraq War Impact on Counterterrorism, Counterterrorism Action After 9/11, Counterterrorism Policy/Politics

US troops in Saudi Arabia at some point before 9/11.US troops in Saudi Arabia at some point before 9/11. [Source: PBS]On April 30, 2003, the US announces that it is withdrawing most of its troops from Saudi Arabia. About 10,000 US soldiers have been stationed there since the first Gulf War (see August 5, 1990 and After and March 1991). The withdrawal is completed by the end of August 2003. About several hundred US military personnel remain in the country to train Saudi forces and tend to military sales. The US moves the rest of its troops to new bases in Qatar and other Persian Gulf countries, as well as building new bases in Iraq, conquered just a month before the announcement. [Agence France-Presse, 8/26/2003] The withdrawal of US troops from Saudi Arabia has been bin Laden’s most persistent demand since the troops entered the country in 1990. For instance, in his 1996 fatwa (see August 1996), he said, “The latest and greatest of these aggressions incurred by Muslims since the death of the Prophet… is the occupation of the land of the two Holy Places… by the armies of the American Crusaders and their allies.” [Daily Telegraph, 4/30/2003] One senior US military official says the decision to leave was made partly to help relieve internal political pressure on the royal family: “The Saudis will be happy when we leave. But they’re concerned that it not look as if it’s precipitous, because it will look like bin Laden won.” [Washington Post, 4/30/2003] One unnamed senior Saudi prince who participated in high-level debates about the withdrawal says, “We are fighting for our lives, and we are going to do what is necessary to save our behinds.” [New York Times, 4/30/2003]

Entity Tags: United States, Saudi Arabia, Osama bin Laden

Category Tags: US Dominance, Saudi Arabia, Counterterrorism Policy/Politics

Sadegh Kharrazi.Sadegh Kharrazi. [Source: University of Cambridge]In the wake of the US-led conquest of Iraq, the government of Iran worries that they will be targeted for US invasion next. Sadegh Kharrazi, Iran’s ambassador to France and the nephew of Foreign Minister Kamal Kharrazi, drafts a bold proposal to negotiate with the US on all the outstanding conflicts between them. [American Prospect, 5/21/2006] Diplomats refer to the proposal as “the grand bargain.” The US sends neoconservative Zalmay Khalilzad, a senior National Security Council official, to talk with Iran’s UN ambassador, Javad Zarif. [Vanity Fair, 3/2007] The proposal was reviewed and approved by Iran’s top leaders Supreme Leader Ayatollah Ali Khamenei, President Mohammad Khatami, and Foreign Minister Kamal Kharrazi. Tim Guldimann, the Swiss ambassador to Iran, is used as an intermediary since the US and Iran do not have formal diplomatic relations. [Washington Post, 2/14/2007]
bullet According to the language of the proposal, it offers “decisive action against any terrorists (above all, al-Qaeda) in Iranian territory” and “full cooperation and exchange of all relevant information.” In return, Iran wants “pursuit of anti-Iranian terrorists, above all [the Mujahedeen-e Khalq (MEK)],” a dissident Iranian group which the US officially lists as a terrorist organization.
bullet Iran also offers to accept much tighter controls by the International Atomic Energy Agency (IAEA) in exchange for “full access to peaceful nuclear technology.” It proposes “full transparency for security [assurance] that there are no Iranian endeavors to develop or possess WMD” and “full cooperation with IAEA based on Iranian adoption of all relevant instruments (93+2 and all further IAEA protocols).” That is a references to IAEA protocols that would guarantee the IAEA access to any declared or undeclared facility on short notice.
bullet The proposal also offers a dramatic change in Iranian policy towards Israel. Iran would accept an Arab league declaration approving a land-for-peace principle and a comprehensive peace with Israel in return for Israel’s withdrawal to 1967 lines, a softening of Iran’s usual policy.
bullet The proposal further offers to stop any Iranian support of Palestinian opposition groups such as Hamas and proposes to convert Hezbollah into “a mere political organization within Lebanon.” It further offers “coordination of Iranian influence for activity supporting political stabilization and the establishment of democratic institutions and a nonreligious government” in Iraq.
bullet In return, Iran wants a democratic government in Iran, which would mean its Shiite allies would come to power since the Shiites make up a majority of the Iraqi population. The proposal wants the US to remove Iran from its “axis of evil” and list of terrorism sponsors. [American Prospect, 5/21/2006]
US Rejects Offer - The US flatly rejects the idea. “We’re not interested in any grand bargain,” says Undersecretary of State for Arms Control and International Security John Bolton. [Vanity Fair, 3/2007] The American Prospect will later comment that “Iran’s historic proposal for a broad diplomatic agreement should have prompted high-level discussions over the details of an American response.” State Department counterterrorism expert Flynt Leverett will later call it a “respectable effort” to start negotiations with the US. But within days, the US rejects the proposal without even holding an interagency meeting to discuss its possible merits. Guldimann, the Swiss intermediary, is reprimanded for having passed the proposal to the US. [American Prospect, 5/21/2006] Larry Wilkerson, Secretary of State Colin Powell’s chief of staff, will later say that it was a significant proposal for beginning “meaningful talks” between the US and Iran but that it “was a non-starter so long as [Dick] Cheney was Vice President and the principal influence on Bush.” [Newsweek, 2/8/2007] He will also say that the State Department supported the offer, “[b]ut as soon as it got to the Vice President’s office, the old mantra of ‘We don’t talk to evil‘… reasserted itself” and Cheney’s office turned the offer down. [BBC, 1/18/2007] Deputy Secretary of State Richard Armitage will later claim that, “We couldn’t determine what was the Iranians’ and what was the Swiss ambassador’s,” and says that he though the Iranians “were trying to put too much on the table.” National Security Adviser Condoleezza Rice will say of the proposal, “Perhaps somebody saw something of the like” but “I just don’t remember ever seeing any such thing.” [Newsweek, 2/8/2007] Colin Powell will later say that President Bush simply didn’t want to negotiate with an Iranian government that he believed should not be in power. “My position… was that we ought to find ways to restart talks with Iran… But there was a reluctance on the part of the president to do that.” He also says, “You can’t negotiate when you tell the other side, ‘Give us what a negotiation would produce before the negotiations start.’” [Newsweek, 2/12/2007] Days later, Iran will propose a more limited exchange of al-Qaeda prisoners for MEK prisoners, but the US will reject that too (see Mid-May 2003). Author Craig Unger will later write, “The grand bargain was dead. Flush with a false sense of victory, Bush, Cheney, and [Defense Secretary Donald] Rumsfeld felt no need to negotiate with the enormous oil-rich country that shared a border with the country America had just invaded.” [Unger, 2007, pp. 308-309]
Proposal Echoed Four Years Later - In 2007, the BBC will note, “Observers say the Iranian offer as outlined nearly four years ago corresponds pretty closely to what Washington is demanding from Tehran now.” [BBC, 1/18/2007]

Entity Tags: Kamal Kharrazi, Lawrence Wilkerson, Mohammad Javad Zarif, Zalmay M. Khalilzad, Richard (“Dick”) Cheney, People’s Mujahedin of Iran, Richard Armitage, International Atomic Energy Agency, Hojjat ol-Eslam Seyyed Mohammad Khatami, Flynt Leverett, Hamas, Al-Qaeda, Colin Powell, Hezbollah, Condoleezza Rice, Seyyed Ali Khamenei, Donald Rumsfeld, Tim Guldimann, George W. Bush

Timeline Tags: US confrontation with Iran

Category Tags: Counterterrorism Policy/Politics

On May 7, 2003, Leonie Brinkema, the judge in the Zacarias Moussaoui trial, asks the CIA if it has recordings of interrogations of detainees related to Moussaoui’s case. Two days later, the CIA replies that it does not, although it is actually in possession of some recordings. In 2002, the CIA secretly videotaped interrogations of high-ranking detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002) but it does not reveal this to anyone involved in the Moussaoui trial. In 2005, some of these videotapes will be destroyed (see November 2005), around the time the Brinkema makes a repeat request for the tapes (see November 3-14, 2005). However, other recordings—two videotapes and one audio tape—will survive and will finally be viewed by Moussaoui’s prosecutors in 2007, long after Moussaoui has been convicted (see September 19 and October 18, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007] Although the identity of the detainees in the recordings requested is not known, one of the prosecutors will later say, “Obviously the important witnesses included [Abu] Zubaidah, [Ramzi] bin al-Shibh, and KSM [Khalid Shaikh Mohammed]… those are the guys at the head of the witness list.” However, he will not specifically recall which tapes are requested. [Associated Press, 12/7/2007]

Entity Tags: Central Intelligence Agency, Leonie Brinkema, Zacarias Moussaoui

Timeline Tags: Torture of US Captives, 9/11 Timeline

Category Tags: Zacarias Moussaoui, Destruction of CIA Tapes, High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics, Khalid Shaikh Mohammed, Ramzi Bin Al-Shibh

The FBI and Customs Department had been waging a bureaucratic war over control of Operation Greenquest, a controversial but largely fruitful Customs terrorist finance investigation (see After March 20, 2002-Early 2003). On May 13, 2003, Attorney General John Ashcroft and Homeland Security Secretary Tom Ridge signed a memorandum of agreement giving the FBI near total control over all terrorist finance investigations. According to the memorandum, if the FBI feels the case is related to terrorist financing and should belong to them, “the investigation and operation of the matter shall be led by the FBI.” The agreement also effectively ends Greenquest. The memo states, “The Secretary [of Homeland Security] agrees that no later than June 30, 2003, Operation Greenquest will no longer exist as a program name.” [National Review, 5/27/2003]

Entity Tags: US Customs Service, Operation Greenquest, John Ashcroft, Federal Bureau of Investigation, Tom Ridge

Timeline Tags: 9/11 Timeline

Category Tags: Terrorism Financing, Counterterrorism Policy/Politics

Saif al-Adel.Saif al-Adel. [Source: FBI]Around May 4, 2003, Iran attempted to start negotiations in an attempt to resolve all outstanding issues between Iran and the US. The US completely rejected the offer within days. Iran immediately comes back with a more limited proposal, offering to hand over a group of al-Qaeda leaders being held in Iran in return for the US to hand over leaders of the Mujahedeen of Iran (MEK). The US had already officially listed MEK as a terrorist group. [American Prospect, 5/21/2006] Iran is believed to be holding a number of top al-Qaeda leaders, including military commander Saif al-Adel and Osama bin Laden’s son Saad bin Laden (see Spring 2002). The US had captured about 4,000 members of MEK in Iraq the month before, in bases where they had been staging attacks against Iran. Iran pledges to grant amnesty to most of the MEK prisoners, try only 65 leaders, forgo the death penalty on them, and allow the Red Cross to supervise the transfer. [Washington Post, 7/9/2004] Iran proposes to start with an exchange of information, offering to share the list of names of al-Qaeda operatives they are detaining in return for the US to share the list of names of MEK operatives US forces has captured in Iraq. This exchange of names is discussed at a White House meeting. Hardliners in favor of regime change in Iran argue that MEK is different than al-Qaeda. President Bush is said to respond, “But we say there is no such thing as a good terrorist.” [American Prospect, 5/21/2006] And he initially seems in favor of a prisoner exchange, saying about the MEK, “Why not? They’re terrorists.” [Washington Post, 7/9/2004] But Bush does not immediately approve the exchange of names, although he does approve the disarming of MEK who have surrendered to US troops and he allows the State Department to continue secret negotiations on the issue of exchanging names and prisoners in Switzerland. But on May 12, 2003, a bombing in Riyadh, Saudi Arabia kills a number of US citizens (see May 12, 2003). Defense Secretary Rumsfeld, Vice President Cheney, and other neoconservatives argue that the bombing was planned by al-Qaeda leaders being held in Iran. [American Prospect, 5/21/2006] The Washington Post will report in 2007 that, “US intelligence officials said there are suspicions, but no proof, that one of [the al-Qaeda leaders in Iran] may have been involved from afar in planning” the Riyadh bombing. Some of Bush’s top advisers argue in favor of trading the prisoners, suggesting that directly interrogating the al-Qaeda leaders could result in important new intelligence leads. But Cheney and Rumsfeld argue that any deal would legitimize Iran’s government. Bush ultimately offers to accept information about the al-Qaeda leaders without offering anything in return. Not surprisingly, Iran refuses. [Washington Post, 2/10/2007] A planned meeting between US and Iranian officials on May 21 is canceled and negotiations come to a halt. The American Prospect will later comment, “In a masterstroke, Rumsfeld and Cheney had shut down the only diplomatic avenue available for communicating with Iran and convinced Bush that Iran was on the same side as al-Qaeda.” [American Prospect, 5/21/2006] Flynt Leverett, a State Department official dealing with Middle East policy, will later say, “Why we didn’t cut this deal is beyond me.” [Washington Post, 7/9/2004] One anonymous senior US official will later say, “One reason nothing came of it was because we knew that there were parts of the US government who didn’t want to give them the MEK because they had other plans for them… like overthrowing the Iranian government.” [MSNBC, 6/24/205]

Entity Tags: US Department of State, People’s Mujahedin of Iran, Flynt Leverett, George W. Bush, Al-Qaeda, Donald Rumsfeld, Richard (“Dick”) Cheney

Timeline Tags: US confrontation with Iran

Category Tags: Counterterrorism Action After 9/11, Counterterrorism Policy/Politics

Charged with supporting al-Qaeda in September 2002, all of the “Lackawanna Six” originally pled not guilty (see September 13, 2002). But by May 19, 2003, all of them change their minds and plead guilty. They accept prison terms of 6 and a half to 9 years. The Washington Post reports that the fear of being declared “enemy combatants” led “the Lackawanna Six” to engage in plea bargain talks. The six men all plead guilty of providing support to a terrorist organization and received prison sentences of six-and-a-half to nine years. “We had to worry about the defendants being whisked out of the courtroom and declared enemy combatants if the case started going well for us,” says Patrick J. Brown, attorney for one of the six. “So we just ran up the white flag and folded.” [Washington Post, 7/29/2003] “Basically, what was related to us,” says James Harrington, attorney for another, “was that if the case was not resolved by a plea, the government was going to consider any options that it had. They didn’t say they were going to do it [declare them ‘enemy combatants’], they just were going to consider it.” [Guardian, 12/3/2003] This is corroborated by the US federal attorney responsible for the prosecution of the six, Michael Battle. He says his office never explicitly threatened invoking the enemy combatant status, because he did not have to. Everybody knew this threat was in the air. “I don’t mean to sound cavalier,” he says, “but the war on terror has tilted the whole [legal] landscape. We are trying to use the full arsenal of our powers. I’m not saying the ends justify the means,” he adds. “But you have to remember that we’re protecting the rights of those who are being targeted by terror as well as the rights of the accused.” [Washington Post, 7/29/2003] Neal R. Sonnett, speaking as the chairman of the American Bar Association’s Task Force on Treatment of Enemy Combatants, says: “The defendants believed that if they didn’t plead guilty, they’d end up in a black hole forever. There’s little difference between beating someone over the head and making a threat like that.” [Washington Post, 7/29/2003] “Nothing illustrates the US government’s new power over suspects… better than the case of the Lackawanna Six,” Guardian journalist James Meek observes. [Guardian, 12/3/2003]

Entity Tags: Yaseinn Taher, Yahya Goba, Faysal Galab, Sahim Alwan, Neal R. Sonnett, Shafel Mosed, Michael A. Battle, Mukhtar al-Bakri, Patrick J. Brown

Timeline Tags: Torture of US Captives

Category Tags: "Lackawanna Six", Counterterrorism Policy/Politics, Internal US Security After 9/11

In a joint press conference with President Arroyo of the Philippines, President Bush says of the relationship between poverty and terrorism: “First, let me make it very clear, poor people aren’t necessarily killers. Just because you happen to be not rich doesn’t mean you’re willing to kill. And so it’s important to understand—people are susceptible to the requirement by these extremists, but I refuse to put a—put killers into a demographic category based upon income.” [White House, 5/19/2003]

Entity Tags: Gloria Macapagal Arroyo, George W. Bush

Category Tags: Counterterrorism Policy/Politics

CIA officials ask for reauthorization of the controversial harsh interrogation methods (see April 2002 and After and August 1, 2002) that had been withdrawn (see December 2003-June 2004) after the revelation of abuse and torture at Iraq’s Abu Ghraib prison (see November 5, 2003). The CIA has captured a new al-Qaeda suspect in Asia, and top agency officials ask the National Security Council Principals Committee—Vice President Dick Cheney, National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, CIA Director George Tenet, Secretary of State Colin Powell, and Attorney General John Ashcroft—for permission to use extreme methods of interrogation against the new detainee. Rice, who chairs the Principals Committee, says: “This is your baby. Go do it.” [ABC News, 4/9/2008] The name of the new suspect captured in Asia is not mentioned, but Hambali is captured in Thailand in August 2003 (see August 12, 2003), and he is the only prominent al-Qaeda figure arrested that summer. He is considered one of al-Qaeda’s most important leaders. There are some reports that he is one of only about four prisoners directly waterboarded by the US (see Shortly After August 12, 2003).

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Al-Qaeda, Colin Powell, Condoleezza Rice, George J. Tenet, John Ashcroft, Hambali, National Security Council, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Category Tags: High Value Detainees, Counterterrorism Policy/Politics, Hambali

Kean (left) and Hamilton (right) of the 9/11 Commission.Kean (left) and Hamilton (right) of the 9/11 Commission. [Source: Doug Mills / New York Times]The 9/11 Commission does not receive video or audio recordings of interrogations of detainees thought to know something about the 9/11 plot (see Spring-Late 2002), even though it is unhappy with the amount and quality of information it is getting from detainees (see Summer 2003) and has a series of meetings with CIA officials to improve access (see November 5, 2003-January 2004). The CIA will indicate that the Commission never asks for the tapes, saying it “went to great lengths to meet the requests of the 9/11 Commission,” and that one of the reasons that the tapes are not destroyed until after the Commission releases its final report in 2004 is so that it could have the tapes, if it so desires. [New York Times, 12/8/2007] However, when the tapes’ destruction is revealed in late 2007 (see November 2005 and December 6, 2007), former 9/11 Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will dispute this, saying that in hours of negotiations and discussions with the CIA and written requests they make it clear they want all material connected to the interrogations of the relevant detainees. [International Herald Tribune, 12/8/2007] Kean will say, “They knew what they had and they didn’t give it to us.” [ABC News, 12/7/2007] Hamilton will say, “The CIA certainly knew of our interest in getting all the information we could on the detainees, and they never indicated to us there were any videotapes… Did they obstruct our inquiry? The answer is clearly yes. Whether that amounts to a crime, others will have to judge.” [International Herald Tribune, 12/8/2007]

Entity Tags: Thomas Kean, Central Intelligence Agency, Lee Hamilton, 9/11 Commission

Timeline Tags: Torture of US Captives, 9/11 Timeline

Category Tags: 9/11 Commission, Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics, 9/11 Investigations

Donald Rumsfeld selects retired Gen. Peter J. Schoomaker as the Army’s chief of staff, bypassing several highly qualified active generals. Schoomaker is the general who failed to locate bin Laden during the Clinton administration (see December 23, 1998-January 12, 1999). Senior defense officials tell the Associated Press that Rumsfeld’s decision to bypass senior active-duty generals in favor of a retired officer is highly unusual and likely to raise eyebrows. [Associated Press, 6/10/2003]

Entity Tags: Peter J. Schoomaker, Donald Rumsfeld

Category Tags: Counterterrorism Policy/Politics

Clockwise from top left: Karim Koubriti, Ahmed Hannan, Abdel-Ilah Elmardoudi, and Farouk Ali-Haimoud.Clockwise from top left: Karim Koubriti, Ahmed Hannan, Abdel-Ilah Elmardoudi, and Farouk Ali-Haimoud. [Source: US Department of Corrections, via Reuters]Verdicts are announced in a trial of four men who lived in a Detroit apartment on 9/11 that had previously been rented by al-Qaeda operative Nabil al-Marabh (see September 17, 2001). Abdel-Ilah Elmardoudi and Karim Koubriti are convicted of conspiring to provide material support to terrorists and also document fraud. Ahmed Hannan is convicted of document fraud. Farouk Ali-Haimoud is cleared of all charges. Justice Department officials, including Attorney General John Ashcroft, assert the men were in an al-Qaeda sleeper cell and had plans to attack targets in the US, Jordan, and Turkey. The verdicts are hailed as the first successful post-9/11 terrorism prosecution. [Washington Post, 12/31/2003] However, the case soon begins to fall apart. The judge learns the prosecution had withheld evidence in the case, and in December 2003, orders an internal Justice Department inquiry. In August 2004, the inquiry asks the judge to throw out the convictions because of prosecutorial misconduct, which he does. For instance, it is revealed that the only witness in the trial, Youssef Hmimssa, told a fellow prisoner that he had made up all his evidence against the defendants. But the prosecution kept this information, and much more that was potentially damaging to their case, from the jury. The Washington Post later reports that the inquiry concludes “the prosecution stuck doggedly to its theory in defiance of plausible explanations and advice from other US government officials. Records suggest prosecutors withheld evidence that cast doubt on their conclusions, even when ordered by superiors to deliver documents to the defense.” By late 2005, it will be reported that a federal grand jury is investigating whether the lead prosecutor, Richard Convertino, or anyone else should be indicted. Convertino meanwhile will sue Ashcroft and other Justice Department superiors, accusing them of mismanaging the case and retaliating against him for testifying critically about the Justice Department before Congress. [Washington Post, 12/31/2003; Associated Press, 8/30/2004; Washington Post, 11/20/2005] But Convertino will later be found not guilty of withholding evidence during the trial. Furthermore, it will be revealed that key evidence withheld from the defense actually would have strengthened the prosecution’s case, not the defense case. The Associated Press will later comment that a new analysis of the evidence suggests that there may have been a Detroit sleeper cell after all (see November 1, 2007).

Entity Tags: Yousef Hmimssa, Richard Convertino, Karim Koubriti, John Ashcroft, Federal Bureau of Investigation, Abel-Ilah Elmardoudi, Ahmed Hannan, Farouk Ali-Haimoud

Timeline Tags: 9/11 Timeline

Category Tags: Nabil Al-Marabh, Counterterrorism Policy/Politics, Internal US Security After 9/11

Michael DeLong.Michael DeLong. [Source: PBS]In a secret memo, Gen. George Casey, Jr., director of the US military’s Joint Staff, warns Gen. Michael DeLong at Central Command (Centcom) that the “CIA has advised that the techniques the military forces are using to interrogate high value detainees (HVDs)… are more aggressive than the techniques used by CIA who is [sic] interviewing the same HVDs.” DeLong replies to Casey that the techniques being used are “doctrinally appropriate techniques” in line with Army regulations and Defense Secretary Donald Rumsfeld’s direction. [New Yorker, 6/17/2007] It will later come out that the CIA was using techniques on these detainees widely considered to be torture, such as waterboarding. But little is known about military treatment of these detainees or the techniques they used.

Entity Tags: George Casey, Michael DeLong, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Category Tags: High Value Detainees, Counterterrorism Policy/Politics

Bush and Musharraaf at the Camp David press conference.Bush and Musharraaf at the Camp David press conference. [Source: David Bohrer / White House]At a joint Camp David press conference with Pakistani President Pervez Musharraaf, President Bush declares that al-Qaeda’s leadership is largely defunct. He says, “Thanks to President Musharraf’s leadership, on the al-Qaeda front we’ve dismantled the chief operators of al-Qaeda.” Although bin Laden is still at large, “the people reporting to him, the chief operators, people like Khalid Shaikh Mohammed are no longer a threat to the United States or Pakistan, for that matter.” He adds that, “[S]lowly but surely, we’re dismantling the networks.” [White House, 6/24/2003; Washington Post, 9/9/2007] But the declaration is premature, as al-Qaeda’s leadership eventually revives in Pakistan’s tribal region near the Afghanistan border. [Washington Post, 9/9/2007]

Entity Tags: Al-Qaeda, Pervez Musharraf, Khalid Shaikh Mohammed, George W. Bush, Osama bin Laden

Category Tags: Counterterrorism Policy/Politics

Shortly after he is arrested in Thailand (see August 12, 2003), al-Qaeda leader Hambali is taken to an unknown location and tortured. [MSNBC, 9/13/2007]

Entity Tags: Central Intelligence Agency, Hambali

Timeline Tags: Torture of US Captives

Category Tags: Hambali, High Value Detainees, Counterterrorism Policy/Politics

Victor Bout in 2003.Victor Bout in 2003. [Source: James Hill / Contact Press]The New York Times Magazine publishes an article based on an interview with Victor Bout, the world’s biggest illegal arms dealer. Bout worked extensively with the Taliban in the years before 9/11, and because of this, he claims, “I woke up after Sept. 11 and found I was second only to Osama,” in terms of being a wanted criminal. But he hints that he has powerful connections. “My clients, the governments… I keep my mouth shut.” He also points to the middle of his forehead and adds, “If I told you everything I’d get the red hole right here.” When asked about his possible ties to Russian intelligence, he says, “Until now you’ve been digging in a big lake with small spoons. There are huge forces…” He breaks his sentence, and explains to the reporter that he cannot explain too much about what the report calls “the triangulated relationship between him, governments, and his rogue clients.” An unnamed British arms investigator claims, “Bout is encouraged by Western intelligence agencies when it’s politically expedient.” Bout, a Russian, is interviewed in Moscow, where “he lives in plain sight… under the apparent protection of a post-Communist system that has profited from his activities as much as he has.” [New York Times Magazine, 8/17/2003] It will later be alleged that Bout began working with US intelligence shortly after 9/11, if not before, despite being the main arms dealer to the Taliban (see Shortly After September 11, 2001).

Entity Tags: Victor Bout

Category Tags: Victor Bout, Counterterrorism Policy/Politics

National Security Adviser Condoleezza Rice says in a speech, “The transformation of the Middle East is the only guarantee that it will no longer produce ideologies of hatred that lead men to fly airplanes into buildings in New York or Washington.” She adds, “Transformation in the Middle East will require a commitment of many years.” [White House, 8/25/2003]

Entity Tags: Condoleezza Rice

Category Tags: US Dominance, Counterterrorism Policy/Politics

After becoming unhappy with the quality of information it is receiving from the CIA about detainee interrogations (see Summer 2003), the 9/11 Commission not only gives the CIA more questions for detainees, but also asks it how the interrogations are carried out. The Commission thinks the second set of questions is the most important, but the CIA only responds to them in a vague manner. They concern the translation process in the interrogations, the interrogators’ background, the way the interrogators handle inconsistencies in the detainees’ stories, the particular questions that were asked to elicit reported information, the way interrogators followed up on certain lines of questioning, the context of the interrogations so the Commission can assess the credibility and demeanor of the detainees when they made the reported statements, and the interrogators’ views or assessments. According to a later account by Commission chairman Tom Kean and vice-chairman Lee Hamilton, CIA general counsel Scott Muller writes back with “non-specific replies.” Muller also fails to inform the Commission that the CIA has videotapes of some of the interrogations (see Summer 2003-January 2004). Because the Commission is “not satisfied” with Muller’s response, it pushes for direct access to detainees, but this attempt fails (see November 5, 2003-January 2004 and After January 2004). [New York Times, 1/2/2008]

Entity Tags: Lee Hamilton, 9/11 Commission, Central Intelligence Agency, Scott Muller, Thomas Kean

Timeline Tags: Torture of US Captives, 9/11 Timeline

Category Tags: 9/11 Commission, Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics, 9/11 Investigations

Defense Secretary Donald Rumsfeld writes a memo to his aides about US efforts to combat terrorism. In it, he asks: “Today we lack metrics to know if we are winning or losing the global war on terror. Are we capturing, killing or deterring and dissuading more terrorists every day than the madrassas and the radical clerics are recruiting, training and deploying against us?” He does not attempt to give an answer. He will be asked a similar question on television in 2005 and answer that he does not know (see June 26, 2005). But a US National Intelligence Estimate in 2006 will comment, “Although we cannot measure the extent of the spread with precision, a large body of all-source reporting indicates that activists identifying themselves as jihadists… are increasing in both number and geographic distribution” (see April 2006). [Salon, 3/27/2008]

Entity Tags: US Department of Defense, Donald Rumsfeld

Category Tags: Iraq War Impact on Counterterrorism, Counterterrorism Policy/Politics

Omar al-Faruq.Omar al-Faruq. [Source: Public domain]In a meeting with Indonesian President Megawati Sukarnoputri, President Bush falsely promises to let Hambali stand trial in Indonesia. Hambali, an Indonesian citizen wanted for a string of attacks in Indonesia, including the 2002 Bali bombings (see October 12, 2002), was recently arrested in Thailand and taken in US custody (see August 12, 2003). White House communications director Dan Bartlett tells reporters that Bush has “committed to work with [the Indonesian authorities] at an appropriate time, that he would work to make sure that Hambali was handed over.” An Indonesian foreign ministry spokesman adds: “Absolutely, Bush promised to hand over Hambali to Indonesia for trial. The only condition is that the process of interrogation (by US agents) has to be completed. Bush said that still needed more time.” The US has been sharing some information from Hambali’s interrogation with Indonesian authorities, but does not allow them to question him directly, allegedly for fear of information leaks. [Associated Press, 10/24/2003] In 2002, the US did allow Indonesian investigators to directly interrogate another Indonesian in US custody, Omar al-Faruq. Ironically, it appears that extensive details of al-Faruq’s interrogation were leaked to the media, but by US officials, not Indonesian ones (see June 5, 2002). The US will not allow Indonesian officials to directly interrogate Hambali during a 2005 trial of his alleged close associate Abu Bakar Bashir, allowing Bashir to go free (see March 3, 2005). In late 2005, Hank Crumpton, a senior State Department official visiting Indonesia, again makes the promise that the US will eventually turn Hambali over to the Indonesian government. [New York Times, 10/19/2005] But in 2006, the US transfers Hambali to the Guantanamo prison with the intention of eventually trying him before a military tribunal (see September 2-3, 2006).

Entity Tags: Hambali, Dan Bartlett, George W. Bush, Hank Crumpton, Megawati Sukarnoputri

Category Tags: Hambali, Al-Qaeda in Southeast Asia, High Value Detainees, Counterterrorism Policy/Politics

Muhammad Bashmilah.Muhammad Bashmilah. [Source: Public domain via Raw Story]Muhammad Bashmilah, a Yemeni detained in Jordan and then moved to a CIA prison in Afghanistan, will later say that he sees cameras in the prison. He will describe to his lawyer cameras both in his cells and in interrogation rooms, some on tripods and some on the wall. [New York Times, 12/11/2007] This claim contrasts with a later statement by the CIA saying that it stopped recording detainee interrogations in late 2002 (see Spring-Late 2002).

Entity Tags: Central Intelligence Agency, Muhammad Bashmilah

Timeline Tags: Torture of US Captives

Category Tags: Destruction of CIA Tapes, Counterterrorism Policy/Politics

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Key Events

Key Day of 9/11 Events (101)Key Hijacker Events (145)Key Warnings (95)

Day of 9/11

All Day of 9/11 Events (1312)Dick Cheney (55)Donald Rumsfeld (33)Flight AA 11 (145)Flight AA 77 (145)Flight UA 175 (87)Flight UA 93 (242)George Bush (130)Passenger Phone Calls (67)Pentagon (127)Richard Clarke (32)Shanksville, Pennsylvania (23)Training Exercises (56)World Trade Center (89)

The Alleged 9/11 Hijackers

Alhazmi and Almihdhar (343)Marwan Alshehhi (134)Mohamed Atta (206)Hani Hanjour (72)Ziad Jarrah (74)Other 9/11 Hijackers (172)Possible Hijacker Associates in US (79)Alleged Hijackers' Flight Training (73)Hijacker Contact w Government in US (33)Possible 9/11 Hijacker Funding (42)Hijacker Visas and Immigration (135)

Alhazmi and Almihdhar: Specific Cases

Bayoumi and Basnan Saudi Connection (51)CIA Hiding Alhazmi & Almihdhar (120)Search for Alhazmi/ Almihdhar in US (39)

Projects and Programs

Al-Qaeda Malaysia Summit (172)Able Danger (60)Sibel Edmonds (61)Phoenix Memo (27)Randy Glass/ Diamondback (8)Robert Wright and Vulgar Betrayal (67)Remote Surveillance (241)Yemen Hub (75)

Before 9/11

Soviet-Afghan War (105)Warning Signs (452)Insider Trading/ Foreknowledge (53)US Air Security (75)Military Exercises (83)Pipeline Politics (67)Other Pre-9/11 Events (56)

Counterterrorism before 9/11

Hunt for Bin Laden (158)Counterterrorism Action Before 9/11 (225)Counterterrorism Policy/Politics (252)

Warning Signs: Specific Cases

Foreign Intelligence Warnings (35)Bush's Aug. 6, 2001 PDB (39)Presidential Level Warnings (31)

The Post-9/11 World

9/11 Investigations (657)9/11 Related Criminal Proceedings (22)9/11 Denials (29)US Government and 9/11 Criticism (67)9/11 Related Lawsuits (24)Media (47)Other Post-9/11 Events (77)

Investigations: Specific Cases

9/11 Commission (257)Role of Philip Zelikow (87)9/11 Congressional Inquiry (41)CIA OIG 9/11 Report (16)FBI 9/11 Investigation (146)WTC Investigation (112)Other 9/11 Investigations (135)

Possible Al-Qaeda-Linked Moles or Informants

Abu Hamza Al-Masri (102)Abu Qatada (36)Ali Mohamed (78)Haroon Rashid Aswat (17)Khalil Deek (20)Luai Sakra (12)Mamoun Darkazanli (36)Nabil Al-Marabh (41)Omar Bakri & Al-Muhajiroun (25)Reda Hassaine (23)Other Possible Moles or Informants (169)

Other Al-Qaeda-Linked Figures

Abu Zubaida (99)Anwar Al-Awlaki (17)Ayman Al-Zawahiri (81)Hambali (39)Khalid Shaikh Mohammed (139)Mohammed Haydar Zammar (44)Mohammed Jamal Khalifa (47)Osama Bin Laden (228)Ramzi Bin Al-Shibh (105)Ramzi Yousef (67)Sheikh Omar Abdul-Rahman (57)Victor Bout (23)Wadih El-Hage (45)Zacarias Moussaoui (159)

Al-Qaeda by Region

"Lackawanna Six" (13)Al-Qaeda in Balkans (168)Al-Qaeda in Germany (189)Al-Qaeda in Italy (55)Al-Qaeda in Southeast Asia (149)Al-Qaeda in Spain (121)Islamist Militancy in Chechnya (50)

Specific Alleged Al-Qaeda Linked Attacks or Plots

1993 WTC Bombing (73)1993 Somalia Fighting (13)1995 Bojinka Plot (78)1998 US Embassy Bombings (121)Millennium Bomb Plots (43)2000 USS Cole Bombing (114)2001 Attempted Shoe Bombing (23)2002 Bali Bombings (36)2004 Madrid Train Bombings (82)2005 7/7 London Bombings (87)

Miscellaneous Al-Qaeda Issues

Alleged Al-Qaeda Linked Attacks (89)Alleged Al-Qaeda Media Statements (102)Key Captures and Deaths (124)

Geopolitics and Islamic Militancy

US Dominance (112)Alleged Iraq-Al-Qaeda Links (255)Iraq War Impact on Counterterrorism (83)Israel (61)Pakistan and the ISI (470)Saudi Arabia (249)Terrorism Financing (312)Londonistan - UK Counterterrorism (322)US Intel Links to Islamic Militancy (69)Algerian Militant Collusion (41)Indonesian Militant Collusion (20)Philippine Militant Collusion (74)Yemeni Militant Collusion (47)Other Government-Militant Collusion (23)

Pakistan / ISI: Specific Cases

Pakistani Nukes & Islamic Militancy (37)Pakistani ISI Links to 9/11 (73)Saeed Sheikh (59)Mahmood Ahmed (30)Haven in Pakistan Tribal Region (179)2008 Kabul Indian Embassy Bombing (10)Hunt for Bin Laden in Pakistan (154)

Terrorism Financing: Specific Cases

Al Taqwa Bank (29)Al-Kifah/MAK (54)BCCI (37)BIF (28)BMI and Ptech (21)Bin Laden Family (62)Drugs (71)

'War on Terrorism' Outside Iraq

Afghanistan (299)Drone Use in Pakistan / Afghanistan (49)Destruction of CIA Tapes (92)Escape From Afghanistan (61)High Value Detainees (179)Terror Alerts (50)Counterterrorism Action After 9/11 (353)Counterterrorism Policy/Politics (432)Internal US Security After 9/11 (125)
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