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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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After the 9/11 Commission becomes unhappy with the information it is getting from detainees in US custody who may know something about the 9/11 plot (see Summer 2003), it asks CIA Director George Tenet to let it either talk to the detainees itself, or at least view interrogations through a one-way mirror. [Kean and Hamilton, 2006, pp. 119-126]
Reasoning - Dieter Snell, the head of the Commission’s plot team and a former prosecutor, is extremely keen that the detainees, such as Khalid Shaikh Mohammed and Ramzi bin al-Shibh, be interviewed. According to author Philip Shenon, he is aware that “testimony from key witnesses like the al-Qaeda detainees would have value only if they were questioned in person, with investigators given the chance to test their credibility with follow-up questions. The face-to-face interrogations would be especially important in situations in which the al-Qaeda members were giving conflicting testimony.” [Shenon, 2008, pp. 182]
Request Denied - However, Tenet denies the request because he does not want the Commission to know where the detainees are, and he claims questioning by a Commission staffer could apparently damage the “relationship” between interrogator and detainee and “upset the flow of questioning.” In addition, Tenet is worried that if the Commission has access to the detainees, Zacarias Moussaoui might also be able to compel them to testify in court, so he rejects compromise proposals.
Pushback - The Commission decides “to push the issue” and drafts a letter outlining why they should have direct access. Although the draft is seen by Tenet and Defense Secretary Donald Rumsfeld, it is never officially sent. At a White House meeting attended by Rumsfeld and commissioners Lee Hamilton and Fred Fielding, Tenet and Attorney General Alberto Gonzales repeat the arguments Tenet made previously, but Tenet says the Commission can submit written questions, and a CIA “project manager” will try to get them answered. After the administration “plead[s]” with the Commission not to use public pressure to get access to detainees, the Commission decides to drop the matter.
Relatives and Media Blamed - Hamilton and Commission Chairman Thomas Kean will later partially blame the victims’ relatives and media for this failure: “Interestingly, there was no pressure from some of the usual sources for us to push for access. For instance, the 9/11 families never pressed us to seek access to detainees, and the media was never engaged on this issue.” Kean and Hamilton will later say that the “project manager” arrangement works “to a degree.”
Report Includes Disclaimer - However, a disclaimer will be inserted into the 9/11 Commission Report in the first of two chapters that draw heavily on detainees’ alleged statements (see After January 2004). It will say that the Commission could not fully judge the credibility of detainee information, so, according to Kean and Hamilton, “it [is] left to the reader to consider the credibility of the source—we had no opportunity to do so.” [Kean and Hamilton, 2006, pp. 119-126]
Criticism from Staffer - Commission staffer Ernest May will later criticize the Commission’s “reluctance ever to challenge the CIA’s walling off al-Qaeda detainees.” May will also say: “We never had full confidence in the interrogation reports as historical sources. Often we found more reliable the testimony that had been given in open court by those prosecuted for the East African embassy bombings and other crimes.” [New Republic, 5/23/2005] CIA videotapes and transcripts of interrogations are not provided to the Commission (see Summer 2003-January 2004).

Entity Tags: George J. Tenet, Thomas Kean, Fred F. Fielding, Lee Hamilton, US Department of Defense, Ernest May, Dietrich Snell, 9/11 Commission, Alberto R. Gonzales, Central Intelligence Agency, Donald Rumsfeld

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

Category Tags: 9/11 Commission, Destruction of CIA Tapes, High Value Detainees, Counterterrorism Policy/Politics, Khalid Shaikh Mohammed, Ramzi Bin Al-Shibh, 9/11 Investigations

In his proposed 2005 budget, President Bush proposes reducing the budget of the Assistance to Firefighters Grant Program (AFGP) from $750 million to $500 million. The budget allocates, in total, $27 billion for the nation’s first responders over the next four years. A Council on Foreign Relations study, based on surveys of emergency responder groups, shows that the minimum necessary to secure the US from a second major terrorist attack is around $94 billion—almost four times the amount approved by Bush. [Carter, 2004, pp. 20-21; White House, 4/3/2004; Federal Election Commission, 1/16/2008] Congress will manage to increase the funding for the program to $542 million. It had hoped to increase funding to around $900 million. [Center for American Progress, 8/25/2004; Charles Schumer, 9/22/2006]

Entity Tags: George W. Bush, Council on Foreign Relations

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

David Frum.David Frum. [Source: PBS]Two prominent neoconservatives, Richard Perle and David Frum, publish a book titled An End to Evil: How to Win the War on Terror. Both are fellows at the neoconservative American Enterprise Institute. In the book, they suggest mobilizing Shi’ites living in eastern Saudi Arabia, where most of the Saudi oil is. They note that the Saudi government has long feared “that the Shi’ites might someday seek independence for the Eastern Province—and its oil.… Independence for the Eastern Province would obviously be a catastrophic outcome for the Saudi state. But it might be a very good outcome for the United States. Certainly it’s an outcome to ponder. Even more certainly, we would want the Saudis to know we are pondering it.” [Dreyfuss, 2005, pp. 337-338] At the time, Perle is head of the Defense Policy Board, which advises the Defense Department. In 2002, a Defense Policy Board briefing argued that the US should work to split Saudi Arabia apart so the US can effectively control its oil (see July 10, 2002). Other neoconservatives like Michael Ledeen express similar views. In early 2003, James Akins, former US ambassador to Saudi Arabia, mentioned the possibility that Osama bin Laden could take over Saudi Arabia if the US invaded Iraq. “I’m now convinced that that’s exactly what [the neoconservatives] want to happen. And then we take it over.” [Dreyfuss, 2005, pp. 338]

Entity Tags: Richard Perle, James Akins, Michael Ledeen, David Frum, American Enterprise Institute, Defense Policy Board

Timeline Tags: Neoconservative Influence

Category Tags: US Dominance, Counterterrorism Policy/Politics

Howard DeanHoward Dean [Source: UC Berkeley]In a December 1, 2003, interview, Howard Dean discusses the possibility that President Bush is hiding information that he was warned in advance about the 9/11 attacks. Presidential candidate Dean states that “The most interesting theory that I have heard so far… is that he was warned ahead of time by the Saudis.” Six days later, Dean clarifies, “I don’t believe that… But we don’t know, and it’d be a nice thing to know.” He concludes, “Because the president won’t give information to the Kean Commission, we really don’t know what the explanation is.” [The Beat, 12/23/2003] When asked about these comments, President Bush says “Look, there’s time for politics. And, you know… there’s a time for politics. And… it’s an absurd insinuation.” Dean spokesman Jay Carson responds, “Gov. Dean has been very clear he doesn’t subscribe to or believe this theory. But the White House needs to be more forthcoming with the 9-11 commission and put all these types of theories to rest.” [Dallas Morning News, 12/15/2003]

Entity Tags: Howard Dean, George W. Bush, Jay Carson

Category Tags: Counterterrorism Policy/Politics

A new Syracuse University study shows that prosecutions of “international terrorism” have been fizzling out in US courts. Since 9/11, 184 people have been convicted of “international terrorism” related crimes, but defendants were sentenced to an average prison term of just 14 days. The number of people sentenced to five or more years in prison for terrorism-related crimes actually declined in the two years after 9/11 compared with the previous two years. However, the study notes that many cases are still pending and more serious cases tend to take longer to prosecute. [Los Angeles Times, 12/9/2003]

Entity Tags: Syracuse University

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

Abdelghani Mzoudi, charged by the German government in assisting the 9/11 plot, is released from custody, pending completion of his trial. Mzoudi is released on bail following evidence submitted by Germany’s federal criminal office of secret testimony from an unnamed informant who says that Mzoudi was not involved with the planning for the attacks. The presiding judge in the case identifies captured al-Qaeda operative Ramzi bin al-Shibh as the likely source of the testimony. [Guardian, 12/12/2003; BBC, 1/21/2004; Reuters, 1/22/2004; Chicago Tribune, 1/22/2004] Presumably, this information comes from the US government. However, US authorities have repeatedly rejected German attempts to have bin al-Shibh appear in court for his testimony to be examined. [Associated Press, 10/23/2003; Agence France-Presse, 1/22/2004] Mzoudi will be acquitted in February 2004 and his acquittal will be upheld in 2005 as the US continues to refuse access to bin al-Shibh (see February 5, 2004-June 8, 2005).

Entity Tags: Ramzi bin al-Shibh, United States, Abdelghani Mzoudi, Germany

Category Tags: Al-Qaeda in Germany, Ramzi Bin Al-Shibh, Counterterrorism Policy/Politics

The Bush administration reverses a long-standing policy requiring FBI agents to destroy their files on innocent US citizens, residents, and companies after investigations are closed. Such information has since commonly been put in government data banks and shared with other agencies. [Washington Post, 11/6/2005]

Entity Tags: Federal Bureau of Investigation, Bush administration (43)

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

A CIA program to kill and capture al-Qaeda leaders (see Shortly After September 17, 2001) is terminated, and then revived under a new code name and surreptitiously outsourced to the private military corporation Blackwater. [Washington Post, 8/20/2009; New York Times, 8/20/2009]
Outsourcing Kidnappings and Assassinations - The public will not learn of the program until 2009 (see August 19-20, 2009). The reason for the move is that key officials leave the CIA’s Counterterrorist Center, which had run the program, and go to work for Blackwater. A retired intelligence officer intimately familiar with the assassination program will say of the reason for using Blackwater, “Outsourcing gave the agency more protection in case something went wrong.” According to the Washington Post, the contract goes to Blackwater “in part because of its close ties to the CIA and because of its record in carrying out covert assignments overseas.” [Washington Post, 8/20/2009] Blackwater is given operational responsibility for targeting terrorist commanders, including planning and surveillance, and is awarded millions of dollars for training and weaponry. Blackwater executives help the CIA in planning, training, and surveillance exercises for team members. It remains unclear whether Blackwater’s role is merely for training and surveillance, or if Blackwater employees are slated to actually carry out kidnappings and assassinations. A former official will say that the Blackwater phase involves “lots of time spent training,” mostly in the US. The teams reportedly simulate missions that often involve kidnapping. “They were involved not only in trying to kill but also in getting close enough to snatch,” the official will say. Blackwater does not have an official contract with the CIA; instead, individual executives, such as its founder and CEO Erik Prince, have contracts with the agency. [Washington Post, 8/20/2009; New York Times, 8/20/2009]
Program Never Implemented - Although the CIA spends several million dollars on the program, no one is actually captured or killed, and most of the program’s elements are never implemented. According to a former official, there is “much frustration” among team members at this. [Washington Post, 8/20/2009]
Program Termination - The assassination program began in 2002, after the 9/11 attacks, and will continue until 2009, when then-CIA Director Leon Panetta will terminate it. Blackwater’s role in the program will be terminated much sooner (see (2005-2006)). In 2009, government officials will tell the New York Times that the CIA’s efforts to use what the newspaper calls “paramilitary hit teams” to kill al-Qaeda operatives “ran into logistical, legal, and diplomatic hurdles almost from the outset.” [New York Times, 8/20/2009; Time, 8/21/2009] Despite an initial prohibition from Vice President Dick Cheney (see 2002), the program will later be briefed to Congress (see June 24, 2009). The fact that Blackwater became involved in it is one of the reasons Congress is notified. The New York Times will report that “government officials said that bringing outsiders into a program with lethal authority raised deep concerns about accountability in covert operations.” In addition, a private contractor involved in an operation would not have the same diplomatic immunity as a US government employee. [New York Times, 8/20/2009]
Former CIA Agent: Director 'Horrified' at Use of Mercenaries - In 2009, former CIA agent Robert Baer will write: “Panetta must have been horrified that the CIA turned to mercenaries to play a part in its dirty work. It’s one thing, albeit often misguided, for the agency to outsource certain tasks to contractors. It’s quite another to involve a company like Blackwater in even the planning and training of targeted killings, akin to the CIA going to the mafia to draw up a plan to kill [Cuban dictator Fidel] Castro.” Baer believes that the Blackwater contracts were more about “bilking the US taxpayer than… killing Osama bin Laden or other al-Qaeda leaders.… [A]s soon as CIA money lands in Blackwater’s account, it is beyond accounting, as good as gone.” Baer will note that Blackwater is involved in a number of highly questionable actions, including the apparent murder of several Iraqi and Afghan civilians, and will ask “what the CIA saw in Blackwater that the public still has not.” Baer will conclude by speculating, “Even more troubling, I think we will find out that in the unraveling of the Bush years, Blackwater was not the worst of the contractors, some of which did reportedly end up carrying out their assigned hits.” [Time, 8/21/2009]

Entity Tags: Robert Baer, Leon Panetta, Erik Prince, Central Intelligence Agency, Al-Qaeda, Blackwater USA

Category Tags: Counterterrorism Policy/Politics

The Defense Science Board, a Defense Department task force commissioned to examine the war on terrorism, reports: “If there is one overarching goal [Islamist militant groups] share, it is the overthrow of what Islamists call the ‘apostate’ regimes: the tyrannies of Egypt, Saudi Arabia, Pakistan, Jordan and the gulf states… . The United States finds itself in the strategically awkward - and potentially dangerous - situation of being the longstanding prop and alliance partner of these authoritarian regimes. Without the US, these regimes could not survive. Thus the US has strongly taken sides in a desperate struggle that is both broadly cast for all Muslims and country-specific.” [New York Times Magazine, 9/11/2005]

Entity Tags: Defense Science Board

Category Tags: Counterterrorism Policy/Politics

The Bush administration directs the Department of Homeland Security to seize any vessel, sailing anywhere in US waters, that DHS believes might be headed to Cuba. The justification for the directive is “the Cuban government’s support of terrorism,” according to the DHS, even though there is little evidence to back up that claim. According to Business Week’s Paul Magnusson, the directive may well violate the Bill of Rights, and requires the US Coast Guard to “draw up regulations and enlist cash-strapped local police departments and harbor patrols in the effort.” The editor of a boating magazine observes: “That’s right, Popeye. If you’re unlucky enough to be reading this magazine in the cockpit of your most cherished possession—be it in San Diego, Seattle, Saginaw, or South Florida—and you wonder aloud how you’d always wanted to chase Hemingway’s wake, by the letter of this new edict you have now forfeited the right to keep your boat.” [Carter, 2004, pp. 17]

Entity Tags: Paul Magnusson, Bush administration (43), US Department of Homeland Security

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

The US Conference of Mayors releases findings showing that of 215 cities surveyed, 76 percent say they have not received any money whatsoever from the federal government for their emergency crews and first responders—the nation’s front line of defense against terrorist attacks. [Carter, 2004, pp. 21]

Entity Tags: US Conference of Mayors, Bush administration (43)

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

Nabil al-Marabh.Nabil al-Marabh. [Source: Associated Press]After Nabil al-Marabh’s eight-month prison sentence was completed in 2003, he remained in a Chicago prison awaiting deportation. However, deportation proceedings were put on hold because federal prosecutors lodged a material witness warrant against him. When the warrant is dropped, al-Marabh is cleared to be deported to Syria. [Associated Press, 1/29/2003; Associated Press, 6/3/2004] In late 2002, the US government argued that there was no evidence al-Marabh had ever been involved in any terrorist activity or connected to any terrorist organization (see September 3, 2002). However, in al-Marabh’s deportation hearing, the judge rules that he “does present a danger to national security,” is “credibly linked to elements of terrorism,” and has a “propensity to lie.” A footnote in his 2003 deportation ruling states, “The FBI has been unable to rule out the possibility that al-Marabh has engaged in terrorist activity or will do so if he is not removed from the United States.” He is deported nonetheless, and prosecutors from two US cities are not allowed to indict him. Both Democratic and Republican Senators will later express bafflement and complain about this deportation (see June 30, 2004). [Associated Press, 6/3/2004]

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

Timeline Tags: 9/11 Timeline

Category Tags: Nabil Al-Marabh, Counterterrorism Action After 9/11, Counterterrorism Policy/Politics

Democratic members of the House Select Committee on Homeland Security release a report entitled “America at Risk.” The report finds that, since the anthrax scare of 2001-2002, not a single drug or vaccine for pathogens rated as most dangerous by the Centers for Disease Control has been developed. A concurrent Pentagon report finds that “almost every aspect of US biopreparedness and response” is unsatisfactory, and says, “The fall 2001 anthrax attacks may turn out to be the easiest of bioterrorist strikes to confront.” The Pentagon will attempt to suppress the report when it becomes apparent how unflattering it is for the current administration, but part of it is leaked to the media. The report is later released in full. [Carter, 2004, pp. 20; House Select Committee on Homeland Security, Democratic Office, 2/1/2004]

Entity Tags: US Department of Defense, House Homeland Security Committee, Centers for Disease Control and Prevention

Timeline Tags: 2001 Anthrax Attacks

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

Mzoudi in an airport in Hanover, Germany, on June 21, 2005 as he returns to Morocco.Mzoudi in an airport in Hanover, Germany, on June 21, 2005 as he returns to Morocco. [Source: Associated Press]Abdelghani Mzoudi is acquitted of involvement in the 9/11 attacks. Mzoudi is known to have been a friend and housemate of some of the 9/11 hijackers. A German judge tells Mzoudi, “You were acquitted not because the court is convinced of your innocence but because the evidence was not enough to convict you.” Mzoudi’s acquittal became likely after Germany received secret testimony from the US government that asserted Mzoudi was not part of the plot (see December 11, 2003). But the information apparently came from the interrogation of US prisoner Ramzi bin al-Shibh, and since the US would not allow Mzoudi’s defense to cross-examine bin al-Shibh, Mzoudi was released. [Daily Telegraph, 2/6/2004] Later in the year, Mzoudi acquittal is appealed to a higher court. Kay Nehm, Germany’s top federal prosecutor, again appeals to the US State Department to release interrogation records of bin al-Shibh to the court. However, the US still refuses to release the evidence, and a list of questions the court gives to the US for bin al-Shibh to answer are never answered. [Deutsche Presse-Agentur (Hamburg), 7/30/2004] On June 8, 2005, Mzoudi’s acquittal is upheld. Nehm calls the US’s government’s behavior “incomprehensible.” [Reuters, 6/9/2005] After the verdict, German authorities maintain that he is still a threat and give him two weeks to leave the country. He quickly moves back to his home country of Morocco, where he now lives. [Deutsche Welle (Bonn), 6/26/2005]

Entity Tags: US Department of State, Bush administration (43), Germany, Abdelghani Mzoudi, Kay Nehm, Ramzi bin al-Shibh

Category Tags: Al-Qaeda in Germany, Ramzi Bin Al-Shibh, Counterterrorism Policy/Politics

Dexter Filkins.Dexter Filkins. [Source: New York Times]The New York Times publishes a front page story blaming Abu Musab al-Zarqawi, the supposed leader of al-Qaeda in Iraq, for many troubles in the Iraq war. However, it will later be revealed that the contents in the article were a hoax or exaggeration by a US military propaganda operation. The article, written by Dexter Filkins, claims that in January 2004, US forces in Iraq intercepted a letter written by al-Zarqawi to the “inner circle” of al-Qaeda, claiming that the best way to defeat the US in Iraq is to, in essence, begin a “sectarian war” in that country. The letter reportedly states that al-Qaeda, a Sunni network, should attack the Shi’a population of Iraq: “It is the only way to prolong the duration of the fight between the infidels and us. If we succeed in dragging them into a sectarian war, this will awaken the sleepy Sunnis.” In the letter, al-Zarqawi boasts of his role in many suicide bombings in Iraq. The article also notes that this letter would “constitute the strongest evidence to date of contacts between extremists in Iraq and al-Qaeda.” [New York Times, 2/9/2004; Independent, 2/11/2008] US General Mark Kimmitt says later the same day: “We believe the report and the document is credible, and we take the report seriously.… It is clearly a plan on the part of outsiders to come in to this country and spark civil war, create sectarian violence, try to expose fissures in this society.” The story is quickly published around the world. [Independent, 2/11/2008]
Reporter Skeptical; Article Does Not Reflect Doubts - Filkins will later say he was skeptical about the document’s authenticity when he wrote the story and remains skeptical of it. [Washington Post, 4/10/2006] However, the article and follow up articles in the New York Times cast no doubt on the letter’s authenticity, except for one sentence in the original article mentioning the possibility the letter could have been “written by some other insurgent.”
Skepticism from Other News Outlets - However, some scattered accounts elsewhere at the time are more critical. For instance, a few days later, Newsweek writes: “Given the Bush administration’s record peddling bad intelligence and worse innuendo, you’ve got to wonder if this letter is a total fake. How do we know the text is genuine? How was it obtained? By whom? And when? And how do we know it’s from al-Zarqawi? We don’t.” [Editor & Publisher, 4/10/2006] In the letter, al-Zarqawi says that if success does not come soon: “We can pack up and leave and look for another land, just like what has happened in so many lands of jihad. Our enemy is growing stronger day after day, and its intelligence information increases. By god, this is suffocation!” Counterpunch notes this and skeptically comments, “If you were Karl Rove, you couldn’t design a better scenario to validate the administration’s slant on the war than this.” It is also noted that this article follows a dubious pattern of New York Times reporting on Iraq: “cultivate a ‘highly placed inside source,’ take whatever this person says and report it verbatim on the front page above the fold.” [CounterPunch, 2/26/2004]
Systematic Propaganda Campaign - Later in 2004, the Telegraph will report, “Senior diplomats in Baghdad claim that the letter was almost certainly a hoax” and that the US is systematically buying extremely dubious intelligence that exaggerates al-Zarqawi’s role in Iraq (see October 4, 2004). [Daily Telegraph, 10/4/2004] In 2006, a number of classified documents will be leaked to the Washington Post, showing the US military has a propaganda campaign to exaggerate the role of al-Zarqawi in Iraq (see April 10, 2006). One document mentions the “selective leak” of this letter to Filkins as part of this campaign. [Washington Post, 4/10/2006]
Media Unquestioning in its Acceptance - Editor and Publisher will later examine the media coverage of this letter, and note that most publications reported on it unquestioningly, “So clearly, the leak to Filkins worked.” Ironically, Reuters at the time quotes an “amazed” US official who says, “We couldn’t make this up if we tried.” [Editor & Publisher, 4/10/2006]

Entity Tags: Abu Musab al-Zarqawi, New York Times, Dexter Filkins, Al-Qaeda, Mark Kimmitt

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Category Tags: Alleged Iraq-Al-Qaeda Links, Media, Counterterrorism Policy/Politics

In the wake of Pakistani nuclear scientist A. Q. Khan’s public apology for his role in nuclear proliferation on February 4, 2004 (see February 4, 2004), and the US government’s quick acceptance of that apology, it is clear the US expects more cooperation from Pakistan on counterterrorism in return. Deputy Defense Secretary Paul Wolfowitz says in an interview on February 19: “In a funny way, the A. Q. Khan [apology]… we feel it gives us more leverage, and it may give [Pakistani President Pervez] Musharraf a stronger hand, that Pakistan has an act to clean up. The international community is prepared to accept Musharraf’s pardoning of Khan for all that he has done, but clearly it is a kind of IOU, and in return for that there has to be a really thorough accounting. Beyond that understanding, we expect an even higher level of cooperation on the al-Qaeda front than we have had to date.” But there is no increased cooperation in the next months. Pakistani journalist and regional expert Ahmed Rashid will later comment: “Musharraf had become a master at playing off Americans’ fears while protecting the army and Pakistan’s national interest.… [He] refused to budge and continued to provide only minimal satisfaction to the United States and the world. He declined to give the CIA access to Khan, and there was no stepped-up hunt for bin Laden.” [Rashid, 2008, pp. 289-290]

Entity Tags: Pervez Musharraf, Abdul Qadeer Khan, Ahmed Rashid, Paul Wolfowitz, Al-Qaeda

Timeline Tags: A. Q. Khan's Nuclear Network

Category Tags: Pakistan and the ISI, Counterterrorism Policy/Politics

John Cole.John Cole. [Source: Canal+]John Cole, an FBI agent who has supported whistleblower Sibel Edmonds inside the FBI, is forced out of his position. Cole will later say that this is because of the support he offered her. After Cole read Edmonds’ file, he decided her allegations were accurate: “I thought that I could be of some assistance to her, because I knew she was doing the right thing. I knew because she was right.” According to Cole, her allegations were confirmed by others at the FBI, “They were telling me that Sibel Edmonds was a 100 percent accurate, that management knew that she was correct.” However, Cole is subjected to a long bout of harassment. After years of good reports, his appraisal only says his work in one area is “minimally acceptable,” and he is investigated by the Office of Professional Responsibility for allegedly lying on a background check and disclosing classified information without authorization. Finally, he is demoted to menial tasks such as photocopying, causing him to resign. [Vanity Fair, 9/2005; Congressional Quarterly, 1/26/2007]

Entity Tags: Federal Bureau of Investigation, Sibel Edmonds, John Cole

Category Tags: Sibel Edmonds, Counterterrorism Policy/Politics

A German appeals court overturns the conviction of Mounir El Motassadeq after finding that German and US authorities withheld evidence. He had been sentenced to 15 years in prison for involvement in the 9/11 plot. According to the court, a key suspect in US custody, Ramzi bin al-Shibh, had not been allowed to testify. European commentators blame US secrecy, complaining that “the German justice system [is] suffering ‘from the weaknesses of the way America is dealing with 9/11,’ and ‘absolute secrecy leads absolutely certainly to flawed trials.’” [Agence France-Presse, 3/5/2004] The court orders a new trial scheduled to begin later in the year. [Associated Press, 3/4/2004] The release of El Motassadeq (and the acquittal of Mzoudi earlier in the year) means that there is not a single person who has ever been successfully prosecuted for the events of 9/11.

Entity Tags: Germany, Ramzi bin al-Shibh, Bush administration (43), Mounir El Motassadeq

Category Tags: Ramzi Bin Al-Shibh, Al-Qaeda in Germany, Counterterrorism Policy/Politics

Former counterterrorism “tsar” Richard Clarke, lambasted by Bush administration supporters (see March 24, 2004) for his criticism of the administration’s foreign policies (see March 21, 2004 and March 24, 2004), counters some of that criticism by noting that when he resigned from the administration a year earlier, he was highly praised by President Bush (see January 31, 2003).
Differing Characterizations from Administration - On Meet the Press, Clarke reads aloud the handwritten note from Bush that lauds his service, telling host Tim Russert: “This is his writing. This is the president of the United States’ writing. And when they’re engaged in character assassination of me, let’s just remember that on January 31, 2003: ‘Dear Dick, you will be missed. You served our nation with distinction and honor. You have left a positive mark on our government.’ This is not the normal typewritten letter that everybody gets. This is the president’s handwriting. He thinks I served with distinction and honor. The rest of his staff is out there trying to destroy my professional life, trying to destroy my reputation, because I had the temerity to suggest that a policy issue should be discussed. What is the role of the war on terror vis-a-vis the war in Iraq? Did the war in Iraq really hurt the war on terror? Because I suggest we should have a debate on that, I am now being the victim of a taxpayer-paid—because all these people work for the government—character assassination campaign.”
Never Briefed Bush on Terrorism - Clarke also notes that the letter proves he never briefed Bush on terrorism because he was not allowed to provide such a briefing (see Early January 2001). He tells Russert: “You know, they’re saying now that when I was afforded the opportunity to talk to him about cybersecurity, it was my choice. I could have talked about terrorism or cybersecurity. That’s not true. I asked in January to brief him, the president, on terrorism, to give him the same briefing I had given Vice President Cheney, Colin Powell, and [Condoleezza] Rice. And I was told, ‘You can’t do that briefing, Dick, until after the policy development process.’” [MSNBC, 3/28/2004; Salon, 3/29/2004]
Administration Should Declassifiy August 2002 Briefing - Clarke also calls on the administration to declassify “all six hours” of the briefing he gave to top officials in August 2002 about the impending threat of a terrorist attack (see August 22, 2002). The administration has selectively declassified material from that briefing to impugn Clarke’s honesty and integrity. “I would welcome it being declassified,” Clarke says. “But not just a little line here and there—let’s declassify all six hours of my testimony.” He also asks that the administration declassify the strategy reports from 2001 that he authored, and all of his e-mails between January 2001 and September 2001, to prove that the charges laid against him by the administration are false. He calls on the White House to end what he calls the “vicious personal attacks” and “character assassination,” and focus on issues. “The issue is not about me,” he tells a CNN reporter. “The issue is about the president’s performance in the war on terrorism.” [MSNBC, 3/28/2004; CNN, 3/28/2004]

Entity Tags: Colin Powell, George W. Bush, Condoleezza Rice, Richard (“Dick”) Cheney, Bush administration (43), Richard A. Clarke, Tim Russert

Timeline Tags: 2004 Elections

Category Tags: Counterterrorism Policy/Politics, 9/11 Commission, 9/11 Investigations

The New York Times reports that the Bush administration has recently spurned a request for 80 more investigators to track and disrupt the global financial networks of US-designated terrorist groups. The IRS requested the increase to their current staff of 150 investigators focused on terrorism, but the Bush administration cut the $12 million item in their final proposal to Congress. The New York Times says the value of the request “seems beyond dispute” and notes that the IRS is severely underfunded in general. [New York Times, 4/4/2004]

Entity Tags: Internal Revenue Service, Bush administration (43)

Category Tags: Terrorism Financing, Counterterrorism Policy/Politics

A man thought to be Osama bin Laden offers European countries a truce, but the offer is rejected. Following bombings in Madrid, Spain, (see 7:37-7:42 a.m., March 11, 2004) a new audiotape featuring a voice thought to be bin Laden’s is released and addresses Europeans. After mentioning the occupation of Palestine, the voice says: “[W]hat happened to you on September 11 and March 11 are your goods returned to you. It is well known that security is a vital necessity for every human being. We will not let you monopolize it for yourselves.” The speaker compares actions by militant Islamists to those of the West and its allies, in particular the killing of a wheelchair-bound Hamas leader, and asks: “In what creed are your dead considered innocent but ours worthless? By what logic does your blood count as real and ours as no more than water? Reciprocal treatment is part of justice, and he who commences hostilities is the unjust one.” The voice also says, “This war is making billions of dollars for the big corporations, whether it be those who manufacture weapons or reconstruction firms like Halliburton and its offshoots and sister companies.” The speaker finishes by saying that his actions have been in response to the West’s alleged interference in Muslim lands: “For we only killed Russians after they invaded Afghanistan and Chechnya, we only killed Europeans after they invaded Afghanistan and Iraq, and we only killed Americans in New York after they supported the Jews in Palestine and invaded the Arabian peninsula, and we only killed them in Somalia after they invaded it in Operation Restore Hope.” [BBC, 4/15/2004; Laden, 2005, pp. 233-6]

Entity Tags: Osama bin Laden

Category Tags: Osama Bin Laden, Counterterrorism Policy/Politics, Alleged Al-Qaeda Media Statements, Al-Qaeda in Spain, 2004 Madrid Train Bombings

In spite of multiple rulings beginning in 2002 that Zacarias Moussaoui must be allowed to question witnesses, including Ramzi bin al-Shibh, the government has continued to refuse any access to high-level al-Qaeda prisoners. Because of this, Judge Brinkema sanctions the government by ruling in October 2003 that the prosecution could not seek the death penalty. [Time, 10/19/2003] Prosecutors have appealed the decision and, on this day, a federal appeals panel restores the government’s right to seek the death penalty. However, the same ruling hands a partial victory to Moussaoui, ordering prosecutors to work out a method that would permit Moussaoui to question three high-level prisoners. CBS News reports that the judge ruled, “Moussaoui could have access to information from three al-Qaeda prisoners [Khalid Shaikh Mohammed, Ramzi bin al-Shibh, and Mustafa Ahmed al-Hawsawi] who may be able to exonerate him.” [CBS News, 4/23/2004] As a result of the appeals decision, the government will file a motion in July 2004, seeking to conduct a psychiatric evaluation of Moussaoui. The motion explains that the evaluation would only be used to counter any defense strategy to spare Moussaoui the death penalty by citing his mental condition. The motion states, “Like most capital cases, the mental condition of the defendant is likely to play a significant rule during the penalty phase.” [CBS News, 4/23/2004; Associated Press, 7/7/2004]

Entity Tags: Ramzi bin al-Shibh, Khalid Shaikh Mohammed, Mustafa Ahmed al-Hawsawi, Zacarias Moussaoui, Leonie Brinkema

Timeline Tags: 9/11 Timeline

Category Tags: Zacarias Moussaoui, Ramzi Bin Al-Shibh, Khalid Shaikh Mohammed, Counterterrorism Policy/Politics

CIA Director George Tenet orders a suspension of waterboarding and some other aggressive interrogation techniques. Intelligence officials will later claim that the Abu Ghraib scandal publicized in April 2004 (see April 28, 2004), is a major factor in the decision. Additionally, the CIA’s Inspector General finishes a secret report around the same time the Abu Ghraib scandal breaks, an it suggests that many aggressive techniques may violate an international treaty against torture that the US has signed (see May 7, 2004). NBC News will later claim that the biggest reason is the worry: “Could CIA officials, including both the interrogators and their superiors, ultimately be prosecuted?” [MSNBC, 9/13/2007] The CIA approved a list of about 10 aggressive techniques, including waterboarding, in March 2002 (see Mid-March 2002), and used them on many high-ranking al-Qaeda detainees until this time (see March 28, 2002-Mid-2004). But the CIA suspends their use until the Justice Department can conduct a legal review. One former senior CIA official will say in June 2004, “Everything’s on hold. The whole thing has been stopped until we sort out whether we are sure we’re on legal ground.” [Washington Post, 6/27/2004] In December 2004, the Justice Department will publicly issue a new and public memo allowing the use of some aggressive techniques (see December 30, 2004). Then, in February 2005, it will secretly issue another memo that goes further, and will even allow the CIA to use waterboarding again. The New York Times will later call it “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency” (see February 2005). The CIA presumably then resumes using most of these techniques but it does not resume waterboarding, as it had already stopped doing that in 2003 (see May 2002-2003).

Entity Tags: Central Intelligence Agency, George J. Tenet

Timeline Tags: Torture of US Captives

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

Attorney Brandon MayfieldAttorney Brandon Mayfield [Source: MSNBC]Attorney Brandon Mayfield of Portland, Oregon, is taken into custody by the FBI in connection with the March 11 bomb attacks in Madrid (see 7:37-7:42 a.m., March 11, 2004). His detention is based on information from Spanish authorities that he had some involvement in the train bombings that killed 191 people and wounded more than 1,800. FBI sources say Mayfield’s fingerprints were found on a plastic bag with bomb-related material that is being considered as evidence in the train bombing. Sources say he had been under constant surveillance. Mayfield is an Islamic convert. [CNN, 5/7/2004] He is jailed for 14 days as a material witness to a terrorism investigation. The status of “material witness” means that he can be held without charge. The FBI affidavit that led to his arrest claims the fingerprint to be a “100 percent positive” match to the print on the bag. Officials say it is an “absolutely incontrovertible match.” However, Spanish authorities express their doubts about US claims and announce in late May that they have matched the fingerprint to an Algerian, Ouhnane Daoud. Flaws in the US investigation rapidly become apparent. The FBI did not examine the original fingerprint evidence until after the Spanish announcement. Four FBI examiners “concurred that the latent fingerprint had multiple separations; that it was divided by many lines of demarcation possibly caused by creases in the underlying material, multiple touches by one or more fingers, or both,” according to court records. The examiners conclude that the digital copy the FBI was working from was “of no value for identification purposes.” The FBI comes under heavy media criticism for its material witness detainment policy and its use of scant and/or secret evidence. The competence of the investigators is called into question due to the lack of attention paid to the concerns of the Spanish investigators. [Portland Tribune, 5/28/2004] Mayfield is never charged, and the Justice Department later issues a formal apology for the intense and invasive investigation, as well as a $2 million settlement. In an unprecedented element of the settlement, the FBI agrees to destroy communication intercepts from the investigation. Mayfield contends that he was a victim of profiling and strongly criticizes the investigation. He says “I, myself, have dark memories of stifling paranoia, of being monitored, followed, watched, tracked. I’ve been surveilled, followed, targeted primarily because I’ve been an outspoken critic of this administration and doing my job to defend others who can’t defend themselves, to give them their day in court, and mostly for being a Muslim.” [CNN, 11/30/2006] The official apology mentions that, “The FBI has implemented a number of measures in an effort to ensure that what happened to Mr. Mayfield and the Mayfield family does not happen again.” [Washington Post, 11/29/2006]

Entity Tags: Brandon Mayfield, Federal Bureau of Investigation, Ouhnane Daoud, US Department of Justice

Category Tags: Al-Qaeda in Spain, Counterterrorism Policy/Politics, Internal US Security After 9/11, 2004 Madrid Train Bombings

The CIA’s inspector general, John Helgerson, releases a highly classified report from his office that examines allegations of torture from the time period between September 2001 (after the 9/11 attacks, when the CIA first began detaining suspected terrorists and informants) and October 2003. In the report, Helgerson warns that some aggressive interrogation techniques approved for use by the CIA since early 2002 (see Mid-March 2002) might violate some provisions of the international Convention Against Torture (see October 21, 1994). The report doubts the Bush administration position that the techniques do not violate the treaty because the interrogations take place overseas on non-US citizens. It will be released, in heavily redacted form, to the public in August 2009 (see August 24, 2009). From what becomes known of the report’s contents, the CIA engaged in a number of illegal and ethically questionable tactics on the part of its interrogators. Some of these tactics include the use of handguns, power drills, threats, smoke, and mock executions. Many of the techniques used against detainees were carried out without authorization from higher officials. The report says that the CIA’s efforts to provide “systematic, clear, and timely guidance” to interrogators were “inadequate at first” and that that failure largely coincided with the most significant incidents involving the unauthorized coercion of detainees, but as guidelines from the Justice Department accumulated over several years, oversight “improved considerably.” The report does not conclude that the techniques reviewed constitute torture, but it does find that they appear to constitute cruel, inhuman, and degrading treatment under the Convention. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 11/9/2005; MSNBC, 8/24/2009; Washington Post, 8/24/2009]
Physical Abuse - The report defines torture as an act “intended to inflict severe physical or mental pain and suffering.” It then begins detailing such acts. Incidents of physical abuse include:
bullet One incident caused the death of an Afghani detainee. According to the report: “An agency independent contractor who was a paramilitary officer is alleged to have severely beaten the detainee with a large metal flashlight and kicked him during interrogation sessions. The detainee died in custody.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] In a 2009 statement, Helgerson will write: “In one extreme case, improvisation took a disastrous turn when an agency contractor in rural Afghanistan—acting wholly outside the approved program and with no authorization or training—took it upon himself to interrogate a detainee. This officer beat the detainee and caused his death. Following an investigation of the incident, this contract employee was convicted of assault and is now in prison.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet Waterboarding was routinely used, in a manner far exceeding previously issued guidelines. Interrogators “continuously applied large volumes of water,” and later explained that they needed to make the experience “more poignant and convincing.” The CIA interrogators’ waterboarding technique was far more aggressive than anything used in military survival training such as the SERE program (see December 2001). Eventually, the agency’s Office of Medical Services criticized the waterboarding technique, saying that the “frequency and intensity” with which it was used could not be certified as “efficacious or medically safe.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009] The report refers in particular to the treatment of 9/11 mastermind Khalid Shaikh Mohammed (KSM), who was reportedly waterboarded more than once (see Shortly After February 29 or March 1, 2003). Waterboarding is considered torture and is illegal in the US. The report also raises concern that the use of these techniques could eventually cause legal troubles for the CIA officers who used them. [New York Times, 11/9/2005]
Helgerson will write: “We found that waterboarding had been utilized in a manner that was inconsistent with the understanding between CIA and the Department of Justice. The department had provided the agency a written legal opinion based on an agency assurance that although some techniques would be used more than once, repetition would ‘not be substantial.’ My view was that, whatever methodology was used to count applications of the waterboard, the very large number of applications to which some detainees were subjected led to the inescapable conclusion that the agency was abusing this technique.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet In July 2002, a CIA officer used a “pressure point” technique “with both of his hands on the detainee’s neck, the officer manipulated his finger to restrict the detainee’s carotid artery.” The carotid artery supplies the brain with oxygenated blood; such “manipulat[ion]” could lead to unconsciousness or even death. A second officer “reportedly watched his eyes to the point that the detainee would nod and start to pass out. Then the officer shook the detainee to wake him. This process was repeated for a total of three applications on the detainee.”
bullet A technique routinely used by CIA interrogators was the “hard takedown,” which involves an interrogator grabbing a detainee and slamming him to the floor before having the detainee moved to a sleep-deprivation cell. One detainee was hauled off his feet by his arms while they were bound behind his back with a belt, causing him severe pain.
bullet Another routinely used technique is “water dousing,” apparently a variant of waterboarding, in which a detainee is laid on a plastic sheet and subjected to having water sluiced over him for 10 to 15 minutes. The report says that at least one interrogator believed the technique to be useful, and sent a cable back to CIA headquarters requesting guidelines. A return cable explained that a detainee “must be placed on a towel or sheet, may not be placed naked on the bare cement floor, and the air temperature must exceed 65 degrees if the detainee will not be dried immediately.”
- - Detainee Abd al-Rahim al-Nashiri, suspected of plotting the 2000 bombing of the USS Cole (see October 12, 2000), was repeatedly “bathed” with hard-bristled scrub brushes in order to inflict pain. The brushes caused abrasions and bleeding. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Helgerson will write: “Agency officers who were authorized to detain and interrogate terrorists sometimes failed in their responsibilities. In a few cases, agency officers used unauthorized, threatening interrogation techniques. The primary, common problem was that management controls and operational procedures were not in place to avoid the serious problems that arose, jeopardizing agency employees and detainees alike.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Mental Abuse - Numerous instances of mental and emotional abuse were also documented.
bullet In 2002, interrogators staged a mock execution to intimidate a detainee. CIA officers began screaming outside the room where the detainee was being interrogated. When leaving the room, he “passed a guard who was dressed as a hooded detainee, lying motionless on the ground, and made to appear as if he had been shot to death.” The report says that after witnessing this performance, the detainee “sang like a bird.”
bullet Handguns and power drills were used to threaten detainees with severe bodily harm or death. One such instance involved al-Nashiri. An American, whose name is not released but who is identified as not being a trained interrogator and lacking authorization to use “enhanced methods,” used a gun and a power drill to frighten him. The American pointed the gun at al-Nashiri’s head and “racked” a round in the chamber. The American also held a power drill near al-Nashiri and revved it, while al-Nashiri stood naked and hooded. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
In 2009, reporter David Ignatius will say he finds the “image of a CIA interrogator standing with a power drill next to somebody he’s interrogating… particularly horrific, because that’s a technique that’s been used in torturing people in Iraq.” [PBS, 8/24/2009]
bullet A CIA interrogator told al-Nashiri that if he did not cooperate with his captors, “we could get your mother in here” and “we can bring your family in here.” The report says that the interrogator wanted al-Nashiri to infer for “psychological” reasons that his female relatives might be sexually abused. The interrogator has denied actually threatening to sexually abuse al-Nashiri’s mother or other relatives.
bullet An interrogator threatened the lives of one detainee’s children. According to the report, an “interrogator said to Khalid Shaikh Mohammed that if anything else happens in the United States, quote, ‘we’re going to kill your children.’” According to the report, the debriefer was trying to exploit a belief in the Middle East that interrogation techniques included sexually abusing female relatives in front of the detainees. It was during these same interrogation sessions that Mohammed was waterboarded 183 times in a single month (see April 16, 2009). [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
Fear of Recriminations - According to the report, there was concern throughout the agency over the potential legal consequences for agency officers. Officers “expressed unsolicited concern about the possibility of recrimination or legal action” and said “they feared that the agency would not stand behind them,” according to the report. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009] According to the report, CIA personnel “are concerned that public revelation” of the program will “seriously damage” personal reputations as well as “the reputation and effectiveness of the agency itself.” One officer is quoted as saying he could imagine CIA agents ending up before the World Court on war crimes charges. “Ten years from now, we’re going to be sorry we’re doing this,” another officer said. But “it has to be done.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009] Helgerson will write: “This review of the agency’s early detention and interrogation activities was undertaken in part because of expressions of concern by agency employees that the actions in which they were involved, or of which they were aware, would be determined by judicial authorities in the US or abroad to be illegal. Many expressed to me personally their feelings that what the agency was doing was fundamentally inconsistent with long established US government policy and with American values, and was based on strained legal reasoning. We reported these concerns.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Recommendations - The report lists 10 recommendations for changes in the treatment of detainees, but it will not be reported what these are. Eight of the recommendations are apparently later adopted. Former CIA assistant general counsel John Radsan will later comment, “The ambiguity in the law must cause nightmares for intelligence officers who are engaged in aggressive interrogations of al-Qaeda suspects and other terrorism suspects.” [New York Times, 11/9/2005]
Approval, Contradictory Statements by Attorney General - The report says that Attorney General John Ashcroft approved all of these actions: “According to the CIA general counsel, the attorney general acknowledged he is fully aware of the repetitive use of the waterboard and that CIA is well within the scope of the DOJ opinion that the authority given to CIA by that opinion. The attorney general was informed the waterboard had been used 119 times on a single individual.” In 2009, reporter Michael Isikoff will say that the contents of the report “conflict… with the public statements that have been made over the years by Bush administration officials and CIA directors.” In 2007, then-CIA Director Michael Hayden will tell the Council on Foreign Relations that the agency’s detention and interrogation program was “very carefully controlled and lawfully conducted—has been carefully controlled and lawfully conducted.” Isikoff will say, “It’s kind of hard to square that with… what was in the CIA inspector general report that had been presented five years ago in 2004.” [Central Intelligence Agency, 5/7/2004 pdf file; MSNBC, 8/25/2009]
Questions of Effectiveness - The report does document that some interrogations obtained critical information to identify terrorists and stop potential plots, and finds that some imprisoned terrorists provided more information after being exposed to brutal treatment (see August 24, 2009). It finds that “there is no doubt” that the detention and interrogation program itself prevented further terrorist activity, provided information that led to the apprehension of other terrorists, warned authorities of future plots, and helped analysts complete an intelligence picture for senior policymakers and military leaders. But whether the harsh techniques were effective in this regard “is a more subjective process and not without some concern,” the report continues. It specifically addresses waterboarding as an illegal tactic that is not shown to have provided useful information. “This review identified concerns about the use of the waterboard, specifically whether the risks of its use were justified by the results, whether it has been unnecessarily used in some instances,” the report reads, and notes that in many instances, the frequency and volume of water poured over prisoners’ mouths and noses may have exceeded the Justice Department’s legal authorization. In the instance of detainee Abu Zubaida, the report finds, “It is not possible to say definitively that the waterboard is the reason for Abu [Zubaida]‘s increased production [of intelligence information], or if another factor, such as the length of detention, was the catalyst.” In 2009, Isikoff will note that the effectiveness of torture is not clarified by the report. “As you know, Vice President [Dick] Cheney and others who had defended this program have insisted time and again that valuable intelligence was gotten out of this program. You could read passages of this report and conclude that that is the case, that they did get—some passages say important intelligence was gotten. But then others are far more nuanced and measured, saying we don’t really know the full story, whether alternative techniques could have been used.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Cheney Blocked Report's Completion - Reporter Jane Mayer later learns that Cheney intervened to block Helgerson from completing his investigation. Mayer will write that as early as 2004, “the vice president’s office was fully aware that there were allegations of serious wrongdoing in the [interrogation] program.” Helgerson met repeatedly and privately with Cheney before, in Mayer’s words, the investigation was “stopped in its tracks.” She will call the meetings “highly unusual.” In October 2007, CIA Director Michael Hayden will order an investigation of Helgerson’s office, alleging that Helgerson was on “a crusade against those who have participated in controversial detention programs.” [Public Record, 3/6/2009]

Entity Tags: Office of Medical Services (CIA), International Criminal Court, Jane Mayer, John Helgerson, David Ignatius, John Radsan, John Ashcroft, Convention Against Torture, Abu Zubaida, Bush administration (43), US Department of Justice, Richard (“Dick”) Cheney, Central Intelligence Agency, Michael Hayden, Abd al-Rahim al-Nashiri, Khalid Shaikh Mohammed, Michael Isikoff

Timeline Tags: Torture of US Captives

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

In a secret agreement with the White House, the 9/11 Commission obtains the right to question at least two top al-Qaeda leaders in US custody. The two men are believed to be Khalid Shaikh Mohammed and Ramzi bin al-Shibh, two accused masterminds of the 2001 attacks. [Baltimore Sun, 5/12/2004] The results of the commission’s questioning of these suspects are published in a 9/11 Staff Statement released in June 2004. [9/11 Commission, 6/16/2004] However, in an ironic twist, during a 9/11-related lawsuit hearing held in June, US authorities refuse to acknowledge whether or not they have Khalid Shaikh Mohammed in custody. [Associated Press, 4/23/2004; Associated Press, 6/15/2004] Insurance companies representing 9/11 victims had requested that the US Justice Department serve a summons against Khalid Shaikh Mohammed, but a judge rules that the US government does not have to disclose whether it is holding alleged terrorists in custody. [Associated Press, 4/23/2004; Associated Press, 6/15/2004]

Entity Tags: Al-Qaeda, Khalid Shaikh Mohammed, Ramzi bin al-Shibh, White House, 9/11 Commission, US Department of Justice

Timeline Tags: 9/11 Timeline

Category Tags: 9/11 Commission, Khalid Shaikh Mohammed, Ramzi Bin Al-Shibh, Counterterrorism Policy/Politics, High Value Detainees, 9/11 Investigations

Time magazine reports that “the prestigious International Institute for Strategic Studies (IISS) released its annual survey that found, among other things, that far from dealing a blow to al-Qaeda and making the US and its allies safer, the Iraq invasion has in fact substantially strengthened bin Laden’s network and increased the danger of attacks in the West. And the London-based IISS is not some Bush-bashing antiwar think tank; it hosted the president’s keynote address during his embattled visit to the British late last year.” According to the IISS report, “Although half of al-Qaeda’s 30 senior leaders and perhaps 2,000 rank-and-file members have been killed or captured, a rump leadership is still intact and more than 18,000 potential terrorists are still at large, with recruitment accelerating on account of Iraq.” [Time, 5/26/2004]

Entity Tags: Al-Qaeda, International Institute for Strategic Studies

Category Tags: Counterterrorism Policy/Politics

Citing personal reasons, CIA Director George Tenet announces he will be stepping down in the next month. President Bush praises Tenet’s service, but there is widespread agreement that significant intelligence failures occurred during his tenure, most strikingly 9/11 itself. Sources also suggest that Tenet, originally a Clinton appointee, has been made a convenient scapegoat for Bush administration intelligence failures in Iraq and elsewhere. [CNN, 6/4/2004; Independent, 6/4/2004] Tenet and the Bush administration are expecting harsh criticism from several reports expected to find serious failures in intelligence gathering and analysis related to the 9/11 attacks. Most damaging is an upcoming Senate Intelligence Committee report expected to single out the CIA for errors in its judgments before the Iraq war (see June-November 2004). Committee chairman Pat Roberts (R-KS) has warned the administration that the report will be so harsh that questions will be raised as to whether senior CIA officials should be held accountable. Tenet will be replaced by Deputy Director John McLaughlin until a replacement is named, and will eventually be replaced by Porter Goss (see September 24, 2004). A friend of Tenet’s, former Deputy Director Richard Kerr, says that Tenet “may have believed that he was hurting the president. He’s an honorable person, and he may have had that as a consideration.” Former Democratic senator David Boren, a close friend and mentor of Tenet’s, says Tenet is not leaving because of criticisms likely to be leveled at either him or the agency: “If criticism either actual or anticipated was a factor, he would have left a long time ago. It’s been months of his desiring to leave.” Bush has asked Tenet to remain in the job several times over the past few months. When Tenet told Bush of his intentions to leave on June 2, Bush asked him to stay through the end of the year. Tenet replied that summer is a natural break point and a good time for him to depart. All the camaraderie and mutual praise between the two men aside, many believe that Tenet is departing in part because he is seen as a possible political liability for Bush. Senator Richard Shelby (R-AL) says, “I don’t think there are any tears over there” in the White House over Tenet’s departure. Former Senator Bob Graham (D-FL) believes that Tenet was in some way pushed to leave. “This president has been enamored of George Tenet, and has been reluctant to hold him or anyone else accountable, and that failure was becoming a bigger and bigger liability,” he says. According to Graham, Bush announces Tenet’s resignation for his own political well-being, “under circumstances where he is at the crime scene as short as possible.” Apparently, senior White House officials such as Vice President Dick Cheney and Secretary of State Colin Powell learn of Tenet’s resignation just a few moments before it is announced to the press. Two Congressmen who knew last night of the resignation were Goss (R-FL) and John Warner (R-VA), the chairmen of the House Intelligence and Senate Armed Services Committees, respectively. [New York Times, 6/4/2004]

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Richard Shelby, Pat Roberts, Richard Kerr, Porter J. Goss, John E. McLaughlin, George W. Bush, John W. Warner, Bush administration (43), Central Intelligence Agency, Daniel Robert (“Bob”) Graham, David Boren, Colin Powell, George J. Tenet

Timeline Tags: Iraq under US Occupation

Category Tags: Counterterrorism Policy/Politics

Author and former CIA agent Larry Kolb is discussing the government’s “war on terror” with a friend who works for the Department of Homeland Security (DHS). The DHS official says: “Look at it this way. The war on terror is being brought to you by the same people who brought you the war on drugs. Think about it—maybe one time in a thousand they actually catch somebody transporting or selling drugs. Then what do they do? They put that person in a federal facility, which is locked down and guarded 24 hours a day. And they still can’t even keep drugs out of that facility, let alone off our streets, or outside our borders. Now, really, how do you think we’re doing in the war on terror?” [Kolb, 2007, pp. 63]

Entity Tags: Larry Kolb, US Department of Homeland Security

Category Tags: Counterterrorism Policy/Politics

Yaser Esam Hamdi.Yaser Esam Hamdi. [Source: Associated Press]In the case of Yaser Esam Hamdi v. Donald Rumsfeld, the Supreme Court rules 8-1 that, contrary to the government’s position, Hamdi (see December 2001), as a US citizen held inside the US, cannot be held indefinitely and incommunicado without an opportunity to challenge his detention. It rules he has the right to be given the opportunity to challenge the basis for his detention before an impartial court. Justice Sandra Day O’Connor writes for the majority: “It would turn our system of checks and balances on its head to suggest that a citizen could not make his way to court with a challenge to the factual basis for his detention by his government, simply because the Executive opposes making available such a challenge. Absent suspension of the writ by Congress, a citizen detained as an enemy combatant is entitled to this process.” Hamdi, on the other hand, apart from military interrogations and “screening processes,” has received no process. Due process, according to a majority of the Court, “demands some system for a citizen detainee to refute his classification [as enemy combatant].” A “citizen-detainee… must receive notice of the factual basis for his classification, and a fair opportunity to rebut the government’s factual assertions before a neutral decision-maker.” However, O’Connor writes, “an interrogation by one’s captor… hardly constitutes a constitutionally adequate factfinding before a neutral decisionmaker.”
Conservative Dissent: President Has Inherent Power to Detain Citizens during War - Only Justice Clarence Thomas affirms the government’s opinion, writing, “This detention falls squarely within the federal government’s war powers, and we lack the expertise and capacity to second-guess that decision.” [Supreme Court opinion on writ of certiorari. Shafiq Rasul, et al. v. George W. Bush, et al., 6/28/2004] Thomas adds: “The Founders intended that the president have primary responsibility—along with the necessary power—to protect the national security and to conduct the nation’s foreign relations. They did so principally because the structural advantages of a unitary executive are essential in these domains.” [Dean, 2007, pp. 105]
'A State of War Is Not a Blank Check for the President' - The authority to hold Hamdi and other such US citizens captured on enemy battlefields derives from Congress’s Authorization to Use Military Force (AUMF—see September 14-18, 2001). Justice Antonin Scalia dissents from this portion of the majority ruling, saying that because Congress had not suspended habeas corpus, Hamdi should either be charged with a crime or released. The Court also finds that if Hamdi was indeed a missionary and not a terrorist, as both he and his father claim, then he must be freed. While the Court does not grant Hamdi the right to a full criminal trial, it grants him the right to a hearing before a “neutral decision-maker” to challenge his detention. O’Connor writes: “It is during our most challenging and uncertain moments that our nation’s commitment to due process is most severely tested; and it is in these times that we must preserve our commitment at home to the principles for which we fight abroad.… We have long made clear that a state of war is not a blank check for the president when it comes to the rights of the nation’s citizens.”
Affirms President's Right to Hold US Citizens Indefinitely - Although the media presents the ruling as an unmitigated defeat for the Bush administration, it is actually far more mixed. The White House is fairly pleased with the decision, insamuch as Hamdi still has no access to civilian courts; the administration decides that Hamdi’s “neutral decision-maker” will be a panel of military officers. Hamdi will not have a lawyer, nor will he have the right to see the evidence against him if it is classified. This is enough to satisfy the Court’s ruling, the White House decides. In 2007, author and reporter Charlie Savage will write: “[T]he administration’s legal team noted with quiet satisfaction that, so long as some kind of minimal hearing was involved, the Supreme Court had just signed off on giving presidents the wartime power to hold a US citizen without charges or a trial—forever.” The Justice Department says of the ruling that it is “pleased that the [Court] today upheld the authority of the president as commander in chief of the armed forces to detain enemy combatants, including US citizens.… This power, which was contested by lawyers representing individuals captured in the War on Terror, is one of the most essential authorities the US Constitution grants the president to defend America from our enemies.” [Savage, 2007, pp. 193-194]

Entity Tags: Sandra Day O’Connor, Antonin Scalia, Donald Rumsfeld, Yaser Esam Hamdi, Clarence Thomas, Charlie Savage

Timeline Tags: Torture of US Captives, Civil Liberties

Category Tags: Counterterrorism Policy/Politics

On July 8, 2004, the New Republic predicts a “July surprise” from the Bush-Cheney reelection campaign involving the arrest of a high-value target in Pakistan by the end of the month. The magazine reports that in the spring of 2004, the administration increased pressure on Pakistan to kill or capture Osama bin Laden, his deputy, Ayman al-Zawahiri, or Taliban leader Mullah Mohammed Omar, all believed to be hiding in Pakistan. Bush officials such as CIA Director George Tenet, Secretary of State Colin Powell and his assistant, Christina Rocca, State Department counterterrorism chief Cofer Black, and others all visited Pakistan in recent months to urge Pakistan to increase its efforts in the war on terrorism. The New Republic comments, “This public pressure would be appropriate, even laudable, had it not been accompanied by an unseemly private insistence that the Pakistanis deliver these high-value targets (HVTs) before Americans go to the polls in November.” Bush spokespeople deny that the administration exerted any such pressure. But according to one source in the Pakistani ISI, “The Pakistani government is really desperate and wants to flush out bin Laden and his associates after the latest pressures from the US administration to deliver before the [upcoming] US elections.” Another source in the Pakistani Interior Ministry says, “The Musharraf government has a history of rescuing the Bush administration. They now want Musharraf to bail them out when they are facing hard times in the coming elections.” And another ISI source says that the Pakistanis “have been told at every level that apprehension or killing of HVTs before [the] election is [an] absolute must.” The Pakistanis have even been given a target date, according to the second ISI source: “The last ten days of July deadline has been given repeatedly by visitors to Islamabad and during [ISI director Lieutenant General Ehsan ul-Haq’s] meetings in Washington.” The source says that a White House aide told ul-Haq last spring that “it would be best if the arrest or killing of [any] HVT were announced on twenty-six, twenty-seven, or twenty-eight July”—the first three days of the Democratic National Convention in Boston. One Pakistani general said recently, “If we don’t find these guys by the election, they are going to stick this whole nuclear mess [relating to A. Q. Khan] up our _sshole.” The Bush administration apparently is using a carrot-and-stick approach to make sure such an arrest takes place on schedule. The New Republic observes: “Pushing Musharraf to go after al-Qaeda in the tribal areas may be a good idea despite the risks. But, if that is the case, it was a good idea in 2002 and 2003. Why the switch now? Top Pakistanis think they know: This year, the president’s reelection is at stake.” [New Republic, 7/29/2004] Pakistan will announce the capture of al-Qaeda leader Ahmed Khalfan Ghailani on July 29, just hours before Democratic presidential John Kerry’s acceptance speech at the Democratic National Convention. The authors of the New Republic article will claim vindication for their prediction (see July 25-29, 2004).

Entity Tags: Osama bin Laden, Pervez Musharraf, Colin Powell, Christina Rocca, Cofer Black, Ayman al-Zawahiri, Abdul Qadeer Khan, Ahmed Khalfan Ghailani, Mullah Omar, John Kerry, George J. Tenet, George W. Bush, Ehsan ul-Haq

Timeline Tags: 2004 Elections

Category Tags: Counterterrorism Policy/Politics

US News and World Report writes, “Since 9/11, the worldwide war on terrorism has stretched those officers [at the CIA] thin, but the Iraq war is now putting them at a breaking point, say insiders.” Longtime CIA officer Jack Devine says, “The notion that you could support a military initiative in Iraq, combat worldwide terrorism, and cover other critical issues was wrong.” About a quarter of the CIA’s overseas staff is said to be in Iraq. One unnamed CIA officer says that CIA stations are “standing empty all over the world where there’s stuff to do. You’re either in Iraq, going to Iraq, or just back.” As a result, the CIA is turning more frequently to private contractors to make up shortfalls, including even in operational work. [US News and World Report, 7/25/2004]

Entity Tags: Jack Devine, Central Intelligence Agency

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

FBI agent Mike German quits the FBI and becomes a whistleblower against the bureau. He claims that FBI superiors committed illegal acts to hinder his investigation into terrorism in Florida (see September 2002). He complains, “What’s so frustrating to me is that what I hear the FBI saying every day on TV when I get home, about how it’s remaking itself to fight terrorism, is not the reality of what I saw every day in the field.” He also says, “Opportunities to initiate proactive investigations that might prevent terrorist acts before they occur, which is purported to be the FBI’s number one priority, continue to be lost, yet no one is held accountable.” He cites “a continuing failure in the FBI’s counterterrorism program” which is “not the result of a lack of intelligence, but a lack of action.” [New York Times, 8/2/2004]

Entity Tags: Federal Bureau of Investigation, Mike German

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

Muhammad Naeem Noor Khan.Muhammad Naeem Noor Khan. [Source: BBC]The New York Times reveals the identity of al-Qaeda operative Muhammad Naeem Noor Khan. Bush administration officials allegedly revealed his name to the Times in an attempt to defend a controversial US terror alert issued the day before (see August 1, 2004). [Associated Press, 8/10/2004; Suskind, 2006, pp. 325-326] Officials from the Department of Homeland Security apparently gave out the name without revealing that Khan had already been turned and was helping to catch other al-Qaeda operatives. [Daily Times (Lahore), 8/8/2004] A few days later, National Security Adviser Condoleezza Rice confirms that US officials named Khan to the reporters “on background.” [Boston Globe, 8/10/2004] But some days after that, anonymous Pakistani government sources will claim that Khan’s name was initially leaked by Pakistani officials. [Salon, 8/17/2004] Middle East expert Juan Cole suggests both accounts have merit. In the hours after the August 1 terror alert that was based on information secured from Khan’s computer, reporters scramble to determine the source of the alert. One reporter learns of the Khan arrest from a CIA analyst, though the analyst refuses to give out any names. Cole believes that New York Times reporter David Rohde then acquires Khan’s name from his Pakistani sources and confirms it through US sources at the Department of Homeland Security. [Antiwar.com, 8/19/2004] Khan, an al-Qaeda computer expert, was arrested in Pakistan on July 13 and quickly began cooperating with investigators. He started sending e-mails to other operatives around the world and asked them to report back in. As they replied, investigators began tracing their locations. But Khan’s name is revealed before his computer contacts could be fully exploited. Many al-Qaeda members, including some suspected plotters planning strikes on US targets, escape arrest because of the outing. One Pakistani official says, “Let me say that this intelligence leak jeopardized our plan and some al-Qaeda suspects ran away.” [Associated Press, 8/10/2004; Suskind, 2006, pp. 325-326] Intelligence reports also indicate that the exposure of Khan makes al-Qaeda members more cautious in their electronic communications. Many cells abruptly move their hideouts, causing the US losing track of them. [Salon, 8/9/2004; Village Voice, 8/2/2005] Some are critical about the leak of Khan’s name:
bullet Tim Ripley, a security expert who writes for Jane’s Defense publications, says, “The whole thing smacks of either incompetence or worse. You have to ask: what are they doing compromising a deep mole within al-Qaeda, when it’s so difficult to get these guys in there in the first place? It goes against all the rules of counterespionage, counterterrorism, running agents, and so forth. It’s not exactly cloak and dagger undercover work if it’s on the front pages every time there’s a development, is it?”
bullet British Home Secretary David Blunkett is openly contemptuous of the White House’s management of the information. “In the United States there is often high-profile commentary followed, as in the current case, by detailed scrutiny, with the potential risk of ridicule. Is it really the job of a senior cabinet minister in charge of counter-terrorism to feed the media? To increase concern? Of course not. This is arrant nonsense.” [Salon, 8/9/2004]
bullet Other high-level British officials are “dismayed by the nakedly political use made of recent intelligence breakthroughs both in the US and in Pakistan.” They complain that they had to act precipitously in arresting low-level al-Qaeda figures connected to Khan instead of using those suspects to ferret out more senior al-Qaeda figures. These officials are “dismayed by the nakedly political use made of recent intelligence breakthroughs both in the US and in Pakistan.” [New York Observer, 8/11/2004]
bullet Senator Charles Schumer (D-NY) writes in a letter to Bush officials, “I respectfully request an explanation [about] who leaked this Mr. Khan’s name, for what reason it was leaked, and whether the British and Pakistani reports that this leak compromised future intelligence activity are accurate.” [Boston Globe, 8/10/2004]
bullet Senator George Allen (R-VA) says, “In this situation, in my view, they should have kept their mouth shut and just said, ‘We have information, trust us’.”
bullet [Inter Press Service, 8/10/2004]
bullet Middle East expert Juan Cole notes that the leak of Khan’s name forced the British to arrest 12 members of an al-Qaeda cell prematurely, allowing others to escape. “[T]his slip is a major screw-up that casts the gravest doubts on the competency of the administration to fight a war on terror. Either the motive was political calculation, or it was sheer stupidity. They don’t deserve to be in power either way.” [Daily Times (Lahore), 8/8/2004]
bullet Salon’s Dale Davis says, “[S]adly, the damage [the Bush administration’s] machinations have caused to the goal of defeating al-Qaeda will be measured in the loss of the young American servicemen and women who carry the burden of their failed policies.” [Salon, 8/13/2004]

Entity Tags: John Loftus, Juan Cole, New York Times, James Ridgeway, Pakistan Directorate for Inter-Services Intelligence, George W. Bush, Dale Davis, Douglas Jehl, George F. Allen, Tim Ripley, Al-Qaeda, David Rohde, David Blunkett, Muhammad Naeem Noor Khan

Category Tags: Other Possible Moles or Informants, Counterterrorism Action After 9/11, Counterterrorism Policy/Politics

CIA official Michael Scheuer says that the CIA’s bin Laden unit, Alec Station, is still effectively less than 30 people strong. Scheuer was head of the unit until 1999 (see June 1999, and he says this was about the size of the unit when he left. Technically, the unit has hundreds of employees, but Scheuer claims this is not really true. He says: “The numbers are big, but it’s a shell game. It’s people they move in for four or five months at a time and then bring in a new bunch. But the hard core of expertise, of experience, of savvy really hasn’t expanded at all since 9/11.” [Guardian, 8/20/2004] There were about 35 to 40 people in the unit at the time of the 9/11 attacks (see Just Before September 11, 2001). The unit will be closed down altogether one year later (see Late 2005).

Entity Tags: Alec Station, Central Intelligence Agency, Michael Scheuer, Osama bin Laden

Timeline Tags: War in Afghanistan

Category Tags: Hunt for Bin Laden in Pakistan, Counterterrorism Policy/Politics

At the request of Defense Secretary Donald Rumsfeld, President George Bush issues an Executive Order on the “War on Terrorism” authorizing the military “to find and finish” terrorist targets, including certain al-Qaeda network members, the al-Qaeda senior leadership, and other high-value targets. The order was cleared by the national-security bureaucracy. This gives more responsibility to the Defense Department that was previously given to the CIA. [New Yorker, 1/24/2005 Sources: unnamed pentagon consultant]

Entity Tags: Donald Rumsfeld, George W. Bush

Timeline Tags: US Military, 2004 Elections

Category Tags: Counterterrorism Policy/Politics

Michael Scheuer, head of the CIA’s bin Laden unit from 1996 to 1999, complains, “In the CIA’s core, US-based bin Laden operational unit today there are fewer [operational] officers with substantive expertise on al-Qaeda than there were on 11 September 2001. There has been no systematic effort to groom al-Qaeda expertise among [operational] officers since 11 September… The excellent management team now running operations against al-Qaeda has made repeated, detailed, and on-paper pleas for more officers to work against the al-Qaeda—and have done so for years, not weeks or months—but have been ignored…” [Atlantic Monthly, 12/2004]

Entity Tags: Central Intelligence Agency, Alec Station, Michael Scheuer

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

Vice President Dick Cheney says that a victory by Democratic presidential candidate John Kerry in the upcoming election will put the US at risk of another “devastating” terrorist attack along the lines of 9/11. Kerry’s running mate, John Edwards, calls Cheney’s remarks “un-American.” Cheney tells a group of Republican supporters in Iowa that they need to make “the right choice” in the November 2 election. “If we make the wrong choice, then the danger is that we’ll get hit again—that we’ll be hit in a way that will be devastating from the standpoint of the United States,” Cheney says. “And then we’ll fall back into the pre-9/11 mindset, if you will, that in fact these terrorist attacks are just criminal acts and that we’re not really at war. I think that would be a terrible mistake for us.” Edwards responds: “Dick Cheney’s scare tactics crossed the line.… What he said to the American people was that if you go to the polls in November and elect anyone other than us, and another terrorist attack occurs, then it’s your fault. This is un-American. The truth is that it proves once again that they will do anything and say anything to keep their jobs.” Edwards says that a Kerry administration “will keep the American people safe, and we will not divide the country to do it.” Cheney spokeswoman Anne Womack says Cheney’s comments merely reflect “a difference in policy” between the Bush/Cheney and Kerry/Edwards tickets, and adds: “This is nothing new. This is nothing inconsistent with his views. This is an overreaction to something we have used repeatedly and consistently. This is something that both the president and vice president have talked about consistently, the need to learn the lessons of 9/11. He was not connecting the dots.” Later, Womack complains that Cheney’s remarks were taken out of context: “If you take the whole quote, the vice president stands by his statement. But if you just take a chunk, that’s not what he meant.” [CNN, 9/7/2004]

Entity Tags: Richard (“Dick”) Cheney, Anne Womack, John Kerry, John Edwards

Timeline Tags: 2004 Elections

Category Tags: Counterterrorism Policy/Politics

On September 13, after two months of legal argument in court, the British trial begins against Kamal Bourgass and his alleged co-conspirators Mouloud Sihali, David Khalef, Sidali Feddag and Mustapha Taleb. The trial reveals the true extent of the capabilities of the so-called “ricin ring.” The same day of the raid, January 5, 2003, chemical weapons experts at the Defence Science and Technology Laboratory at Porton Down in Wiltshire had discovered in more accurate tests that the initial positive result for ricin was false: there was no ricin in the flat (see January 5, 2003). This finding was not released publicly for two years. [Independent, 4/17/2005] The trial also reveals that the results of the Porton Down test were not released to police and ministers until March 20, 2003, the day after the war in Iraq begins (see January 7, 2003). [BBC, 9/15/2005] George Smith, a scientist and senior fellow at GlobalSecurity.org, serves as an expert for some defendants in the trial and confirms that the discovery that the initial ricin finding was a “false positive” was made “well before the outbreak of the war in Iraq.” The alleged ricin plot was used by authorities, including Colin Powell, as evidence against Saddam Hussein’s regime in the build-up to war with Iraq. [Washington Post, 4/14/2005] The “poison recipes” discovered in the raid are found to have come from a website in Palo Alto, California, and are the invention of right-wing survivalist Kurt Saxon. His website sells books and CDs with bomb and poison manufacturing instructions. Journalist Duncan Campbell of the Guardian, called as an expert witness, further demonstrates that the instructions could have come from the Mujahedeen Poisons Handbook, which was written by veterans of the Afghan war and had been on the Internet since 1998. In fact, these recipes were useless in the production of weapons of mass destruction. [Guardian, 4/15/2005] The hysteria over the capabilities of ricin is also laid to rest during the trial. It is made clear that ricin is not a weapon of mass destruction and has only ever been used for one-on-one killings and attempted assassinations. Ricin was used by the Bulgarian secret service to kill dissident Georgi Markov on the streets of London in 1978. Professor Alistair Hay, a prominent authority on toxins, says Bourgass’s attempts to manufacture chemical weapons were “incredibly amateurish and unlikely to succeed.” He dismisses the allegations of suspected Algerian al-Qaeda operative Mohammed Meguerba that ricin would be smeared on door handles. To reliably kill, ricin has to be directly injected; swallowing ricin could kill, but is a thousand times less effective, while touching ricin is even less likely to kill. Hay’s testimony leads to the prosecution dropping Meguerba’s claims. They then suggest that Bourgass planned to smear ricin on toothbrushes, and put them back on a shop’s shelves. Professor Hay tells The Independent that this was a highly ineffective method. “The claims made before the trial about this major ricin plot were very, very questionable,” he says. [Independent, 4/17/2005]

Entity Tags: Duncan Campbell, Sidali Feddag, Defence Science and Technology Laboratory, Alistair Hay, David Khalef, Mouloud Sihali, Mustapha Taleb, Maxwell Hutchkinson, Globalsecurity.org, Kamal Bourgass, Mohammed Meguerba, Kurt Saxon, George Smith

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: Londonistan - UK Counterterrorism, Counterterrorism Policy/Politics

Alvin Hellerstein.Alvin Hellerstein. [Source: Associated Press]In 2003, after reports began to surface that some detainees in US custody had been abused, the American Civil Liberties Union (ACLU) filed a Freedom of Information Act request seeking records about the treatment of all detainees caught since 9/11 and held in US custody overseas. The ACLU eventually filed a lawsuit to get the records, and on September 15, 2004, judge Alvin Hellerstein orders the CIA and other government agencies to “produce or identify” all relevant documents by October 15, 2004. [FindLaw, 12/14/2007] Hellerstein also rules that classified documents must be identified in a written log and the log must be submitted to him for review. In December 2004, the CIA and other agencies make public a huge amount of information but fail to inform the judge about the videotapes and other classified information (see December 21, 2004). Since that time, the case remains delayed with stays, extensions, and appeals. In December 2005, the CIA will destroy videotapes of the interrogations of at least two high-ranking al-Qaeda detainees (see November 2005). After the destruction of the videotapes is publicly revealed in December 2007, the New York Times will comment on the ACLU case, “Some legal experts [say] that the CIA would have great difficulty defending what seemed to be a decision not to identify the tapes to the judge, and the subsequent decision to destroy the tapes.” [New York Times, 12/13/2007] Legal analyst John Dean will later comment, “It is difficult to see why the CIA is, in fact, not in contempt, given the nature of the [ACLU] request and the judge’s order.” He will suggest that the case may represent the best chance to find out why and how the CIA destroyed the videotapes. [FindLaw, 12/14/2007]

Entity Tags: Alvin K. Hellerstein, John Dean, Central Intelligence Agency, American Civil Liberties Union

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

On a September 30, 2004, presidential debate with John Kerry, President Bush says, “75 percent of known al-Qaeda leaders have been brought to justice.” But there is no evidence to support such a number. He uses this same number in other speeches around this time. In 2003, Bush’s top advisers typically said that more than one-third of the most wanted leaders had been found. Prior to the Republican convention in early September, the White House had claimed that “two-thirds” of the “senior al-Qaeda and associated leaders, operational managers, and key facilitators” had been captured or killed. But while the White House numbers were increasing as the November 2004 presidential election drew closer, the number of top al-Qaeda figures captured or killed remained essentially unchanged - Hassan Ghul was captured in early 2004 (see January 23, 2004). In October 2004, the Washington Post learns 28 of the approximately 30 names on a classified and unpublished “high-value targets” list of al-Qaeda leaders. Only 14, or half, are known to be killed or captured. (Other al-Qaeda leaders captured in 2004, such as Ahmed Khalfan Ghailani (see July 25-29, 2004), apparently are not considered important enough to be included in the list seen by the Washington Post.) [Washington Post, 10/22/2004; American Prospect, 11/1/2004] In 2008, it will be reported that, of the 37 people the CIA deemed the most important al-Qaeda leaders in 2002, only 15 have been captured or killed. [Rashid, 2008, pp. 280-281]

Entity Tags: George W. Bush, Al-Qaeda, Central Intelligence Agency

Timeline Tags: 2004 Elections

Category Tags: High Value Detainees, Counterterrorism Policy/Politics

Lt. Col. Anthony Christino III, a 20-year military intelligence veteran who spent six months in 2003 working as “senior watch officer” with a Joint Intelligence Task Force, says that material he reviewed from Guantanamo indicated that the administration had “wildly exaggerated” the intelligence value of the Guantanamo detainees. The process of screening captives at Bagram for detention at Guantanamo was “hopelessly flawed from the get-go,” he says. The personnel that conducted the screening were “far too poorly trained to identify real terrorists from the ordinary Taliban militia.” Most of the Guantanamo detainees had no connection to al-Qaeda, Christino said, adding that Gen. Geoffrey D. Miller’s system would have only produced false confessions. [Observer, 10/3/2004] He also says it is doubtful that Guantanamo prisoners possessed any important intelligence concerning al-Qaeda. Anyone claiming to have such information probably fabricated it in response to the awards and punishment policy instituted by General Miller. Christino’s account is supported by an FBI official whose job it is to track suspected terrorists. The official tells the Guardian, “I’m unaware of any important information in my field that’s come from Gitmo. It’s clearly not a significant source.” [Guardian, 10/3/2004]

Entity Tags: Anthony Christino III, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

Category Tags: Counterterrorism Policy/Politics

A US PSYOP leaflet disseminated in Iraq showing a caricature of al-Zarqawi caught in a rat trap. The caption reads: “This is your future, Zarqawi.”A US PSYOP leaflet disseminated in Iraq showing a caricature of al-Zarqawi caught in a rat trap. The caption reads: “This is your future, Zarqawi.” [Source: US Department of Defense]The Telegraph reports that US military intelligence agents in Iraq believe that the role of Abu Musab al-Zarqawi, the supposed leader of al-Qaeda in Iraq, has been greatly exaggerated. The Bush administration has used al-Zarqawi as a villain to blame post-invasion troubles in the Iraq war and to connect the Iraqi insurgency to al-Qaeda (see February 9, 2004). [Daily Telegraph, 10/4/2004] For instance, in April 2004, US military spokesman Maj. Gen. Rick Lynch said that more than 90 percent of the suicide attacks in Iraq were carried out by terrorists recruited and trained by al-Zarqawi. [Washington Post, 6/10/2006] The Telegraph reports: “US military intelligence agents in Iraq have revealed a series of botched and often tawdry dealings with unreliable sources who, in the words of one source, ‘told us what we wanted to hear… We were basically paying up to $10,000 a time to opportunists, criminals, and chancers who passed off fiction and supposition about al-Zarqawi as cast-iron fact, making him out as the linchpin of just about every attack in Iraq… Back home this stuff was gratefully received and formed the basis of policy decisions. We needed a villain, someone identifiable for the public to latch on to, and we got one.’” Millitary intelligence officials believe that the insurgency is dominated by Iraqis and that the number of foreign fighters such as al-Zarqawi could be as low as 200. However, some of these officials complain that their reports to US leaders about this are largely being ignored. [Daily Telegraph, 10/4/2004] In 2006, leaked classified US military documents will show that the US military ran a propaganda campaign from at least early 2004 to exaggerate al-Zarqawi’s importance in the US and Iraqi media (see April 10, 2006).

Entity Tags: Abu Musab al-Zarqawi, Bush administration (43), Al-Qaeda, Rick Lynch

Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda

Category Tags: Alleged Iraq-Al-Qaeda Links, Counterterrorism Policy/Politics

Accused terrorist Yaser Esam Hamdi returns to Saudi Arabia aboard a US military jet. Earlier in 2004, the US Supreme Court ruled that the US government could not continue to hold Hamdi, a US citizen, as an enemy combatant without allowing him to challenge that status (see June 28, 2004). The US government was still free to bring charges against him but instead chose to negotiate with his attorneys about a release. In exchange for his release, Hamdi agrees to renounce his US citizenship and pledge never to travel to Afghanistan, Iraq, Israel, Pakistan, Syria, the Palestinian West Bank, or Gaza. He must also report any intent to travel outside Saudi Arabia. [CNN, 10/14/2004]
'Shocking Admission' of Lack of Criminal Case against Hamdi - Andrew Cohen comments in the Los Angeles Times, “If Hamdi is such a minor threat today that he can go back to the Middle East without a trial or any other proceeding, it’s hard not to wonder whether the government has been crying wolf all these years.” He calls the release “a shocking admission from the government that there is not now, and probably never has been, a viable criminal case against Hamdi.” [Los Angeles Times, 8/16/2004]
Hamdi Case Used to Set Favorable Precedent? - Author and reporter Charlie Savage will agree with Cohen. “Hamdi’s release meant that a prisoner who the White House had once sworn was too dangerous to be allowed access to a lawyer was now going free—just like hundreds of prisoners from Guantanamo who were held without trial for years and then quietly released,” Savage will write. He will note that many administration critics believe Hamdi’s case had been used as a tool by the administration to get a favorable judicial precedent and, once that precedent had been put in place, the administration had no more use for Hamdi and threw him out of the country rather than actually continue with a problematic trial or legal proceeding. [Savage, 2007, pp. 199-200]

Entity Tags: Charlie Savage, Yaser Esam Hamdi, Andrew Cohen

Timeline Tags: Torture of US Captives, Civil Liberties

Category Tags: Counterterrorism Policy/Politics

A group of more than 650 Western foreign affairs specialists, calling themselves “Security Scholars for a Sensible Foreign Policy,” write an “Open Letter to the American People,” which says: “American actions in Iraq, including but not limited to the scandal of Abu Ghraib, have harmed the reputation of the US in most parts of the Middle East and, according to polls, made Osama bin Laden more popular in some countries than is President Bush. This increased popularity makes it easier for al-Qaeda to raise money, attract recruits, and carry out its terrorist operations than would otherwise be the case.” [Anti-war (.com), 10/12/2004]

Entity Tags: Osama bin Laden, George W. Bush

Timeline Tags: Torture of US Captives, Civil Liberties

Category Tags: Counterterrorism Policy/Politics

Deputy Homeland Security Adviser Richard Falkenrath.Deputy Homeland Security Adviser Richard Falkenrath. [Source: US State Department]The Washington Post reports that President Bush remains focused on the capture of top al-Qaeda leaders and has shown little interest in other counterterrorism efforts. The Post reports, “Bush conducts the war on terrorism above all as a global hunt for a cast of evil men he knows by name and photograph. He tracks progress in daily half-hour meetings that Richard A. Falkenrath, who sometimes attended them before departing recently as deputy homeland security adviser, described as ‘extremely granular, about individual guys.’” Falkenrath says, “This is a conversation he’s been having every day, more or less, with his senior advisers since September 11th.” It covers “the same people, over and over again.”
"Decapitate the Beast" - In 2002, the CIA identified about 30 al-Qaeda leaders known as “high-value targets,” and the Bush administration believed al-Qaeda would collapse without them. White House counterterrorism adviser Frances Townsend similarly says Bush’s strategy since 9/11 has been to “decapitate the beast.” She says the men on the list have “unique expertise, experience, or access.” Al-Qaeda may replace them, “but does that person have the same strength and leadership and capability? The answer is no. Maybe he acquires it on the job, but maybe not.” However, many counterterrorism experts increasingly believe that al-Qaeda has turned into more of an ideology than a hierarchical structure, and that the movement can easily survive the loss of its top leaders.
Crossing Names Off a List - Since shortly after 9/11, Bush has had a card containing a list of the names of the top al-Qaeda leaders, and he likes to personally cross them off the card whenever any are captured or killed. The Post says that Bush “mentions little else, save the Taliban’s expulsion from power, when describing progress against al-Qaeda. According to people who have briefed him, Bush still marks changes by hand” on his copy of list of leaders. He sees the issue largely in terms of a battle of wills between himself and al-Qaeda leaders, although he also focuses on removing the governments of countries he believes are state sponsors of terrorism, such as Iraq.
Bush Not Interested in Root Causes of Terrorism - Bush is uninterested in polls showing sharply rising anti-US sentiment overseas, particularly in Muslim countries. One high high-ranking national security official says of the increasing Muslim hostility to the US, “I don’t think it matters.” Many counterterrorism experts and officials disagree. Wayne Downing, Bush’s counterterrorism “tsar” from late 2001 until early 2004, says that Osama bin Laden has worked effectively to “convince the Islamic world the US is the common enemy.… We have done little or nothing [to combat this perception]. That is the big failure.” The Post says that “strong majorities of several dozen officers and officials who were interviewed… cite a long list of proposals to address terrorism at its roots that have not been carried out.” [Washington Post, 10/22/2004]

Entity Tags: Washington Post, Wayne Downing, Osama bin Laden, George W. Bush, Frances Townsend, Al-Qaeda, Richard A. Falkenrath, Taliban

Category Tags: Counterterrorism Policy/Politics

Several members of the National Security Council conclude that Osama bin Laden’s presence on the international stage is helping George Bush’s presidential campaign. (The CIA has apparently concluded the same (see October 29, 2004 and October 29, 2004).) Author Ron Suskind will write, “While the CIA glimpsed at the issue of bin Laden’s motivations and turned away, there were those who understood just how acutely this heated, global dialog—of ideas and message and the preservation of power, of us and them—was a two way street. On that score, any number of NSC principals could tell you something so dizzying that not even they will touch it: that Bush’s ratings track with bin Laden’s ratings in the Arab world. No one doubts that George Bush is earnest when he thinks of the victims of 9/11 and speaks of his longing to bring the culprits to justice. Yet he is an ambitious man, atop a nation of ambitious and complex desires, who knows that when the al-Qaeda leader displays his forceful presence, his own approval ratings rise, and vice versa.” [Suskind, 2006, pp. 336-7]

Entity Tags: George W. Bush, Osama bin Laden, National Security Council

Timeline Tags: 2004 Elections

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

President Bush signs the 2004 Defense Authorization Act which contains a provision giving the Pentagon authority for US special operations to give cash, equipment, and weapons to foreign fighters and groups who are willing to ally themselves with the US on certain military operations. Under the new piece of legislation, US Special Operations Command will have as much as $25 million a year to spend on supporting “foreign forces, irregular forces, groups or individuals.” Commenting on Congress’ generous appropriation, retired Army Gen. Wayne Downing tells the Associated Press, “For the kind of stuff they want to do—buy AK-47s, pick-up trucks, stuff like that—this is a lot of money. If they can slip someone $100,000 to buy information or buy support (from foreign individuals or groups), then that would be very useful.” Until now, these types of operations were restricted to the CIA—but only when authorized by a presidential directive. This new provision imposes no such restrictions on the Pentagon’s special operations. Some observers have expressed concern that this will lead to problems. They fear that special operations will end up funding and arming unsavory foreign elements that later turn against the US, as has happened on countless occasions during the last half-century. Others say the measure is part of Rumsfeld’s strategy to make the defense department more autonomous so its activities will not be subject to the oversight of other agencies. [Associated Press, 10/30/2005]

Entity Tags: George W. Bush, US Congress, Wayne Downing

Timeline Tags: US Military

Category Tags: Counterterrorism Policy/Politics

CIA officer Rolf Mowatt-Larssen.CIA officer Rolf Mowatt-Larssen. [Source: Department of Energy]The CIA analyzes bin Laden’s new speech, which was released four days before the US presidential election (see October 29, 2004), and concludes that it improves George Bush’s reelection chances. According to author Ron Suskind, the CIA, which has “spent years… parsing each word of the al-Qaeda leader,” knows that “bin Laden speaks only for strategic reasons—and those reasons are debated with often startling depth inside the organization’s leadership.” The analysts conclude that “bin Laden’s message was clearly designed to assist the president’s reelection.” Deputy Director John McLaughlin says in a meeting analyzing the speech, “Bin Laden certainly did a nice favor today for the president.” CIA deputy associate director Jami Miscik similarly comments, “Certainly, he would want Bush to keep doing what he’s doing for a few more years.” However, the CIA does not discuss why bin Laden wants Bush to stay. Suskind will write, “But an ocean of hard truths before them—such as what did it say about US policies that bin Laden would want Bush reelected—remained untouched.” CIA officer Rolf Mowatt-Larssen will later say: “It was sad. We just sat there. We were dispirited.” Several National Security Council members have already reached the conclusion that bin Laden’s presence on the international stage helps Bush (see October 29, 2004). Both presidential candidates condemn bin Laden. John Kerry says, “As Americans, we are absolutely united in our determination to hunt down and destroy Osama bin Laden.” George Bush says, “Americans will not be intimidated or influenced by an enemy of our country.” [Suskind, 2006, pp. 335-6] Several commentators believe the intervention will help Bush, for example:
bullet Veteran journalist Walter Cronkite says, “I have a feeling that it could tilt the election a bit. In fact, I’m a little inclined to think that Karl Rove, the political manager at the White House, who is a very clever man, he probably set up bin Laden to this thing.” [CNN, 10/29/2004]
bullet Roger Simon of US News and World Report says, “I don’t have any trouble parsing out who this helps. I think this is an enormous boost for George Bush.” [CNN, 10/29/2004]
bullet MSNBC host Chris Matthews says, “The big thing in politics, of course, is picking the right topic… This creates a terrible situation for the challenger, because it seems to me that Karl Rove has his finger on this.” [MSNBC, 10/29/2004]
bullet MSNBC correspondent Andrea Mitchell says, “It makes it harder for Kerry, and it shifts the subject matter back to what George Bush is strongest on. So the Bush people may not say that they are happy about this, but I’m sure that they could not be more pleased that this is the subject of the closing days. How do you say October surprise? This is one that could benefit the president.” [MSNBC, 10/29/2004]
bullet CNBC co-host Lawrence Kudlow says, “It will play into Bush’s hands.… it falls into Bush’s lap. And unlike 2000, I think it’s the kind of thing that will cause the remaining undecided voters in the next 72 hours or so to break for Bush.” [MSNBC, 10/29/2004]
bullet Weekly Standard staff writer Stephen Hayes says, “I think that, as most people have indicated, that is likely to help President Bush.” [MSNBC, 10/29/2004]
Other commentators from across the political spectrum who suggest the speech will help Bush include Fox News correspondent Major Garrett, Boston Herald columnist Mike Barnicle, Time magazine correspondent Karen Tumulty, former plumber G. Gordon Liddy, former presidential candidate Pat Buchanan, MSNBC host Joe Scarborough, the Cook Political Report editor and publisher Charlie Cook, Washington Post journalist Jeffery Birnhaum, and Roll Call executive editor Morton Kondracke. [Fox News, 10/29/2004; Fox News, 10/29/2004; CNN, 10/29/2004; MSNBC, 10/29/2004; MSNBC, 10/29/2004] Some right wing commentators suggest that the tape will help Kerry, including Fox News political commentator Dick Morris, Weekly Standard executive editor Fred Barnes, Washington Times reporter Bill Gertz, Fox News host Sean Hannity, and author Peggy Noonan. [Fox News, 10/29/2004; Fox News, 10/29/2004; Fox News, 10/29/2004; Fox News, 10/29/2004] A Newsweek poll shows that Bush’s lead increases after the tape is released and, after the election, John Kerry, the losing Democratic candidate, will attribute his failure to bin Laden’s intervention: “We were rising in the polls until the last day the tape appeared. We flat-lined the day the tape appeared, and went down on Monday.” [Daily Telegraph, 11/1/2004; MSNBC, 1/30/2005] George Bush will also agree that the tape helped, saying, “I thought it was going to help. I thought it would help remind people that if bin Laden doesn’t want Bush to be the president, something must be right with Bush.” [Reuters, 3/1/2006]

Entity Tags: John Kerry, Lawrence Kudlow, Karen Tumulty, Joseph Scarborough, Michael Barnicle, John E. McLaughlin, Walter Cronkite, Osama bin Laden, Rolf Mowatt-Larssen, Stephen Hayes, Morton Kondrake, Sean Hannity, Patrick Buchanan, Jeff Birnbaum, Peggy Noonan, Jami Miscik, Roger Simon, G. Gordon Liddy, George W. Bush, Bill Gertz, Central Intelligence Agency, Andrea Mitchell, Chris Matthews, Fred Barnes, Dick Morris, Charles Cook

Timeline Tags: 2004 Elections

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

Senator John McCain (R-AZ) says, “[Osama] bin Laden may have just given us a little boost. Amazing, huh?” He is referring to the videotape of bin Laden giving a speech that was released just four days before the 2004 US presidential elections (see October 29, 2004), and two days prior to his comment. McCain clarifies, “[The video] is helpful to President Bush because it puts the focus on the war on terrorism.” The CIA and other intelligence agency analysts also agree that the video helps Bush win reelection, and that that was bin Laden’s intention (see October 29, 2004). [The Hour, 10/31/2004]

Entity Tags: Osama bin Laden, John McCain, George W. Bush

Timeline Tags: 2004 Elections

Category Tags: Alleged Iraq-Al-Qaeda Links, Counterterrorism Policy/Politics

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

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

Timeline Tags: Civil Liberties, 2004 Elections

Category Tags: Counterterrorism Policy/Politics

President George W. Bush and Vice President Dick Cheney are re-elected to the US presidency for a second term. In the coming months, some important cabinet officials are replaced. Secretary of State Colin Powell resigns. Condoleezza Rice moves from National Security Adviser to Secretary of State. Her Deputy National Security Adviser Steven Hadley becomes the new National Security Adviser. Attorney General John Ashcroft resigns and is replaced by Alberto Gonzalez. Department of Homeland Security Director Tom Ridge resigns and is replaced by Michael Chertoff. [CBS News, 11/30/2004]

Entity Tags: Alberto R. Gonzales, Colin Powell, Tom Ridge, Stephen J. Hadley, Condoleezza Rice, George W. Bush, Michael Chertoff, Richard (“Dick”) Cheney, John Ashcroft

Timeline Tags: 9/11 Timeline, 2004 Elections

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

Intelligence Brief, a newsletter published by former CIA officers Vince Cannistraro and Philip Giraldi, reports that the White House has given the Pentagon permission “to operate unilaterally in a number of countries where there is a perception of a clear and evident terrorist threat,” including Algeria, Sudan, Yemen, Syria, Malaysia, and Tunisia. [New Yorker, 1/24/2005] The operations’ chain of command will include Defense Secretary Donald Rumsfeld and two of his deputies, Stephen Cambone, the undersecretary of defense for intelligence, and Army Lieutenant General William G. (Jerry) Boykin. Under these new arrangements, “US military operatives would be permitted to pose abroad as corrupt foreign businessmen seeking to buy contraband items that could be used in nuclear-weapons systems,” New Yorker magazine reports. “In some cases, according to the Pentagon advisers, local citizens could be recruited and asked to join up with guerrillas or terrorists. This could potentially involve organizing and carrying out combat operations, or even terrorist activities.” Describing how the operations would be conducted, Seymour Hersh of the New Yorker reports: “The new rules will enable the Special Forces community to set up what it calls ‘action teams’ in the target countries overseas which can be used to find and eliminate terrorist organizations. ‘Do you remember the right-wing execution squads in El Salvador?‘… [a] former high-level intelligence official asked me… ‘We founded them and we financed them,’ he said. ‘The objective now is to recruit locals in any area we want. And we aren’t going to tell Congress about it.’ A former military officer, who has knowledge of the Pentagon’s commando capabilities, said, ‘We’re going to be riding with the bad boys.’” [New Yorker, 1/24/2005]

Entity Tags: William Boykin, US Congress, Donald Rumsfeld, George W. Bush, Philip Giraldi, Stephen A. Cambone, Vincent Cannistraro

Timeline Tags: US Military

Category Tags: Counterterrorism Policy/Politics

President Bush awards Tenet the Medal of Freedom.President Bush awards Tenet the Medal of Freedom. [Source: Associated Press]President Bush gives the Presidential Medal of Freedom to former CIA Director George Tenet, former Iraq war leader General Tommy Franks, and former Iraq functionary Paul Bremer. The Medal of Freedom is the highest honor the president can bestow. Bush comments, “This honor goes to three men who have played pivotal roles in great events and whose efforts have made our country more secure and advanced the cause of human liberty.” [Associated Press, 12/14/2001; Washington Post, 12/14/2004] However, the awards will come in for some criticism, as Tenet, CIA director on 9/11, wrongly believed Iraq had weapons of mass destruction (see December 21, 2002), Bremer disbanded the Iraqi army (see May 23, 2003), and Franks, responsible for the invasions of Afghanistan and Iraq, failed to assign enough troops to the hunt for Osama bin Laden, thereby enabling him to escape (see Late October-Early December 2001). [Washington Post, 12/14/2001] John McLaughlin, Tenet’s deputy director, will later say that Tenet “wishes he could give that damn medal back.” [New York Times, 10/2/2006] White House press secretary Scott McClellan will later write that this “well-intentioned gesture designed to create positive impressions of the war seemed to backfire.” Instead of holding these three accountable for their role in the deepening Iraq crisis, Bush hails them as heroes. McClellan will observe: “Wasn’t this supposed to be an administration that prided itself on results and believed in responsibility and accountability? If so, why the rush to hand out medals to people who had helped organize what was now looking like a badly botched, ill-conceived war?” [McClellan, 2008, pp. 250-251] David Wade, a spokesman for Senator John Kerry (D-MA), says, “My hunch is that George Bush wasn’t using the same standard when honoring Tenet and Bremer that was applied to previous honorees.” Previous recipients include human rights advocate Mother Teresa, civil rights icon Rosa Parks, and Pope John Paul II. Senator Carl Levin (D-MI) says he “would have reached a different conclusion” on Tenet. “I don’t think [he] served the president or the nation well.” [Associated Press, 12/14/2001] Reporter Steve Coll will later comment: “I presume that for President Bush, it was a signal that he wasn’t making Tenet a scapegoat. It would be the natural thing to do, right? You’ve seen this episode of ‘I, Claudius.’ You know, you put the knife in one side and the medal on the other side, and that’s politics.” And author James Bamford will say: “Tenet [retired], and kept his mouth shut about all the things that went on, about what kind of influence [Vice President Dick] Cheney might have had. They still have a CIA, but all the power is now with his team over at the Pentagon. They’re gathering more power every day in terms of intelligence. So largely, Cheney won.” [PBS Frontline, 6/20/2006] Author and media critic Frank Rich will later write: “The three medals were given to the men who had lost Osama bin Laden (General Tommy Franks), botched the Iraq occupation (Paul Bremer), and called prewar intelligence on Saddam’s WMDs a ‘slam dunk’ (George Tenet). That the bestowing of an exalted reward for high achievement on such incompetents incited little laughter was a measure of how much the administration, buoyed by reelection, still maintained control of its embattled but not yet dismantled triumphalist wartime narrative.” [Rich, 2006, pp. 158]

Entity Tags: John E. McLaughlin, Steve Coll, L. Paul Bremer, Scott McClellan, Thomas Franks, James Bamford, George W. Bush, John Kerry, Frank Rich, George J. Tenet, Carl Levin, David Wade

Timeline Tags: Iraq under US Occupation

Category Tags: Counterterrorism Policy/Politics

The Daily Telegraph reports that “the search for [bin Laden] the world’s most wanted man has all but come to a halt because of Pakistan’s refusal to permit cross-border raids from Afghanistan, according to CIA officials.” Even spy missions by unmanned Predator drones need Pakistani military approval involving a lengthy chain of command that frequently causes delays. Most accounts have bin Laden still alive and living in the near-lawless Pakistan and Afghanistan border region. US officials believe bin Laden and his deputies are being hidden by sympathetic local tribesmen, who are continuing to fund his operations from opium sales. [Daily Telegraph, 12/14/2004]

Entity Tags: Pakistan, Osama bin Laden

Timeline Tags: War in Afghanistan

Category Tags: Afghanistan, Counterterrorism Policy/Politics, Osama Bin Laden, Hunt for Bin Laden in Pakistan, Drone Use in Pakistan / Afghanistan

The Justice Department issues a 17-page memo which officially replaces the August 2002 memo (see August 1, 2002), which asserted that the president’s wartime powers supersede international anti-torture treaties and defined torture very narrowly, describing it as a tactic that produces pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” The new memo, authored by acting chief of the Office of Legal Counsel (OLC) and Acting Assistant Attorney General Daniel Levin, is ostensibly meant to deflect criticisms that the Bush administration condones torture. In fact, the very first sentence reads, “Torture is abhorrent both to American law and values and to international norms.” But the White House insists that the new memo does not represent a change in policy because the administration has always respected international laws prohibiting the mistreatment of prisoners. The primary concern of the new memo is to broaden the narrow definition of torture that had been used in the August memo. Levin adopts the definition of torture used in Congressional anti-torture laws, which says that torture is the infliction of physical suffering, “even if it does not involve severe physical pain.” But the pain must still be more than “mild and transitory,” the memo says. Like the original memo, Levin says that torture may include mental suffering. But to be considered so it would not have to last for months or years, as OLC lawyers Jay Bybee and John Yoo had asserted two years earlier. The most contested conclusions of the August 2002 memo—concerning the president’s wartime powers and potential legal defense for US personnel charged with war crimes—are not addressed in the Levin memo. “Consideration of the bounds of any such authority would be inconsistent with the president’s unequivocal directive that United States personnel not engage in torture,” the memo says. [US Department of Justice, 12/30/2004 pdf file; Associated Press, 12/31/2004]
National Security Not a Justification for Torture - The memo also attempts to quell concerns that the administration believes national security may be used as justification for tactics that could be considered as torture. It states, “[A] defendant’s motive (to protect national security, for example) is not relevant to the question whether he has acted with the requisite specific intent under the statute.” [US Department of Justice, 12/30/2004 pdf file]
Memo Divided White House Officials - Many in the White House opposed the issuance of the memo, but were rebuffed when other administration officials said the memo was necessary to ease the confirmation of Alberto Gonzales as Attorney General. [New York Times, 10/4/2007]
Torture Opponents Disappointed - Civil libertarians and opponents of torture within the Justice Department are sharply disappointed in the memo. While it gives a marginally less restrictive definition of the pain required to qualify as torture, and gives no legal defenses to anyone who might be charged with war crimes, it takes no position on the president’s authority to override interrogation laws and treaties, and finds that all the practices previously employed by the CIA and military interrogators were and are legal. Yoo will later write that “the differences in the opinions were for appearances’ sake. In the real world of interrogation policy, nothing had changed. The new opinion just reread the statute to deliberately blur the interpretation of torture as a short-term political maneuver in response to public criticism.” [Savage, 2007, pp. 196-197]
Secret Memo Will Allow Waterboarding; Dissidents Purged - A secret memo is completed a short time later that allows such torture techniques as waterboarding to be used again (see February 2005). The Levin memo triggers a department-wide “purge” of dissidents and torture opponents; some will resign voluntarily, while others will resign after being denied expected promotions. [Savage, 2007, pp. 197]

Entity Tags: Office of Legal Counsel (DOJ), Bush administration (43), Daniel Levin, Alberto R. Gonzales, Jay S. Bybee, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

Category Tags: High Value Detainees, Counterterrorism Policy/Politics

In 2005, the CIA gives President Bush a secret slide show updating him on the hunt for bin Laden. Bush is taken aback by the small number of CIA case officers posted to Afghanistan and Pakistan. A former intelligence officer will later tell Newsweek that Bush asks, “Is that all there are?” In fact, the CIA had recently doubled the number of officers in the area, but many are inexperienced and raw recruits. Most veteran officers are involved in the Iraq war instead. [Newsweek, 8/28/2007] However, rather than increase the staff working on bin Laden in response to Bush’s complaint, later in the year the CIA will close Alec Station, the unit hunting bin Laden (see Late 2005).

Entity Tags: George W. Bush, Central Intelligence Agency

Timeline Tags: War in Afghanistan

Category Tags: Afghanistan, Counterterrorism Action After 9/11, Counterterrorism Policy/Politics, Iraq War Impact on Counterterrorism, Hunt for Bin Laden in Pakistan

The US search for Osama bin Laden slows down for several years. According to an unnamed former Bush White House official speaking in 2011, “a little fatigue had set in” after a few years of mostly false leads. “We weren’t about to find him anytime soon. Publicly, we maintained a sense of urgency: ‘We’re looking as hard as we can.’ But the energy had gone out of the hunt. It had settled to no more than a second-tier issue. After all, those were the worst days of Iraq.” White House and CIA officials will later say that the war in Iraq and problems with Iran and North Korea took much attention from the search for bin Laden. Juan Zarate, President Bush’s deputy national security adviser for counterterrorism at this time, later says that few new leads emerge. “It was a very dark period.” [Washington Post, 5/6/2011] In December 2004, the Telegraph reported that the US search for bin Laden had essentially been abandoned (see December 14, 2004), and in late 2005, the CIA’s bin Laden unit is shut down (see Late 2005). There is a new push to get bin Laden, also in late 2005, but it has little effect (see Late 2005).

Entity Tags: Osama bin Laden, Juan Zarate, Bush administration (43)

Timeline Tags: War in Afghanistan

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

Blackwater stops work on a CIA program to assassinate and capture al-Qaeda leaders. Blackwater had been hired by the agency to work on the program at some time in 2004 (see 2004). However, according to the New York Times, its involvement ends “years before” Leon Panetta becomes CIA director in 2009 (see June 23, 2009). The reason for the termination is that CIA officials begin to question the wisdom of using outsiders in a targeted killing program. [New York Times, 8/20/2009]

Entity Tags: Blackwater USA, Central Intelligence Agency

Timeline Tags: Civil Liberties, War in Afghanistan

Category Tags: Counterterrorism Policy/Politics

By early 2005, Secretary of State Colin Powell, Deputy Secretary of State Richard Armitage, and CIA Director George Tenet have all resigned, leaving the Bush administration without any senior officials who have a close relationship with Pakistani President Pervez Musharraf. Previously, these three officials had been pressing Musharraf to take stronger action against the al-Qaeda and Taliban safe haven in Pakistan’s tribal region. With them gone, President Bush is the one who is supposed to raise the issue in regular phone calls to Musharraf. But in June 2008, two former US officials will say that the conversations backfire. Instead of demanding more action from Musharraf, Bush repeatedly thanks him for his contributions to the war on terrorism, actually reducing the pressure on him. One former official who saw transcripts of the conversations says, “He never pounded his fist on the table and said, ‘Pervez, you have to do this.’” The Bush administration will deny it failed to sufficiently pressure Musharraf. [New York Times, 6/30/2008]

Entity Tags: George J. Tenet, Colin Powell, Pervez Musharraf, George W. Bush, Richard Armitage

Category Tags: Pakistan and the ISI, Haven in Pakistan Tribal Region, Counterterrorism Policy/Politics

The Washington Post publishes a story revealing the existence of a previously unheard of covert operations unit called the Strategic Support Branch (SSB), or Project Icon. It conducts operations that had previously been done mainly by the CIA, and was set up in the weeks just after 9/11 (see October 2001-April 2002). [Washington Post, 1/23/2005] Members of the Senate Armed Services and Intelligence committees say they have never been aware of the unit’s existence until the Post expose. Sen. Dianne Feinstein calls for Senate Intelligence committee hearings into the matter, but no such hearings take place. The committees are only briefed by the military about the unit one day after the Post story. [CNN, 1/24/2005] One anonymous Republican member of Congress involved in national security oversight complains, “Operations the CIA runs have one set of restrictions and oversight, and the military has another. It sounds like there’s an angle here of, ‘Let’s get around having any oversight by having the military do something that normally the [CIA] does, and not tell anybody.’ That immediately raises all kinds of red flags for me. Why aren’t they telling us?” [Washington Post, 1/23/2005]

Entity Tags: Dianne Feinstein, US Department of Defense

Timeline Tags: US Military

Category Tags: Counterterrorism Policy/Politics

The Justice Department issues a secret opinion that countermands and contradicts the administration’s official policy that torture is “abhorrent” and will not be practiced by US military or law enforcement officials (see December 30, 2004). The secret opinion is, the New York Times writes two years later while publicly revealing its existence, “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency.” The opinion gives explicit authorization to abuse detainees with a combination of physical and psychological abuse, including head-slapping, stress positioning, simulated drowning (“waterboarding”), and prolonged exposure to intense cold. New attorney general Alberto Gonzales (see November 10, 2004) approves the memo over the objections of deputy attorney general James Comey, himself preparing to leave the Justice Department after a series of battles over the legality of torture and the domestic surveillance program (see March 10-12, 2004). Comey says at the time that everyone at the department will be “ashamed” of the new opinion once the world learns of it. [New York Times, 10/4/2007]

Entity Tags: US Department of Justice, Alberto R. Gonzales, Central Intelligence Agency, New York Times

Timeline Tags: Torture of US Captives, Civil Liberties

Category Tags: High Value Detainees, Counterterrorism Policy/Politics

Senior defense officials say that a preliminary study commissioned by the Pentagon has concluded that authority over the CIA’s paramilitary units should not be transferred to the Pentagon. The study, conducted by the Booz Allen Hamilton law firm in McLean, Virginia, reviewed the 9/11 commission’s recommendation that CIA paramilitary operations be consolidated under Special Operations Command in Tampa, Florida. Booz Allen Hamilton’s conclusions were based on a series of tabletop war games in which veteran CIA officers and Special Operations soldiers “explored how each agency’s paramilitary units would respond to different contingencies, including threats involving terrorists and weapons of mass destruction and missions to train indigenous fighters or gain control of ungoverned territory,” the Washington Post reports. A senior defense official familiar with the study tells the newspaper, “If you take the very small paramilitary capabilities away from the CIA, in my view, it would limit their ability to conduct foreign intelligence activities which they are required by law to do.” Furthermore, he adds, “we don’t have the legal authorities to be doing what the CIA does, so getting all those assets doesn’t make any sense.” [Washington Post, 2/5/2005]

Entity Tags: US Department of Defense, Booz Allen Hamilton, Central Intelligence Agency

Timeline Tags: US Military

Category Tags: Counterterrorism Policy/Politics

A meeting of tribesmen in Wana, South Waziristan, May 2004.A meeting of tribesmen in Wana, South Waziristan, May 2004. [Source: Kamran Wazir]The Pakistani government signs a little-noticed agreement with Baitullah Mahsud, the chieftain of the Mahsud tribe in South Waziristan. Waziristan is in the tribal region of Pakistan near the Afghanistan border, and numerous media accounts suggest that Osama bin Laden and other top al-Qaeda leaders may be hiding out there. The deal, signed in the town of Sararogha and known as the Sararogha peace pact, prohibits forces in South Waziristan led by Abdullah Mahsud, another member of the same tribe as Baitullah Mahsud, from attacking the Pakistani army and giving shelter to foreign terrorists. However, it does not prevent these forces from attacking US troops across the border in Afghanistan. It also does not require these forces to surrender or register foreign terrorists in Waziristan. Abdullah Mahsud is a wanted fugitive in Pakistan and has pledged his loyalty to Taliban leader Mullah Omar. But as part of the deal his forces are even given some money to repay debts owed to al-Qaeda-linked foreign militants. As a result of this deal, the Pakistan army soon leaves South Waziristan entirely. A similar deal will be made with North Waziristan in September 2006 (see September 5, 2006). The area becomes a Taliban base to attack US and NATO troops across the border in Afghanistan. The number of Taliban attacks there will rise from 1,600 in 2005 to more than 5,000 in 2006. [Asia Times, 5/4/2005; Levy and Scott-Clark, 2007, pp. 433] Abdullah Mahsud was held by the US in the Guantanamo prison from December 2001 to March 2004 (see March 2004). In July 2007, renewed fighting between the Pakistani army and tribal militants will cause the Waziristan truce to collapse (see July 11-Late July, 2007). He will blow himself up to avoid capture a few days after the truce ends. [New York Times, 7/25/2007] The CIA will later claim that Baitullah Mahsud was involved in the assassination of former Pakistani Prime Minister Benazir Bhutto in December 2007. [Washington Post, 1/18/2008]

Entity Tags: Baitullah Mahsud, Al-Qaeda, Abdullah Mahsud, Mullah Omar, Taliban

Timeline Tags: War in Afghanistan

Category Tags: Pakistan and the ISI, Haven in Pakistan Tribal Region, Afghanistan, Counterterrorism Policy/Politics

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

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

Timeline Tags: Civil Liberties, Iran-Contra Affair

Category Tags: Counterterrorism Policy/Politics

The New York Times reports that, according to current and former government officials, there is “widening unease within the Central Intelligence Agency over the possibility that career officers could be prosecuted or otherwise punished for their conduct during interrogations and detentions of terrorism suspects.” The conduct is questionable because it is said to amount to torture in some cases (see Mid-May 2002 and After, Shortly After September 6, 2006 and March 10-April 15, 2007). At this time, only one CIA contractor has been charged with a crime, after a prisoner died in Afghanistan. However, at least half a dozen other investigations by the Justice Department and the CIA’s Inspector General are ongoing, and involve actions in Afghanistan, Iraq, and possibly “black sites” in other countries. An official says, “There’s a lot more out there than has generally been recognized, and people at the agency are worried.” [New York Times, 2/27/2005] Apparently due to these fears, some officers purchase legal insurance policies. [ABC News, 12/15/2007]

Entity Tags: Central Intelligence Agency, US Department of Justice, Office of the Inspector General (CIA)

Category Tags: High Value Detainees, Counterterrorism Policy/Politics

US News and World Report publishes a cover story about FBI Director Robert Mueller’s attempts to reform his agency. Insiders say that the senior leadership tends to withhold bad news from Mueller. Says one anonymous FBI official, “[Mueller] is so isolated and shielded.” The article notes that there has been a “head-spinning exodus of top-tier executives - five officials have held the top counterterrorism job since 9/11; five others held the top computer job in 2002-2003 alone.” Mueller has reduced the autonomy of the field offices and centralized all major terrorism investigations at FBI headquarters. The 9/11 Commission in the 2004 final report had few recommendations on how to reform the FBI, largely leaving the issue to Mueller’s discretion. 9/11 Commissioner Timothy Roemer says that in retrospect, “[Mueller] knows how to play the system, how to play Congress, and he certainly worked the 9/11 Commission.” [US News and World Report, 3/28/2005]

Entity Tags: Federal Bureau of Investigation, Robert S. Mueller III, 9/11 Commission, Tim Roemer

Category Tags: Counterterrorism Policy/Politics

Gareth Peirce, who acted as solicitor for three of the men acquitted in the ricin plot trial (see April 8-12, 2004), says that “there was a great deal that this country was led to believe in that in part caused it to go to war on Iraq, erected on the basis of an alleged major conspiracy involving ricin.” He adds: “[W]ithin 48 hours, Porton Down knew that ricin had not been found. If enormous public concern and fear has been generated, then the responsibility clearly of the Government is to reassure people that it was in fact a false alarm, that no poisons were found. But at no stage has any public correction been made.” Kamal Bourgass’s lawyer, Michel Massih, dismisses the charges as “utter nonsense, complete and utter fantasy… one could simply buy weed killer or rat poison from a shop in Britain.” Bourgass received a life sentence for the murder of DC Stephen Oake (see June 29, 2004). Massih further states: “[I]t is around the time of the build-up to the war in the Middle East. You have a scenario which is almost begging for there to be something… then on January 8 this rubbish comes out. The lies Bourgass told the police were almost forced upon him… they were the lies of a seriously frightened man… fanciful, silly lies. Asked about a black bag discovered in the flat in which the recipes were hidden, Bourgass claimed he had found it in the street in Brixton. Asked why he had kept it, he replied ‘because I’m stupid.’ This was not a cunning plot; this man was knee-jerking.” Suggestions for Bourgass’s motives include poison forgery for hoax purposes and targeting of the Jewish community in north London. Although no motive was clearly established at trial, it was made clear that Bourgass had acted alone. [Guardian, 4/15/2004] Journalist Duncan Campbell of the Guardian, called as an expert witness during the trial, says of the affair: “[W]e have all been victims of this mass deception. I do not doubt that Bourgass would have contemplated causing harm if he was competent to do so. But he was an Islamist yobbo on his own, not an al-Qaeda-trained superterrorist. An ASBO [Anti-Social Behavior Order] might be appropriate.” [Guardian, 4/14/2005]

Entity Tags: Duncan Campbell, Michel Massih, Gareth Peirce, Kamal Bourgass

Category Tags: Londonistan - UK Counterterrorism, Counterterrorism Policy/Politics

British Home Secretary Charles Clarke apologizes for the government’s failure to deport Kamal Bourgass, alleged ricin plotter and convicted murderer of Detective Constable Stephen Oake (see January 7, 2003), who was wanted for immigration offenses. Clarke claims it proves the need for ID cards, but faces demands to explain why ministers failed to withdraw false claims that ricin was found in Bourgass’s flat. [Independent, 4/17/2005]

Entity Tags: Charles Clarke, Stephen Oake, Kamal Bourgass

Category Tags: Londonistan - UK Counterterrorism, Counterterrorism Policy/Politics

Author Gerald Posner has claimed that shortly after al-Qaeda leader Abu Zubaida was captured in late March 2002 (see March 28, 2002), he was tricked into thinking he had been handed over to the Saudis and then confessed high-level cooperation between al-Qaeda and the Saudi and Pakistani governments. Posner’s account has since been corroborated by New York Times journalist James Risen (see Early April 2002). In a 2005 book, Posner further alleges: “From conversations with investigators familiar with the [9/11 Commission’s] probe, the portions of Zubaida’s interrogation in which he named [Saudi and Pakistani connections] were not provided to the Commission. The CIA has even withheld [them] from the FBI, which is supposed to have access to all terror suspects’ questioning.” [Posner, 2005, pp. 14] There is some circumstantial evidence to support this. Aside from the alleged Saudi trickery, Zubaida reportedly confessed vital intelligence in late March and into April 2002, including the previously unknown fact that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks (see Late March through Early June, 2002). But footnotes from various 9/11 Commission reports indicate that the earliest Zubaida interrogation used by the Commission is from May 23, 2002, after a new CIA team had taken over his interrogation (see Mid-May 2002 and After). [9/11 Commission, 8/21/2004, pp. 65 pdf file] Hundreds of hours of Zubaida’s interrogation sessions have been videotaped by the CIA, but these videotapes will be destroyed by the CIA in 2005 under controversial circumstances (see November 2005).

Entity Tags: Gerald Posner, Abu Zubaida, Central Intelligence Agency, Federal Bureau of Investigation, 9/11 Commission

Timeline Tags: Torture of US Captives

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

Jay Rockefeller.Jay Rockefeller. [Source: US Senate]Ranking member of the Senate Intelligence Committee Jay Rockefeller (D-WV) requests “over a hundred documents” from the CIA’s Inspector General. The documents are referenced in or pertain to a report the Inspector General drafted in May 2004 about the CIA’s detention and interrogation activities. Rockefeller also requests a report drafted by the CIA’s Office of General Counsel (see 2003) on the examination of videotapes of detainee interrogations stating whether the techniques they show comply with an August 2002 Justice Department opinion on interrogation (see August 1, 2002). However, the CIA refuses to provide these documents, as well as others, even after a second request is sent to CIA Director Porter Goss in September 2005. [US Congress, 12/7/2007] The videotapes Rockefeller is asking about will be destroyed by the CIA just two months after his second request (see November 2005).

Entity Tags: Senate Intelligence Committee, John D. Rockefeller, Office of the Inspector General (CIA), Central Intelligence Agency, Porter J. Goss

Timeline Tags: Torture of US Captives, Civil Liberties

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

Ali Soufan.Ali Soufan. [Source: CBS News]Ali Soufan resigns from the FBI. As an Arabic-speaking Muslim who joined the FBI long before 9/11 (see November 1997), Soufan has become one of the FBI’s best interrogators and experts on al-Qaeda. However, in a 2011 book, he will claim that he grew increasingly frustrated due to the CIA’s opposition to his work. “It was… clear that some high-level people at the time were specifically targeting me—I was told that by more than a few FBI executives and CIA colleagues,” he will write. “Ever since I had been interviewed by the 9/11 Commission, I was a marked man.” In 2004, Soufan gave information to the 9/11 Commission that made the CIA look bad. He will claim there were instances when the FBI wanted him to go overseas as part of an investigation but the CIA tried to prevent him from doing so. [Soufan, 2011, pp. 515-517, 522-523]

Entity Tags: Federal Bureau of Investigation, Ali Soufan, Central Intelligence Agency

Category Tags: Counterterrorism Policy/Politics

Director of National Intelligence John Negroponte meets CIA Director Porter Goss to discuss what to do with tapes of CIA interrogations that apparently show controversial techniques (see Spring-Late 2002). Negroponte “strongly advise[s]” Goss that the tapes should not be destroyed and this opinion is documented in a memo drafted about the meeting. Despite this and warnings from other legislators and officials not to destroy the tapes (see November 2005), the CIA will destroy them a few months later (see November 2005). It is unclear whether the CIA manager that orders their destruction, Jose Rodriguez, is aware of this meeting and the memo. [Newsweek, 12/24/2007]

Entity Tags: Jose Rodriguez, Jr., Central Intelligence Agency, John Negroponte, Porter J. Goss

Timeline Tags: Torture of US Captives

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

Henry Kennedy.Henry Kennedy. [Source: District Court for the District of Columbia]In June 2005, US District Judge Henry Kennedy orders the Bush administration to safeguard “all evidence and information regarding the torture, mistreatment, and abuse of detainees now at the United States Naval Base at Guantanamo Bay.” US District Judge Gladys Kessler issued a nearly identical order one month later. Later that year, the CIA will destroy videotapes of the interrogation and possible torture of high-ranking al-Qaeda detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see November 2005). In 2005, Zubaida and al-Nashiri are not being held at the Guantanamo prison, but at secret CIA prisons overseas. But while evidence of torture of Zubaida and al-Nashiri is not directly covered by the orders, it may well be indirectly covered. David Remes, a lawyer for some of the Guantanamo detainees, will later claim, “It is still unlawful for the government to destroy evidence, and it had every reason to believe that these interrogation records would be relevant to pending litigation concerning our client.” In January 2005, Assistant Attorney General Peter Keisler assured Kennedy that government officials were “well aware of their obligation not to destroy evidence that may be relevant in pending litigation.” [Associated Press, 12/12/2007] In some court proceedings, prosecutors have used evidence gained from the interrogation of Zubaida to justify the continued detention of some Guantanamo detainees. Scott Horton writing for Harper’s magazine will later comment that “in these trials, a defendant can seek to exclude evidence if it was secured through torture. But the defendant has an obligation to prove this contention. The [destroyed videotapes] would have provided such proof.” [Harper's, 12/15/2007]

Entity Tags: Peter Keisler, Henry H. Kennedy Jr., David Remes, Abd al-Rahim al-Nashiri, Gladys Kessler, Abu Zubaida

Timeline Tags: Torture of US Captives

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

A Justice Department review of the FBI’s Terrorist Screening Center discovers that the terrorist watch list used to screen people entering the US is based on incomplete and inaccurate information. The report also criticizes the poor technical performance of the facility. In the report, Inspector General Glenn Fine writes, “While the [Terrorist Screening Database] is constantly evolving, we found that the management of its information technology, a critical part of the terrorist screening process, has been deficient.” The Justice Department also warns that missing or duplicate information hinders the usefulness of the lists. Fine states that: “We found instances where the consolidated database did not contain names that should have been included on the watch list. In addition, we found inaccurate information related to persons included in the database.” [The Register, 6/14/2005] The problems will not be corrected by 2006 (see March 2006).

Entity Tags: Glenn Fine, Federal Bureau of Investigation, Terrorist Screening Center, US Department of Justice

Timeline Tags: Civil Liberties

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

Asked if he has a good idea where Osama bin Laden is hiding, CIA Director Porter Goss replies: “I have an excellent idea of where he is. What’s the next question?” Although he doesn’t mention the country, Goss implies he is referring to Pakistan. He mentions the “very difficult question of dealing with sanctuaries in sovereign states,” which appears to be a diplomatic way of referring to the tribal region of Pakistan, where many believe bin Laden is located. [BBC, 6/20/2005] Vice President Dick Cheney will make a similar comment several days later (see June 23, 2005).

Entity Tags: Osama bin Laden, Porter J. Goss, Pakistan

Timeline Tags: War in Afghanistan

Category Tags: Osama Bin Laden, Haven in Pakistan Tribal Region, Hunt for Bin Laden in Pakistan, Counterterrorism Policy/Politics

Vice President Dick Cheney says about Osama bin Laden, “We’ve got a pretty good idea of a general area that he’s in, but I—I don’t have the street address.” [CNN, 6/23/2005] His comments come shortly after CIA Director Porter Goss’s comment that he has an “excellent idea” where bin Laden is (see June 19, 2005).

Entity Tags: Osama bin Laden, Richard (“Dick”) Cheney, Porter J. Goss

Category Tags: Osama Bin Laden, Hunt for Bin Laden in Pakistan, Counterterrorism Policy/Politics

Asked on NBC’s Meet the Press if the US is “capturing, killing, or deterring and dissuading more terrorists every day” than are being created, Defense Secretary Rumsfeld replies, “Tough to know. I don’t know the answer to the question.” [Meet the Press, 6/26/2005] Rumsfeld asked essentially the same question to his aides in a 2003 memo (see October 16, 2003). 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: Donald Rumsfeld

Category Tags: Counterterrorism Policy/Politics

John Yoo, a law professor at UC Berkeley who worked in the Justice Department and provided legal justification for some of Bush’s policies after 9/11 ( see September 25, 2001), suggests some provocative ideas in a Los Angeles Times editorial. He argues the US should go on the offensive against al-Qaeda, having “our intelligence agencies create a false terrorist organization. It could have its own websites, recruitment centers, training camps, and fundraising operations. It could launch fake terrorist operations and claim credit for real terrorist strikes, helping to sow confusion within al-Qaeda’s ranks, causing operatives to doubt others’ identities and to question the validity of communications.” [Los Angeles Times, 7/13/2005]

Entity Tags: John C. Yoo

Timeline Tags: Alleged Use of False Flag Attacks

Category Tags: Counterterrorism Policy/Politics

The outgoing Saudi ambassador to Britain, Prince Turki al-Faisal, criticizes the Blair government over its lack of response to terrorism and says that MI5 is hampering efforts to clamp down. Prince Turki describes his experience: “When you call somebody, he says it is the other guy. If you talk to the security people, they say it is the politicians’ fault. If you talk to the politicians, they say it is the Crown Prosecution Service. If you call the Crown Prosecution service, they say, no, it is MI5. So we have been in this runaround…” Turki particularly criticizes the government’s failure to act against Saad al-Fagih of the movement for Islamic Reform in Arabia and Mohammed al-Massari. Al-Fagih is accused of being involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998) and a plot to assassinate King Abdullah of Saudi Arabia. [London Times, 8/10/2005]

Entity Tags: Turki al-Faisal, UK Security Service (MI5), Mohammed al-Massari, Saad al-Fagih

Category Tags: Saudi Arabia, Londonistan - UK Counterterrorism, Counterterrorism Policy/Politics

Prince Bandar, Saudi ambassador to the US since 1983, steps down and is replaced by Prince Turki al-Faisal. It is said that Prince Bandar had been suffering health problems and is not close to the new Saudi King Abdullah (see August 1, 2005). Prince Turki was Saudi intelligence minister from the late 1970s until about one week before 9/11 (see August 31, 2001). Then he served three years as Saudi ambassador to Britain. Prince Turki has had a controversial past. He was considered a mentor to bin Laden, and encouraged him to represent Saudi Arabia in the Afghanistan war against the Soviet Union. There are allegations that Prince Turki took part in a series of secret meetings between bin Laden and the Saudis over a period of many years (see Summer 1991; May 1996; Spring 1998; June 1998; July 1998; July 4-14, 2001). There are also allegations that he went falcon hunting in Afghanistan with bin Laden during much of the 1990s (see 1995-2001). In the wake of his appointment as ambassador, US officials try to downplay his past. One unnamed US official says, “Yes, he knew members of al-Qaeda. Yes, he talked to the Taliban. At times he delivered messages to us and from us regarding Osama bin Laden and others. Yes, he had links that in this day and age would be considered problematic, but at the time we used those links.” The official adds that Prince Turki seems to have “gotten out of that business” since 2001 and “he understands that times have changed.” He was sued in 2002 by a group of 9/11 victims’ relatives for allegedly supporting al-Qaeda, but his name was dropped from the suit because of diplomatic immunity (see August 15, 2002). [New York Times, 7/21/2005]

Entity Tags: Osama bin Laden, Bandar bin Sultan, Al-Qaeda, Turki al-Faisal

Category Tags: Saudi Arabia, Counterterrorism Policy/Politics

The FBI begins to build cases against high value detainees held by the US in Guantanamo Bay, due to Defense Department fears that evidence obtained from the detainees by the CIA will be inadmissible or too controversial to present at their upcoming war crimes tribunals. The investigation, which involves up to 300 agents in a “Guantanamo task force,” runs for at least two years and FBI agents travel widely to collect evidence. According to former officials and legal experts, “The [FBI] process is an embarrassment for the Bush administration, which for years held the men incommunicado overseas and allowed the CIA to use coercive means to extract information from them that would not be admissible in a US court of law—and might not be allowed in their military commissions….” In fact, the techniques used to extract the confessions even cause some CIA officials to question whether they are believable, much less sustainable in court, particularly as CIA officers are not trained to obtain evidence that can be used in such a setting. In addition, if the information is used, this may focus the trials on the actions of the CIA and not the accused. The detainees will be designated enemy combatants in 2007 in preparation for military commissions (see March 9-April 28, 2007 and August 9, 2007), but this process will be questioned by a judge (see June 4, 2007). The Los Angeles Times will also comment, “The FBI’s efforts appear in part to be a hedge in case the commissions are ruled unconstitutional or never occur, or the US military detention center at Guantanamo Bay is closed. Under those scenarios, authorities would have to free the detainees, transfer them to military custody elsewhere, send them to another country, or have enough evidence gathered by law enforcement officials to charge them with terrorism in US federal courts.” [Los Angeles Times, 10/21/2007]

Entity Tags: Central Intelligence Agency, Federal Bureau of Investigation, US Department of Defense

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

Category Tags: FBI 9/11 Investigation, High Value Detainees, Counterterrorism Policy/Politics, 9/11 Investigations

In a speech, President Bush lists ten terrorist plots the US has supposedly foiled since 9/11, as well as five “casings and infiltrations.” Here are the plots, exactly as they are described in a White House press release, rearranged into a rough chronological order:
West Coast Airliner Plot - In mid-2002 the US disrupted a plot to attack targets on the West Coast of the United States using hijacked airplanes. The plotters included at least one major operational planner involved in planning the events of 9/11.
Jose Padilla Plot - In May 2002 the US disrupted a plot that involved blowing up apartment buildings in the United States. One of the plotters, Jose Padilla, also discussed the possibility of using a “dirty bomb” in the US.
2002 Straits of Hormuz Plot - In 2002 the US and partners disrupted a plot to attack ships transiting the Straits of Hormuz.
2002 Arabian Gulf Shipping Plot - In late 2002 and 2003 the US and a partner nation disrupted a plot by al-Qaeda operatives to attack ships in the Arabian Gulf.
2003 Karachi Plot - In the spring of 2003 the US and a partner disrupted a plot to attack Westerners at several targets in Karachi, Pakistan.
East Coast Airliner Plot - In mid-2003 the US and a partner disrupted a plot to attack targets on the East Coast of the United States using hijacked commercial airplanes.
2003 Tourist Site Plot - In 2003 the US and a partner nation disrupted a plot to attack a tourist site outside the United States.
Heathrow Airport Plot - In 2003 the US and several partners disrupted a plot to attack Heathrow Airport using hijacked commercial airliners. The planning for this attack was undertaken by a major 9/11 operational figure.
2004 UK Plot - In the spring of 2004 the US and partners, using a combination of law enforcement and intelligence resources, disrupted a plot to conduct large-scale bombings in [Britain].
2004 [British] Urban Targets Plot - In mid-2004 the US and partners disrupted a plot that involved urban targets in [Britain]. These plots involved using explosives against a variety of sites.
Here are the five additional “casings and infiltrations”:
2001 Tasking - In 2001, al-Qaeda sent an individual to facilitate post-September 11 attacks in the US. US law enforcement authorities arrested the individual.
2003 Tasking - In 2003, an individual was tasked by an al-Qaeda leader to conduct reconnaissance on populated areas in the US.
Gas Station Tasking - In approximately 2003, an individual was tasked to collect targeting information on US gas stations and their support mechanisms on behalf of a senior al-Qaeda planner.
Iyman Faris and the Brooklyn Bridge - In 2003, and in conjunction with a partner nation, the US government arrested and prosecuted Iyman Faris, who was exploring the destruction of the Brooklyn Bridge in New York. Faris ultimately pleaded guilty to providing material support to al-Qaeda and is now in a federal correctional institution.
US Government & Tourist Sites Tasking - In 2003 and 2004, an individual was tasked by al-Qaeda to case important US Government and tourist targets within the United States. [White House, 10/6/2005]
However, later in the month the Washington Post publishes a story questioning the importance of most of these plots. The article states that the plot list “has confused counterterrorism experts and officials, who say they cannot distinguish between the importance of some incidents on the list and others that were left off. Intelligence officials who spoke on the condition of anonymity said the White House overstated the gravity of the plots by saying that they had been foiled, when most were far from ready to be executed. Others noted that the nation’s color-coded threat index was not raised from yellow, or ‘elevated’ risk of attack, to orange, or ‘high’ risk, for most of the time covered by the incidents on the list.” An anonymous former CIA counterterrorism official tells the Post that Bush made it “sound like well-hatched plans… I don’t think they fall into that category.” Another anonymous counterterrorism official says, “We don’t know how they came to the conclusions they came to… It’s safe to say that most of the [intelligence] community doesn’t think [the list is] worth very much.” [Washington Post, 10/23/2005]

Entity Tags: Al-Qaeda, Bush administration (43), George W. Bush

Category Tags: Alleged Al-Qaeda Linked Attacks, Counterterrorism Policy/Politics

John Rizzo.John Rizzo. [Source: C-SPAN]Guidance is issued by CIA lawyers Robert Eatinger and Steven Hermes to the CIA’s National Clandestine Service (NCS) on the preservation of videotapes of detainee interrogations made by the CIA. [New York Times, 12/19/2007] The guidance is apparently used as justification for the tapes’ destruction (see November 2005), but its content is unclear. According to one account, “Lawyers within the clandestine branch of the Central Intelligence Agency gave written approval in advance to the destruction in 2005 of hundreds of hours of videotapes documenting interrogations of two lieutenants from al-Qaeda.” [New York Times, 12/11/2007] Another account supports this, saying the lawyers give “written guidance to [CIA manager Jose] Rodriguez that he had the authority to destroy the tapes and that the destruction would violate no laws.” [New York Times, 12/19/2007] However, according to another account: “[The guidance] advises that there is no explicit legal reason why the Clandestine Service had to preserve the tapes… The document does not, however, directly authorize the tapes’ destruction or offer advice on the wisdom or folly of such a course of action.” [Newsweek, 12/11/2007] Some CIA videotapes have been requested for court proceedings, meaning such tapes should not be destroyed, but it is unclear if the tapes that are destroyed in November 2005 have been requested by courts or not (see May 7-9, 2003 and November 3-14, 2005). The CIA’s top lawyer, John Rizzo, is not asked for an opinion, although he has been involved in discussions about what to do with the tapes for years and several high-ranking officials and legislators are of the opinion that the tapes should not be destroyed (see November 2005). [New York Times, 12/11/2007] Eatinger and Hermes apparently inform Rizzo they have issued the guidance and expect Rodriguez will consult him before destroying the tapes, but Rodriguez does not do so. [New York Times, 12/19/2007] The New York Times will comment, “It is unclear what weight an opinion from a lawyer within the clandestine service would have if it were not formally approved by Mr. Rizzo. But [an anonymous former official] said Mr. Rodriguez and others in the clandestine branch believed the legal judgment gave them the blessing to destroy the tapes.” The former official will also say they “didn’t need to ask Rizzo’s permission.” [New York Times, 12/11/2007] A lawyer acting for Rodriguez will later say, “He had a green light to destroy them.” [New York Times, 12/19/2007] However, other former CIA officers will express surprise that a lawyer junior to Rizzo would approve such a controversial decision without asking for his input. Former CIA lawyer John Radsan will say, “I’d be surprised that even the chief [NCS] lawyer made a decision of that magnitude without bringing the General Counsel’s front office into the loop.” He adds, “Although unlikely, it is conceivable that once a CIA officer got the answer he wanted from a [NCS] lawyer, he acted on that advice… But a streamlined process like that would have been risky for both the officer and the [NCS] lawyer.” [New York Times, 12/11/2007]

Entity Tags: Robert Eatinger, National Clandestine Service, Jose Rodriguez, Jr., Steven Hermes, John Radsan, Central Intelligence Agency, John Rizzo, Directorate of Operations

Timeline Tags: Torture of US Captives, Civil Liberties

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

A local newspaper claims this is the CIA prison in Mauritania.A local newspaper claims this is the CIA prison in Mauritania. [Source: Le Rénovateur Quotidien]Most top al-Qaeda leaders being held by the US has been in a secret CIA prison in Poland. But after the nonprofit watchdog group Human Rights Watch discloses the existence of the prisons, the prisoners are moved to a new CIA prison located in the North African nation of Mauritania. The New Yorker will report that “After a new government friendly to the US took power, in a bloodless coup d’état in August, 2005… it was much easier for the intelligence community to mask secret flights there.” [New Yorker, 6/17/2007] A Mauritanian newspaper places the prison at Ichemmimène, a town deep in the Sahara desert. [Le Rénovateur Quotidien, 6/29/2007] ABC News lists eleven prisoners making the move:
bullet Abu Zubaida (held in Thailand then Poland).
bullet Abd al-Rahim al-Nashiri (held in Poland).
bullet Ramzi bin al-Shibh (held in Poland).
bullet Khalid Shaikh Mohammed (held in Poland).
bullet Khallad bin Attash (held in Poland).
bullet Ahmed Khalfan Ghailani (held in Poland).
bullet Hassan Ghul (held in Poland).
bullet Abdul Rahim al-Sharqawi (held in Poland).
bullet Mohammed Omar Abdul-Rahman (held in Poland).
bullet Ibn al-Shaykh al-Libi (held in Pakistan then Poland).
Further, Hambali is a high level prisoner in US custody but he is being held elsewhere. [ABC News, 12/5/2005; ABC News, 12/5/2005] In 2007 Council of Europe, the European human rights monitoring agency, will reveal that the main CIA prison for high-level prisoners was in a Soviet-era military compound at Stare Kjekuty, in northeastern Poland. Lower-level prisoners from Afghanistan and Iraq were held in a military base near the Black Sea in Romania. The governments of Poland and Romania will continue to deny the existence of the prisons even after the US government admits to their existence. [New York Times, 6/8/2007] Eleven of the twelve prisoners mentioned above were subjected to the so-called “enhanced interrogation techniques” called torture by many. In 2006, Bush will announce that the CIA prisons are being emptied and high level prisoners will be transferred to the prison at Guantanamo Bay, Cuba (see September 2-3, 2006).
Some 'Ghost' Prisoners - But the list of prisoners being transferred will include some other names and will not include al-Shaykh al-Libi, Ghul, al-Sharqawi, or Abdul-Rahman. It will later come out that al-Sharqawi was probably sent to Guantanamo in late 2004 after being held in a Jordanian prison (see February 7, 2002). Ghul is a ‘ghost’ prisoner until he is turned over to the Pakistani government in 2006 (see (Mid-2006)). Al-Libi is similarly turned over to Libya (see Between November 2005 and September 2006). The fate of Abdul-Rahman remains unknown. [ABC News, 12/5/2005]

Entity Tags: Khallad bin Attash, Ramzi bin al-Shibh, Khalid Shaikh Mohammed, Central Intelligence Agency, Hambali, Abd al-Rahim al-Nashiri, Ibn al-Shaykh al-Libi, Abdul Rahim al-Sharqawi, Ahmed Khalfan Ghailani, Abu Zubaida, Mohammed Omar Abdul-Rahman

Timeline Tags: Torture of US Captives

Category Tags: High Value Detainees, Abu Zubaida, Counterterrorism Policy/Politics, Khalid Shaikh Mohammed, Ramzi Bin Al-Shibh

By November 2005, when the CIA destroys videotapes of the interrogations of al-Qaeda leaders Abu Zubaida and Abd al-Rahim al-Nashiri (see November 2005), there are numerous reasons to not destroy them, some of them possibly legal requirements. [New York Times, 12/8/2007]
bullet In February 2003, Porter Goss, chairman of the House Intelligence Committee in 2003, Congressperson Jane Harman, the top Democrat on the committee, requested that the videotapes be preserved (see February 2003).
bullet Beginning in 2003 and continuing through 2005, White House officials, including White House deputy chief of staff Harriet Miers, requested that the videotapes be preserved (see Between 2003-Late 2005).
bullet In 2003, Justice Department lawyers also advised the CIA to preserve the videotapes (see 2003).
bullet Beginning in 2003, lawyers in the Zacarias Moussaoui trial have requested access to evidence of interrogations of al-Qaeda leaders like Zubaida. The CIA twice misinformed the judge in the trial about the existence of the videotapes (see May 7-9, 2003 and November 3-14, 2005). The trial will not be concluded until mid-2006 (see May 3, 2006).
bullet In September 2004, a judge rules the CIA has to preserve all records about the treatment of detainees overseas, as part of a lawsuit filed by the American Civil Liberties Union. The videotapes of Zubaida and al-Nashiri would clearly qualify, since both are held overseas (see September 15, 2004).
bullet Beginning in May 2005, Sen. Jay Rockefeller of the Senate Intelligence Committee asked the CIA to preserve over 100 documents about the CIA interrogation program. One of the documents requested is a report about the videotapes of interrogations and their possible illegality (see May-September 2005).
bullet In June and July 2005, two judges ordered the CIA to preserve all evidence relevant to detainees being held in Guantanamo prison. The interrogation videotapes are indirectly relevant because the cases of some detainees hinge on their alleged ties to Zubaida (see June-July 2005).
bullet In the summer of 2005, Director of National Intelligence John Negroponte met with CIA Director Porter Goss and “strongly advised” him not to allow the videotapes to be destroyed (see Summer 2005).
bullet The videotapes are also needed for a trial of Jose Padilla, who is indicted in November 2005 (see November 22, 2005).
An unnamed official familiar with the case will comment, “Everybody from the top on down told them not to do it and still they went ahead and did it anyway.” [Los Angeles Times, 12/9/2007] Despite this, many later reports will indicate that the National Clandestine Service (NCS), the CIA unit that takes the decision to destroy the tapes, believes the advice about their destruction is ambiguous. NCS head Jose Rodriguez will be said to feel he never gets a straight answer to the question of whether the tapes should be destroyed, despite extensive correspondence about the issue at the CIA. [Newsweek, 12/11/2007; Newsweek, 12/24/2007] A former intelligence official will say, “They never told us, ‘Hell, no.’ If somebody had said, ‘You cannot destroy them,’ we would not have destroyed them.” [New York Times, 12/11/2007]

Entity Tags: Central Intelligence Agency, Jose Rodriguez, Jr., Abd al-Rahim al-Nashiri, Abu Zubaida, National Clandestine Service

Timeline Tags: Torture of US Captives, Civil Liberties

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

The chief of the CIA’s station in Bangkok, Michael Winograd, submits a request that he be allowed to destroy tapes of detainee interrogations. The tapes were made in 2002 in Thailand and show “enhanced techniques,” including waterboarding, being used on high-ranking al-Qaeda detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002). The tapes have been in Winograd’s safe for the last three years, and it is reported that Winograd wants to resolve the matter now, because he is to retire. However, the story of the CIA’s “black sites” and possible torture of detainees breaks this month (see November 2-18, 2005). The request is submitted to CIA counterterrorism manager Jose Rodriguez, who will agree to it (see November 2005), despite the CIA being advised to the contrary (see November 2005). [Washington Post, 1/16/2008; Associated Press, 7/26/2010]

Entity Tags: Michael K. Winograd, CIA Bangkok Station, Central Intelligence Agency, Jose Rodriguez, Jr.

Timeline Tags: Torture of US Captives

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

Some time between when al-Qaeda leader Ibn al-Shaykh al-Libi is moved to a prison in Mauritania in November 2005 (see November 2005) and September 2006 when most imprisoned al-Qaeda leaders are transferred to Guantanamo (see September 2-3, 2006), al-Libi disappears from known US custody. Al-Libi was captured in late 2001 and confessed that the Iraqi government helped train al-Qaeda in chemical and biological weapons (see January 2002 and After). In 2004, he recanted his confession amid allegations that he was brutally tortured, and the CIA later determined his Iraq allegations were untrue (see February 14, 2004). In May 2007, a group of Democratic Congresspeople will write President Bush, asking if al-Libi was tortured and/or renditioned to Egypt to be tortured, and also asking, “Where is al-Libi today?” Human-rights groups and others suspect the Bush administration is hiding al-Libi and concealing key information about him because of the potential political and legal ramifications about his torture, as well as his false confession that helped lead to war with Iraq. While the White House has yet to respond to queries about al-Libi, Newsweek will later claim that al-Libi, a Libyan, has been quietly returned to Libya and is being secretly imprisoned there. He is reportedly extremely ill with tuberculosis and diabetes. It is said the Libyan government has kept silent about holding al-Libi as a favor to the Bush administration, to help avoid more public scrutiny about him. [Newsweek, 5/29/2007]

Entity Tags: Libya, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives

Category Tags: High Value Detainees, Counterterrorism Policy/Politics

The Central Intelligence Agency destroys videotapes of the interrogations of two high-ranking detainees, Abu Zubaida and Abd al-Rahim al-Nashiri, which were made in 2002 (see Spring-Late 2002). One anonymous senior intelligence official later claims that “Several hundred hours” of videotapes are destroyed. [Washington Post, 12/18/2007] The tapes are destroyed at the CIA station in Thailand by station chief Michael Winograd, as Zubaida and al-Nashiri apparently were tortured at a secret CIA prison in that country. [Newsweek, 6/28/2008; Associated Press, 7/26/2010] The decision to destroy the tapes is apparently made by Jose Rodriguez, chief of the CIA’s Directorate of Operations, despite previous advice not to destroy them (see November 2005). However, some accounts will suggest that Rodriguez received clearance to destroy the tapes (see December 7, 2007). [New York Times, 12/8/2007] The CIA’s treatment of detainees has recently come under increased scrutiny. As the Wall Street Journal will later remark, “the Abu Ghraib prison pictures were still fresh, the existence of secret CIA prisons had just been revealed, and politicians on Capitol Hill were talking about curtailing ‘extreme techniques,’ including the Central Intelligence Agency’s own interrogation tactics.” [Wall Street Journal, 12/10/2007] Beginning on November 2, 2005, there are some pivotal articles revealing details about the CIA’s handling of detainees, suggesting that some of them were illegally tortured (see November 2-18, 2005). According to a 2007 statement by future CIA Director Michael Hayden, the tapes are destroyed “in the absence of any legal or internal reason to keep them” and because they apparently pose “a serious security risk”; if they were leaked, they could be used for retaliation by al-Qaeda and its sympathizers. [Central Intelligence Agency, 12/6/2007] However, this rationale will be questioned when the destruction is revealed in late 2007 (see December 6, 2007). Senator Carl Levin (D-MI) will call this “a pathetic excuse.… You’d have to burn every document at the CIA that has the identity of an agent on it under that theory.” CBS News will offer an alternative explanation, saying that the tapes are destroyed “to protect CIA officers from criminal prosecution.” [CBS News, 12/7/2007] CIA Director Porter Goss and the CIA’s top lawyer, John Rizzo, are allegedly not notified of the destruction in advance, and Rizzo will reportedly be angry at this failure. [New York Times, 12/8/2007] But Newsweek will later claim that Goss and Rizzo were involved in extensive discussions with the White House over what to do with the tapes. Goss supposedly thought there was an understanding the tapes would be saved and is upset to learn they have been destroyed (see Between 2003-Late 2005 and Before November 2005). [Newsweek, 12/11/2007] Congressional officials responsible for oversight are not informed for a year (see March 14, 2007). A White House spokeswoman will say that President Bush has “no recollection” of being made aware of the tapes’ destruction before 2007 (see December 11, 2007). It is also unclear whether the Justice Department is notified in advance or not. [New York Times, 12/8/2007] The CIA still retains tapes of interrogations of at least one detainee (see September 19 and October 18, 2007).

Entity Tags: Abd al-Rahim al-Nashiri, Abu Zubaida, Jose Rodriguez, Jr., CIA Bangkok Station, John Rizzo, Porter J. Goss, Michael K. Winograd, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Civil Liberties

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

Following a request that the CIA be exempted from a US ban on torture, claims about alleged CIA mistreatment of prisoners begin to appear in the media, apparently fueled by CIA employees unhappy with the practices the CIA is employing. On November 2, the Washington Post reveals information about the CIA’s network of secret prisons, including facilities in Europe, which is kept secret from “nearly all members of Congress charged with overseeing the CIA’s covert actions.” The rationale for the policy is that the CIA apparently needs to hold people without the restrictions imposed by the US legal system, in order to keep the country safe. Detainees are said to be tortured, and this is not only questionable under US law, but, in some cases, against the law of the host country. [Washington Post, 11/2/2005] On November 9, the New York Times reveals that in 2004, the CIA’s Inspector General secretly concluded that the CIA’s aggressive interrogation techniques in use up until that time were likely in violation of a 1994 international treaty against torture signed by the US (see May 7, 2004). [New York Times, 11/9/2005] After the network is revealed, there is much interest in what actually goes on in it and more important details are uncovered by ABC News on November 18. Apparently, the CIA’s interrogation techniques have led to the death of one detainee and include sleep deprivation, physical violence, waterboarding, and leaving prisoners in cold cells (see Mid-March 2002). The intelligence generated by these techniques is said to be questionable, and one source says: “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear.” [ABC News, 11/18/2005] Some videotapes of CIA interrogations of detainees are destroyed this same month, although what date this happens exactly is unclear (see November 2005). The CIA is also so alarmed by these revelations that it immediately closes its secret prisons in Eastern Europe and opens a new one in a remote section of the Sahara desert (see 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

Larry Wilkerson, the former chief of staff to former Secretary of State Colin Powell, says that he has seen documents that show a “visible audit trail” that links the practice of abuse and torture of prisoners by US soldiers directly back to the office of Vice President Dick Cheney. “There’s no question in my mind,” he says, “where the philosophical guidance and the flexibility in order to [torture prisoners] originated—in the vice president of the United States’ office.” Wilkerson, while in Powell’s office, had access to a raft of documents concerning the allegations of prisoner abuse. He says that Cheney and Defense Secretary Donald Rumsfeld led a quiet push to deny prisoners Geneva Convention protections. According to Wilkerson, Cheney’s then-chief counsel, David Addington (now Cheney’s chief of staff—see October 28, 2005), helped begin the process. Addington “was a staunch advocate of allowing the president in his capacity as commander in chief to deviate from the Geneva Conventions.” Cheney, Rumsfeld, Addington, and others “began to authorize procedures within the armed forces that led to, in my view, what we’ve seen,” Wilkerson says. The Pentagon’s contentions that such prisoner abuses, particularly at Abu Ghraib, were limited to a few soldiers of low rank are false, he says: “I’m privy to the paperwork, both classified and unclassified, that the secretary of state asked me to assemble on how this all got started, what the audit trail was, and when I began to assemble this paperwork, which I no longer have access to, it was clear to me that there was a visible audit trail from the vice president’s office through the secretary of defense down to the commanders in the field that in carefully couched terms—I’ll give you that—that to a soldier in the field meant two things: We’re not getting enough good intelligence and you need to get that evidence, and, oh, by the way, here’s some ways you probably can get it. And even some of the ways that they detailed were not in accordance with the spirit of the Geneva Conventions and the law of war. You just—if you’re a military man, you know that you just don’t do these sorts of things because once you give just the slightest bit of leeway, there are those in the armed forces who will take advantage of that.” [Washington Post, 11/4/2005; Savage, 2007, pp. 220]

Entity Tags: Geneva Conventions, Lawrence Wilkerson, Richard (“Dick”) Cheney, Colin Powell, Donald Rumsfeld, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Category Tags: High Value Detainees, Counterterrorism Policy/Politics

Jose Padilla being escorted by federal agents in January 2006.Jose Padilla being escorted by federal agents in January 2006. [Source: Alan Diaz / Associated Press]Jose Padilla, a US citizen and “enemy combatant” alleged to be an al-Qaeda terrorist (see May 8, 2002) and held without charges for over three years (see October 9, 2005), is charged with being part of a North American terrorist cell that sent money and recruits overseas to, as the indictment reads, “murder, maim, and kidnap.” The indictment contains none of the sensational allegations that the US government has made against Padilla (see June 10, 2002), including his supposed plan to detonate a “dirty bomb” inside the US (see Early 2002) and his plans to blow up US hotel and apartment buildings (see March 2002). Nor does the indictment accuse Padilla of being a member of al-Qaeda. Attorney General Alberto Gonzales says, “The indictment alleges that Padilla traveled overseas to train as a terrorist (see September-October 2000) with the intention of fighting a violent jihad.” He refuses to say why the more serious charges were not filed. Some provisions of the Patriot Act helped the investigation, Gonzales adds: “By tearing down the artificial wall that would have prevented this kind of investigation in the past, we’re able to bring these terrorists to justice,” he says. The Padilla case has become a central part of the dispute over holding prisoners such as Padilla without charge; by charging Padilla with lesser crimes, the Bush administration avoids the possibility of the Supreme Court ruling that he and other “enemy combatants,” particularly American citizens, must either be tried or released. Law professor Eric Freedman says the Padilla indictment is an effort by the administration “to avoid an adverse decision of the Supreme Court.” Law professor Jenny Martinez, who represents Padilla, says: “There’s no guarantee the government won’t do this again to Mr. Padilla or others. The Supreme Court needs to review this case on the merits so the lower court decision is not left lying like a loaded gun for the government to use whenever it wants.” Padilla’s lawyers say the government’s case against their client is based on little more than “double and triple hearsay from secret witnesses, along with information allegedly obtained from Padilla himself during his two years of incommunicado interrogation.” Padilla will be transferred from military custody to the Justice Department, where he will await trial in a federal prison in Miami. He faces life in prison if convicted of conspiracy to murder, maim, and kidnap overseas. The lesser charges—providing material support to terrorists and conspiracy—carry maximum prison terms of 15 years each. [Associated Press, 11/22/2005; Fox News, 11/23/2005]
'Dirty Bomb' Allegations 'Not Credible,' Says Former FBI Agent - Retired FBI agent Jack Cloonan, an expert on al-Qaeda, later says: “The dirty bomb plot was simply not credible. The government would never have given up that case if there was any hint of credibility to it. Padilla didn’t stand trial for it, because there was no evidence to support it.” [Vanity Fair, 12/16/2008]
Issue with CIA Videotapes - In 2002, captured al-Qaeda leader Abu Zubaida identified Padilla as an al-Qaeda operative (see Mid-April 2002) and the government cited Zubaida as a source of information about Padilla after Padilla’s arrest. Yet, sometime this same month, the CIA destroys the videotapes of Zubaida’s interrogations from the time period where he allegedly identified Padilla (see November 2005). The Nation’s Aziz Huq will later comment: “Given the [Bush] administration’s reliance on Zubaida’s statements as evidence of Padilla’s guilt, tapes of Zubaida’s interrogation were clearly relevant to the Padilla trial.… A federal criminal statute prevents the destruction of any record for a foreseeable proceeding, even if the evidence is not admissible.… [I]t seems almost certain that preservation of the tapes was legally required by the Jose Padilla prosecution.” [Nation, 12/11/2007]

Entity Tags: Jenny Martinez, Jose Padilla, US Supreme Court, Jack Cloonan, Eric Freedman, Alberto R. Gonzales, Bush administration (43), Al-Qaeda, Aziz Huq, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Civil Liberties

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

The US lifts an arms embargo on Indonesia. The US imposed a limited arms ban in 1991 after the Indonesian military massacred civilians in East Timor. The arms ban was strengthened in 1999 after the Indonesian military committed more massacres as East Timor voted for independence. The Bush administration had long desired closer ties with the Indonesian military, but was held back by Congress, which imposed conditions before military relations could be reestablished. In particular, the Indonesian military was required to account for some atrocities, especially the alleged killing of several US teachers by Indonesian soldiers in the province of West Papua in 2002 (see August 31, 2002). Indonesia had yet to fulfill these conditions, but earlier in the month Congress inserted a loophole in the law, allowing the restrictions to be waived by the Bush administration if it was found necessary for national security reasons. The Bush administration uses the loophole during Thanksgiving vacation while Congress is out of session, despite the lack of any new national security reason to do so. The lifting of restrictions still falls short of full military relations the US has with most other countries in the region. The US also renewed training and educational exchanges with the Indonesian military earlier in the year. [International Herald Tribune, 11/24/2005] The killing of US teachers in Papua remains unresolved. In January 2006, the New York Times will report that Indonesian police have concluded that the Indonesian military committed the killings but are unwilling to officially report this because of diplomatic sensitivities between the US and Indonesia. [New York Times, 1/27/2006]

Entity Tags: Bush administration (43), Tentara Nasional Indonesia

Category Tags: Al-Qaeda in Southeast Asia, Counterterrorism Policy/Politics

Late 2005: CIA Closes Unit Hunting Bin Laden

The CIA closes its unit that had been in charge of hunting bin Laden and other top al-Qaeda leaders. Analysts in the unit, known as Alec Station, are reassigned to other parts of the CIA Counterterrorist Center. CIA officials explain the change by saying the agency can better deal with high-level threats by focusing on regional trends rather than on specific organizations or individuals. Michael Scheuer, who headed the unit when if formed in 1996 (see February 1996), says the move reflects a view within the CIA that bin Laden is no longer the threat he once was, and complains, “This will clearly denigrate our operations against al-Qaeda.” Robert Grenier, head of the Counterterrorist Center in 2005, is said to have instigated the closure. [New York Times, 7/4/2006; Guardian, 7/4/2006] The White House denies the search for bin Laden has slackened, calling the move merely a “reallocation of resources” within the CIA. [Reuters, 8/17/2006]

Entity Tags: Robert Grenier, Osama bin Laden, Counterterrorist Center, Alec Station, Michael Scheuer, Central Intelligence Agency

Timeline Tags: War in Afghanistan

Category Tags: Afghanistan, Escape From Afghanistan, Counterterrorism Action After 9/11, Counterterrorism Policy/Politics, Hunt for Bin Laden in Pakistan

As Congress debates legislation that will outlaw “cruel, inhuman, and degrading” treatment of terrorist suspects and detainees in US custody, the Justice Department issues a secret opinion, one that few lawmakers even know exists, ruling that none of the CIA’s interrogation methods violate that standard. The Justice Department has already issued one secret opinion countermanding the Bush administration’s stated position that torture is “abhorrent” (see February 2005). Both rulings are efforts by Attorney General Alberto Gonzales and White House officials to realign the Justice Department with the White House after an in-house revolt by many Justice officials threw administration policies on torture and domestic surveillance into doubt (see Late 2003-2005). Though the public debate on torture becomes ever more pervasive during President Bush’s second term, the two rulings will remain in effect through the end of 2007 and beyond, helping the White House give US officials the broadest possible legal latitude for abusing and torturing prisoners. As late as October 2007, the White House will insist that it has always followed US and international law in its authorization of interrogation practices. Those assurances will be countered by an array of current and former officials involved in counterterrorism (see October 3, 2007). [New York Times, 10/4/2007] In 2007, Jameel Jaffer of the American Civil Liberties Union (ACLU) will say in conjunction with a lawsuit filed against the Justice Department’s interrogation practices, “These torture memos should never have been written, and it is utterly unacceptable that the administration continues to suppress them while at the same time declaring publicly that it abhors torture. It is now obvious that senior administration officials worked in concert over a period of several years to evade and violate the laws that prohibit cruelty and torture. Some degree of accountability is long overdue.” The ACLU will also note that the administration had failed to disclose the existence of the two opinions in its court filings, a failure characterized by the administration as an accidental oversight. [Harper's, 11/7/2007]

Entity Tags: Jameel Jaffer, Alberto R. Gonzales, American Civil Liberties Union, Bush administration (43), George W. Bush, US Department of Justice, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Civil Liberties

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

Deputy Director of National Intelligence Michael Hayden learns that the CIA has videotaped some detainee interrogations (see Spring-Late 2002). Hayden will later say he finds this out towards the end of his time as deputy director of national intelligence, a position he leaves in May 2006. Although the tapes were destroyed several months previously (see November 2005), Hayden will later say he is not aware of their destruction at this point: “I did not personally know before they were destroyed, not at all… I was aware of the existence of the tapes but really didn’t become focused on it until the summer of ‘06.” It appears that Hayden does not inform any congressional oversight committees of the destruction until 2007 (see March 14, 2007 and December 7, 2007), even though he becomes CIA director in the summer of 2006 (see May 5, 2006). [Associated Press, 12/12/2007; Fox News, 12/13/2007]

Entity Tags: Michael Hayden, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Civil Liberties

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

In November 2005, CIA officer Jose Rodriguez will destroy videotapes of interrogations of at least two high-ranking al-Qaeda detainees (see November 2005), despite numerous court orders and commands from superiors and oversight agencies to keep them. The CIA will later claim that Rodriguez acted on his own without notifying CIA lawyers or his bosses, yet there is no evidence that he was ever punished in any way. The New York Times will later comment, “Some in Congress are curious to know why, if Mr. Rodriguez had really ignored White House advice not to destroy the tapes, he was apparently never reprimanded.” [New York Times, 12/13/2007]

Entity Tags: Central Intelligence Agency, Jose Rodriguez, Jr.

Timeline Tags: Torture of US Captives, Civil Liberties

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

Following the destruction of videotapes made by the CIA showing the interrogation of al-Qaeda detainees (see Spring-Late 2002 and November 2005), the CIA’s Office of General Counsel conducts a review of the circumstances of destruction, as well as any other investigations and preservation obligations at the time the tapes were destroyed. Although the review’s conclusions are not known, the existence of the review is made public in a Justice Department letter obtained by the Associated Press after news of the tapes’ destruction breaks in 2007 (see December 6, 2007). [Associated Press, 12/8/2007] There is no indication that any action is taken against Jose Rodriguez, who will later be said to be the CIA officer responsible for the tapes’ destruction (see After November 2005).

Entity Tags: Office of General Counsel (CIA), Central Intelligence Agency, John Rizzo

Timeline Tags: Torture of US Captives

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

A report by the Justice Department’s Office of the Inspector General is leaked to the New York Times. The report largely backs the allegations made by whistleblower ex-FBI agent Mike German (see September 2002 and August 2, 2004). It finds that FBI officials mishandled a terrorism investigation German was involved in, falsified documents in an effort to cover up agency mistakes, and retaliated against German. In one instance, someone altered dates on three FBI forms using correction fluid to conceal a violation of federal wiretap law. After German tried to complain directly to FBI Director Robert Mueller, other FBI agents distanced themselves from him. For instance, the head of the FBI undercover unit, Jorge Martinez, froze German out of teaching assignments and told another agent that German would “never work another undercover case.” [New York Times, 12/3/2005] Notwithstanding, German is critical of the inspector general’s report. He says the authors of the report distorted some facts and failed to fully investigate whether the investigation he was working on was a genuine terrorist conspiracy. [Government Executive, 12/12/2005]

Entity Tags: Federal Bureau of Investigation, Office of the Inspector General (DOJ), Jorge Martinez, Mike German

Category Tags: 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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