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The Medical Care Act comes into law in Canada. The legislation provides for universal public coverage of hospital and doctors’ services to all Canadians. This follows the first public health insurance plan enacted in 1947 by the province of Saskatchewan, and the passage in 1957 of the federal Hospital Insurance and Diagnostics Services Act, which ensured universal coverage for in-hospital services in provinces that met certain criteria. By 1961, all Canada’s 10 provinces had signed on. In 1962, the government of Saskatchewan passed an act requiring doctors to collect fees solely through the government-run plan. In 1964, the Royal Commission on Health Services led by former Saskatchewan chief justice Emmett Hall recommended that a national plan covering all medical costs for all Canadians be established. [CBC News, 8/2000; Government of Canada, 5/4/2007]
The NSA, following up on its successful pilot program of satellite-based intelligence gathering called “Canyon” (see 1968), develops a much more sophisticated satellite surveillance program called “Rhyolite.” Rhyolite, later renamed “Aquacade,” is a breakthrough in the world of signal intelligence (sigint). Most importantly, it can monitor microwave transmissions, used extensively by the Soviet Union for its most secure transmissions. Its possibilities, says one insider, are “mind-blowing.” Britain’s own security agency, GCHQ, is a full party to Rhyolite/Aquacade. Former Army sigint officer Owen Lewis recalls in 1997, “When Rhyolite came in, the take was so enormous that there was no way of handling it. Years of development and billions of dollars then went into developing systems capable of handling it.” The NSA will pass much of the information it gathers to the GCHQ for transcription and analysis. Subsequently, the NSA will deploy new and even more sophisticated surveillance systems, code-named “Chalet” and “Vortex.” In doing so, it constructs numerous listening stations on friendly foreign soil, including the Menwith Hill facility that will later become a linchpin of the satellite surveillance program known as Echelon (see February 27, 2000). The new programs will revitalize the lapsed sigint alliance between the US, Britain, Canada, Australia, and New Zealand (see July 11, 2001). [Federation of American Scientists, 7/17/1997]
The US Foreign Intelligence Advisory Board recommended in 1970 that “economic intelligence be considered a function of national security” equal to that of other intelligence. In 1977, the NSA, CIA, and Department of Commerce forms a joint “Office of Intelligence Liaison” (later renamed the “Office of Executive Support”) specifically authorized to handle “foreign intelligence” of interest to the Commerce Department, much of it provided by the NSA. The other countries using Echelon, the NSA’s satellite surveillance program, which include Britain, Canada, Australia, and New Zealand, all operate similar programs. President Bill Clinton will extend this operation in 1993. In 1993, the European company Panavia will be specifically targeted over aircraft sales to the Middle East. In 1994, US companies will be given NSA and CIA intelligence intercepts that help them win contracts in Indonesia. Other information that will be provided by US intelligence to US and allied corporations include information about the emission standards for Japanese automobiles, 1995 trade negotiations over the US importing of Japanese luxury cars, France’s participation in the GATT trade negotiations of 1993, and the 1997 Asian-Pacific Economic Conference. [Science and Technology Assessments Office, 8/15/2000]
Pakistani nuclear scientist A. Q. Khan writes to fellow Pakistani scientist Abdul Aziz Khan and asks him to return to Pakistan to help with its nuclear weapons program, a “project of national importance.” Abdul Aziz Khan declines, but agrees to collect technical information in North America to help the program, and to travel to Pakistan during his vacations to help train scientists there. Abdul Aziz Khan will later go on to play a key role in a scheme to send US-made equipment used in centrifuges to Pakistan via Canada. [Armstrong and Trento, 2007, pp. 67]
A. Q. Khan writes his first letter to a correspondent, the Canada-based Pakistani scientist A. A. Khan. In the letter, which is written in a code, A. Q. Khan mentions successful uranium enrichment in Pakistan (see June 4, 1978), procurement operations in Germany and Japan (see Before June 13, 1978, Spring 1978, and Before June 13, 1978), the delivery of equipment to his headquarters (see Before June 13, 1978), and the dispatch of a team member for training to the US (see Before June 13, 1978). The correspondence between A. Q. Khan and A. A. Khan will go on for some time and authors Adrian Levy and Catherine Scott-Clark will describe it as “an intense and literary friendship, always expressed in handwritten Urdu script, the most sensitive thoughts of the man behind one of the world’s most clandestine program[s], wafting through the unsecured mail for anyone to intercept.” [Levy and Scott-Clark, 2007, pp. 53] The correspondence will be seized by Canadian authorities upon A. A. Khan’s arrest (see August 29, 1980).
Acting on a tip-off from British authorities, the Royal Canadian Mounted Police monitors two officials working for the A. Q. Khan nuclear purchasing ring as they enter Canada. The officials are Anwar Ali and Imtiaz Ahmad Bhatti, of the Pakistan Atomic Energy Commission. They come to Canada on diplomatic visas to purchase parts to make inverters—equipment that Khan needs to be able to produce weapons-grade uranium in Pakistan. The parts were formerly purchased in Britain, but that country is more aware of Khan’s attempts now, so he is forced to send people to Canada. Unaware of the close surveillance, Ali and Bhatti make contact with a local purchasing network of three naturalized Canadian citizens, Salam Elmenyami, Mohammad Ahmad, and A. A. Khan, who has been an associate of Khan’s since 1977 (see 1977). Over the next few weeks, the Canadians watch as the three men use a shopping list given them by Ali and Bhatti to buy resistors, capacitors, condensers, and other equipment through two electrical supply shops in Montreal. The gear comes from the US, from companies including General Electric, Westinghouse, RCA, and Motorola. The two shipping agents for moving it to Pakistan include Khalid Jassim General Trading, a Khan front organization operating out of the United Arab Emirates (see Before September 1980). The trio make at least 10 shipments of parts and equipment to Pakistan, with a total value of over half a million Canadian dollars. However, they are arrested in late August (see August 29, 1980). [Armstrong and Trento, 2007, pp. 103]
The Royal Canadian Mounted Police arrests a trio of purchasing agents working for the A. Q. Khan nuclear proliferation ring. The three men, Salam Elmenyami, Mohammad Ahmad, and A. A. Khan, had been under surveillance since July (see July-August 29, 1980). Almenyawi and Ahmad admit purchasing equipment, but say they did not know what it was for. Released the next day, A. A. Khan goes to Montreal railway station, where he removes a suitcase from a locker, takes some documents out of it, and rips them up. The documents will later be found and reassembled. One of them is a paper by an American scientist on the use of centrifuges for enriching uranium. A. A. Khan will tell investigators he was taking the article to another scientist. After ripping the documents up, he goes to the airport, but is arrested. The trio’s two contacts, Pakistani officials Anwar Ali and Imtiaz Ahmad Bhatti, will not be arrested at all. Bhatti will become a senior official at A. Q. Khan’s research facility in Pakistan; Ali will become chairman of the Pakistan Atomic Energy Commission in 2006. [Armstrong and Trento, 2007, pp. 103, 106] The three men will later be put on trial, but A. A. Khan will be acquitted and Almenyawi and Ahmad will receive light sentences (see Late 1980 or After).
Three purchasers working for the A. Q. Khan nuclear proliferation ring are put on trial in Canada. The three men, A. A. Khan, Salam Elmenyami, and Mohammad Ahmad, had been monitored by Canadian authorities (see July-August 29, 1980) and arrested in August 1980 (see August 29, 1980). They are charged with a variety of offences, including failing to get export licenses, exporting goods imported from the US without adding value, and violating a law that regulates nuclear sales to other countries.
A. A. Khan's Defense - Restrictions on hearsay evidence mean that prosecutors cannot fully reveal A. Q. Khan’s role in the purchasing ring, so A. A. Khan is able to explain away cryptic correspondence with A. Q. Khan seized upon his arrest. For example, A. Q. Khan referred to enriching uranium as “put[ting] air in the machine,” but A. A. Khan claims this is a reference to producing cooking gas. He also claims that components they purchased to make inverters—equipment necessary to enrich uranium—are actually for textile and food processing plants.
Testimony about Invertors Curtailed - In addition, a witness who works for the British arm of the company Emerson Electric refuses to provide details of the sale of inverters to Pakistan through third parties, meaning that only portions of his testimony are admitted to the jury. Chief prosecutor Guy Gilbert will say that if the jury had got this testimony, it would have provided a “clear demonstration” the exported parts would be used for building inverters.
Sentences - At the end of the two-month trial, Almenyani and Ahmad are convicted on one count of exporting goods without a proper licence and fined $3,000 (Canadian). The maximum penalty for this offense is a fine of $25,000 (Canadian) and five years in prison. A. A. Khan is acquitted entirely. In a reference to many other failed prosecutions of A. Q. Khan’s associates in the west, authors David Armstrong and Joe Trento will write that this result will “become familiar in the years ahead.” Gilbert will later allege that the judge deliberately favored the defense (see April 10, 2006). [Armstrong and Trento, 2007, pp. 105]
Margaret Thatcher. [Source: UK Parliament]British prime minister Margaret Thatcher, displeased with two of her ministers for challenging her on unidentified policy matters, requests that they be placed under electronic surveillance. Because it is illegal for British intelligence to monitor its own citizens, the operation is handed over to the CSE, Canada’s national security agency. [Daily Iowan, 1/19/2006; Janczewski and Colarik, 2007, pp. 454] According to former CSE spy Mike Frost, who will publicly discuss the matter in 2000, Thatcher “had two ministers that she said ‘…weren’t onside.’” Thatcher, says Frost, “wanted to find out, not what these ministers were saying, but what they were thinking. So my boss, as a matter of fact, went to McDonald House in London and did intercept traffic from these two ministers.” Why CSE and not British intelligence? Because for the British to monitor their own government members would be illegal—so instead, they farm out such activities to their allies. “The British Parliament now have total deniability,” Frost says. “They didn’t do anything. They know nothing about it. Of course they didn’t do anything; we did it for them.” Frost will say there is no way to pin any blame or criminal charges on anyone in the British government. “The British Parliament now has total deniability,” Frost says. “They didn’t do anything… we did it for them.” [ZDNet, 2/25/2000; CBS News, 2/27/2000]
Wreckage from the Gander crash. [Source: Canadian Broadcasting Corporation]On December 12, 1985, shortly after takeoff from Gander, Newfoundland, Arrow Air Flight 1285 stalls and crashes about half a mile from the runway. All 256 passengers and crew on board are killed, including 248 US soldiers. The plane was coming from Egypt and refueling in Newfoundland before continuing on to the US. At the time, the crash is widely reported to be an accident, caused by icing on the airplane wings. Official US and Canadian investigations will also support that conclusion. However, information will later come out suggesting the crash was not an accident:
Members of Islamic Jihad, a branch of the Hezbollah militant group (and not to be confused with the Islamic Jihad group headed by Ayman al-Zawahiri), immediately take credit for the crash. In one call to the Reuters news agency in Beirut, the caller knows details of the plane flight not yet mentioned in the press.
Within hours of the crash, Maj. Gen. John Crosby arrives at the crash site and reportedly tells maintenance workers he wants to “bulldoze over the crash site immediately.” The White House also quickly publicly claims there is “no evidence of sabotage or an explosion in flight,” despite the fact that Hezbollah had just taken credit for the crash and the investigation is just beginning. While the site is not bulldozed, there is no effort to meticulously sift the wreckage for clues, which is standard procedure for such air crashes.
An FBI forensic team flies to Newfoundland within hours of the crash, but then merely sits in a hotel room. After 36 hours, the team accepts a declaration that terrorism was not involved and returns home. The FBI will later claim the Canadian government did not allow their team to visit the site. [Time, 4/27/1992]
In 1988, the nine-member Canadian Aviation Safety Board will issue a split verdict. Five members will attribute the crash to ice formation, and four members claim it was an explosion. A former Canadian supreme court justice is appointed to decide if there should be a new investigation. He concludes that the available evidence does not support ice on the wings as being a cause, let alone a probable cause, of the crash. But he also rules against a new investigation, saying it would cause more pain to the victims’ families. [Time, 4/27/1992; Canadian Broadcasting Corporation, 12/12/2005]
Later declassified autopsy reports show that soldiers had inhaled smoke in the moments before they died, indicating there had been a fire on board before the plane hit the ground. [Canadian Broadcasting Corporation, 12/12/2005]
Five witnesses in the remote location where the plane crash will sign sworn statements that they saw the plane burning before it fell.
An examination of the fuselage will show outward holes, indicating an explosion from within.
Four members of the refueling crew will later assert there was no icing problem before the plane took off. The plane crashed about one minute after take off.
Six heavy crates had been loaded into the plane’s cargo bay in Egypt without military customs clearance. Witnesses will later claim that weapons, including TOW antitank missiles, were being stockpiled in Egypt near where the plane took off. At the time, the US was secretly selling these types of missiles to Iran as part of an arms for hostages deal.
In the wake of public exposure of the Iran-Contra Affair, it will be revealed that Arrow Air is a CIA front company and was regularly used by Lt. Col. Oliver North to ship arms.
Most of the crash victims were US Airborne troops returning from multinational peacekeeping duties in Egypt, but more than 20 Special Forces personnel were also on board. They were from elite counterterrorist units often used on hostage rescue missions.
Just days before the crash, Iranian officials threatened to retaliate after North sent them a shipment of the wrong missiles. North wrote three days earlier that he was determined to continue to arms shipments. “To stop now in midstream, would ignite Iranian fire. Hostages would be our minimum losses.” One theory is that Iran used militant surrogates connected to Hezbollah to punish North for sending the wrong missiles. [Time, 4/27/1992]
Gene Wheaton, a private investigator hired by victims’ relatives unsatisfied with the official explanation, later claims that a duffel bag stuffed with US currency was found in the wreckage. Two men in civilian clothes, who other personnel at the crash cite believe were from the CIA, took custody of the money. Neither the money nor the heavy crates will be mentioned by the official investigation.
In the early 1990s, two Time magazine reporters will be writing a book about the BCCI bank scandal. They will develop a reliable source, a private arms dealer using the alias Heinrich. Heinrich tells the reporters that a large amount of cash was on the Gander flight, and he tells them this before any accounts of cash being on the plane are reported in the media. Heinrich, who takes part in numerous arms deals with high-level BCCI officials, will tell the reporters: “This money on the plane was money that [BCCI founder Agha Hasan] Abedi, money that the bank had provided US intelligence for covert operations. The money was being used by the American military. I have no idea what for. You don’t ask these kinds of questions of these people.…. One of the bank men—perhaps I should call him an associate of the bank men—was a little angry about this money. He believed it was being, ah, appropriated, by some of the special forces soldiers. Someone else thought perhaps it was being diverted to another operation. I only know that the subject of the Gander crash came up, and these people talked about BCCI money going down with it.” [Beaty and Gwynne, 1993, pp. 231-233]
Entity Tags: Oliver North, John Crosby, “Heinrich”, Gene Wheaton, Agha Hasan Abedi, Hezbollah, Bank of Credit and Commerce International, Federal Bureau of Investigation, Central Intelligence Agency, Islamic Jihad Organization
Timeline Tags: Complete 911 Timeline, Iran-Contra Affair
A Canadian government official says that Canada is using the PROMIS software, according to Inslaw owners William and Nancy Hamilton. The Hamiltons pass the information on to the House Judiciary Committee, which is investigating allegations that the US Justice Department has misappropriated an enhanced version of the software from Inslaw and passed it on to other governments. The official, Marc Valois of the Canadian Department of Communications, apparently says that PROMIS is being used to support 900 locations around the Canadian government. [US Congress, 9/10/1992] Another Canadian official will soon make a similar statement (see January 1991), but both he and Valois will later say they were not referring to Inslaw’s PROMIS, but to a product of the same name from a different company (see March 22, 1991).
The United Nations passes Resolution 678. The resolution gives Iraq until January 15, 1991 to withdraw entirely from Kuwait (see July 25, 1990) and restore its national sovereignty. The US uses UN authority to build a “coalition” of nations to support its upcoming “Desert Storm” operation designed to repel Iraqi forces from Kuwait (see January 16, 1991 and After). 34 countries contribute personnel: Afghanistan, Argentina, Australia, Bahrain, Bangladesh, Belgium, Canada, Denmark, Egypt, France, Greece, Italy, Kuwait, Morocco, The Netherlands, New Zealand, Niger, Norway, Oman, Pakistan, Philippines, Portugal, Qatar, Republic of Korea, Saudi Arabia, Senegal, Sierra Leone, Singapore, Spain, Syria, the United Arab Emirates, the United Kingdom and the United States. West Germany and Japan do not contribute forces, but they do contribute $6.6 billion and $10 billion, respectively, to the cause. While some countries join out of a sincere belief that Iraq must not be allowed to dominate the region and control Middle Eastern oil reserves (see August 7, 1990), others are more reluctant, believing that the affair is an internal matter best resolved by other Arab countries, and some fear increased US influence in Kuwait and the region. Some of these nations are persuaded by Iraq’s belligerence towards other Arab nations as well as by US offers of economic aid and/or debt forgiveness. [NationMaster, 12/23/2007] As with all such UN resolutions, Iraqi dictator Saddam Hussein rejects this resolution. [PBS Frontline, 1/9/1996]
A second Canadian government official says that Canada is using the PROMIS software, according to Inslaw owners William and Nancy Hamilton. The Hamiltons pass the information on to the House Judiciary Committee, which is investigating allegations that the US Justice Department has misappropriated an enhanced version of the software from Inslaw and passed it on to other governments. The official, Denis LaChance of the Canadian Department of Communications, apparently says that PROMIS is being used by the Royal Canadian Mounted Police to support its field offices. [US Congress, 9/10/1992] Another Canadian official had previously made a similar statement (see November 1990), but both he and LaChance will later say they were not referring to Inslaw’s PROMIS, but to a product of the same name from a different company (see March 22, 1991).
A Canadian government official tells the US House Judiciary Committee that Canada is reluctant to cooperate with the committee’s inquiry into the alleged theft of a version of the PROMIS software by the US Justice Department and its subsequent passage to Canada. This is in response to a letter sent on February 26, 1991, in which the committee asked Canadian Ambassador Derek Burney for help determining what version of the software the Canadian government was using. The official, Jonathan Fried, counselor for congressional and legal affairs at Canada’s Washington embassy, says that “Canadians had been burned once before by Congress,” and imposes conditions on Congressional questioning of Canadian officials. The conditions are that interviews of individuals be conducted only in the presence of lawyers for the relevant departments and their superiors and that no Canadian public servants would be witnesses in any foreign investigative proceedings. The committee accepts these conditions in mid-March, and identifies the two Canadian officials it wants to speak to (see November 1990 and January 1991). [US Congress, 9/10/1992]
Shortly before the US House Judiciary Committee interviews two Canadian officials who have said Canada has the allegedly stolen PROMIS software (see November 1990 and January 1991), the Canadian government contacts the committee and imposes a further condition on the interviews. The Canadians had already insisted the officials be accompanied by minders (see Shortly After February 26, 1991), but now says that, in addition, they will only answer questions specifically related to the software. They will not answer questions about any allegations that four software programs that may have been acquired by the Canadian government may be derivates of the PROMIS software. If the committee wants information about such alleged derivatives, it will have to submit a written request. [US Congress, 9/10/1992]
Two Canadian officials who had previously said that the Canadian government was using Inslaw’s PROMIS software now tell the US House Judiciary Committee that it is not. In an interview with the committee, officials Denis LaChance and Marc Valois of the Canadian Department of Communications say that they had incorrectly identified software used by the Canadians as being Inslaw’s PROMIS (see November 1990 and January 1991), whereas in fact it was actually project management software from a company called the Strategic Software Planning Corporation that is also called PROMIS. Despite an objection by the Canadians to them being asked about PROMIS derivatives in Canada (see Before March 22, 1991), the two officials also say they do not use or know of a derivative of Inslaw’s PROMIS in Canada. The president of the Strategic Software Planning Corporation will later acknowledge in a sworn statement to committee investigators that his company had sold a few copies of his firm’s PROMIS software to the Canadian government in May 1986. [US Congress, 9/10/1992]
Canada’s ambassador to the US, Derek Burney, writes to the House Judiciary Committee saying that neither the Canadian Royal Mounted Police nor the Canadian Security Intelligence Service (CSIS) have the PROMIS software developed by Inslaw or derivatives thereof. The statement is in response to an October letter from the committee, which is investigating the alleged theft from Inslaw of a version of the software and its subsequent passage to Canada. According to Burney, both the Mounties and the CSIS told him that not only do they not use Inslaw’s PROMIS or any software believed to be a derivative of it, but that they do not use any case management software at all. The committee will comment: “The ambassador’s conclusory statement did not provide an offer or an opportunity for further verification of the allegations received concerning the government of Canada. Without direct access to [the Mounties], CSIS, and other Canadian officials, the committee has been effectively thwarted in its attempt to support or reject the contention that Inslaw software was transferred to the Canadian government.” [US Congress, 9/10/1992]
Essam Marzouk. [Source: FBI]US-al-Qaeda double agent Ali Mohamed is detained by the Royal Canadian Mounted Police (RCMP) in Vancouver, British Columbia, after attempting to pick up a man named Essam Marzouk, who is carrying numerous false passports. The RCMP identifies Mohamed as a top al-Qaeda operative. Mohamed admits to it that he traveled to Vancouver to help Marzouk sneak into the US and admits working closely with Osama bin Laden. [San Francisco Chronicle, 11/4/2001; Globe and Mail, 11/22/2001; Wall Street Journal, 11/26/2001] After many hours of questioning, Mohamed tells the Canadian officials to call John Zent, his handler at the FBI. Zent confirms that Mohamed works for the FBI and asks them to release him. They do. [Lance, 2006, pp. 124] Mohamed is accompanied by fellow al-Qaeda operative Khaled Abu el-Dahab (see 1987-1998), who brings $3,000 sent by bin Laden to pay for Marzouk’s bail. Marzouk had run one of bin Laden’s training camps in Afghanistan and was an active member of the al-Qaeda allied group Islamic Jihad at the time. However, Canadian intelligence apparently is unaware of his past. Marzouk will spend almost a year in detention. But then, again with the help of another visit to Canada by Mohamed, Marzouk will be released and allowed to live in Canada (see June 16, 1993-February 1998). He later will help train the bombers who carry out the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [Globe and Mail, 11/22/2001; National Post, 11/26/2005] Jack Cloonan, an FBI agent who later investigates Mohamed, will say: “I don’t think you have to be an agent who has worked terrorism all your life to realize something is terribly amiss here. What was the follow up? It just sort of seems like [this incident] dies.” [Lance, 2006, pp. 125]
Mohamed Zeki Mahjoub. [Source: Public domain]On June 16, 1993, Islamic militant Essam Marzouk arrives in Vancouver, Canada, and immediately arouses suspicion. He is arrested after immigration officials discover his suitcase is full of fake passports. Furthermore, he admits he had spent five years as an “Arab volunteer” in Pakistan and Afghanistan. [National Post, 10/14/2005] Al-Qaeda double agent Ali Mohamed is there to pick him up at the airport, and ends up getting questioned. He is asked if Marzouk fought in Afghanistan or knows how to use explosives. But Mohamed claims to be an FBI asset and the FBI vouches for him, so he is let go. Marzouk is detained for nearly a year, but is also let go after another visit by Mohamed (see June 16, 1993). [Globe and Mail, 9/7/2002] Marzouk applies for and receives political refugee status, but Canadian intelligence are suspicious about him and put him under surveillance. They also repeatedly interview him. However, they do not find anything incriminating. Canadian intelligence is aware that Ali Mohamed is making repeated visits to Vancouver to meet Marzouk. But the Canadians still only know Mohamed as an FBI asset and the FBI fails to tell them more about Mohamed, despite growing evidence against him. Marzouk starts a business with a friend named Amer Hamed. But Canadian intelligence remains suspicious and does not give Marzouk the security clearance to become a permanent resident. In 1997 and 1998, there are several calls between Marzouk and the home number of Mohamed Zeki Mahjoub, an Islamic Jihad operative living in Toronto. Mahjoub is under heavy surveillance, including being physically trailed, so presumably Canadian intelligence is aware of these calls. [Toronto Star, 7/17/2004] Additionally, a Canadian judge will later say that Mubarak Al Duri was “reported to be Osama bin Laden’s principal procurement agent for weapons of mass destruction,” and had lived in the Vancouver area at some point, probably the late 1990s. [National Post, 11/26/2005] In 2000, Canadian intelligence will discover that Al Duri also has been in contact with Mahjoub. [Canadian Security Intelligence Service, 2/22/2008 ] In 1997, the FBI discovers Marzouk’s Vancouver address in the address book of Wadih El-Hage, Osama bin Laden’s former personal secretary. But it is unknown if this information is ever shared with Canadian intelligence (see Shortly After August 21, 1997). [National Post, 3/19/2002] In February 1998, Marzouk sells his assets and leaves Canada with Hamed. But on the way out of the country he stops at a house near Toronto, Canada, where Ahmed Said Khadr, a suspected high-ranking al-Qaeda member, lives. He meets with Mahjoub at Khadr’s house. Marzouk soon flies to Afghanistan. He had been a training camp instructor there in the early 1990s, and now he is assigned to train the men who are to attack US embassies in Africa. In July, Marzouk travels to Nairobi to help with the final preparations for the bombings. Hamed, Marzouk’s partner in Vancouver, is killed by a US missile in August in retaliation for the embassy bombings earlier that month. After further travel, Marzouk is arrested in Azerbaijan. [National Post, 10/14/2005]
US President Bill Clinton signs the North American Free Trade Agreement (NAFTA), which he says will “tear down trade barriers between” the US, Canada, and Mexico. [US President, 12/8/1993]
A 15-year period begins during which most trade barriers between the US, Canada, and Mexico will be dismantled in accordance with NAFTA. The New York Times comments: “The government has taken few steps, however, to prepare smaller and medium-sized companies, poor farmers, and inefficient industries for the new competition. Even after a wave of industrial restructuring that cost half a million Mexican jobs, worker re-training programs are almost nonexistent.” [New York Times, 1/1/1994]
Ahmed Said Khadr in a hospital bed during his hunger strike, being visited by journalists. [Source: Canadian Broadcasting Corporation]In late 1995, Ahmed Said Khadr is arrested in Pakistan for a suspected role in the November 1995 bombing of the Egyptian embassy in that country (see November 19, 1995). Khadr was born an Egyptian and became a Canadian citizen, and is an employee of Human Concern International (HCI), a Canadian-based charity. [Burr and Collins, 2006, pp. 276-277]
Smuggling During the Afghan War - The Canadian government was already aware of Khadr’s militant ties before the bombing. In the late 1980s, a federal Canadian official was asked by a diplomat in Pakistan about Khadr. The official did not know who that was, so the diplomat explained that Khadr was involved in smuggling Saudi money into Afghanistan while using HCI as a cover. This person further said that, “For months, the Afghan scene in Islamabad buzzed with this and other information” about Khadr. This was passed on to other parts of the Canadian government, but no action was taken. [National Post, 9/6/2002]
Khadr Released Due to Hunger Strike - After his late 1995 arrest, Khadr begins a hunger strike from within a Pakistani prison. In January 1996, Canadian Prime Minister Jean Chretien visits Pakistan and, in response to popular pressure caused by the hunger strike, asks the Pakistani government to release him. Khadr is released several months later. He returns to Canada and stops working with HCI, but starts a new charity called Health and Education Project International. [Burr and Collins, 2006, pp. 276-277]
HCI Linked to Al-Qaeda - A January 1996 CIA report claims that the entire Peshawar, Pakistan, HCI branch that Khadr heads is staffed by Islamist militants and that its Swedish branch is smuggling weapons to Bosnia (see January 1996). In a June 1996 interview with an Egyptian weekly, Osama bin Laden surprisingly identifies HCI as a significant supporter of al-Qaeda. [Emerson, 2006, pp. 398, 423]
Monitoring Khadr's Associates - Also around 1996, the Canadian intelligence agency CSIS begins monitoring several suspected radical militants living in Canada. The CSIS will later call one of them, Mahmoud Jaballah, an “established contact” of Khadr. [Canadian Security Intelligence Service, 2/22/2008 ] Another, Mohamed Zeki Mahjoub, will also be called a contact of Khadr. [Canadian Security Intelligence Service, 2/22/2008 ] The CSIS has yet to reveal details of when such contacts are made, except in the case of Mohamed Harkat. It will be mentioned that in March 1997 Harkat is recorded saying that he is about to meet Khadr in Ottawa, Canada. [Canadian Security Intelligence Service, 2/22/2008 ]
Wanted Again in Pakistan - On September 5, 1998, the Globe and Mail will report that Khadr is wanted in Pakistan again for his role in the Egyptian embassy bombing. A Pakistani official says that Khadr is living in Afghanistan, has contacts with Osama bin Laden, and is using his charity as a cover for smuggling and banking transactions. The executive director of HCI tells the newspaper that Khadr was last seen in Ottawa, Canada, about three months earlier, and, “We do learn once in a while that he was in Pakistan or Canada or moving back and forth.” [Globe and Mail, 9/5/1998]
Listed by UN - In January 2001, the United Nations places Khadr on a list of those who support terrorism associated with bin Laden. [Canadian Security Intelligence Service, 2/22/2008 ]
But despite all this, there is no evidence the Canadian government attempts to arrest or even indict him before 9/11. (The Egyptian government does pressure the Pakistani ISI to capture him in the summer of 2001 (Summer 2001).) Khadr will be killed in Pakistan in October 2003. It will eventually emerge that he was a founding member of al-Qaeda and an important leader of that group (see October 2, 2003).
Mahmoud Jaballah. [Source: Public domain via Toronto Star]Islamic Jihad operative Mahmoud Jaballah enters Canada on May 11, 1996 and applies for refugee status. There is evidence Canadian intelligence, the Canadian Security Intelligence Service (CSIS), begins monitoring him shortly after his arrival. A 2008 CSIS report mentions details of phone calls Jaballah makes to high-ranking Islamic Jihad leaders as early as June 1996. The CSIS will later conclude that his “primary objective incoming to Canada was to acquire permanent status in a country where he would feel secure in maintaining communications with other [Islamic Jihad] members.” Jaballah is wary his calls may be monitored, and uses code words to discuss sensitive topics. But the CSIS is able to figure out many of the code words, for instance the mention of clothes to refer to travel documents.
Jaballah frequently calls Thirwat Salah Shehata, one of nine members of Islamic Jihad’s ruling council; the Egyptian government will later also call Shehata “a key figure in bin Laden’s organization.” They are in regular contact until August 1998, when Shehata moves to a new location in Lebanon but does not give Jaballah his new phone number.
Jaballah also stays in frequent contact with Ahmad Salama Mabruk, another member of Islamic Jihad’s ruling council. Mabruk is arrested in 1998.
Jaballah is also in frequent contact with Ibrahim Eidarous and Adel Abdel Bary, two Islamic Jihad operatives living in London and working closely with Khalid al-Fawwaz, Osama bin Laden’s de facto press secretary. He calls them over 60 times between 1996 and 1998. Bin Laden is monitored by Western intelligence agencies as he frequently calls Bary, Eidarous, and al-Fawwaz until all three are arrested one month after the 1998 African embassy bombings (see Early 1994-September 23, 1998). Jaballah presumably becomes more suspicious that he is being monitored in September 1998, when Canadian officials interview him and tell him they are aware of his contacts with the three men arrested in London.
The CSIS will later call Jaballah an “established contact” for Ahmed Said Khadr, a founding al-Qaeda member living in Canada. Khadr had been arrested in Pakistan in 1995 for suspected involvement in an Islamic Jihad bombing there, but he was released several months later after pressure from the Canadian government. After returning to Canada, Khadr ran his own non-profit organization, Health and Education Projects International (HEPI), and allegedly used the money he raised to help fund the Khaldan training camp in Afghanistan. If the CSIS was aware of Khadr’s activities through Jaballah, it is not clear why no action was taken against him or his charity before 9/11.
Essam Marzouk is an al-Qaeda operative living in Vancouver, Canada. During one call, Jaballah is asked for Marzouk’s phone number. He says he does not have it, but gives the name of another operative, Mohamed Zeki Mahjoub, who is known to be in contact with Marzouk. Marzouk will later leave Canada to train the African embassy bombers, stopping by Toronto to visit Mahjoub on the way out of the country.
Jaballah is monitored communicating with other Islamic Jihad operatives, including ones in Germany, Yemen, and elsewhere in Canada.
He is arrested in March 1999, but after his arrest his wife warns him to reduce his communications and offers to help obtain information from his associates. He acquires a post office box in August 1999 and uses it to continue communicating with militants overseas. He is released in November 1999 and the CSIS will later claim he continues to communicate with other militants until he is arrested again in August 2001. [Canadian Security Intelligence Service, 2/22/2008 ]
Entity Tags: Khaldan training camp, Thirwat Salah Shehata, Mohamed Zeki Mahjoub, Osama bin Laden, Khalid al-Fawwaz, Ahmad Salama Mabruk, Ahmed Said Khadr, Canadian Security Intelligence Service, Mahmoud Jaballah, Adel Abdel Bary, Ibrahim Eidarous, Islamic Jihad, Essam Marzouk
Timeline Tags: Complete 911 Timeline
On December 13, 1996, Mahmoud Jaballah, an Islamic Jihad member living in Canada, is told that Ahmad Salama Mabruk, a member of Islamic Jihad’s ruling council, has been “hospitalized.” Canadian intelligence has been closely monitoring Jaballah since 1996, and it intercepts this call as well. This is actually a reference to the fact that Mabruk has been imprisoned in Russia. Mabruk has actually been arrested along with top Islamic Jihad leader Ayman al-Zawahiri near Chechnya earlier in the month, but they are both using aliases and it appears the Russian authorities have no idea who they really are or that they have any militant ties (see December 1, 1996-June 1997). However, over the next months, Canadian intelligence continues to monitor Jaballah as he collects $15,000, raised through his network of Canadian contacts, to help free Mabruk. Apparently this is a bribe. He coordinates these efforts with Thirwat Salah Shehata, another member of Islamic Jihad’s ruling council, who is in Azerbaijan close to where Mabruk and al-Zawahiri have been arrested. The Russian government frees Mabruk and al-Zawahiri in June 1997. Since the Canadian government were aware of Mabruk’s real identity and that Jaballah was trying to free him, it is unknown why Canada did not alert Russia that they were holding an important terrorist leader, which might have alerted Russia to al-Zawahiri’s real identity as well. [Canadian Security Intelligence Service, 2/22/2008 ]
In 1997, Canadian intelligence begins investigating Abdullah Almalki, a Canadian exporter originally from Syria. Almalki is working with Mohamad Kamal Elzahabi and Abdelrahman Elzahabi, who are brothers and business partners, to send electronic equipment to Pakistan. Around 1995, the three of them sent large numbers of portable field radios to Pakistan. Apparently, some of them are used by Taliban and al-Qaeda forces (the US will later recover many field radios of the same make and model in Afghanistan after 9/11). However, there is no law against exporting the radios, and investigators are unable to prove any crime was committed. Abdelrahman is working in New York City as a mechanic while Mohamad Kamal is working in Boston as a taxi driver. Three other taxi drivers at the same company are al-Qaeda operatives who knew each other and Mohamad Kamal in Afghanistan (see Late 1980s and June 1995-Early 1999), and he will later admit to being a sniper instructor at the Khaldan training camp in Afghanistan in the early 1990s. The FBI in Boston begins investigating him in 1999, but fails to prove he is a terrorist. They lose track of him when he leaves the US later that year to fight the Russians in Chechnya. The FBI later discovers him driving trucks in Minnesota and arrests him for lying to federal agents about his knowledge of the field radios (see Mid-August 2001). [Globe and Mail, 3/17/2007] It seems probable that the investigation of Mohamad Kamal Elzahabi strengthens suspicions about a Boston al-Qaeda cell. One of his associates at the taxi company, Raed Hijazi, works as an FBI informant starting in 1997 (see Early 1997-Late 1998]), and another, Nabil al-Marabh, is questioned by the FBI in 1999 (see April 1999-August 1999). Almalki is later arrested in Syria while visiting relatives there and severely tortured before eventually being released and returned to Canada (see September 19 or 20, 2003).
Mohamed Harkat. [Source: CBC]In February 1997, Mohamed Harkat, an Islamic militant living in Canada who is being monitored by Canadian intelligence (CSIS), contacts a person in Pakistan whom he refers to as Haji Wazir. Harkat asks him about Ibn Khattab, a warlord in Chechnya linked to al-Qaeda, and other people linked to Islamic militancy. Canadian intelligence is monitoring the call. In October 1997, Harkat is interviewed by Canadian intelligence and he tells them he has a banker friend named Haji Wazir and that he has deposited some money in Wazir’s bank. Canadian intelligence will later comment in court documents that Haji Wazir is another name for Pacha Wazir (haji is an honoric for someone who has been on the haj, or pilgrimage, to Mecca), and that Wazir is a “shadowy financial kingpin from the United Arab Emirates.… Wazir was the main money-handler for Osama Bin Laden.” Furthermore, Harkat is involved with terrorist financing for Khattab and al-Qaeda in association with Wazir. [Canadian Security Intelligence Service, 2/22/2008 ] Presumably Wazir becomes known to Western intelligence agencies at this time, if he is not known already, but no country will take any action against him until one year after 9/11 (see Late September 2002).
In July 1997, Islamic Jihad operative Mahmoud Jaballah receives a fax from Ahmad Salama Mabruk, a member of Islamic Jihad’s ruling council living in Azerbaijan. Canadian intelligence has been closely monitoring Jaballah since he arrived in Canada in 1996 (see May 11, 1996-August 2001) and they learn the contents of this fax while monitoring him. Mabruk’s fax gives guidance on how to recruit new operatives. Jaballah responds by telling Mabruk and Thirwat Salah Shehata, another member of Islamic Jihad’s ruling council, that he already has recruited some people affiliated with the Muslim Brotherhood. Furthermore, they have Canadian residence papers, they have been tested, and they have proven reliable. He says it is time for them to be briefed about their duties. Mabruk replies that he is pleased and that these new recruits are very much needed. [Canadian Security Intelligence Service, 2/22/2008 ] Perhaps not coincidentally, it will later be reported that also in 1997, Canadian intelligence begins a large-scale investigation of Islamic militants in Canada that will eventually be formally named Project A/O Canada. [Globe and Mail, 3/17/2007]
Ahmed Said Khadr, standng on the left, in an orphanage while working for Human Concern International. [Source: Canadian Broadcasting Corporation]During an FBI raid on a suspected al-Qaeda cell in Kenya, US investigators discover the address book of Wadih El-Hage, bin Laden’s former personal secretary (see Shortly After August 21, 1997). The book contains the names of many militant contacts around the world.
One entry in his book is for “Essam,” giving an address in Surrey, near Vancouver, British Columbia. That address is where Essam Marzouk lives. [National Post, 3/19/2002] Marzouk moved to Vancouver in 1993, and ever since his arrival Canadian intelligence has suspected he is a radical militant and has been monitoring him (see June 16, 1993-February 1998). It is not clear if the FBI ever shares the El-Hage link with Canadian intelligence, and apparently the Canadians are unable to gather enough evidence to arrest Marzouk and other probable al-Qaeda operatives living in Vancouver until they leave in 1998.
The raid also discovers the business card of Kaleem Akhtar, executive director of Human Concern International, a Canadian based charity. While Akhtar has not been accused of any militant links, up until 1996, a Canadian named Ahmed Said Khadr worked for the charity. [National Post, 3/19/2002] In late 1995, he was arrested for suspected involvement in the bombing of the Egyptian embassy in Pakistan, which was blamed on Islamic Jihad (see November 19, 1995), but he was let go a short time later due to a request from the Canadian prime minister. In 1998, it will be reported that he is frequently traveling between Pakistan and Canada and is wanted by the Pakistani government, but he will not be arrested in either country. It will later be determined that he was one of the founding members of al-Qaeda. [Globe and Mail, 9/5/1998]
Another business card found during the raid has an Ottawa, Canada, phone number written on the back. Who this number belongs to has not been made public, except that the number is out of service by 2002. [National Post, 3/19/2002] However, there are some militant contacts in Ottawa around this time, including Khadr on occasion. In March 1997, Canadian intelligence monitor a militant named Mohamed Harkat as he says he will be meeting Khadr in Ottawa later that month. [Canadian Security Intelligence Service, 2/22/2008 ] Is it unknown if the FBI shares the other phone numbers with Canadian intelligence.
Mahmoud Jaballah. [Source: Darren Ell]Mahmoud Jaballah is an Islamic Jihad operative living in Canada and being closely monitored by Canadian intelligence (see May 11, 1996-August 2001). On April 1997, Islamic Jihad top leader (and al-Qaeda number two leader) Ayman al-Zawahiri contacts Jaballah, and the phone call is monitored by Canadian intelligence, which later mentions that Jaballah tells al-Zawahiri about his status in Canada. In February 1998, Jaballah is given al-Zawahiri’s satellite phone number. Canadian intelligence later claims the number is “subsequently contacted many times by Jaballah.” [Canadian Security Intelligence Service, 2/22/2008 ] Presumably Canadian intelligence begins monitoring al-Zawahiri’s phone number by this time, but details about what they do, how long they are able to monitor the number, and how much they learn remain unknown.
A new international alliance of culture ministers “to promote and protect cultural diversity” is formed at the conclusion of the two-day International Meeting on Culture Policy held in Ottawa, Canada. Attending culture ministers from Armenia, Barbados, Brazil, Canada, Croatia, Greece, Iceland, Italy, Ivory Coast, Mexico, Morocco, Poland, Senegal, South Africa, Sweden, Switzerland, Trinidad and Tobago, Tunisia, Ukraine, and the United Kingdom—dubbed the Ottawa Group of Ministers—agree to set up the International Network on Cultural Policy (INCP). Both the ministers’ meeting and the formation of the new alliance were launched at the initiative of Canada, largely through its Heritage Minister Sheila Copps. An initial “contact group” consisting of Sweden, Mexico, Greece, and Canada is formed to coordinate activities of the new network. Canada provides the first secretariat for INCP. The ministers agree to set the next meeting to be held the following year in Mexico, and the meet after that, in 2000, in Greece. Canadian Heritage Minister Sheila Copps says, in the light of the network’s formation, “Canadians are delighted that we’ve found so many other countries that share our determination to put culture front and centre on the global stage and to promote cultural diversity for everyone in the world.” [International Network on Cultural Policy, 6/30/1998]
Ibrahim Eidarous (the picture has been edited to cover a window reflection on his face). [Source: Bureau of Prisons]Mahmoud Jaballah is an Islamic Jihad operative living in Canada, and all his communications are being monitored by Canadian intelligence. He has already been monitored frequently contacting Ibrahim Eidarous and Adel Abdel Bary, two Islamic Jihad operatives living in London and working closely with Khalid al-Fawwaz, Osama bin Laden’s de facto press secretary. He also has been in frequent contact with Ahmad Salama Mabruk, a member of Islamic Jihad’s ruling council living in Baku, Azerbaijan, and Thirwat Salah Shehata, another ruler council member with Mabruk in Baku at the time (see May 11, 1996-August 2001).
Canadian Communications Relay - In the days before al-Qaeda’s African embassy bombings (see a080798embassy), he serves as a communications relay between the operatives in London and Baku. Canadian intelligence (CSIS) will later comment, “The ability to relay communications through a third country is invaluable to a clandestine operation, providing a more secure means of communication and decreasing the likelihood of being detected.”
Calls on August 5 - On August 5, two days before the embassy bombings, Jaballah contacts Shehata in Baku three times. This is the day Islamic Jihad releases a statement vowing revenge on the US for the recent extradition of Islamic Jihad members from Albania (see August 5, 1998). [Canadian Security Intelligence Service, 2/22/2008 ]
Calls on August 6 - There are at least two monitored calls on August 6, directly between London and Baku. Their contents are not revealed, but one is about three minutes long. [United States of America v. Usama Bin Laden, et al., Day 27, 4/4/2001]
Calls on August 7, Hours before the Bombings - On August 7, the morning of the bombings, Mabruk contacts Jaballah and tells him that Eidarous should contact him at Shehata’s phone number. There is no further elaboration except that Mabruk says the matter is “very important.” Shortly afterwards, Jaballah calls Eidarous’s cell phone and relays the message from Mabruk. [Daily Telegraph, 9/19/2001; National Post, 10/15/2005] The exact timing of these calls are not specified, but at 2:14 a.m. London time, there is a call from Baku to London. [United States of America v. Usama Bin Laden, et al., Day 27, 4/4/2001] At 4:45 a.m. London time, a fax claiming responsibility for the embassy bombings is sent from Baku to a shop near Eidarous and Abdel Bary in London. The fingerprints of Eidarous and Abdel Bary are later found on a photocopy of the fax. It is also known that the US National Security Agency (NSA) has been monitoring the phones of Mabruk, Eidarous, and Abdel Bary, because Osama bin Laden’s phone has been monitored since 1996 and he had frequently called all three of them (see November 1996-Late August 1998). The NSA noticed a surge of phone calls involving them several days before the embassy bombings (see July 29-August 7, 1998). The two embassy bombings take place within about ten minutes of each other around 10:30 a.m. local time in East Africa. This time zone is three hours later than London time, which means the bombings take place around 7:30 a.m. London time. The fax claiming responsibility for the bombings is actually sent to London about three hours before the bombings take place. [Seattle Post-Intelligencer, 7/13/1999; Daily Telegraph, 9/19/2001]
Fax Names Nairobi and Dar es Salaam Bombings in Advance - The fax takes credit for the embassy bombings in the name of the “The Islamic Army for the Liberation of the Holy Places,” a previously unused name. It states that “The ruling to kill the Americans and their allies, civilians and military, is an individual duty for every Muslim who can do it in any country in which it is possible to do it in order to liberate the Al-Aqsa Mosque and the holy mosque (Mecca) from their grip.” It specifically calls the bombing in Nairobi the “Holy Ka’ba operation,” and bombing in Dar es Salaam is called the “Al-Aqsa Mosque operation.” It adds that two men from Saudi Arabia carried out the Nairobi bombing and that one man from Egypt carried out the Dar es Salaam bombing. This in fact is what happens several hours later. The operatives in London then fax the statement to a number of press agencies after the bombings, including Al Jazeera and the Associated Press. [United States of America v. Usama Bin Laden, et al., Day 27, 4/4/2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001; CNN, 5/2/2001] So Canadian and US intelligence had an opportunity to give an advanced warning about the bombings. It is not known why they do not do this.
Canadian intelligence has been monitoring Mahmoud Jaballah, an operative in Canada serving as a communications relay between high-ranking Islamic Jihad figures (see May 11, 1996-August 2001). He is monitored as he relays a series of phone calls between operatives in London and Baku, Azerbaijan, in the days and hours before the African embassy bombings on August 7, 1998 (see August 5-7, 1998 and 10:35-10:39 a.m., August 7, 1998). He is in communication with Thirwat Salah Shehata and Ahmad Salama Mabruk in Baku; both belong to Islamic Jihad’s nine member ruling council. On August 8, Mabruk again calls Jaballah and tells him to contact an operative in London to give him Mabruk’s latest phone number. He asks Jaballah to tell others not to contact him anymore, since he and Shehata will soon be leaving Azerbaijan and their phone numbers there will no longer work. Shehata does leave Azerbaijan shortly thereafter, but soon contacts Jaballah through an intermediary to tell him of his new location in Lebanon. However, he says he does not have a telephone there and falls out of contact with Jaballah after that. [Canadian Security Intelligence Service, 2/22/2008 ] Shehata and Mabruk have just been directly implicated in the embassy bombings, since they sent the fax taking credit for the bombings to bin Laden’s press office in London several hours before the bombings. Phone calls to them monitored by Canadian intelligence make their role clear (see August 5-7, 1998). However, there is no known attempt to apprehend the two of them in Baku, or Shehata later in Lebanon. Mabruk is captured in Baku later in the month, but this stems from a Mossad tip to arrest someone else, and Mabruk is unexpectedly at the scene of the capture and picked up as well (see Late August 1998). Shortly after 9/11, the US will include Shehata on a list of the 12 most wanted terrorist suspects. Since then his whereabouts are unknown, but there have been no reports that he has been captured or killed. He is considered to be involved in funding al-Qaeda. [Agence France-Presse, 5/22/2003] In 2005, MSNBC will suggest he is being held in a loose house arrest by the Iranian government with a number of al-Qaeda leaders (see Spring 2002).
Princess Diana at a mine field in Angola in 1997. [Source: Tim Graham / Corbis]The NSA admits that US intelligence agencies possess 1,056 pages of classified information regarding Britain’s Princess Diana. British tabloids portray the documents as rife with salacious information on Diana’s “most intimate love secrets” about her relationship with Egyptian billionaire Dodi al-Fayed, but the actual documentation may not be so lurid. The NSA recently denied a Freedom of Information request from the Internet news service APB Online about information it has collected on Diana, who died in a tragic car accident in 1997. (It is unclear whether US intelligence has any unreleased information about the circumstances of Diana’s death. [APB Online, 11/30/1998; Washington Post, 12/12/1998] The NSA has denied monitoring Diana on the night of her death, an allegation raised by The Observer in 2006.) [MSNBC, 12/11/2006] In the two-page letter denying the request, the NSA admits to possessing a “Diana file,” but refuses to divulge what is in that file. A US intelligence official says the information is made up of conversations between other people who mentioned Diana; the references to Diana in those intercepted conversations are “incidental.” The official says Diana was never a particular target of the NSA’s Echelon surveillance program. However, the NSA has classified 124 pages of the “Diana documents” as top secret “because their disclosure could reasonably be expected to cause exceptionally grave damage to the national security.” According to a recent report by the European Parliament, the NSA routinely monitors virtually “all e-mail, telephone and fax communications… within Europe” (see July 11, 2001). Intelligence expert Steven Aftergood of the Federation of American Scientists says “the US and our allies promiscuously collect electronic communications around the world. Whether the descriptions of Echelon are accurate or not, that much is definitely true.” Some believe that lurid snippets of information leaked to the British press regarding Diana’s affair with Fayed, and her ambivalent relationship with Prince Charles, may have come from Echelon wiretaps and surveillance. Another FAS scientist, John Pike, says the NSA and other US intelligence agencies may have been monitoring Diana to protect her from terrorist attacks. Pike says it is also possible she may have been monitored because of her involvement in banning land mines, a position opposed by the Pentagon. [APB Online, 11/30/1998; Washington Post, 12/12/1998] Former NSA official Wayne Madsen will say in 2000, “[W]hen NSA extends the big drift net out there, it’s possible that they’re picking up more than just her conversations concerning land mines. What they do with that intelligence, who knows?” [CBS News, 2/27/2000] In August 1999, the NSA will deny another Freedom of Information request about its “Diana file” from the British newspaper The Guardian. [Guardian, 8/6/1999]
In a court case in Canada, Arafat El-Asahi, the Canadian director of both the International Islamic Relief Organization (IIRO) and the Muslim World League, says in sworn testimony: “The Muslim World League, which is the mother of IIRO, is a fully government funded organization. In other words, I work for the Government of Saudi Arabia. I am an employee of that government. Second, the IIRO is the relief branch of that organization which means that we are controlled in all our activities and plans by the Government of Saudi Arabia. Keep that in mind, please… I am paid by my organization which is funded by the [Saudi] government.… The [IIRO] office, like any other office in the world, here or in the Muslim World League, has to abide by the policy of the Government of Saudi Arabia. If anybody deviates from that, he would be fired.” [US Congress, Senate, Committee on Governmental Affairs, 7/31/2003; US News and World Report, 12/15/2003] There is considerable evidence that both the IIRO and the Muslim World League have repeatedly helped fund al-Qaeda. For instance, in 1993 Osama bin Laden told an associate that the Muslim World League was one of his three most important charity fronts (see 1993), and it will later be reported that just after 9/11 the US decides not to list both the Muslim World League as terrorist charity fronts in order not to embarrass the Saudi government (see October 12, 2001).
The US and Germany miss an opportunity to uncover the 9/11 plot through the arrest of Mohamedou Ould Slahi, an al-Qaeda operative tied to millennium attacks and the Hamburg al-Qaeda cell. Slahi lived in Duisburg, Germany for most of the 1990s and apparently US and German intelligence began monitoring him there around the start of 1999 due to his communications with his cousin, al-Qaeda leader Mahfouz Walad Al-Walid. In 1999 he had repeated contact with members of the Hamburg al-Qaeda cell and helped some of the 9/11 hijackers travel to Afghanistan. US investigators will later allege he also advised one militant to “travel to the United States to take part in the planned [9/11] attacks” (see 1999). In November 1999, Slahi moves to Canada and is seen with associates of Ahmed Ressam, who is planning to bomb the Los Angeles airport. US officials will later believe that Slahi went to Canada to activate Ressam’s cell. [Los Angeles Times, 4/24/2006] After Ressam is arrested in mid-December 1999 (see December 14, 1999), Slahi is monitored closely. He is arrested in Senegal after flying there in mid-January 2000. Transfered to his home country of Mauritania, he is interrogated by FBI officials. [New York Times, 1/29/2000; Agence France-Presse, 2/20/2000; Los Angeles Times, 4/24/2006] In early February 2000, Newsweek will report, “The key link in the chain connecting bin Laden to Ahmed Ressam—and an alleged New Year’s bomb plot in the United States—may be Mohamedou Ould Slahi.” [Newsweek, 2/7/2000] However, despite these suspicions, he is released later in February. He moves back to Germany, and is arrested and held there in April 2000 for three weeks, and then released again. He quickly returns to Mauritania. He will be arrested again shortly after 9/11. [Agence France-Presse, 2/20/2000; US Department of Defense, 4/20/2006, pp. 184-216] Despite all this interest in Slahi, his connections to the 9/11 plot and some of the 9/11 hijackers in Hamburg are apparently not made until after 9/11. He will later be sent to Guantanamo where he is reportedly subjected to harsh interrogation (see September 27, 2001).
In Montreal, Canada, the Ad Hoc Working Group on Biosafety (BSWG) continues negotiations on the text of the Cartagena Protocol on Biosafety (CPB), the first protocol to the Convention on Biological Diversity (CBD). The conference is the last in a series of BSWG discussions that began on February 22, 1999 in Cartagena, Colombia. It is attended by over 750 participants, representing 133 governments, NGOs, industry organizations, and the scientific community. The purpose of the protocol is to develop a set of international minimum safety standards for the regulation of trade in genetically engineered organisms (GMOs). The major points of contention during the negotiations relate to (1) the obligations of an exporter to inform importers of shipments containing GMOs, (2) the rights of an importer to reject GMO imports, and (3) whether CBD or World Trade Organization (WTO) regulations have primacy in cases where there is a conflict between the two. The two main negotiating blocks are the “Miami Group” (which includes the GMO-exporting countries of the US, Canada, Australia, Argentina, Chile, and Uruguay) on one side and the European Union and the Like Minded Group (which includes most developing countries) on the other. The Miami Group had formed earlier in Cartagena in order to prevent genetically modified agricultural commodities from being included within the scope of the Protocol, preferring that their regulation remain solely under the jurisdiction of the WTO. The delegates agree on a final draft during the early morning hours of January 29. [Cartagena Protocol on Biosafety (CPB), 6/5/1992; IISD Linkages, 2/18/2000; EAAP News, 8/2000; Genewatch, 3/24/2004; Convention on Biological Diversity, 2/26/2005; Biowatch, 3/26/2005] The Protocol will enter into force on September 11, 2003, ninety days after receiving its 50th ratification. [Convention on Biological Diversity, 2/26/2005]
Biodiversity Clearing-House - The CPB establishes a “Biodiversity Clearing-House” to facilitate the exchange of information on GMOs and to assist countries in the implementation of the Protocol. [Cartagena Protocol on Biosafety (CPB), 6/5/1992; Genewatch, 3/24/2004; Biowatch, 3/26/2005]
Advanced Informed Agreement (AIA) - The Protocol requires exporters of GMOs to seek permission from the importing country before the GMOs are exported. For most GMO exports, the exporter will be required to follow a set of procedures referred to as the “Advance Informed Agreement” (AIA). However, for GMOs intended for food, feed, or processing (LMO-FFPs), and not planting, a different, less rigorous notification system applies. For these types of GMOs the CPB only requires governments to notify the Biodiversity Clearing-House when they have decided to permit the use of a GMO in their own country and to supply certain information about it. This alternative notification system for food, feed, and processing GMOs was a concession negotiated by the GMO-exporting Miami Group. Pharmaceutical GMOs, GMOs-in-transit, and GMOs intended for use in a laboratory, are also subject to fewer, less stringent regulations. [Cartagena Protocol on Biosafety (CPB), 6/5/1992; Genewatch, 3/24/2004; Biowatch, 3/26/2005]
The Precautionary Principle - The CPB permits countries to restrict or ban a GMO if they believe there is a potential for the GMO to cause adverse affects. Conclusive scientific evidence is not necessary. “Lack of scientific certainty due to insufficient relevant scientific information and knowledge regarding the extent of the potential adverse effects of a living modified organism shall not prevent that Party from taking a decision, as appropriate, to avoid or minimize such potential adverse effects.” [Cartagena Protocol on Biosafety (CPB), 6/5/1992; Genewatch, 3/24/2004; Biowatch, 3/26/2005]
Multilateral Trade Agreements vs. Convention on Biological Diversity - The Cartagena Protocol contains provisions that address circumstances that would also be under the jurisdiction of certain trade agreements. But it does not address the issue of which set of regulations should take precedence, only stating that “trade and environment agreements should be mutually supportive with a view to achieving sustainable development.” [Cartagena Protocol on Biosafety (CPB), 6/5/1992; Biowatch, 3/26/2005]
The NSA’s Echelon satellite surveillance system has eavesdropped on numerous public figures, human rights organizations, charities, and even the Vatican, former British intelligence officials admit (see February 27, 2000). The NSA, which shares information with Britain, Canada, Australia, and New Zealand, has eavesdropped on, among others, Princess Diana (see November 30, 1998), Mark Thatcher (the son of former British prime minister Margaret Thatcher), the Pope, Mother Teresa, Amnesty International, Christian Aid, and others. It is unclear exactly when the NSA performed its surveillance operations, and what information it collected. The officials choose to speak out after the European Parliament announces it will open an inquiry into Echelon’s operations (see July 11, 2001). Former NSA official Wayne Madsen says, “Anybody who is politically active will eventually end up on the NSA’s radar screen.” The NSA routinely monitors charities and human rights organizations operating overseas because they often have access to information about regimes opposed to Western interests. Madsen believes the NSA spied on Diana because of her human rights work; he says that “undisclosed material held in US government files on Princess Diana was collected because of her work with the international campaign to ban landmines.” Mark Thatcher was monitored in the 1980s because of his work on the huge al-Yamamah arms contract being negotiated between Britain and Saudi Arabia. The NSA also monitored conversations by officials of the Panavia consortium, which builds the Tornado fighter plane. British Aerospace is a major partner in the consortium. “I just think of Echelon as a great vacuum cleaner in the sky which sucks everything up,” says former Canadian intelligence officer Mike Frost. “We just get to look at the goodies.” Former US computer software manager Margaret Newsham, who worked during the 1980s at the Menwith Hill listening station in Yorkshire, says, “I was aware that massive security violations were taking place. If these systems were for combating drugs or terrorism, that would be fine. But not for use in spying on individuals.” Newsham recalls being shocked when she overheard conversations by then-US senator Strom Thurmond (see April, 1988). “It was evident American constitutional laws had been broken,” she says. [London Times, 2/27/2000]
Entity Tags: Strom Thurmond, Wayne Madsen, Panavia, Princess Diana, Mother Teresa, Christian Aid, British Aerospace, Amnesty International, Echelon, European Parliament, Margaret Newsham, Margaret Thatcher, National Security Agency, Mark Thatcher, Mike Frost
Timeline Tags: Civil Liberties
Mike Frost. [Source: NineMSN]One of the few commercial media reports about Echelon, the NSA’s global surveillance network (see April 4, 2001), appears on CBS’s 60 Minutes. The report is disturbing in its portrayal of Echelon as a surveillance system capable of, in host Steve Kroft’s words, capturing “virtually every electronic conversation around the world.” Kroft continues, “[V]irtually every signal radiated across the electromagnetic spectrum is being collected and analyzed,” including land line and cell phone signals, ATM transactions, fax machines,public and private radio broadcasts, even baby monitors. Mike Frost, a former intelligence officer for the CSE, the Canadian equivalent of the National Security Agency which often works closely with the NSA, says, “The entire world, the whole planet” is being surveilled. “Echelon covers everything that’s radiated worldwide at any given instant.… Every square inch is covered.” Listening stations around the world transmit their data to the NSA’s headquarters at Fort Meade, Maryland, where, as Kroft says, “acres of supercomputers scan millions of transmissions word by word, looking for key phrases and, some say, specific voices that may be of major significance.” Frost adds, “Everything is looked at. The entire take is looked at. And the computer sorts out what it is told to sort out, be it, say, by key words such as ‘bomb’ or ‘terrorist’ or ‘blow up,’ to telephone numbers or—or a person’s name. And people are getting caught, and—and that’s great.” Echelon is so secret that even its successes are not publicly documented, though it is believed that, among other successes, it helped capture international terrorist “Carlos the Jackal,” and helped identify two Libyans accused of planting a bomb on PanAm Flight 103 [CBS News, 2/27/2000] which exploded over Lockerbie, Scotland in 1988, killing 270 people. [Washington Post, 12/22/1988] “I say, never over-exaggerate the capacity of a system such as Echelon,” Frost noted in a 1999 interview with the Australian press. “Never ever over-exaggerate the power that these organizations have to abuse a system such as Echelon. Don’t think it can’t happen in Australia. Don’t think it can’t happen in Canada, because it does.” [NineMSN, 5/23/1999]
Monitoring Legal Conversations - As successful as Echelon has been in capturing terrorists, international drug dealers, and various criminals, it has raised serious concerns for its capability of monitoring ordinary, innocent civilians. Frost says that such monitoring happens every day: “Not only possible, not only probable, but factual. While I was at CSE, a classic example: A lady had been to a school play the night before, and her son was in the school play and she thought he did a—a lousy job. Next morning, she was talking on the telephone to her friend, and she said to her friend something like this, ‘Oh, Danny really bombed last night,’ just like that. The computer spit that conversation out. The analyst that was looking at it was not too sure about what the conversation w—was referring to, so erring on the side of caution, he listed that lady and her phone number in the database as a possible terrorist.” Though the NSA has a long and checkered history of spying on American citizens, including extensive monitoring of antiwar and civil rights protesters during the 1970s, the agency refuses to provide any information about its activities—not to the public and not even to Congress. Congressman Bob Barr (R-GA) has for years pressed for more information about the program, which he recently said “engages in the interception of literally millions of communications involving United States citizens.” Even the chairman of the House Intelligence Committee, Porter Goss (R-FL) had trouble getting information when he requested it last year. At the time, Goss said, “[T]here was some information about procedures in how the NSA people would employ some safeguards, and I wanted to see all the correspondence on that to make sure that those safeguards were being completely honored. At that point, one of the counsels of the NSA said, ‘Well, we don’t think we need to share this information with the Oversight Committee.’ And we said, ‘Well, we’re sorry about that. We do have the oversight, and you will share the information with us,’ and they did.” Goss had to threaten to cut the NSA’s budget before the agency would share even limited information with him. When asked how he can be sure the NSA isn’t listening in on ordinary citizens’ communications, Goss merely says, “We do have methods for that, and I am relatively sure that those procedures are working very well.”
Princess Diana, Human Rights Organizations Monitored - Evidence presented in the broadcast also suggests the NSA was monitoring Princess Diana (see November 30, 1998), as well as Amnesty International, Greenpeace, and other groups (see February 27, 2000). [CBS News, 2/27/2000]
British Ministers Monitored - Frost cites an instance where then-Prime Minister Margaret Thatcher monitored two of her own ministers (see 1983).
Americans Monitored - Former NSA contractor Margaret Newsham recalls hearing a monitored conversation featuring then-Senator Strom Thurmond (see April, 1988). Frost is not surprised. “Oh, of course it goes on,” he says. “Been going on for years. Of course it goes on.” Kroft asks, “You mean the National Security Agency spying on politicians in… in the United States?” Frost replies, “Sounds ludicrous, doesn’t it? Sounds like the world of fiction. It’s not; not the world of fiction. That’s the way it works. I’ve been there. I was trained by you guys” (see 1980s). Goss seems less concerned. He says that it is “[c]ertainly possible that something like that could happen. The question is: What happened next?… It is certainly possible that somebody overheard me in a conversation. I have just been in Europe. I have been talking to people on a telephone and elsewhere. So it’s very possible somebody could have heard me. But the question is: What do they do about it? I mean, I cannot stop the dust in the ether; it’s there. But what I can make sure is that it’s not abused—the capability’s not abused, and that’s what we do.”
Used for Corporate Advantage - In 2001, the European Parliament released a report listing many of Echelon’s surveillance stations around the world and detailing their capabilities (see July 11, 2001). Kroft notes, “The report says Echelon is not just being used to track spies and terrorists. It claims the United States is using it for corporate and industrial espionage as well, gathering sensitive information on European corporations, then turning it over to American competitors so they can gain an economic advantage.”
Encryption Effective? - European governments and corporations are encrypting more and more of their phone, fax, and e-mail transmissions to keep Echelon from listening in. In response, the US government is pressuring the Europeans to give US law enforcement and intelligence agencies software keys so that they can unlock the code in matters of national security. Parliament member Glyn Ford is not opposed to the idea in principle: “[I]f we are not assured that that is n—not going to be abused, then I’m afraid we may well take the view, ‘Sorry, no.’ In [Britain], it’s traditional for people to leave a key under the doormat if they want the neighbors to come in and—and do something in their house. Well, we’re neighbors, and we’re not going to leave the electronic key under the doormat if you’re going to come in and steal the family silver.” The NSA, CSE, and even Echelon are necessary evils, Ford acknowledges, but, “My concern is no accountability and nothing—no safety net in place for the innocent people that fall through the cracks. That’s my concern.” [CBS News, 2/27/2000]
Entity Tags: Greenpeace, Wayne Madsen, Glyn Ford, Echelon, Communications Security Establishment, Central Intelligence Agency, Amnesty International, Strom Thurmond, Electronic Privacy Information Center, Steve Kroft, Princess Diana, Mike Frost, Margaret Thatcher, Margaret Newsham, National Security Agency, Robert “Bob” Barr, House Intelligence Committee, Porter J. Goss, Ilich RamÃrez Sanchez
Timeline Tags: Civil Liberties
After Percy Schmeiser and Monsanto fail to reach an out-of-court settlement, Monsanto takes the 69-year-old canola farmer to court. Monsanto claims that in 1998, Schmeiser planted 1,030 acres with seed from his 1997 canola crop containing a gene or cell that was protected by Monsanto’s 1993 (see February 23, 1993) patent on glyphosate-resistant plants and that he did so without permission from Monsanto. The company further alleges that in doing so Schmeiser illegally used, reproduced, and created genes, cells, plants, and seeds containing the patent-protected genes and cells. According to Monsanto, it is of no consequence how the gene arrived in Schmeiser’s field; his mere planting of the gene constitutes infringement. The company is suing for the $15 CAD/acre technology fee that other farmers using the seed are required to pay (A total of $15,450 CAD), the profits resulting from Schmeiser’s 1998 crop ($105,000 CAD, according to Monsanto), interest, exemplary damages ($25,000 CAD), and court costs. [Toronto Star, 6/3/2000; Star Phoenix (Saskatoon), 6/6/2000; Star Phoenix (Saskatoon), 6/21/2000] Terry Zakreski, Schmeiser’s attorney, does not deny that the some of the canola plants in Schmeiser’s 1998 crop contained Monsanto’s patent-protected Roundup-resistant gene. However, he rejects Monsanto’s claim that Schmeiser infringed on the company’s patent when he planted the crop since the presence of Monsanto’s Roundup Resistance canola was not a result of any deliberate action on the part of Schmeiser. The defense suggests that Monsanto’s patented-gene arrived on Schmeiser’s property by way of pollination or wind-blown seed. [Alberta Report, 9/6/1999]
Plaintiff Argument--Tests show high percentage of Roundup in sample taken from Schmeiser's 1997 crop - In spite of the fact that Monsanto’s argument does not hinge in anyway on how its Roundup Ready Canola came to grow on Schmeiser’s fields, it nonetheless attempts to make the case that the alleged high percentage of Roundup-resistant canola in Schmeiser’s 1997 crop was too high to have resulted solely from cross-pollination or wind-blown seed as Schmeiser claims. As evidence of this, Monsanto cites tests (see Fall 1997)
(see January 24, 2000) performed on plant samples taken in August of that year by Wayne Derbyshire (see August 18, 1997). Those tests found that the samples contained a very high percentage (more than 90 percent) of seeds containing the patented genes. Monsanto also introduces as evidence, tests performed on seeds given to Monsanto by Humboldt Flour Mills (see Between April 24 and April 28, 1998), the company that had inoculated Schmeiser’s seeds prior to the 1998 planting season. Tests later performed on those seeds found that 95 to 98 percent of them contained Monsanto’s patented gene (see April 2000; (August 26, 1999)). [Toronto Star, 6/6/2000; Star Phoenix (Saskatoon), 6/6/2000]
Plaintiff Argument--Tests show high percentage of Roundup in Schmeiser's 1998 crop - Monsanto also presents evidence aimed at demonstrating that Schmeiser’s 1998 crop consisted almost entirely of plants containing Monsanto’s patented Roundup-resistant gene. As evidence, it cites tests performed on samples that were taken from Percy’s crop in the summer of 1998 (see August 12, 1998). The tests done by Aaron Mitchell of Monsanto on these samples indicated that between 92 and 97 percent of the seeds in the samples were resistant to Roundup (see January 1999). [Toronto Star, 6/6/2000; Star Phoenix (Saskatoon), 6/6/2000]
Plaintiff Argument--Schmeiser used Roundup on his 1998 crop - In an effort to prove that Schmeiser’s 1998 crop consisted mostly of Roundup Ready Canola and that Schmeiser sought to take advantage of its resistance to the herbicide, Monsanto cites the testimony of Wesley Niebrugge, a farmer and employee of the Esso bulk dealership in Bruno. Niebrugge claims that in 1997 and 1998 Schmeiser’s farm hand Carlyle Moritz told him that Schmeiser had sprayed his fields with Roundup after having seeded his fields with Roundup Ready Canola. Monsanto argues that in spite of Schmeiser’s claims that he did not use Roundup on his crops in 1998, there is no evidence that he used Muster and Assure herbicides as claimed. Furthermore, Monsanto provides evidence that Schmeiser purchased 720 liters of Roundup in 1998. [Star Phoenix (Saskatoon), 6/17/2000]
Plaintiff Argument--Roundup Ready Canola presence in Schmeiser's fields cannot be explained by windblown seed - Monsanto also argues that seed blown off the top of passing grain trucks could not have been responsible for the Roundup-resistant canola plants that Schmeiser found in his field more than 100 feet away from the road in 1997 (see Summer 1997). As evidence, Monsanto cites the testimony of Barry Hertz, a mechanical engineer hired by Monsanto because of his expertise in road vehicle aerodynamics. Hertz tells the court that according to his own calculations, canola seed blown off the top of a moving grain truck would fly no more than 8.8 meters from the road. His calculations are based on the weather conditions recorded at the Saskatoon airport in October and May of 1996, 100 kilometers away from Schmeiser’s farm. [Star Phoenix (Saskatoon), 6/9/2000; Canadian Press, 6/9/2000]
Plaintiff Argument--Schmeiser segregated his crop - Monsanto argues that Schmeiser segregated his crop when he chose to save and plant the seeds harvested from the same field where he knew Roundup Ready plants had grown. The company’s lawyer questions why he would have done so if he considered those plants to be a contaminant on his land. [Star Phoenix (Saskatoon), 6/15/2000]
Defense Argument--Schmeiser did not undertake any deliberate action to obtain Monsanto's Roundup Ready Canola - According to Schmeiser, the presence of Monsanto’s patented gene in his crop was not a result of any deliberate action he took. Rather he suggests that his crop was likely contaminated with Monsanto’s genes from wind-blown pollen or seed.
Zakreski notes that there is no evidence whatsoever that Schmeiser illegally obtained Roundup Ready Canola seed. Monsanto has never identified anyone who may have sold Roundup Ready Canola seed to Schmeiser, and Schmeiser has never admitted to having acquired the seed. Monsanto employee Aaron Mitchell candidly testifies to this fact on the stand. [Star Phoenix (Saskatoon), 6/9/2000; Star Phoenix (Saskatoon), 6/13/2000]
Percy Schmeiser’s field hand, Carlyle Moritz, testifies that swaths from a neighboring canola field planted with Monsanto’s Roundup Ready Canola blew onto one of Schmeiser’s fields in 1996 (see Fall 1996). The swaths were subsequently picked up by a combine on Schmeiser’s fields and deposited in the grain bins on that field. The defense believes it is possible that some of the seed from that bin was used to plant Schmeiser’s 1997 crop. [Federal Court of Canada, 6/22/2000, pp. 6 ]
Schmeiser recalls that in 1997 (see Summer 1997), after spraying Roundup in his ditches and around telephone poles adjacent to his canola field, approximately 60 percent of the canola plants in that area survived. Curious about the possibility that his canola plants may have developed a resistance to Roundup, he sprayed a trial strip about 100 feet wide in one of the fields that is next to the road. The total area of the strip was a “good three acres,” he says. As a result of the spraying, roughly 40 percent of the canola plants died. The surviving 60 percent were scattered in clumps and were mostly concentrated near the road. He believes that the uneven presence of clumps that were thicker closest to the road and thinner towards the center of the field is evidence that plants had been sown from seed coming from the direction of the road, probably from seed blown off passing grain trucks in late 1996.
Zakreski argues that Schmeiser’s plants may have been pollinated with pollen transported by wind or other means from a neighboring farm. He notes that Monsanto scientist Robert Horsch has acknowledged in court testimony that the company’s dominant Roundup-resistant gene would be present in any pollen from a Roundup Ready Canola plant and therefore could pollinate non-transgenic plants. Zakreski also cites the testimony of Monsanto witness Keith Downey that “one hungry bee” is capable of traveling a great distance. Even though Monsanto employee Aaron Mitchell testified that the closest field planted with Monsanto licensed Roundup Ready Canola seed was approximately five miles away, Zakreski notes that it is impossible to state for sure that someone was not illegally growing it closer. [Star Phoenix (Saskatoon), 6/6/2000; Federal Court of Canada, 6/22/2000, pp. 28 ; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 16 ]
Schmeiser’s neighbor Elmer Borstmeyer testifies that he grew Roundup Ready Canola under agreement for four years beginning in 1996 and that he drove his truck by four of Schmeiser’s fields after harvest. He recalls that on one or two of his trips, the tarp was loose, and he believes he lost a lot of canola seed. “The tarp acted like a cyclone,” he said. “I lost some seed. That’s for sure”
(see Fall 1996). [Star Phoenix (Saskatoon), 6/16/2000; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 50 ]
Schmeiser’s lawyer cites other cases where farmers’ fields have been contaminated with Monsanto’s Roundup Ready Canola, including farmers Charles Boser (see Summer 1999) and Louis Gerwing (see Summer 1999). He also notes that just a few weeks before, Canadian canola seeds sold to Europe by Advanta Canada were discovered to have been contaminated with a small percentage of genetically modified (GM) seeds (see May 2000). [Star Phoenix (Saskatoon), 6/16/2000]
Zakreski also addresses the various tests that were conducted on samples taken from Schmeiser’s 1997 and 1998 crops. Monsanto had used some of the tests as evidence to argue that more than 90 percent of the plants in some of Schmeiser’s fields contained Monsanto’s patented gene. Of the samples that were taken by Wayne Derbyshire in 1997 (see August 18, 1997) and used as the basis for two grow-out tests (see Fall 1997)
(see January 24, 2000), and of the samples that were taken by Don Todd and James Vancha in 1998 (see August 12, 1998) and used for a grow-out test performed by Aaron Mitchell (see January 1999), Zakreski argues that they were all (1) taken illegally, and should not be admitted by the court; (2) taken using a methodology that was not intended to be representative of the fields from which they were taken; and (3) were not obtained, stored, or tested in a scientific manner or by independent parties. [Federal Court of Canada, 6/22/2000 ]
Of the samples that were handled by Aaron Mitchell before being sent to and tested by Keith Downey on January 24, 2000 (see January 24, 2000), Zakreski questions (1) why so many seeds were apparently missing from the coin envelopes; and (2) why there were cleaver seeds, debris, and cracked seeds present in this sample—presumed to have been taken directly from canola pods. [Federal Court of Canada, 6/22/2000, pp. 18 ]
Zakreski also challenges the authenticity of seeds used in a grow-out test that was performed by Aaron Mitchell in January 1999 (see January 1999). He asks how it came to be that seeds Mitchell brought to Leon Perehudoff were clean when in fact the seeds in the original sample contained debris. Though Mitchell claims to have cleaned the seeds by hand in a matter of an hour, plant biologist Lyle Friesen, another witness, testifies that such a task should have taken “days” to do by hand. Zakreski also notes that is unclear why the seeds Mitchell planted enjoyed a 100 percent germination rate when Friesen and experts at Monsanto headquarters in St. Louis were able to get only about half their seeds—presumably taken the same day as Mitchell’s seeds—to grow. [Federal Court of Canada, 6/22/2000, pp. 23-25 ]
Additionally, Zakreski questions the authenticity of the seed samples that Monsanto obtained from Humboldt Flour Mills (see Between April 24 and April 28, 1998). The seeds tested by Monsanto had apparently been cleaned, when in fact the seeds supplied to the mill by Schmeiser (see April 24, 1998) were bin-run seeds full of chaff. No evidence is provided by the plaintiff to explain how the seeds cleaned themselves. [Federal Court of Canada, 6/22/2000, pp. 19 ]
Defense Argument--One must use a patented invention for there to be infringement - Zakreski argues that for a patent infringement to occur, one must use the invention. His argument can be summarized as thus: (1) Monsanto has a patent on a gene, not a plant; (2) it is not a patent infringement to merely possess a patented invention, one must either use, or intend to use, the patented invention in order for there to be an infringement; (3) the act of growing a plant that contains the patented gene does not imply the use of that gene since that gene is not needed for the plant to grow; (4) the use of a patented invention necessarily entails that the “object,” or “essence,” of a patent be utilized, which in this case is a cell’s resistance to Roundup; (5) to use Monsanto’s invention, one must therefore either use, or intend to use, Roundup on one’s crop; and (6) because Schmeiser did not use Roundup on his crop, he did not infringe on Monsanto’s patent. The evidence Zakreski provides to support this argument can be summarized as follows: (a) there was no motive for Schmeiser to acquire and use Monsanto’s patented technology; (b) Schmeiser did not attempt to segregate seed known to be Roundup-resistant from the rest of his seed and therefore had no intention of using the properties of Monsanto’s patented gene; and (c) Schmeiser’s 1998 crop was a mixture of Roundup-resistant and non-resistant canola plants and therefore Schmeiser derived no benefit from Monsanto’s technology; and (d) Schmeiser did not, in fact, use Roundup on his 1998 crop.
Using Roundup Ready Canola would have made it impossible for Schmeiser to grow canola back-to-back, his preferred method of growing canola (see 1994-1998). [Federal Court of Canada, 6/22/2000, pp. 2-3 ]
The only benefit of using Roundup Ready Canola is that it allows one to spray Roundup herbicide on one’s crop. Roundup can only be applied after the weeds have germinated and there is weed foliage to spray. Schmeiser prefers not to spray weeds in his crop at this late stage because it would allow the weeds to use much of the soil’s moisture that would otherwise be available to the crop. Instead, he uses products that can be incorporated into the soil, or that kill weeds as they germinate (see 1994-1998). Furthermore, Schmeiser notes that Roundup is thought to leave a residue in the soil that kills mycorrhiza, a beneficial fungus that helps plants absorb nutrients in the soil. [Federal Court of Canada, 6/22/2000, pp. 3 ]
Schmeiser prefers to save his seeds rather then buy new seeds each year, which he considers to be an unnecessary expense. [Federal Court of Canada, 6/22/2000, pp. 2 ]
There was nothing wrong with Schmeiser’s seed stock that would have warranted interest in acquiring new seed. Schmeiser’s crops have performed much better than others in the area and are relatively free of common diseases that affect canola. Schmeiser has never had to file an insurance claim for his crop and because of this he receives a discount on his crop insurance premium. [Federal Court of Canada, 6/22/2000, pp. 2 ]
Zakreski notes that in 1997, Schmeiser made no attempt to segregate the Roundup-resistant plants from the non-resistant plants in his fields. His farmhand, Carlyle Moritz, saved the seed from both the area where Roundup-resistant crop was known to have grown and other areas where these plants were not known to have grown (see Fall 1997). In spring 1998, these seeds were combined with bin-run seeds from previous years to sow Schmeiser’s canola crop (see Spring 1998). [Federal Court of Canada, 6/22/2000, pp. 11 ]
Schmeiser’s attorney argues that Schmeiser had nothing to gain in planting a mixed crop of Roundup-resistant and non-resistant canola plants. “The advantage in growing Roundup Ready Canola is that a grower may spray in-crop with Roundup and achieve broad spectrum weed control. If a grower plants a crop which is a mixture of Roundup Ready and Roundup susceptible canola, he cannot spray in-crop with Roundup. To do so would be suicide.” [Federal Court of Canada, 6/22/2000, pp. 28-29 ]
Schmeiser says that in 1998 the herbicides he used on his crops were the brand-names Muster and Assure. It would have made no sense, Zakreski argues, for Schmeiser to have knowingly planted Roundup Ready Canola. “It would make no sense if he knowingly proceeded to seed Roundup Ready Canola and not use Roundup,” notes Zakreski. [Leader Post (Regina, Saskatchewan), 6/13/2000] Schmeiser, however, as noted by the plaintiff, was unable to produce receipts showing he had used Muster and Assure on his canola. He explains that the Esso bulk dealership where he lives changed hands after 1998 and the new owners were unable to locate the receipts. [Star Phoenix (Saskatoon), 6/15/2000]
Weed ecology expert Rene Van Acker testifies that the test results from Manitoba (which identified the presence of non-resistant canola plants in a sample taken from Schmeiser’s fields) (see (August 26, 1999)) prove that Schmeiser did not spray his fields with Roundup. If he had sprayed his fields, he would have killed much of his crop. “It would make no sense for a producer to sow Roundup Ready Canola and not use Roundup,” Van Acker recently wrote in a report requested by the defense. [Star Phoenix (Saskatoon), 6/17/2000]
While Schmeiser did purchase 720 liters of Roundup in 1998, as noted by the plaintiff, Schmeiser says that he used this quantity of Roundup to clear his fields before spring planting and also to clear the weeds in the roadside ditches and around telephone poles. Schmeiser testifies that he would have used 515 liters of the herbicide to chem fallow his 1,030 acres leaving 205 liters for the ditches and right-of-ways. Zakreski’s final brief includes a table depicting Schmeiser’s use of the chemical in 1996, 1997, and 1998, demonstrating that the amount of Roundup used in 1998 was entirely consistent with the previous two years. Additionally, Schmeiser explains that if he had planted 100 percent Roundup Ready Canola that year, following Monsanto’s recommended application rate of 1 liter/acre, he would have needed an additional 1,000 liters, a claim that not one of Monsanto’s witnesses attempts to challenge. [Federal Court of Canada, 6/22/2000, pp. 13 ]
Defense Argument--Monsanto's patent does not confer property rights - Another argument advanced by Schmeiser’s attorney is that because Monsanto’s patent does not confer ownership rights of the gene to the company, only intellectual property rights, the insertion of that gene into someone’s plant cannot possibly make that plant property of Monsanto. If the pollen produced by a Roundup Ready Canola plant fertilizes a non-transgenic plant owned by another farmer, Monsanto can claim no property rights to the plant’s offspring. [Federal Court of Canada, 6/22/2000, pp. 38-39 ]
In support of this argument, Zakreski cites the similarity of this case to “stray bulls” cases in which the owners of cows impregnated by stray bulls owned by someone else have successfully sued for damages on the basis that early breading stunted the growth of their cows. In no such cases, notes Zakreski, has an owner of a stray bull attempted to claim any rights to the stray bull’s offspring. [Federal Court of Canada, 6/22/2000, pp. 38-39 ]
Zakreski also states that the law of admixture applies to this case. The premise of that law is as follows: “… where a man willfully causes or allows property of another to inter-mix with his own without the other’s knowledge or consent, the whole belongs to the latter…”. [Federal Court of Canada, 6/22/2000, pp. 38-39 ]
Defense Argument--Monsanto waved its patent rights when it released its invention unconfined into the environment - The defense also argues that Monsanto waived the patent rights on its invention when it failed to control the spread of its invention after it was released into the environment unconfined. The lawyer writes: “Had [Monsanto] maintained control over its invention, it may have maintained its exclusive rights. However, inventions do not usually spread themselves around. They do not normally replicate and invade the property and lands of others. Ever since regulatory approval for this invention was given, it has been released unconfined into the environment. Mr. Schmeiser has produced ample evidence of just how extensive the release is in the Rural Municipality of Bayne, where he farms. Any exclusive rights Monsanto may have had to its invention were lost when it lost control over the spread of its invention. Surely, the exclusive right to possess such an invention cannot be maintained if the spread of the invention cannot be controlled. The unconfined and uncontrolled release into the environment is an act by Monsanto completely inconsistent with its exclusive rights. It cannot on the one hand unleash self-propagating matter uncontrolled into the environment and then claim exclusively wherever it invades. It can, by this, be taken by its conduct to have waived its statutory rights.” Zakreski warns that giving Monsanto property rights to any and all genes or plants that result from the uncontrolled replication of its invention could potentially cause all Canadian canola farmers to lose their right to save and replant seed. “It can never be said with certainty that Monsanto’s gene will not soon be present on any canola field in western Canada. Accordingly, no farmer who saves and re-uses his seeds can be sure the Monsanto gene is not present in his seed supply.” Zakreski suggests: “Perhaps this is a benefit that Monsanto hoped to achieve by releasing their product into the environment without any control.” [Federal Court of Canada, 6/22/2000, pp. 39-41 ; Star Phoenix (Saskatoon), 6/22/2000] As evidence that Monsanto failed to control the spread of its invention, Schmeiser spends several hours showing the courtroom pictures he took in the vicinity where he lives of volunteer Roundup-resistant canola plants growing in ditches, flower beds, cemeteries, and roadways. He explains how he sprayed the plants with Roundup and then returned to see if they had survived. [Star Phoenix (Saskatoon), 6/14/2000]
Defense Argument--Monsanto's patent is invalid; Monsanto's intellectual rights are protected under the Plant Breeders' Rights Act - Zakreski argues that a gene is “not the proper subject matter for a patent” and therefore the patent “should be declared invalid.” In support of this claim, he cites a federal appeals court’s 1998 decision in the case Harvard College v. Canada (Commissioner of Patents). In that case, the judges ruled that “A complex life form does not fit within the current parameters of the Patent Act… .” Zakreski further argues that there already is legislation—the Plant Breeders’ Rights Act—that protects the intellectual property rights of those who develop new plant varieties. He notes that unlike the Patent Act, the Plant Breeders’ Rights Act explicitly preserves farmers’ rights to save and re-plant their seed. [Federal Court of Canada, 6/22/2000, pp. 43 ]
Hassan Almrei. [Source: Darren Ell]On January 2, 1999, Hassan Almrei entered Canada and applied for political refugee status. He claimed his passport from the United Arab Emirates (UAE) had been destroyed. He was given refugee status in June 2000. However, for unknown reasons Canadian officials begin investigating him. Immigration officials search his Toronto apartment on September 13, 2000. They discover the UAE passport that Almrei had claimed was destroyed, and determine it is fradulent. [Canadian Security Intelligence Service, 2/22/2008 ] Almrei and al-Marabh are roommates at some point, probably in early 2001 (see January 2001-Summer 2001). It is probable that Canadian officials increase their interest in Almrei in the months before 9/11. A top Canadian intelligence (CSIS) official will later claim that Canadian authorities grew increasingly worried that a group of eight terrorists would attack Toronto around the time of 9/11. But there was not enough evidence to arrest them, so different means were used in an attempt to disrupt the plot. While these eight suspected terrorists have not been publicly named, it is likely one of them is Almrei. In 2008, Canadian intelligence officials will reveal that at some point they learned that in September 1999 Almrei and five others gained access to a restricted area at Toronto’s Pearson International Airport. Almrei and the others appeared to have access cards and codes for restricted areas. Furthermore, Almrei will be arrested one month after 9/11 (see October 19, 2001) and photos of a security badge and airplane cockpit will be found on his computer. [Canadian Security Intelligence Service, 2/22/2008 ] Almrei will later admit to significant ties to militants and militant training camps (see October 19, 2001).
Ahmed Shehab. [Source: Ahmedshehab.com]The landlord and at least twelve tenants of a Toronto high rise building see 9/11 hijacker Marwan Alshehhi living there in the spring of 2001. Other witnesses recall seeing Alshehhi and/or hijacker Mohamed Atta in or near the building. Nabil al-Marabh is sporadically staying in the same building in an apartment unit owned by his uncle, Ahmed Shehab, a prominent local imam. None of the witnesses appear to have sighted any of the other hijackers. Alshehhi and Atta are also seen by eyewitnesses around this time at a Toronto photocopy shop owned by Shehab, and there are even some who see Atta occasionally working there (see January 2001-Summer 2001). [Toronto Sun, 9/28/2001; Toronto Sun, 9/28/2001; ABC News 7 (Chicago), 1/31/2002] The apartment where al-Marabh stayed will not be raided by police until about two weeks after 9/11, and one week after reports of al-Marabh’s connections to the hijackers has been in the newspapers. The Toronto Sun will report, “Many [building] residents questioned why police waited so long to raid [the] apartment after al-Marabh was arrested. Several tenants alleged they had seen a man late at night during the past week, taking away boxes from the apartment.” [Toronto Sun, 9/28/2001] Al-Marabh also shares a Toronto apartment with Hassan Almrei, a Syrian who the Canadian authorities are already suspecting for possible militant ties (see September 13, 2000 and After). One article says that are roommates in 2001, and it would likely mean early 2001 since al-Marabh leaves Toronto during the summer. Canadian authorities will later arrest Almrei and discover that he has extensive connections with al-Qaeda (see October 19, 2001). [ABC News 7 (Chicago), 1/31/2002] Some of the 9/11 hijackers may have been in Toronto as late as the end of August 2001. A motel manager in Hollywood, Florida, will later say that Mohamed Atta and Ziad Jarrah stay at his motel on August 30, 2001. He will say they gave a non-existent Toronto address and drove a car with Ontario, Canada, license plates. They claimed to be computer engineers from Iran, and said they had just come down from Canada to find jobs. [Washington Post, 10/4/2001; Toronto Sun, 10/5/2001]
The Toronto photocopy shop owned by Nabil al-Marabh’s uncle. [Source: CTV]Many eyewitnesses see 9/11 hijackers Marwan Alshehhi and Mohamed Atta at a Toronto photocopy shop owned by Nabil al-Marabh’s uncle Ahmed Shehab, a prominent local imam. Some of the dozens of eyewitness accounts say Atta sporadically works in the shop. There is a large picture of bin Laden hanging in the store. Alshehhi and Atta are also seen by other eyewitnesses in a Toronto apartment building during this same time period (see January 2001-Summer 2001). [Toronto Sun, 10/21/2001] In a series of raids after 9/11, many partially completed fake IDs will be found in the store and at al-Marabh’s apartment. A stack of tightly-controlled immigration forms enabling one to immigrate to Canada will also be found. [Toronto Sun, 9/28/2001; Toronto Sun, 10/5/2001; Toronto Sun, 10/16/2001] According to the Toronto Sun, “Forensic officers said there are similarities in the paper stock, laminates, and ink seized from the downtown store and that which was used in identification left behind by the [9/11 hijackers].” [Toronto Sun, 10/16/2001]
Reflecting in 2009 on the Bush administration’s withdrawal from negotiations with North Korea (see March 7, 2001), Germany’s then-Foreign Minister and Vice Chancellor Joschka Fischer will draw a stark parallel between the Bush administration’s approach towards foreign affairs and the methodologies used by the Clinton administration: “During the Kosovo war we had developed a format which was, I think, one of the cheapest models for policy coordinating in the interests of the US. [Secretary of State] Madeleine Albright was in the driver’s seat, and the four European foreign ministers discussed with her on a daily basis how the war develops and so on. This was UK, France, Italy, and Germany, together with the US, on the phone. We continued after the war, not every day, but this was the format, to discuss problems and understand the positions. And suddenly it stopped. We had very, very few—I don’t know, two or three times. Only for a very short period when Colin [Powell] came in, and then it stopped, because the new administration was not interested any longer in a multilateral coordination.” Canada’s then-Foreign Minister Bill Graham will add his own reflections about the Bush administration’s foreign policy as implemented by Defense Secretary Donald Rumsfeld: “[H]e was terribly determined to have his way; there was no question about that.… Mr. Rumsfeld was not about listening and being cooperative. Mr. Rumsfeld was about getting the way of the United States, and don’t get in my way or my juggernaut will run over you.” [Vanity Fair, 2/2009]
Nicky Hager. [Source: Rotorua District Council]New Zealand journalist Nicky Hager appears before a European Parliament investigative committee to testify about the US’s satellite surveillance program, Echelon (see July 11, 2001). Hager has discovered information about Echelon’s use by the New Zealand equivalent of the NSA, the Government Communication Security Bureau (GCSB). In researching Echelon’s use by the USA, Canada, Britain, Australia, and New Zealand, Hager learned of the extent of the system’s “capability to monitor the whole of governments, regional and international organizations, non-government organizations, companies and individuals throughout Europe.” Although Hager warns the committee not to focus exclusively on Echelon’s use for corporate benefits, he gives several examples of such uses in the South Pacific, including monitoring “deals to do with Japan… collecting intelligence on meat sales, which is very important for New Zealand… intelligence to do with oil prices… [and] a particularly large Japanese development project in the South Pacific where there was potential for New Zealand companies to win contracts. In other words, there were both macro-level and micro-level economic intelligence being collected.” Corporate executives routinely received such information, Hager testifies, and tells about “the fantastic amount of intelligence that was arriving, for example, monitoring international trade meetings.… From my sources, they said that whenever there was a GATT meeting or another major international meeting, there were hundreds of reports of the monitoring of the different delegations which were arriving in New Zealand and being shared between [British]/USA partners, and I have absolutely no doubt about that, because I have talked to people who saw it coming from the NSA.” [European Parliament, 4/24/2001]
US intelligence obtains information that al-Qaeda is planning to infiltrate the US from Canada and carry out an operation using high explosives. The report does not say exactly where, when, or how an attack might occur. Two months later, the information is shared with the FBI, the INS, the US Customs Service, and the State Department, and it will be shared with President Bush in August. [US Congress, 9/18/2002; Washington Post, 9/19/2002] This information could come from captured al-Qaeda operative Ahmed Ressam, who warns around this month that al-Qaeda leader Abu Zubaida has been seeking Canadian passports as part of a plot to attack the US, possibly by planting explosives in several US cities (see May 30, 2001 and May 2001). [Calgary Herald, 4/3/2002]
The Washington Post will later report, “In May 2001, the CIA learned supporters of bin Laden were planning to infiltrate the United States; that seven were on their way to the United States, Canada and Britain; that his key operatives ‘were disappearing while others were preparing for martyrdom,’ and that bin Laden associates ‘were planning attacks in the United States with explosives.’” [US Congress, 9/18/2002; Washington Post, 9/19/2002] This information may be related to a warning given by captured al-Qaeda operative Ahmed Ressam this month that al-Qaeda leader Abu Zubaida is seeking Canadian passports for himself and five other top militants in order to plant explosives in US cities (see May 30, 2001 and May 2001). [Calgary Herald, 4/3/2002] It is not known if the seven traveling to the US, Canada, and Britain refer to any of the 9/11 hijackers, but 11 of the hijackers travel to the US in May and June (see April 23-June 29, 2001), stopping in Britain along the way (see January-June 2001). Investigators will later say that they are not sure if the aliases Zubaida wanted on the Canadian passports could have been used by some of the 9/11 hijackers. [Calgary Herald, 4/3/2002]
Abderraouf Jdey. [Source: FBI]A candidate 9/11 hijacker named Abderraouf Jdey is possibly arrested and then released in the US around this time, although details remain very murky.
CIA Officer's Curious Report - In 2010, Rolf Mowatt-Larssen will write a public report for the Harvard Kennedy School entitled, “Al Qaeda Weapons of Mass Destruction Threat: Hype or Reality?” Mowatt-Larssen was a CIA official from 1982 to 2005, and was head of the CIA’s Counterterrorism Center (CTC) for a time. Around the time of 9/11, he was the head of the CTC’s weapons of mass destruction branch (see 1982, Early October-December 2001, and November 2005). In a timeline in Mowatt-Larssen’s report, there is this entry for Summer 2001: “Detention of Abderraouf Yousef Jdey, a biology major with possible interest in biological and nuclear weapons, who traveled with Zacharias Moussaoui from Canada into the United States. Moussaoui is detained with crop duster manuals in his possession; Jdey had biology textbooks. Earlier, they attended McMaster University in Canada, along with Adnan Shukrijumah.” This entry is very curious, because although the report is said to be based entirely on publicly sourced material, there has been no public information about Jdey’s arrest or link with Moussaoui, and the footnotes to the entry do not mention these things either. [Mowatt-Larson, 1/2010 ]
Jdey's 9/11 Connection - In late 1999, Jdey may have attended an advanced training course in Afghanistan also attended by 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi (see Late 1999). He may also have been instructed by 9/11 mastermind Khalid Shaikh Mohammed at the same time as hijacker Mohamed Atta and Ramzi bin-al-Shibh. A letter recovered from a safe house in Afghanistan in late 2001, apparently written by al-Qaeda leader Saif al-Adel, says that Jdey was originally meant to be one of the 9/11 hijackers. A videotape of Jdey pledging to be a martyr was also discovered in mid-November 2001 in Afghanistan, in the wreckage of al-Qaeda leader Mohammed Atef’s house (see November 15-Late December 2001). [9/11 Commission, 7/24/2004, pp. 527]
Jdey Is Highly Wanted After 9/11 - Jdey was born in Tunisia, but became a Canadian citizen in the mid-1990s. After 9/11, it is known that he leaves Canada in November 2001. In January 2002, the US government will announce they are seeking him. In 2005, the FBI will announce a $5 million reward for him. [Los Angeles Times, 1/26/2002; CBC News, 5/27/2004; Rewards for Justice, 4/2005]
Mystery Is Unresolved - If Mowatt-Larssen is correct and Jdey was arrested before 9/11, this would have been a vital opportunity to stop the 9/11 plot, and if he was connected with Moussaoui, that would dramatically change the circumstances of Moussaoui’s arrest. It would also mean there would had to have been a cover-up of Jdey’s arrest in the years since 9/11.
Entity Tags: Zacarias Moussaoui, Saif al-Adel, Rolf Mowatt-Larssen, Nawaf Alhazmi, Khalid Shaikh Mohammed, Mohamed Atta, Abderraouf Jdey, Adnan Shukrijumah, Khalid Almihdhar, Mohammed Atef, Ramzi bin al-Shibh
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
A courtroom artist’s depiction of Mahmoud Jaballah. [Source: CBC]On June 27, 2001, Nabil al-Marabh is arrested while trying to enter the US from Canada in the back of a tractor-trailer, carrying a forged Canadian passport and a bogus social insurance card. [St. Catherines Standard, 10/2/2001] The New York Times will note that, “American officials had plenty of reason to believe that he was up to no good. Nine months earlier, he had been identified to American intelligence agents as one of Osama bin Laden’s operatives in the United States. American customs agents knew about money he had transferred to an associate of Osama bin Laden in the Middle East. And the Boston police had issued a warrant for his arrest after he violated probation for stabbing a friend with a knife. But [US officials] simply let him go.” [New York Times, 10/14/2001] The US turns him back to the Canadians. He is held for two weeks, then released on bail despite evidence linking him to militants (see Shortly Before July 11, 2001). During his two-week detention in a Canadian prison, al-Marabh boasts to other prisoners that he remains in contact with the FBI. When one prisoner asks him why, his reply is “because I’m special.” After 9/11, these prisoners will be puzzled that the FBI has not tried to interview them on what they know about al-Marabh. Al-Marabh will fail to show up for a Canadian deportation hearing in August and for a court date in September. It appears he quickly sneaks back into the US instead. [St. Catherines Standard, 10/2/2001] Al-Marabh’s Boston landlord will later be asked if he thought al-Marabh could have been a terrorist. The landlord will reply, “He was too stupid, number one, to be a terrorist. Because terrorists today are very intelligent people. But he might be used by some smarter or intelligent sources, who use people like that.” [ABC News 7 (Chicago), 1/31/2002] In July, just after he is released on bail in Canada, the Boston police will go to his former Boston address with a warrant for his March arrest, but he will not be there. [New York Times, 10/14/2001] Also at some point in July, Canadian authorities inform US Customs about some dubious financial transactions involving al-Marabh, and apparently the information is used in a Customs money-laundering probe (see Spring 2001). [Newsweek, 10/1/2001] One prominent former Canadian intelligence official will say that whether a more detailed look at al-Marabh at this time could have stopped the 9/11 attacks is an “intriguing question.… It becomes ever more intriguing as evidence seeps in.” [Ottawa Citizen, 10/29/2001]
In the weeks before 9/11, an associate of the 9/11 hijackers, Adnan Shukrijumah, travels around the US, visiting New York, Washington, and Chicago, as well as Montreal in Canada, for about a week each. (Nabil al-Marabh, a militant linked to the 9/11 attacks, is likely in Toronto, Canada, for most of this time period (see January 2001-Summer 2001 and Shortly Before July 11, 2001).) According to the FBI, he is scouting potential terrorist targets. Shukrijumah then visits his childhood home, Charlieville in Trinidad and Tobago, for a week, around the date of the attacks. Shukrijumah lives near the hijackers in Florida in 2001 and is apparently seen with Mohamed Atta (see 2000-2001 and May 2, 2001). He was also investigated by the FBI in the spring of 2001, as it thought he might be involved in terrorism (see (Spring 2001) and April-May 2001). [Los Angeles Times, 9/3/2006] According to neighbors of his parents, Shukrijumah is still seen in Florida until March 2003. But other accounts claim that he does not return to the US after 9/11 (see Between March 16 and 20, 2003).
Children at the Um Al-Qura Islamic School, where both Jaballah and Shehab served as principals. [Source: Um Al-Qura Islamic School]On June 27, 2001, Nabil al-Marabh was arrested while trying to enter the US from Canada. He is already wanted in the US for skipping bail on an attempted murder charge, and US intelligence has linked him to al-Qaeda (see June 27, 2001-July 11, 2001). He is held in Canada. About two weeks after his arrest, there is a court hearing to determine if he should be released. His lawyer argues that he should be released because his uncle, Ahmed Shehab, can keep him in line. The lawyer does not mention that Shehab works at a school headed by Mahmoud Jaballah. Canadian intelligence has been closely monitoring Jaballah since 1996 and has overheard him communicating with many top militant leaders, including al-Qaeda number two Ayman al-Zawahiri (see May 11, 1996-August 2001 and February 1998). Presumably Canadian intelligence is well aware of Jaballah’s job at the school discussed in the hearing, yet this is never mentioned to the judge. Jaballah had been arrested in 1999 for suspected ties to Islamic militants and then released, and his school job had been mentioned in media reports. In August 2001, he will be arrested again, and Shebab will replace him as principal at the school. [Globe and Mail, 11/4/1999; New York Times, 10/14/2001; Toronto Star, 7/17/2004] While in jail, al-Marabh is visited by Hassan Almrei, who had been his roommate earlier in the year (see October 19, 2001). [MacLean's, 12/10/2001] Almrei will also later testify that in 1995 he obtained a false passport for al-Marabh, and that after al-Marabh’s arrest in June 2001, al-Marabh asked him to obtain a second false passport for him. [Canadian Security Intelligence Service, 2/22/2008 ] Canadian authorities were investigating Almrei since at least September 2000, and may have suspected his role in a plot against the Toronto airport by this time (see January 2001-Summer 2001). But authorities either do not notice al-Marabh’s links to Jaballah and/or Almrei or do not care, because he is released on bail on July 11 and immediately disappears.
Mohamad Kamal Elzahabi moves to Minneapolis, Minnesota. Elzahabi has a long association with al-Qaeda, and has just returned from Chechnya where he fought as a sniper (see April 16, 2004-June 25, 2004). His “name was known to the FBI well before the Sept. 11 attacks, according to law enforcement officials who declined to be identified. He also was on a list of possible or suspected terrorists” circulated to foreign airlines and banks shortly after 9/11. [Fox News, 6/26/2004; Star-Tribune (Minneapolis), 6/30/2004] In fact, Canadian intelligence began investigating him for suspected militant ties in 1997, and the Boston FBI began investigating him in 1999, but lost track of him when he left the US later that year (see 1997 and 1999). He was connected to al-Qaeda operatives Raed Hijazi, Nabil al-Marabh, and Bassam Kanj. He worked as a Boston taxi driver with them (see June 1995-Early 1999), and also fought with them in Afghanistan (see Late 1980s). Fox News will later note that Elzahabi has a “potential link to Zacarias Moussaoui” since Moussaoui moved to Minneapolis in early August 2001 and is arrested on August 15, but no firm connection between the two has been shown. It has not been reported exactly when Elzahabi arrives in Minneapolis, but he applies for a commercial driver’s license on August 23, 2001. He is fingerprinted for a criminal background check at that time, which presumably would alert the FBI that he is living in Minneapolis if they do not know already. But it is not known if Minneapolis FBI agents, desperately trying to get a warrant for Moussaoui, are told about Elzahabi before 9/11. In January 2002, the FBI will run his name through a database. Despite the FBI’s knowledge of his al-Qaeda ties, he is cleared to get the license. This allows him to haul hazardous materials. His friend and al-Qaeda operative Nabil al-Marabh received a similar license the year before (see August 2000-January 2001). Elzahabi will apply for a license allowing him to carry general freight in September 2003 and he will get insurance clearance to start work in April 2004. However, he will be arrested by FBI that same month (see April 16, 2004-June 25, 2004). [Fox News, 6/26/2004; Star-Tribune (Minneapolis), 6/30/2004]
The North American Aerospace Defense Command (NORAD), which is responsible for detecting and responding to any attack on the mainland United States, is in the early stages of a major training exercise called Vigilant Guardian that is to take place off the shores of the northeastern US and Canada. The exercise is not scheduled to really take off until the following day, September 11 (see (6:30 a.m.) September 11, 2001), but simulated intelligence briefings and meetings are now being held to set the stage for the mock engagements to come. According to author Lynn Spencer, Vigilant Guardian “is the kind of war game that the Russians usually respond to, even in this post-Cold War era.” The Russians have in fact announced that they will be deploying aircraft to several of their “Northern Tier” bases on September 11. Russian jets have penetrated North American airspace during previous NORAD exercises, and Colonel Robert Marr, the commander of NORAD’s Northeast Air Defense Sector (NEADS), has prepared for them to do so again during the current exercise. If this happens, armed US fighter jets will intercept the Russian aircraft and escort them back to their own territory. In case there is any confrontation, Marr has ordered that his alert fighter jets be loaded with additional fuel and weapons. According to Spencer, on September 11, all alert fighters will be “loaded with live missiles in anticipation of any show of force that might be needed to respond to the Russians.” [Spencer, 2008, pp. 3-5] NORAD has already announced that it is deploying fighters to Alaska and Northern Canada to monitor a Russian air force exercise being conducted in the Russian Arctic and North Pacific Ocean throughout this week (see September 9, 2001). [BBC, 2001, pp. 161; North American Aerospace Defense Command, 9/9/2001] According to the 9/11 Commission, the Vigilant Guardian exercise will in fact postulate “a bomber attack from the former Soviet Union.” [9/11 Commission, 7/24/2004, pp. 458]
A Tu-95 Bear bomber. [Source: Unknown]The Russian Air Force begins a major training exercise over the North Atlantic, Pacific, and Arctic Oceans that is scheduled to last all week, ending on September 14, and which is being monitored by US fighter aircraft. The exercise is set to include the participation of strategic Tu-160 Blackjack, Tu-95 Bear, and Tu-22 bombers, along with IL-78 tanker aircraft. It will involve the strategic bombers staging a mock attack against NATO planes that are supposedly planning an assault on Russia, and is set to include practice missile attacks. The North American Aerospace Defense Command (NORAD) has sent fighter jets to Alaska and Northern Canada to monitor the Russian exercise (see September 9, 2001). [BBC, 2001, pp. 161; North American Aerospace Defense Command, 9/9/2001; Washington Times, 9/11/2001] NORAD is conducting its own exercise this week called Vigilant Guardian, which, according to the 9/11 Commission Report, “postulated a bomber attack from the former Soviet Union” (see September 10, 2001, (6:30 a.m.) September 11, 2001, and (8:00 a.m.) September 11, 2001). [9/11 Commission, 2004; 9/11 Commission, 7/24/2004, pp. 458] Major General Rick Findley, NORAD’s director of operations, will later comment that when the Russians hold an exercise, “NORAD gets involved in an exercise, just to make sure that they understand we know that they’re moving around and that they’re exercising.” [Canadian Broadcasting Corporation, 9/11/2002] But NORAD has stated, “[I]t is highly unlikely that Russian aircraft [participating in the exercise] would purposely violate Canadian or American airspace.” [North American Aerospace Defense Command, 9/9/2001] The Russians will promptly cancel their exercise on September 11, in response to the terrorist attacks in the United States (see (After 10:03 a.m.) September11, 2001). [Toronto Star, 12/9/2001; Defense Video and Imagery Distribution System, 9/8/2011]
Nageeb Abdul Jabar Mohammed Al-Hadi is on an airplane from Frankfurt, Germany, to Chicago when the flight is diverted to Toronto, Canada, due to the shutdown of flights to the US in the immediate wake of the 9/11 attacks. Customs officers search his suitcases and find two Lufthansa airline crew uniforms (he was a Lufthansa sales representative in Yemen) and a piece of torn paper with cryptic writing on it sewn into the pocket of a pair of pants. He is also carrying four Yemeni passports, each with a different passport number. Three bear his photograph and variations of his name, while a fourth has the name and photo of another person. He is married to a US woman living in Detroit. He is arrested and detained. [Hamilton Spectator, 9/26/2001] Al-Hadi is connected through telephone records to Nabil al-Marabh. [Toronto Sun, 9/27/2001] In May 2002, it will be reported that Canada has approved his deportation to the US, where he is wanted on several charges of passport forgery. [Canadian Broadcasting Corporation, 5/7/2002] It appears that in January 2003, he is convicted in the US on the forgery charges. [Washington Post, 6/12/2005]
On the morning of September 11, 2001, just hours before the 9/11 attacks begin, the Globe and Mail, Canada’s largest newspaper, reports a front page story entitled “Air-Travel Ban Keeps Rushdie Out of Canada.” The story notes that author Salman Rushdie was not allowed on an Air Canada flight into Canada on September 7, 2001, and he canceled a planned Canadian trip as a result. The article correctly notes that on September 6, the FAA “issued an emergency directive banning Mr. Rushdie from all flights in and out of the United States, reflecting a heightened state of alert” (see September 6, 2001). Rushdie is also having trouble flying inside the US because of the restrictions and one US flight he had recently scheduled had been canceled. The article says the FAA will not explain why the directive about Rushdie had been issued. [Globe and Mail, 9/11/2001] But the Daily Mail will later report that the CIA gave the FAA warning of a spectacular and imminent Muslim fundamentalist attack and the FAA incorrectly guessed this had to do with Rushdie traveling on a book tour (see Shortly Before September 6, 2001). Rushdie had been the subject of an Iranian fatwa (death threat) until it was lifted in 1998. He was in Houston, Texas, for a book reading as part of a North American book tour and planned to fly to Minneapolis on 9/11. [Milwaukee Journal Sentinel, 9/23/2001] This news report about the FAA’s heightened state of alert is only reported in the Globe and Mail before the 9/11 attacks begin. A search of the Lexis Nexus database shows articles about it in just six news sources in the weeks after the attacks. [United Press International, 9/11/2001; New York Post, 9/21/2001; Milwaukee Journal Sentinel, 9/23/2001; London Times, 9/27/2001; Ananova, 9/27/2001; Daily Mail, 10/7/2001]
Jackie Chan. [Source: Reuters]A scene for a Hollywood movie about a terrorist plot to blow up the World Trade Center was originally scheduled to be filmed at the top of one of the Twin Towers at this time, but the filming has been canceled because the script for the scene is late to arrive. [ABC News, 9/19/2001; Empire, 9/19/2001; Orlando Sentinel, 9/27/2002] The action-comedy movie, titled Nosebleed, which was written in 1999 (see February 1999-September 11, 2001), is set to feature the well-known martial artist and actor Jackie Chan as a window washer at the WTC who uncovers a terrorist plot to bomb the Twin Towers. [Variety, 2/7/1999; Entertainment Weekly, 9/24/2001]
Actor 'Would Probably Have Died' if Filming Took Place - Chan will later tell the Hong Kong newspaper Oriental Daily News, “Filming was scheduled to have taken place at 7:00 a.m. [on September 11] and… I had to be at the top of one of the towers for one of the scenes.” [ABC News, 9/19/2001; Empire, 9/19/2001] The scene, Chan will say, was going to be filmed at the “Top of the World restaurant.” [Orlando Sentinel, 9/27/2002] Presumably he is referring to Windows on the World, the restaurant at the top of the North Tower. Everyone who is in Windows on the World when Flight 11 hits the North Tower at 8:46 a.m. (see 8:46 a.m. September 11, 2001) will subsequently die. [NPR, 9/11/2003] Chan will comment, “I would probably have died if the shooting had gone ahead as planned.” Today’s filming at the WTC has been canceled, reportedly because the script for the scene that would have been filmed is late. [ABC News, 9/19/2001; Empire, 9/19/2001] “The action was good, but, somehow, the script not ready,” Chan will say.
Actor Is in Canada for Another Film - Instead of doing the scene for Nosebleed, Chan is in Toronto, Canada, where filming began the previous day for another movie he is starring in. That movie, The Tuxedo, is an action-comedy that Steven Spielberg is involved in producing. Chan will say of The Tuxedo, “I only did this movie because Steven Spielberg asked me himself.” [Reuters, 6/17/2001; Canoe, 7/11/2001; Orlando Sentinel, 9/27/2002] He will recall learning of the attacks in New York during filming, saying: “After the first shot, I turned around and everyone was looking at one monitor, and nobody had responded to me. They said, ‘Jackie, a plane crashed into the World Trade Center.’ Then we [saw] the second plane crash. We knew it was a terrorist attack and everyone started crying.” Chan will add, “The whole day I was like a walking dead man.” [Columbia Chronicle, 9/23/2002]
Actor Learned 'Secrets' of the WTC in Preparation for Film - Chan has done a lot of groundwork for Nosebleed. “We had visited the [WTC] before September 11,” he will recall. “The producer. My manager. We had dinner upstairs. We were getting all kinds of information. I was going to play a window washer, so they were telling me things like how many windows the building had.” Chan has therefore learned “the ‘secrets’ of the towers—how air pressure was regulated with doors that might be useful as gags in one of his trademark fights—which sides of the buildings one could work on to avoid the wind,” according to the Orlando Sentinel. [Orlando Sentinel, 9/27/2002; Rocky Mountain News, 9/28/2002] Production of Nosebleed will be canceled as a result of the 9/11 attacks. [PBS, 10/24/2001; Village Voice, 12/4/2001]
NORAD’s Northeast Air Defense Sector (NEADS) receives a call from a NORAD unit in Canada, reporting another suspected hijacked aircraft that is heading south from Canada, across the border toward Washington, DC. [Vanity Fair, 8/1/2006]
Aircraft Reported on Chat System - A member of staff at NEADS relays to their colleagues that the aircraft is from an “unknown departure airport, heading towards Washington,” but they do not “know any codes or anything” else about it. [North American Aerospace Defense Command, 9/11/2001] Another member of staff at NEADS calls the Canadian unit for more information. A Lance Corporal Nicholson there says only that he has seen “something on the chat” about a “possible” aircraft. [North American Aerospace Defense Command, 9/11/2001; North American Aerospace Defense Command, 9/11/2001] (Nicholson is presumably referring to NORAD’s computer chat system. [Spencer, 2008, pp. 139] )
Fighter Unit Contacted - According to author Lynn Spencer, NEADS battle commander Colonel Robert Marr contacts a military unit in Syracuse, New York, to get fighter jets sent after the suspicious flight. [Spencer, 2008, pp. 223] However, the first jets to launch from Syracuse will not take off until 10:42 a.m. (see 10:42 a.m. September 11, 2001). [Post-Standard (Syracuse), 9/12/2001]
Report Is a False Alarm - The suspected hijacking is soon revealed to be a false alarm. Nicholson will call from Canada and tell NEADS: “Be advised… that our [intelligence team] is not assessing that there is an actual aircraft problem. It’s just that there could be problems from our area.… There’s no actual aircraft that we suspect as being a danger.” He will add that his intelligence people “haven’t got any particular aircraft in mind.” [North American Aerospace Defense Command, 9/11/2001; Vanity Fair, 8/1/2006]
Numerous Erroneous Reports - This is one of the numerous mistaken reports of hijackings received during the course of the morning (see (9:09 a.m. and After) September 11, 2001). According to Vanity Fair: “In the barrage of information and misinformation, it becomes increasingly difficult for the controllers [at NEADS] to keep count of how many suspected hijackings are pending. So far, it is known that three have hit buildings, but given the uncertainty about the fates of American 11 and American 77—no one knows yet that this is the plane that hit the Pentagon—the sense at NEADS is that there are possibly three hijacked jets still out there, and who knows how many more yet to be reported.” At the time NEADS is informed of the suspicious aircraft coming in from Canada, “no one on the military side is aware that United 93 has been hijacked.” [Vanity Fair, 8/1/2006]
The Royal Canadian Mounted Police (RCMP) in Whitehorse, Yukon Territory, Canada, receives conflicting information from the military and other government agencies regarding a Korean Airlines passenger jet that is mistakenly considered hijacked and has been instructed to land at Whitehorse Airport. [Yukon Government, 11/13/2001, pp. 14-16, 35-36 ; Spencer, 2008, pp. 277-278]
Plane Redirected to Whitehorse - Korean Airlines Flight 85, a Boeing 747, was due to land in Anchorage, Alaska, for a refueling stop. The plane has not been hijacked, but its pilots have given indications that it is hijacked (see (Shortly Before 12:00 p.m.) September 11, 2001 and 1:24 p.m. September 11, 2001). Because Flight 85 has less than an hour’s worth of fuel remaining, it is agreed that the plane should land at Whitehorse Airport (see (Shortly After 1:24 p.m.) September 11, 2001). [Alaska Legislature. Joint Senate and House Armed Services Committee, 2/5/2002; Anchorage Daily News, 9/8/2002]
Aircraft Hijacked or Low on Fuel? - Whitehorse RCMP is first alerted to Flight 85 at 1:25 p.m., when Winnipeg RCMP informs it that Canada’s Department of National Defence (DND) is saying the flight is indicating a hijacking situation, and more information will be forthcoming. Ten minutes later, the DND contacts Whitehorse RCMP itself, saying a potentially hijacked Korean Airlines 747 is en route to Whitehorse Airport. At 1:55 p.m., Transport Canada similarly alerts Whitehorse RCMP to the potentially hijacked Korean Airlines 747 en route to Whitehorse. Then, at 2:13 p.m., Transport Canada Winnipeg advises Whitehorse RCMP that it has received a report from the Transport Canada Situation Center in Ottawa that Flight 85 has been hijacked and is near Whitehorse. However, while the DND and Transport Canada say Flight 85 is under hijack status, at 2:20 p.m. NORAD calls Whitehorse RCMP and says the flight is not hijacked, but instead a low fuel emergency. Nine minutes later, though, NORAD calls again and says Flight 85 might indeed be hijacked, as communications anomalies with the aircraft’s pilot remain suspicious. Due to the conflicting reports it is receiving, Whitehorse RCMP decides to err on the side of caution, and considers Flight 85 to be both hijacked and low on fuel until investigations prove otherwise.
Conflicting Arrival Times - Whitehorse RCMP also receives two significantly different reports of when Flight 85 is due to arrive at Whitehorse Airport. At 1:45 p.m., NORAD informs it that the aircraft is 400 miles away and due to arrive in one hour. But 10 minutes later, Transport Canada says the flight is estimated to be arriving in just 12 minutes, meaning around 2:07 p.m. [Yukon Government, 11/13/2001, pp. 14-16, 35-36 ] Flight 85 will eventually land without incident at Whitehorse Airport at 2:54 p.m. (see 2:54 p.m. September 11, 2001). [USA Today, 8/12/2002; Anchorage Daily News, 9/8/2002]
Jean ChrÃ©tien. [Source: University of Alberta]Canadian Prime Minister Jean Chrétien gives his authorization for US fighter jets to shoot down a passenger jet that is suspected of being hijacked, if necessary. [Globe and Mail, 9/12/2002] Korean Airlines Flight 85 is a Boeing 747 heading to New York, but due to land in Anchorage, Alaska, for a refueling stop. Although the plane has not been hijacked, its pilots have given indications that it is hijacked (see (Shortly Before 12:00 p.m.) September 11, 2001 and 1:24 p.m. September 11, 2001). NORAD has therefore scrambled fighter jets to follow it (see (12:00 p.m.) September 11, 2001). [USA Today, 8/12/2002] Lieutenant General Norton Schwartz, the commander of the Alaskan NORAD Region, has ordered air traffic controllers to turn Flight 85 away from Anchorage, and said he would have it shot down if it refused to divert (see (Shortly After 1:24 p.m.) September 11, 2001). [Spencer, 2008, pp. 278] According to the Globe and Mail, the command of the Canadian NORAD Region, in Winnipeg, agreed that “the airliner could enter Canadian airspace accompanied by the US fighters, but insisted the decision to shoot it down must be the Canadian government’s.” Now, Chrétien receives a phone call from a Canadian NORAD commander. He is told Flight 85 might have to be shot down. Chrétien replies, “Yes, if you think they are terrorists, you call me again, but be ready to shoot them down.” Chrétien will later state, “I authorized [the shootdown] in principle.” Reflecting on the difficult decision he makes, he will say: “It’s kind of scary that… [there is] this plane with hundreds of people and you have to call a decision like that.… But you prepare yourself for that. I thought about it—you know that you will have to make decisions at times that will [be] upsetting you for the rest of your life.” [Globe and Mail, 9/12/2002; National Post, 9/12/2002] Flight 85 is redirected to Whitehorse Airport in Canada, and will land there safely at 2:54 p.m. (see 2:54 p.m. September 11, 2001). [Spencer, 2008, pp. 278]
A Korean Airlines 747 at Whitehorse Airport. [Source: Government of Yukon]A Korean Airlines passenger jet that is mistakenly considered hijacked and is low on fuel lands without incident at Whitehorse Airport, in Canada’s Yukon Territory. [USA Today, 8/12/2002; Anchorage Daily News, 9/8/2002]
Plane Still Transmitting Hijack Signal - Korean Airlines Flight 85 is a Boeing 747 with 215 people on board, and was on its way from Seoul, South Korea, to New York. Although it has not been hijacked, for reasons that are unclear, its pilots have given indications that the plane has been hijacked (see (Shortly Before 12:00 p.m.) September 11, 2001 and 1:24 p.m. September 11, 2001). Flight 85 was due to land in Anchorage, Alaska, for a refueling stop, but has been diverted to Whitehorse (see (Shortly After 1:24 p.m.) September 11, 2001). The aircraft is still transmitting a beacon code indicating it is hijacked, 90 minutes after its pilots switched the transponder to that code. [USA Today, 8/12/2002; Spencer, 2008, pp. 257, 277-278] Fighter jets that launched to follow Flight 85 (see (12:00 p.m.) September 11, 2001) have escorted the plane all the way from Alaska to Whitehorse. [Canadian Broadcasting Corporation, 9/12/2001; USA Today, 8/12/2002; Anchorage Daily News, 9/8/2002]
Schools and Government Buildings Evacuated - Because hijacking is a criminal activity, the Whitehorse Royal Canadian Mounted Police (RCMP) has taken charge of the local response to Flight 85. The RCMP removed children from schools and evacuated buildings that are considered probable targets for terrorist attacks, including the Yukon government’s main administration building and Whitehorse City Hall. All non-essential members of staff have been evacuated from the Whitehorse Airport terminal building; a security perimeter has been established around the airport; and part of the Alaska Highway has been closed. [Yukon Government, 11/13/2001, pp. 14-15 ] Police suggested that downtown businesses and residents evacuate, but most have not done so.
Co-Pilot Escorted off Plane at Gunpoint - Flight 85 now lands at Whitehorse Airport safely and without incident, and is directed to a secluded area on the tarmac. [Anchorage Daily News, 9/29/2001; USA Today, 8/12/2002; Anchorage Daily News, 9/8/2002] Heavily armed members of the RCMP surround it. [Canadian Press, 9/12/2001; United Press International, 9/12/2001] A single RCMP officer then walks up the plane’s steps and asks to speak with a member of the flight crew. The co-pilot subsequently emerges and is escorted off the plane at gunpoint. [Anchorage Daily News, 9/29/2001] One witness to the incident will later recount, “He had everyone drawing down on him and he had to take some clothes off, wave his shirt in the air and all that.” [Canadian Press, 9/12/2001] The rest of the crew and the passengers will be escorted off the plane later on, around 5:10 p.m. The passengers will be instructed to leave all their personal items, including their carry-on luggage, on the aircraft. [Anchorage Daily News, 9/29/2001; Yukon Government, 11/13/2001, pp. 17 ; Anchorage Daily News, 9/8/2002] The fighters that escorted Flight 85 to Whitehorse will circle above the airport while the plane is being inspected. [Canadian Broadcasting Corporation, 9/12/2001] The RCMP will finally confirm that Flight 85 had not been hijacked early the following morning (see September 12, 2001). [Yukon Government, 11/13/2001, pp. 18 ]
Reasons for Landing at Whitehouse Unclear - Although it was reportedly because of the plane’s lack of fuel that it was decided to land Flight 85 at Whitehorse Airport, a report published by the government of Yukon in November 2001 will state: “The question of why this potentially dangerous aircraft was directed to Whitehorse rather than another airport remains unanswered by senior national agencies, the [FAA], NORAD, and Transport Canada.… [Q]uestions about the decision-making process to re-direct [Flight 85] to Whitehorse have not been answered in any significant detail.” The report will add, “It is expected that greater detail on this will not be forthcoming from these agencies in the short-term.” [Yukon Government, 11/13/2001, pp. 5 ; Anchorage Daily News, 9/8/2002]
Ben Sliney, the national operations manager at the FAA’s Herndon Command Center, announces that the last of the aircraft inbound to the United States has landed. [Spencer, 2008, pp. 279] At 10:21 a.m., the FAA ordered the diversion of all international flights inbound to the US (see 10:21 a.m. September 11, 2001). Most flights that were close to US shores then headed for Canada, while other flights headed back to the airports they had come from. [Time, 9/14/2001; Federal Aviation Administration, 3/21/2002 ] In total, 239 diverted aircraft have landed at Canadian airports. Most of them had been heading to the US from Europe. [NAV Canada, 7/22/2005]
One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number. [Source: Public domain via Wikipedia]A secret arrangement is made in Brussels, Belgium, by all members of NATO. Lord George Robertson, British defense secretary and later NATO’s secretary general, will later explain NATO members agree to provide “blanket overflight clearances for the United States and other allies’ aircraft for military flights related to operations against terrorism.” [London Times, 11/25/2007] Over 700 prisoners will fly over NATO countries on their way to the US-controlled Guantanamo prison in Cuba beginning in 2002 (see January 14, 2002-2005).
Conditions of Transfer - According to a 2007 report by the International Committee of the Red Cross (ICRC—see March 15, 2009), detainees flown on CIA rendition flights would be:
Photographed both clothed and naked;
Subjected to body cavity (rectal) searches, with some detainees later alleging that they were administered suppositories of some sort;
Dressed in a diaper and a tracksuit, with earphones placed over the ears (through which shatteringly loud music would sometimes be played), a blindfold, black goggles, and sometimes cotton wool placed over the eyes;
Shackled by hands and feet, and thus carried onto an airplane, where they would remain, without toilet privileges, from one to 30 hours.
The prisoners would usually be allowed to sit upright, but the ICRC will later find that on “some occasions detainees were transported lying flat on the floor of the plane… with their hands cuffed behind their backs,” causing them “severe pain and discomfort,” as they were moved from one location to another. [New York Review of Books, 3/15/2009]
Five major US television networks agree to self-censor their news broadcasts of statements by Osama bin Laden and his associates. The agreement, made by ABC, CBS, NBC, CNN, and Fox News, comes after a conference call between National Security Adviser Condoleezza Rice and the heads of the networks; Rice’s call comes after White House press secretary Ari Fleischer warns reporters that statements from suspected terrorists could contain anything from incitement to coded messages, and asks them not to print full transcripts of bin Laden’s messages (see October 10, 2001). [BBC, 10/11/2001; Rich, 2006, pp. 31] Rice asks that, instead of automatically airing bin Laden videotapes, news executives should carefully review the tapes and remove any “inflammatory language” before broadcasting. [Current Events, 11/9/2001] The networks say they will now review them first, and edit or censor them as needed. While the American news networks are willing to comply with Rice’s recommendation, the Arab news network Al Jazeera disagrees: chief editor Ibrahim Halil says, “I don’t think the United States, which taught the world about freedom of expression, should now begin to limit it.” Al Jazeera has been the first to broadcast many of the statements in question, broadcasts which were often picked up by American news networks and shown in their entirety. [BBC, 10/11/2001]
'A Silky Form of Censorship' - According to the New York Times, the five networks have never before consulted one another as a group and made such a collective policy decision about news coverage. The executives deny that they were threatened or pressured by Rice or any other White House officials: “Ms. Rice made no specific request of news organizations, other than that we consider the possible existence of such messages in deciding whether and how to air portions of al-Qaeda statements,” says an ABC spokesman. They also deny that the decision amounts to censorship. CBS says it is committed to “responsible journalism that informs the public without jeopardizing American lives.” CBS president Andrew Heyward says: “The issue… was raised by the transmission of unedited, extended propaganda messages from a terrorist group… with the will to kill thousands of people. No network wants to serve as the platform for that propaganda.” And Fox News chairman Roger Ailes notes that “[Rice] was very, very careful to talk about freedom of the press and not to suggest how we do our job.” Matthew Felling of the Center for Media and Public Affairs, a media watchdog group, has a different view. He calls the decision “a silky form of censorship.” Network executives say that the likelihood of bin Laden using his statements to send coded messages to “sleeper” agents in the US is unlikely, and if he is, the agents could get the statements from printed transcripts or Internet video. “What sense would it make to keep the tapes off the air if the message could be found transcripted in newspapers or on the Web?” one executive asks. “The videos could also appear on the Internet. They’d get the message anyway.” [BBC, 10/11/2001; Current Events, 11/9/2001]
Notion that Censorship Could Disrupt Al-Qaeda Communications Fantastical, Says Media Critic - Author and media critic Frank Rich is fascinated by the assumptions behind Rice’s assertions: in 2006, he will write that the Bush administration “entertain[s] at least a passing fantasy that al-Qaeda, despite its access both to the Internet and to the Arabic superstation Al Jazeera… could be disrupted by having its videos kept off the likes of Fox.” The administration’s “ambitions to manage the news [knows] no bounds.” [Rich, 2006, pp. 31]
British Broadcasters Refuse Similar Request - A similar request by the British government is flatly refused; the BBC issues a short statement reading, “Government interference will be resisted.” The Canadian government does not issue such a request, leaving the decision of whether to air unedited broadcasts of the terrorists’ statements up to news executives and editors. [Toronto Star, 9/8/2002]
Entity Tags: Bush administration (43), Al Jazeera, Center for Media and Public Affairs, CNN, Andrew Heyward, Ari Fleischer, Al-Qaeda, CBS News, ABC News, New York Times, Roger Ailes, Fox News, Condoleezza Rice, Ibrahim Halil, Frank Rich, Matthew Felling, NBC News, British Broadcasting Corporation
Timeline Tags: Domestic Propaganda
The Canadian government overrides Bayer’s patent for the anthrax antibiotic Cipro and orders a million tablets of a generic version from another company. The US government says it is not considering a similar move. Patent lawyers and politicians state that adjusting Bayer’s patent to allow other companies to produce Cipro is perfectly legal and necessary. [New York Times, 10/19/2001] The New York Times notes that the White House seems “so avidly to be siding with the rights of drug companies to make profits rather than with consumers worried about their access to the antibiotic Cipro,” and points out huge recent contributions by Bayer to Republicans. [New York Times, 10/21/2001]
[Source: Public domain via CBC]Hassan Almrei, a Syrian national and an associate of Nabil al-Marabh, is arrested in Canada. He was al-Marabh’s Toronto apartment roommate in early 2001. Canadian authorities say Almrei’s honey and perfume business in the Middle East helped finance al-Qaeda. Following a raid on his apartment, police say they confiscated computers and disks that hold information about Osama bin Laden, numerous images of bin Laden and other al-Qaeda members, a hijacking planner, diagrams of plane cockpits and military weapons, and copies of passports and official IDs. Within a week of his arrest, the Canadian government declares Almrei a “threat to national security” and announces its intention to deport him to Syria. The Federal Court of Canada will later agree with investigators that Almrei is a “a member of an international network of extremist individuals who support the Islamic extremist ideals espoused by Osama bin Laden,” and was “involved in a forgery ring with international connections that produces false documents.” The court will approve his deportation. [Canadian Broadcasting Corporation, 10/27/2001; Toronto Sun, 1/14/2002; ABC News 7 (Chicago), 1/31/2002] Almrei will admit to attending training camps in Afghanistan and lying about his past to get into Canada as a refugee claimant in 1999, but will deny any link to al-Qaeda. As of late 2005, he will still be in a Canadian prison, appealing his deportation. He will say he fears death or torture if he is returned to Syria. [Toronto Sun, 10/20/2005] Almrei will be released from prison in Canada in December 2009 when he wins an appeal against the security certificate he is being held under. The judge, Justice Richard Mosley, says there were “reasonable grounds to believe that Hassan Almrei was a danger to the security of Canada when he was detained in 2001, [but] there are no longer reasonable grounds to believe that he is a security risk today.” [Toronto Star, 12/15/2008]
ATS Automation Tooling Systems of Canada begins marketing its Spheral Solar technology for producing solar cells. The ATS cells use tiny silicon beads bonded between two sheets of aluminum foil. The cells are much lower in cost than multicrystalline silicon solar cells. The technology was invented by Texas Instruments in the early 1990s, but that firm did not follow up on initial research. [US Department of Energy, 2002 ]
A study conducted by three University of Manitoba biologists finds that contamination of Pedigreed canola seed with seeds containing transgenic genes is widespread. In the study, seed was collected from several pedigreed seed lots that were supposed to be free of genetically altered genes that make plants herbicide-resistant. The seeds were used to plant 33 fields, which were then sprayed with Roundup, Liberty, and the Smart-trait herbicide. After the herbicide application, only one field contained no survivors. Of the 27 seedlots, 14 had contamination levels exceeding 0.25 percent and therefore failed the 99.75 percent cultivar purity guideline for certified canola seed. For three of the seedlots, contamination levels were higher than 2.0 percent. “That means one wrong seed in 400, if a farmer is seeding between 100 and 120 seeds per square yard. That means you would have a Roundup-resistant plant every couple of square yards,” explains plant biologist Lyle Friesen. “In a less competitive crop where you can mix products like 2,4-D or MCPA, that becomes a real problem and the volunteers set seed and become a real problem for next year.” Friesen tells the Manitoba Co-operator that, as far as canola is concerned, the “genie may be out of the bottle.” [Manitoba Co-operator, 8/1/2002; Friesen, Nelson, and van Acker, 2003]
Canadian Prime Minister Jean Chretien and US President George Bush meet in Detroit to discuss policy towards Iraq as well as security measures along the US-Canadian border initiated after September 11. Chretien later tells reporters that Bush said that Saddam Hussein’s alleged ties to militant Islamic groups was “not the angle they’re exploring now. The angle they’re exploring is the production of weapons of mass destruction.” [Washington Post, 9/10/2002; CNN, 9/10/2002]
Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. [Washington Post, 11/19/2003] Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. [Washington Post, 11/20/2003] In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” [Amnesty International, 8/19/2003; CounterPunch, 11/6/2003; CBS News, 1/22/2004; Washington Post, 5/11/2004; CBC News, 11/26/2004; Maher Arar, 1/15/2005]
A Toronto Star editorial entitled “Pursue the Truth About September 11” strongly criticizes the government and media regarding 9/11: “Getting the truth about 9/11 has seemed impossible. The evasions, the obfuscations, the contradictions and, let’s not put too fine a point on it, the lies have been overwhelming.… The questions are endless. But most are not being asked—still—by most of the media most of the time.… There are many people, and more by the minute, persuaded that, if the Bushies didn’t cause 9/11, they did nothing to stop it.” [Toronto Star, 11/17/2002]
Mohammed Asghar [Source: CBC]A member of a document-forging and smuggling ring is arrested in Canada in late October 2002. The suspect, Michael Hamdani, tells authorities about a cell of 19 terrorists seeking false passports from a Pakistani smuggling ring in order to gain entry to the US, with five successfully infiltrating the country via Canada on Christmas Eve. [ABC News, 1/6/2003] He tells the FBI that he had been offered a large sum of money to assist with the smuggling of the five men into the US. He admits that he was part of the smuggling and counterfeit document ring; officials also believe that Hamdani has links to terrorist groups. [Washington Post, 1/3/2003] As a result, on December 27, 2002, the FBI issues an all-points bulletin that launches a massive effort by law enforcement officials who fear terrorist attacks over the holiday period. The bulletin is approved by President Bush, who says publicly, “We need to know why they have been smuggled into the country and what they’re doing in the country.” The FBI posts pictures of five of the men on its website, warning that the provided names and ages could be fictitious. They also raid six locations in Brooklyn and Queens. These pictures lead to numerous calls and sightings of the men from around the country. [ABC News, 1/6/2003] During the course of the investigation, an unsubstantiated report surfaces; the FBI learns from a Middle East source that terrorists are planning eight diversionary explosions in New York harbor on New Year’s Eve, to be followed by one large-scale genuine attack. The target is identified as the US Secret Service office in Manhattan. The New York Police Department alerts the US Coast Guard, which closes the harbor to pleasure craft and scrambles a 100-person Maritime Safety and Security Team. This team patrols the harbor with boats mounted with heavy machine guns and carrying tactical officers armed with automatic weapons. No other evidence ever emerges to support the FBI’s source. [Time, 1/5/2003] The man pictured as Mustafa Khan Owasi in one of the FBI photos is found a few days later in Pakistan. [ABC News, 1/6/2003] He says he had once tried to get a false visa in order to travel to Britain, but had been caught in the United Arab Emirates and returned to his home in Lahore, Pakistan. His real name is Mohammed Asghar and he works as a jeweler. He says he suspects the forgers that he provided his information to in order to receive the false visa may have used his identity to create papers for someone else. Investigators begin to doubt the veracity of Hamdani’s claims. [CBC News, 1/2/2003] US experts also find that the polygraph exam of Hamdani administered by Canadian authorities was seriously flawed. The assumption that this polygraph exam was accurate was one of the main motives in issuing the alert. Officials also fail to find any link between Hamdani and al-Qaeda, or any other radical militant organization. No links are discovered between the identities in the passports and extremist groups. [ABC News, 1/6/2003] The FBI realizes that the infiltration story had been fabricated by Hamdani and retracts the terror alert on New Year’s Day. [Time, 1/5/2003] The retraction of the terror alert leads to criticism of the FBI. Michael Greenberger, a former Justice Department official who heads the University of Maryland’s Center for Health and Homeland Security, says, “There is going to be a sort of ‘crying wolf’ scenario… When they put these out, there should be a more thorough explanation to the American public about what they’re doing.” The FBI defends its handling of the situation, saying that it reacted appropriately to the possibility of a real threat and noting that some of Hamdani’s information on the smuggling ring was accurate and led to ten (non-terrorism related) arrests. [Washington Post, 1/8/2003] Hamdani was already facing fraud charges in Canada after the raid that led to his arrest discovered fake passports, Pakistani driving licenses, immigration documents, and counterfeit traveler’s checks. He also had outstanding fraud warrants from the FBI in New York and the Royal Canadian Mounted Police. The FBI believes that Hamdani fabricated the story to avoid extradition to Canada. [ABC News, 1/6/2003] One investigator says, “You wouldn’t trust him as far as you could throw him.” [Time, 1/5/2003]
Denis Paradis, Canada’s Secretary of State for Latin America, hosts a two-day meeting at the Meech Lake Lodge called the “Ottawa Initiative.” The meeting is designed to look at the current situation in Haiti, and is held without public access. In attendance are two high-ranking officials from the US State Department, officials from France, EU, El Salvador, and Canada. No one from Haiti is invited. What is discussed at the meeting is kept secret until it is leaked in March (see March 22, 2005). [News Haiti, 8/28/2004]
The Mexican government, after weeks of negotiation with protesting farmers (see January 30, 2003), signs the National Rural Accord (also known as the National Agreement for the Countryside and the Development of Rural Society). The accord announces that the government will make “sweeping changes to rural infrastructure and state farm policy to modernize Mexico’s outdated agricultural system.” As part of the agreement, Mexico will also ask the US and Canada to allow for protection of Mexico’s rural economy, and review the possibility of implementing mechanisms against dumping and unfair competition. [Reuters, 4/28/2003; Fanjul and Fraser, 8/2003, pp. 23 ]
Matt Drudge. [Source: Brian K. Diggs / Associated Press]ABC News correspondent Jeffrey Kofman, embedded with the 3rd Infantry Division in Fallujah, interviews US soldiers angry that their tours of duty have been extended just a week after Defense Secretary Donald Rumsfeld promised they would be going home. One soldier says he would like to ask Rumsfeld “why we’re still here, ‘cause I don’t, I don’t have any clue as to why we’re still in Iraq.” Another soldier says, “I’d ask for his resignation.” Within hours after Kofman’s report is broadcast, conservative news and gossip monger Matt Drudge attempts to damage Kofman’s credibility by printing a story under the headline, “ABC News Reporter Who Filed Troops Complaint Story—Openly Gay Canadian.” (Eight minutes later, he changes the headline to read, “ABC News Reporter Who Filed Troops Complaint Story is Canadian.”) Drudge credits the information about Kofman, who is both openly gay and Canadian, to “someone from the White House communications shop.” [New York Times, 7/20/2003; Rich, 2006, pp. 101] Drudge later identifies White House press secretary Scott McClellan as his source; the White House denies having anything to do with the story. McClellan himself says that for him to have made such a leak to Drudge would have been “totally inappropriate, [and if] anyone on my staff did it, they would no longer be working for me.” Four days later, Toronto Star columnist Antonia Zerbisias writes that the White House, via Drudge, tried to besmirch Kofman because the reporter “gave voice to American troops stationed in Iraq who spoke out against the war—or rather the ‘peace’—while calling for… Rumsfeld’s resignation.” Drudge himself blames the controversy over his story on what he calls “the cultural wars-slash-liberal bias in the media.” [Toronto Star, 7/19/2003; New York Times, 7/20/2003] New York Times columnist Maureen Dowd will observe: “Bush loyalists regularly plant information they want known in the Drudge Report. Whoever [did so] was appealing to the baser nature of President Bush’s base, seeking to discredit the ABC report by smearing the reporter for what he or she considers sins of private life (not straight) and passport (not American).” [New York Times, 7/20/2003] Pamela Strother of the National Gay and Lesbian Journalists Association later says: “While the facts behind this reported smear are unclear, the news coverage itself and the implications are very serious for all journalists and equally troubling for the American public.… Whenever the coverage of a lesbian or gay journalist or the nationality of a reporter is criticized and discredited simply because of the individual’s birthright or sexual orientation, that is a form of dangerous intimidation and a potential professional libel.” [Washington Blade, 7/25/2003]
A study conducted by Harvard University and the Canadian Institute for Health Information finds that administrative costs in America’s health care system are almost twice that of Canada. The study, published in the New England Journal of Medicine, reports that the US health bureaucracy consumes 31 percent of total health care spending. By comparison, Canada’s administrative expenses amount to only 16.7 percent. Steffie Woolhandler of Harvard, who led the team, says if the US were to adopt a single-payer health care system like Canada, the funds saved would be enough to provide insurance for the more than 41 million uninsured Americans. [Woolhandler, Campbell, and Himmelstein, 2003; Toronto Star, 8/21/2003]
The Department of Homeland Security (DHS) issues an advisory warning that al-Qaeda is working on plans to hijack airliners flying between international points that pass near or over the continental US. The DHS spokesman states that most of the flights fitting this description would originate in Canada. Reasons for this advisory include concerns regarding the second anniversary of the 9/11 attacks, a recent increase in intelligence information, and threats to aviation that continued through the summer. However, the advisory states that the information is not specific enough to raise the National Alert Level from yellow to orange. The advisory contains non-specific warnings about multiple attacks against “soft” targets in both the US and abroad. [CNN, 9/5/2003] No such attacks occur.
Under pressure from the United States and European countries, the 35-member governing board of the International Atomic Energy Agency (IAEA) passes a strongly worded resolution requiring Iran to comply with a number of demands related to its nuclear program by October 31. The action is spurred in part by a recent discovery of traces of highly enriched, weapons-grade uranium at an Iranian nuclear facility. The resolution—sponsored by Australia, Canada, and Japan—states that Iran must suspend all uranium enrichment activities, submit a full declaration of all imported material for its uranium enrichment program, and grant IAEA inspectors unfettered access to all its facilities. Iran must also “promptly and unconditionally” agree to an additional protocol that would give IAEA inspections more access than currently required by the Nuclear Non-Proliferation Treaty (NPT). [International Atomic Energy Agency. Board of Governors., 9/12/2003 ; Associated Press, 9/13/2003; China Daily, 9/13/2003; Daily Telegraph, 9/13/2004] The US, which has long argued that Iran has a secret nuclear weapons program, said in a statement before the resolution was passed that it believed “the facts already established by the agency about Iran’s nuclear program would fully justify an immediate finding of non-compliance by Iran with its safeguards obligations.” A finding of non-compliance would bring the issue before the UN Security Council, which could then levy sanctions on Iran. The other members of the board disagreed with the US position, instead arguing in favor of giving Iran “a last chance.” [US Department of State, 9/12/2003; Associated Press, 9/13/2003] After the passing of the resolution, the Iranian delegation storms out in protest. Iran’s ambassador to the United Nations in Vienna, Ali Akbar Salehi, issues a veiled threat that Iran might withdraw from the NPT. “We will have no choice but to have a deep review of our existing level and extent of engagement with the agency vis-a-vis this resolution,” he says. He also states, “It is no secret that the current US administration… entertains the idea of invasion of yet another territory as they aim to re-engineer and reshape the entire Middle East region.” [Associated Press, 9/13/2003] In Washington, a US official tells Reuters, “This time we hope there’s not going to be a way to escape because this resolution is really tightening the noose on them.” If Iran is declared in non-compliance, the official adds, “Iran will forfeit its right to share nuclear technology for peaceful purposes” and Russia will not be able to provide nuclear fuel for Iran’s Bushehr nuclear plant. [China Daily, 9/13/2003]
Abdullah Almalki. [Source: Tom Hanson / Canadian Press]A month after his transfer to the Sednaya prison in Syria (see August 19, 2003), Maher Arar meets another prisoner he recognizes as Abdullah Almalki, the man he was questioned about a year before (see September 26, 2002) in New York. “His head was shaved, and he was very, very thin and pale. He was very weak.” Almalki is in far worse shape than Arar. “He told me he had also been at the Palestine Branch, and that he had also been in a grave like I had been except he had been in it longer. He told me he had been severely tortured with the tire, and the cable. He was also hanged upside down. He was tortured much worse than me. He had also been tortured when he was brought to Sednaya, so that was only two weeks before.” [CBC News, 11/26/2004]
A memo is distributed inside the 9/11 Commission discussing the problem of government minders attending 9/11 Commission interviews. The memo, entitled “Executive Branch Minders’ Intimidation of Witnesses,” is written by three staffers on the Commission’s Team 2, which reviewed the overall structure of the US intelligence community. The authors are Kevin Scheid, a senior staffer who led the team; Lorry Fenner, an Air Force intelligence officer; and lawyer Gordon Lederman. The complaint is sent to the Commission’s counsels, Daniel Marcus and Steven Dunne, about halfway through the Commission’s 19-month life. [9/11 Commission, 2003; 9/11 Commission, 10/2/2003; Shenon, 2008, pp. 87-88, 156]
Minder Interference - Typically, if a witness to be interviewed is from a government agency, such as the FBI, then one or more FBI “minders” also attend the interview. But the Team 2 memo makes clear that these minders are not simply passive observers. The memo complains: “When we have asked witnesses about certain roles and responsibilities within the intelligence community, minders have preempted witnesses’ responses by referencing formal policies and procedures. As a result, witnesses have not responded to our questions and have deprived us from understanding the intelligence community’s actual functioning and witnesses’ view of their roles and responsibilities.”
Minder Intimidation - Furthermore: “[M]inders have positioned themselves physically and have conducted themselves in a manner that we believe intimidates witnesses from giving full and candid responses to our questions. Minders generally have sat next to witnesses at the table and across from Commission staff, conveying to witnesses that minders are participants in interviews and are of equal status to witnesses.” Sometimes, minders simply “answer questions directed at witnesses.” The memo also registers concern that minders take “verbatim notes of witnesses’ statements,” and this “conveys to witnesses that their superiors will review their statements and may engage in retribution.” Furthermore, the verbatim note-taking “facilitates agencies in alerting future witnesses to the Commission’s lines of inquiry and permits agencies to prepare future witnesses either explicitly or implicitly.” The memo states that “the net effect of minders’ conduct, whether intentionally or not, is to intimidate witnesses and to interfere with witnesses providing full and candid responses.”
Not Just Team 2 - The memo makes clear that the problems are not occurring only with witnesses talking to Team 2, but also in “other teams’ interviews.” A hand-written note on a draft of the memo says, “not one agency or minder—also where we’ve sat in on other teams’ interviews.” [9/11 Commission, 10/2/2003]
Trip to Canada Provides Example - Minders are mentioned in passing in many other 9/11 Commission documents. One memo entitled “Canada Trip Lessons Learned” provides more details about how minders behave. The memo is undated, but appears to have been written by staffer Gordon Lederman in the autumn of 2003. The memo complains that one minder “acted as a participant,” “responded to inquiries,” and “consulted with” the witnesses during several interviews. This minder took verbatim notes while sitting next to witnesses, and in one interview, “sighed heavily repeatedly.” The memo further notes that the minder “had an opportunity to coach/poison the well with” the witness “at dinner the night before and with others before they arrived.” It is unclear which agency this minder is from, although she is an intelligence community attorney. The memo also complains about another minder: “He sat next to the subjects in at least two [interviews]. He responded to questions and even asked a question.” Furthermore, “He sought to describe Canadian system/organization while there were three Canadians there to talk to us.” He even invited another minder to attend a later interview; the memo notes that it should have been the 9/11 Commission staff inviting the minders. [9/11 Commission, 2003]
Proposed Action - The memo does not propose that minders should be banned from interviews, but instead suggests a set of rules governing minder conduct. For example, minders should keep a “low profile,” sit out of witnesses’ sight, not take verbatim notes, and not answer any questions directed at the witnesses. The memo also proposes that there should be only one minder per witness, which reveals that witnesses being outnumbered by minders is a common problem. [9/11 Commission, 10/2/2003]
9/11 Commissioners Ignorant or Dishonest about Minders - It is not known if any of the proposals are implemented. However, no documentary evidence will emerge to suggest they are implemented. Furthermore, the heads of the Commission appear to be either oblivious or dishonest regarding the role of minders. In early July 2003, Commission chairman Tom Kean, a Republican, discussed minders in a press briefing, saying: “I think the Commission feels unanimously that it’s some intimidation to have somebody sitting behind you all the time who you either work for or works for your agency. You might get less testimony than you would” (see July 7, 2003). [New York Times, 7/8/2003] But at a later press briefing on September 23, 2003, Kean no longer saw minders as intimidating. Instead, he said: “Talking to staff, what they have told me is that as they’ve done these interviews, that the interviewees are encouragingly frank; that they by and large have not seemed to be intimidated in any way in their answers.… I’m glad to hear that it’s—from the staff that they don’t feel it’s inhibiting the process of the interviews.” In the same press briefing, vice chairman Lee Hamilton, a Democrat, commented, “it is our feeling that thus far, the minders have not been an impediment, in almost all cases.” He added that there were “one or two instances where the question has arisen,” but, “neither are we aware at this point that the presence of a minder has substantially impeded our inquiry. And nor have we run into a situation where we think a witness has refrained from speaking their minds” (see September 23, 2003). These comments were made just nine days before the previously discussed memo entitled “Executive Branch Minders’ Intimidation of Witnesses” is sent. [9/11 Commission, 9/23/2003 ] It is unclear if Kean and Hamilton were lying or were just oblivious. 9/11 Commission executive director Philip Zelikow generally controls and limits the flow of information between commissioners and staffers to such a degree that even near the end of the Commission’s tenure, one staffer will confront a commissioner in a bathroom in an attempt to get a complaint to her (see March 2, 2003 and July 2004).
No Press Coverage - The issue of minder intimidation will not be made public until 2009, when some of the 9/11 Commission’s source documents are made public. Even then, there will be no mainstream media coverage of the issue.
Following his release from prison in Syria (see October 5, 2003), former terror suspect Maher Arar issues a statement distancing himself from al-Qaeda. “I am not a terrorist. I am not a member of al-Qaeda and I do not know any one who belongs to this group,” Arar says. “All I know about al-Qaeda is what I have seen in the media. I have never been to Afghanistan. I have never been anywhere near Afghanistan and I do not have any desire to ever go to Afghanistan.” [Canwest News Service, 1/20/2009]
A surveillance photo of Momin Khawaja (in grey sweater) and unidentified man on February 20, 2004. [Source: Public domain via the Globe and Mail]According to a joint Canadian and British report sent to Pakistani authorities in September 2005, Mohammed Junaid Babar, Momin Khawaja, and Haroon Rashid Aswat meet in London in February 2004. Babar and Khawaja are both members of a British fertilizer bomb plot (see Early 2003-April 6, 2004), but Khawaja is living in Canada and making occasional trips to Britain to meet the other plotters there, and Babar is based in Pakistan and also occasionally coming to Britain. By this time, the British intelligence agency MI5 has learned of the plot and is intensely monitoring all the major plotters, including Khawaja. US intelligence has apparently been monitoring Babar since late 2001 (see Early November 2001-April 10, 2004), and Newsweek will state he is definitely being monitored by February 2004 (see March 2004). [Daily Times (Lahore), 9/7/2005; Globe and Mail, 7/4/2008] Newsweek will later confirm, “Aswat is believed to have had connections to some of the suspects in the fertilizer plot,” and his name is given to the US as part of a list of people suspected of involvement in the plot. [Newsweek, 7/20/2005; Newsweek, 7/25/2005] He is the most interesting figure in this meeting. The US has wanted him since at least 2002 for his role in attempting to set up a militant training camp in Oregon (see November 1999-Early 2000). It will later be widely reported that he is the mastermind of the 7/7 London bombings (see July 7, 2005) and may even simultaneously be an informant for British intelligence. Babar, Khawaja, and other major figures in the fertilizer plot will be arrested at the end of March 2004 (see March 29, 2004 and After and April 10, 2004), but Aswat curiously is not arrested, even though British intelligence had compiled a large dossier on him and considered him a “major terrorist threat” by 2003 (see Early 2003).
Speaking about the Abu Ghraib scandal (see April 28, 2004), President Bush promises a “full investigation.” In an interview with Al Arabiya, he says: “It’s important for people to understand that in a democracy, there will be a full investigation. In other words, we want to know the truth. In our country, when there’s an allegation of abuse… there will be a full investigation, and justice will be delivered.… It’s very important for people and your listeners to understand that in our country, when an issue is brought to our attention on this magnitude, we act. And we act in a way in which leaders are willing to discuss it with the media.… In other words, people want to know the truth. That stands in contrast to dictatorships. A dictator wouldn’t be answering questions about this. A dictator wouldn’t be saying that the system will be investigated and the world will see the results of the investigation.” [White House, 5/5/2004] In April 2009, after significant revelations of Bush torture policies have hit the press (see April 16, 2009 and April 21, 2009), Atlantic columnist Andrew Sullivan will write: “Bush personally authorized every technique revealed at Abu Ghraib. He refused to act upon the International Committee of the Red Cross’s report that found that he had personally authorized the torture of prisoners, in violation of the Geneva Conventions and the UN Convention on Torture and domestic law against cruel and inhuman treatment. A refusal to investigate and prosecute Red Cross allegations of torture is itself a violation of the Geneva Accords.” [Atlantic Monthly, 4/27/2009]
During the annual G-8 economic summit, held in Sea Island, Georgia [2004 G8 Summit, 2004] , President Bush rejects the notion that he approved the use of torture. “The authorization I gave,” the president says, “was that all we did should be in accordance with American law and consistent with our international treaty obligations. That’s the message I gave our people.” He adds, “What I authorized was that we stay within the framework of American law.” And to emphasize his point, he says: “Listen, I’ll say it one more time.… The instructions that were given were to comply with the law. That should reassure you. We are a nation of laws. We follow the law. We have laws on our books. You could go look at those laws and that should reassure you.” [US President, 6/21/2004] During the summit, the foreign ministers of the participating countries are suddenly called to Washington to meet with Bush and Secretary of State Colin Powell. As Canadian Foreign Minister Bill Graham will later recall: “Colin suddenly phoned us all up and said, ‘We’re going to the White House this morning.’ Now, this is curious, because normally the heads of government don’t give a damn about foreign ministers. We all popped in a bus and went over and were cordially received by Colin and President Bush. The president sat down to explain that, you know, this terrible news had come out about Abu Ghraib and how disgusting it was. The thrust of his presentation was that this was a terrible aberration; it was un-American conduct. This was not American. [German Foreign Minister] Joschka Fischer was one of the people that said, ‘Mr. President, if the atmosphere at the top is such that it encourages or allows people to believe that they can behave this way, this is going to be a consequence.’ The president’s reaction was: ‘This is un-American. Americans don’t do this. People will realize Americans don’t do this.’ The problem for the United States, and indeed for the free world, is that because of this—Guantanamo, and the ‘torture memos’ from the White House (see November 6-10, 2001 and August 1, 2002), which we were unaware of at that time—people around the world don’t believe that anymore. They say, ‘No, Americans are capable of doing such things and have done them, all the while hypocritically criticizing the human-rights records of others.’” [Vanity Fair, 2/2009]
Discussions from the “Ottawa Initiative” meeting in January (see January 2003) are leaked to the CBC in an interview with Denis Paradis, Canada’s Secretary of State for Latin America. Paradis concludes from the “Ottawa Initiative” that “the international community wouldn’t want to wait for the five-year mandate of President Aristide to run its course in 2005.” Paradis states that a consensus was reached that “Aristide should go.” Paradis also says that military occupation might be necessary after an intervention and “until elections can be held.” [News Haiti, 8/28/2004]
The 2005 NPT Review Conference, held once every five years to review and extend the implementation of the Nuclear Nonproliferation Treaty (see July 1, 1968), is an unusually contentious affair, and the US is at the center of the imbroglio. After the 2000 NPT Review Conference (see Late May, 2000), the US, under George W. Bush, refused to join in calls to implement the Comprehensive Test Ban Treaty (CTBT—see September 10, 1996). The US’s recalcitrance is, if anything, magnified five years later. Many representatives of the NPT signatories focus their ire upon the US, even though two signatories, Iran and North Korea, are, in author J. Peter Scoblic’s words, “violating either the spirit or the letter of the treaty” in developing their own nuclear weapons. Other nations send their foreign ministers to the conference, and in turn the US could have been expected to send Secretary of State Condoleezza Rice. (In 1995 and 2000, the US had sent, respectively, Vice President Al Gore and Secretary of State Madeleine Albright to represent the US.) Instead, the US sends State Department functionary Stephen Rademaker. Not only is Rademaker’s lesser rank a studied insult to the conference, Rademaker himself is an ardent conservative and a protege of arms control opponent John Bolton. Rademaker enters the conference prepared to use the forum to browbeat Iran and North Korea; instead, he finds himself defending the US’s intransigence regarding the CTBT. The New Agenda Coalition, made up of Brazil, Egypt, Ireland, Mexico, South Africa, Sweden, and New Zealand—all allies of the US—focuses on “the troubling development that some nuclear-weapon states are researching or even planning to develop new or significantly modify existing warheads,” a Bush administration priority (see May 1, 2001 and December 13, 2001). “These actions have the potential to create the conditions for a new nuclear arms race.” Even Japan, usually a solid US ally, says that all nuclear-armed states should take “further steps toward nuclear disarmament.” Canada, the closest of US allies both in policy and geography, is more blunt, with its representative saying, “If governments simply ignore or discard commitments whenever they prove inconvenient, we will never build an edifice of international cooperation and confidence in the security realm.” And outside the conference, former British Foreign Minister Robin Cook lambasts the US in an op-ed entitled “America’s Broken Unclear Promises Endanger Us All,” blasting the Bush administration for its belief that “obligations under the nonproliferation treaty are mandatory for other nations and voluntary for the US.” For his part, Rademaker says just before the conference, “We are not approaching this review conference from the cynical perspective of, we are going to toss a few crumbs to the rest of the world, and, by doing that, try to buy goodwill or bribe countries into agreeing to the agenda that we think they should focus on rather than some other agenda.” In 2008, Scoblic will interpret Rademaker’s statement: “In other words, the administration was not going to engage in diplomacy even if it would encourage other states to see things our way—which only meant that it was quite certain they never would.” [United Nations, 5/2005; Scoblic, 2008, pp. 277-280]
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions is adopted at the 33rd UNESCO General Conference held in Paris, France. It is the first major international convention to be adopted that reaffirms the sovereign right of states to formulate and implement cultural policies. The convention’s approval is seen as a challenge to the legitimacy of the global regime of bilateral, regional and multilateral free trade agreements revolving around the World Trade Organization (WTO), in particular regarding international trade in cultural goods and services and the related cultural policies effected by governments. The approval of this international instrument is seen as a major culmination of years-long efforts led by Canada and the European Union, specifically France, to arrest liberalization commitments in various free trade agreements that tend to strengthen Hollywood’s overwhelming advantage in the global film, music, publishing, advertising, and other cultural industries. The convention is overwhelmingly approved despite a strong counter-lobby by the United States. A hundred and forty-eight vote in the convention’s favor, four countries (Australia, Honduras, Liberia, and Nicaragua) abstain, and only two countries—the United States and Israel—vote against its approval. [Coalition Currents, 10/2005]
Through a unanimous all-party vote at its National Assembly, Quebec becomes the first government worldwide to approve the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. The approval comes just three weeks after the landslide vote for the international convention at the UNESCO 33rd General Conference in Paris, France. The day’s favorable vote on the convention is marked as well by statements by leading officials of Quebec noting Quebec’s prime role in the formation of the UNESCO instrument, as well as how the convention boosts Quebec’s efforts to protect and promote its cultural industries. Deputy Premier and Minister of International Relations Monique Gagnon-Tremblay emphasizes Quebec’s important contribution to the “emergence of an international instrument of fundamental importance for the cultural sector, and over and beyond this, for the socio-economic development of all our peoples at the beginning of the 21st century.” Culture and Communications Minister Line Beauchamp ends her own statements by calling the adoption of the convention “a great day for Quebec culture,” adding: ”(T)he fundamental issue is the commitment of states to support their cultures through cultural policies that take the form of subsidies, tax credits, of regulatory policies.… We should be aware to what degree everyday life is shaped and affected by culture and artistic creations.… It is important to realize that the cultural policies I just described are behind the songs you hear on the radio, the television programs you watch, the books you read, your encounters with culture.” For his part, Claude Béchard, minister of economic development, innovation, and exports, stresses the convention “will serve as a tool of reference for states facing pressure to liberalize their cultural sectors by helping to legitimize at the international level their cultural policies.” Premier Jean Charest, meantime, highlights the close cooperation between Quebec and the federal government of Canada in building international support for the convention. Charest indicates again his government is determined to continue championing the convention internationally, and to continue supporting Canada’s Coalition for Cultural Diversity and Quebec’s leading cultural organizations in their work to mobilize cultural professionals around the world to support ratification. [Coalition Update, 11/2005]
Canada becomes the first country to ratify the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Canada’s November 22 ratification comes just 33 days after the international instrument was adopted at the 33rd UNESCO General Conference in Paris, France. The prompt ratification meets a previous public commitment made by Minister of Canadian Heritage Liza Frulla, shortly after the November 22 adoption at the UNESCO Conference, that Canada would be the first to ratify the convention “ideally before Christmas [of 2005].” Frulla recalls at the signing ceremonies in Montreal on November 23, “some people gave me a very skeptical look [after I made that pronouncement], and thought I was dreaming in Technicolor.” But she points out that her resolve to make good the ratification commitment was matched by that of Canadian Prime Minister Paul Martin, who Frulla says “has always been a strong defender and promoter of this convention.” Frulla relates further: “[A]s soon as I got back, we triggered the process so that Canada could be in a position to ratify this convention.… And today we can say mission accomplished. Clearly, this is a great day for our artists, our culture, our cultural industries, and for our country.” Frulla, Martin, Quebec Minister of Culture and Communications Line Beauchamp, and Scott McIntyre and Pierre Curzi, co-chairs of Canada’s Coalition for Cultural Diversity, offer congratulations to each other at the Montreal ceremonies for the convention’s quick ratification in record time. [Coalition Update, 11/2005]
Former Canadian prosecutor Guy Gilbert alleges that a judge in a trial of three associates of Pakistani nuclear proliferator A. Q. Khan was “partial” to the defense. The allegation is made in an interview for a book by authors David Armstrong and Joe Trento; the trial ended with light sentences for two of the accused and the acquittal of the third (see Late 1980 or After). Gilbert will say: “I remember the address by the judge to the jury. He almost gave them [the case] on a silver fork.” Gilbert will also recall meeting the judge, Gerald Ryan, some time after the trial. “I said, ‘Gerry, don’t tell me that you think those guys did not export the parts to make the inverters.’ He said, ‘Of course, of course they did it.’ ‘Well,’ I said, ‘that’s not the way it came out when you addressed the jury.’” Gilbert will also say that he speaks to the defense lawyers in the case occasionally: “I tease them once in a while. I say, ‘You think these guys knew what they were doing?… I think you contributed to them [Pakistan] having the bomb today.’” [Armstrong and Trento, 2007, pp. 105-106]
A study completed by Canada’s Round Table on the Environment and the Economy concludes that Canada is capable of reducing its greenhouse gas emissions 60 percent by 2050 using existing technologies. Achieving this goal would require designing all cars, trucks, appliances, and buildings for greater efficiency. Coal power-plants would use clean technology and carbon sequestration systems would be installed across the country. It would also require expanding nuclear power by more than 50 percent, something that would be met with resistance by environmentalists because of the dangers posed by the disposal of nuclear waste. The study’s predictions are based on the assumption of a growing economy (100 percent increase), a national population of 45 million (100 percent increase), continued use of cars and trucks, and the expansion of Canada’s east-west electricity grid. The study also says that implementing a plan for the drastic reduction of energy use would create new market opportunities. “We’re saying that if these things are done intelligently, there is likely to be some substantial market opportunities,” says Alex Wood, an analyst with the round table. [Round Table on the Environment and the Economy, 6/2006 ; Canadian Press, 6/21/2006; Toronto Star, 6/22/2006]
A study conducted for the US Defense Threat Reduction Agency finds that close American allies want the Bush administration to understand that “a greater US readiness to engage on nuclear disarmament issues would pay off in increased support from other third parties in pursuing US nonproliferation issues.” Many US allies, such as Canada, Japan, Mexico, South Africa, and others, are deeply unhappy with the US’s recent refusal to follow the restrictions of the Nuclear Nonproliferation Treaty (see Late May 2005). A similar study for Sandia National Laboratories, a US nuclear research facility, finds that while other nations are not any more likely to develop their own nuclear programs because of the US’s nuclear posture, the US has lost tremendous credibility in pursuing nonproliferation efforts among other states because of its perceived hypocrisy. [Scoblic, 2008, pp. 278-279]
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions enters into force. In accordance with the ratification procedure, this happens three months after 30 countries deposited their instruments of ratification at UNESCO. UNESCO Director General Koichiro Matsuura notes, “None of UNESCO’s other cultural conventions has been adopted by so many states in so little time.” The 30 countries are Albania, Austria, Belarus, Bolivia, Bulgaria, Burkina Faso, Cameroon, Canada, Croatia, Denmark, Djibouti, Ecuador, Estonia, Finland, France, Guatemala, India, Lithuania, Luxembourg, Madagascar, Mali, Malta, Mauritius, Mexico, Monaco, Namibia, Peru, the Republic of Moldova, Romania, Senegal, Slovakia, Slovenia, Spain, Sweden, and Togo. By the time it comes into force, 22 more countries have deposited their ratification instruments at UNESCO. [UNESCO, 3/2007]
The Commonwealth Fund, a private organization founded to improve America’s health care system, releases a study that finds the US spends more on health care than any nation on earth, yet “consistently underperforms on most dimensions of performance, relative to other countries.” The report is based on a number of surveys conducted with patients along with information from primary care physicians. “The US spends twice what the average industrialized country spends on health care but we’re clearly not getting value for the money,” says Commonwealth Fund president Karen Davis. Compared with Australia, Canada, Germany, New Zealand, and Britain, “the US health care system ranks last or next-to-last on five dimensions of a high-performance health system: quality, access, efficiency, equity, and healthy lives. The US is the only country in the study without universal health insurance coverage, partly accounting for its poor performance on access, equity, and health outcomes. The inclusion of physician survey data also shows the US lagging in adoption of information technology and use of nurses to improve care coordination for the chronically ill.” These findings are similar to those of studies conducted in 2004 and 2006. “The most notable way the US differs from other countries is the absence of universal health insurance coverage,” the study’s authors note. “Other nations ensure the accessibility of care through universal health insurance systems and through better ties between patients and the physician practices that serve as their long-term ‘medical home.’ It is not surprising, therefore, that the US substantially underperforms other countries on measures of access to care and equity in health care between populations with above-average and below-average incomes.” The study’s executive summary concludes: “For all countries, responses indicate room for improvement. Yet, the other five countries spend considerably less on health care per person and as a percent of gross domestic product than does the United States. These findings indicate that, from the perspectives of both physicians and patients, the US health care system could do much better in achieving better value for the nation’s substantial investment in health.” Britain receives the highest overall ranking in the study, followed by Germany, and then by New Zealand and Australia, which tie for third. Canada is placed fourth. [Commonwealth Fund, 5/15/2007; Agence France-Presse, 5/15/2007]
Lt. Col. Doug Delaney argues that another attack like 9/11 could be helpful to keep the public resolute against the terrorist threat. Delaney is chair of Canada’s war studies program at the Royal Military College in Kingston, Ontario, the military academy of the Canadian armed forces. The Toronto Star paraphrases him saying: “The challenge for the government is maintaining support for a conflict when people don’t perceive a threat—of a failed state falling into the hands of extremists, for instance—particularly as Canadian deaths are rising, says Delaney. It may well be that the key to bolstering Western resolve is another terrorist attack like 9/11 or the London transit bombings of two years ago, he says.” Then the Star quotes Delaney directly: “If nothing happens, it will be harder still to say this is necessary.” [Toronto Star, 7/8/2007]
The Canadian press reports that the casualty rate among Canadian soldiers in Afghanistan is far higher than that of American and British soldiers in either Afghanistan or Iraq. Canadian troops are stationed in and around the city of Kandahar, one of the most violent areas in Afghanistan. Canadian soldiers die at a rate of 2.6 to four times higher than their British and American counterparts in Afghanistan, and at a rate 2.6 times higher than American soldiers in Iraq. Proportionately, Canadians are dying at a faster rate in Afghanistan than through most of World War II. Lieutenant Colonel Jamie Robertson, a spokesman for the Ministry of National Defense, says, “Kandahar province is very different from even Helmand province next door,” where British troops are stationed. “It’s a totally different threat environment. We are in the former heartland of the Taliban, and obviously they have resorted to tactics designed to force casualties among civilians and security forces whenever possible.” Some experts believe that the heavy casualty rates among Canadians is partly traceable to the Canadians’ lack of heavy-transport helicopters; as a result, they are forced to rely more on ground transportation, where the threat of roadside bombs and ambushes is constantly present. Canada has lost a total of 74 soldiers since joining the US and Britain in Afghanistan. [Canada National Post, 1/4/2008]
Omar Khadr. The photo, presumably taken in 2001, was given to Canadian reporters by his mother, Maha Khadr, after a 2005 press conference. [Source: Maha Khadr / Associated Press]Colonel Patrick Parrish, a military judge in the Guantanamo prosecutions, orders that the trial of Omar Khadr be suspended. President Obama has asked for all trials of Guantanamo detainees to be suspended for 120 days (see January 20, 2009). Other trials are almost certain to be suspended as well, including the trial of five detainees accused of participating in the 9/11 attacks. Khadr is accused of killing a US soldier in Afghanistan with a grenade during a firefight in 2001. Khadr, who was 15 at the time, was captured shortly thereafter. He has been in detention ever since. Military prosecutors say it is “in the interests of justice” to freeze the trials until about May 20 to give the new administration time to evaluate the cases and decide what forum best suits any future prosecution. Obama has repeatedly promised to shut down the Guantanamo prison camp; it is not clear what will happen to the approximately 245 detainees currently housed there. While officials of the former Bush administration have said they planned to bring some 80 detainees to trial, as yet only three trials have been held. [Reuters, 1/21/2009] Prosecutor Clay Trivett says all pending cases should be suspended because a review of the military commissions system may result in significant changes. Khadr’s defense lawyer, Lieutenant Commander William Kuebler, says the suspension “has the practical effect of stopping the process, probably forever.… This military process and the charges Omar faced are dead.” Kuebler says Khadr should either be returned to his native Canada or tried in a civilian court. “He’s anxious, he’s nervous,” Kuebler says. “Let’s hope this creates the process… that will take Omar back to Canada.” The de facto leader of the five men accused of planning the 9/11 attacks, Khalid Shaikh Mohammed, tells court officials he opposes the delay. “We should continue so we don’t go backward, we go forward,” he says. [Associated Press, 1/21/2009; Washington Post, 1/21/2009]
The head of Canada’s Army, Lieutenant General Andrew Leslie, tells the Canadian Senate that Canada’s Army has been so strained by its participation in the Afghanistan war that it may need a one-year “pause” to regroup and rebuild after Canada withdraws troops from that region in 2011. Canada has suffered disproportionately large losses in Afghanistan in comparison with both American and British troops (see January 4, 2008). According to Leslie, the Canadian Army has suffered huge losses in both personnel and equipment, and is dealing with a shortage of experienced officers and soldiers as well as a shortage of functional armored vehicles and mechanics to effect repairs. “We will always be prepared to carry out our various national and international tasks,” he tells the Senate, but emphasizes the need to rebuild and retool the Army. [Toronto Star, 3/9/2009] General Walter Natynczyk, chief of defense staff of the Canadian Forces, agrees, telling a reporter, “It’s an army that’s undergoing an incredible operational tempo right now.” [CTV, 3/10/2009]
Greg Gutfeld of Fox’s ‘Red Eye’ during the March 17 broadcast. [Source: CTV]The host and panelists on Fox News’s satirical news show Red Eye devote a segment of their broadcast to mocking and denigrating Canadian soldiers’ service in Afghanistan. Canadian soldiers have died in disproportionately higher numbers than either their US or British counterparts (see January 4, 2008), and the head of the Canadian Army, Lieutenant General Andrew Leslie, has recently testified as to the terrific strain that service has placed on the military branch (see March 9, 2009), facts the Red Eye panelists do not share with their audience. (Progressive media watchdog site News Hounds will note than none of the Red Eye panelists have themselves served in the military of any country.) Red Eye host Greg Gutfeld opens the segment by mocking Leslie’s name, observing that “Leslie” is “an unusual name for a man.” He then says that the Canadian military would prefer to “do some yoga, paint landscapes, run on the beach in gorgeous white capri pants.” Gutfeld then asks panelist Doug Benson, “Isn’t this the perfect time to invade this ridiculous country?” Benson retorts, “I didn’t even know that they [Canada] were in the war,” and notes that he thought of Canada as a nation where people went to avoid fighting. Gutfeld asks, “Would Canada be able to get away with this if they didn’t share a border with the most powerful country in the universe?” Panelist Bill Schulz answers: “No, they probably wouldn’t. Does this surprise any of us? We have police officers and they have Mounties. Our cops ride heavily armored cars. They ride horses. We have bullet-proof vests. They have wonderful little red jackets that can be seen a mile away. This is not a smart culture, Greg.” [News Hounds, 3/22/2009; Canada National Post, 3/23/2009]
Canadian Outrage - The video quickly becomes well known after four Canadian soldiers die in two separate explosions near Kandahar, and many Canadians respond with indignation and outrage. Toronto’s National Star calls the remarks “shockingly ignorant.” Dan Dugas, a spokesman for the Ministry of National Defense, says: “We want an apology from this so-called comedian [Gutfeld] and his panel. These are despicable, hurtful, and ignorant comments. No one is laughing and they owe Canada, and more importantly the families of each one of our fallen heroes, an apology for their ill-informed mistakes.” Steve Staples of Ottowa’s Rideau Institute calls the performance a “shameful display” at the expense of Canadian families who have lost family members, and adds, “The dismissal of Canadian efforts in Afghanistan simply rubs salt in the wounds of Canadian families whose sons and daughters have been injured or killed in the war.” MP Denis Coderre calls the performance “a disgrace.” [Canada National Post, 3/23/2009]
Apology - Days after the broadcast, Gutfeld e-mails an apology. He says the segment “was in no way an attempt to make light of troop efforts,” and adds: “I realize that my words may have been misunderstood. It was not my intent to disrespect the brave men, women, and families of the Canadian military, and for that I apologize. Red Eye is a satirical take on the news, in which all topics are addressed in a lighthearted, humorous, and ridiculous manner.” Gutfeld had made a statement on Twitter hours before that read, “My apologies to the Canadian military, they probably could at least beat the Belgians.” [Canada National Post, 3/23/2009]
Entity Tags: Fox News, Dan Dugas, Canadian Ministry of National Defense, Doug Benson, Canadian Forces Land Force Command, Andrew Leslie, Steve Staples, Greg Gutfeld, Bill Schulz, Denis Coderre
Timeline Tags: Domestic Propaganda, War in Afghanistan
The US spends more than any other nation in the world on health care, but ranks only 50th among 224 nations in life expectancy, according to the 2009 CIA World Factbook. Experts say that this fact could raise serious questions in the debate over health care reform. Americans have an average life span of 78.1 years; the populations of 49 other nations live longer, on average. Japan is first in life expectancy, at 83 years; Australia, Iceland, Italy, San Marino, Switzerland, Andorra, Canada, and France round out the top 10 countries. Other countries, such as Sweden, Norway, Denmark, Singapore, Greece, Spain, and Portugal also do better than the US in life expectancy. The bottom 10 nations are, in reverse order, Sierra Leone, Afghanistan, Zimbabwe, Lesotho, Zambia, Chad, Uganda, Swaziland, Mozambique, and Guinea-Bissau, with life spans ranging from averages of 41 to 48 years. Some experts note that the US is the only developed nation to have a virtually completely privatized health care system. “What we are able to find in the industrialized world is that life expectancy will be influenced in a beneficial manner to the extent that health care expenditure is publicly financed,” says public health professor Harvey Brenner. “The higher the government expenditure on health care, the lower will be the mortality rate.” A study from the University of Chicago shows that a single-payer system—government-run health care—may be associated with higher life expectancy. The governments of such nations as Norway, Sweden, Denmark, Australia, and Canada have government-run health care, and their citizens have some of the longest life spans in the world. The author of the study, Bianca Frogner, writes: “Inevitably the conversation about reforming our health care system focuses on the question of what are we getting for our money and how are others doing with their health care dollars. Life expectancy, along with mortality and morbidity rates, are fairly straightforward numbers to rely on.” Other comparisons show that Scandinavian and other European countries have lower birth mortality numbers than the US, though babies born with abnormally low birth weights tend to fare better in the US system than in the Scandinavian systems. [CNN, 6/11/2009]
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