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The federal trial of Oklahoma City bombing co-conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) begins. As with Nichols’s accused co-conspirator Timothy McVeigh, recently convicted of murder and conspiracy surrounding the bombing (see June 2, 1997), the trial takes place in Denver, and is presided over by Judge Richard P. Matsch. Nichols faces the same eight counts of murdering federal officials and three counts of conspiracy that McVeigh was convicted of, and like McVeigh, he faces the death penalty if convicted. [New York Times, 11/4/1997; Douglas O. Linder, 2001] The jury consists of seven women and five men. It includes two bus drivers; a day-care worker; a bank clerk; a soda machine installer; a telemarketer; a loading-dock worker; a maintenance employee; an obstetrics nurse; a remedial reading tutor; a contract seamstress, whose husband is a corrections officer; and a geophysicist. Two members of the jury are African-American. As with the McVeigh jurors, their identities are concealed. Legal analysts say there is far less direct evidence of Nichols’s guilt than existed to use against McVeigh. [Washington Post, 10/31/1997; Fox News, 4/13/2005] Prosecutors tell the jury that Nichols worked “side by side” with McVeigh to build the bomb that destroyed the Murrah Federal Building. For his part, Nichols’s lawyer Michael E. Tigar says Nichols had nothing to do with the bomb plot, and is a victim of McVeigh’s deceit and a web of misleading circumstantial evidence. Lead prosecutor Larry Mackey (see October 31, 1997) says that the deceit was on the part of Nichols. Mackey acknowledges that Nichols was at his Herington, Kansas, home on the morning of the bombing: “Terry Nichols had planned it just that way,” he says. But Nichols had been involved in every aspect of building the bomb and plotting the attack. The prosecution’s case is far broader in its scope than the more narrowly focused case against McVeigh (see August 29, 1997). Tigar indicates that he plans to challenge what he calls the “junk science” used by the prosecution to forensically prove Nichols’s involvement in building the bomb. [New York Times, 11/4/1997]
The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) opens with an array of witnesses, people who either lived through the bombing or who lost family members or friends. Unlike the heart-rending tales told throughout the trial of Nichols’s alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), the stories told today are strictly curtailed in order to restrict emotional reactions from jurors. Four jury members weep anyway during the recountings. Judge Richard P. Matsch, ruling in favor of a defense motion, has precluded “overly emotional” testimony, telling jurors this morning, “You have to consider it and not consider the emotions of it.” Matsch explains that testimony from survivors is being introduced only to establish who had died and how their deaths had affected the performance of the federal government, important elements in the indictment (see August 10, 1995), which charges not only murder but also a crime that interfered with interstate commerce. Witnesses stick closely to the bare facts and eschew the emotional stories and vignettes that were prominently featured during McVeigh’s trial. Even so, the testimony of survivor Helena Garrett, who testified during McVeigh’s trial (see April 25, 1997), moves some jurors to tears as she tells of waiting for rescue personnel to find her infant son, Tevin, who died in the blast. She says one child “looked as if she’d been dipped in blood,” and talks of the “line” made “of our babies” by rescue personnel who brought out the dead and injured children from the blasted Murrah Federal Building. [New York Times, 11/5/1997]
The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) attempts to prove that Nichols bought and stored the fertilizer used to make the bomb. [New York Times, 11/7/1997]
Buying Fertilizer from a Kansas Co-op - The prosecution puts two Kansas men on the stand who, the prosecution says, sold the fertilizer used to bomb the Murrah Federal Building to Nichols and his alleged co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Both salesmen, Jerry Showalter and Frederick A. Schlender Jr., worked at the Mid-Kansas Cooperative in McPherson, Kansas, when someone calling himself “Mike Havens” bought 4,000 pounds of ammonium nitrate in 80 50-pound bags in September and October 1994. Neither Showalter nor Schlender can identify Nichols or McVeigh as the buyer, but both say the buyer was “Havens,” a name federal investigators believe was used by Nichols to buy the fertilizer (see September 22, 1994 and September 30, 1994). Both testify that they are certain “Havens” was not McVeigh. And they both say they offered “Havens” a less expensive, more efficient alternative to the ammonium nitrate, which he declined. Investigators found a receipt listing Havens as the buyer of the fertilizer in Nichols’s kitchen after the bombing (see May 1, 1995), a fact testified to by one of the FBI agents who found the receipt. Showalter recalls receiving a telephone call on September 29, 1994 from the manager of another branch of the co-op; the manager said he had a customer looking for two tons of ammonium nitrate. Showalter later sold the fertilizer to “Havens”; he gives a description of the man that could fit Nichols. Schlender testifies that he loaded the first ton of fertilizer on a red trailer pulled by a dark pickup truck with a light-colored camper top. He testifies that “Havens” was alone. Schlender concedes to defense lawyers that his descriptions of “Havens” have varied somewhat over time. He originally told the FBI that “Havens” was six feet tall; now he says that the man was anywhere between 5’8” and six feet tall. He also originally described the truck as a Dodge with Kansas plates; Nichols owned a GMC truck with Michigan plates. Schlender says he sold the second ton of fertilizer to “Havens” on October 18, loading it on the same trailer. The second time, he testifies, “Havens” was accompanied by another man, white and about six feet tall. Robert Nattier, president of the co-op, testifies that the “Havens” order was unusually large, and that most customers just buy a few bags for their lawns. Another FBI agent who analyzed the co-op’s receipts testifies that only a country club and a pipeline company bought similar amounts in the 16 months before the bombing. [New York Times, 11/7/1997; Washington Post, 11/7/1997; Denver Post, 12/24/1997]
Nichols Identified as Staying in Nearby Motel - Harry Bhakta, the manager of the Starlite Motel in Salina, Kansas, a town 30 miles north of McPherson, testifies that a man calling himself “Terry Havens” checked into his motel on October 16, 1994, and checked out the next day. Nichols’s lawyers concede that the handwriting on the Starlite Motel registration card is Nichols’s (see October 16, 1994). [New York Times, 11/7/1997]
Renting Storage Lockers for Fertilizer - Sharri Furman, who in 1995 was the bookkeeper for the Boots-U-Store-It storage facility in Council Grove, Kansas, testifies that in the fall of 1994 she rented two storage lockers to “Joe Kyle” and “Ted Parker,” both of which are, federal investigators contend, aliases used by Nichols (see October 16, 1994, October 17, 1994, and November 7, 1994). Furman also testified during McVeigh’s trial (see May 1-2, 1997). She identifies Nichols as “Parker.” Both defense and prosecution lawyers agree that the contracts signed by “Parker” are in Nichols’s handwriting. [Washington Post, 11/7/1997] The receipt from the locker rental contains two fingerprints from McVeigh (see May 1, 1995). [New York Times, 6/3/1997]
Seen in Company of McVeigh during Time Period in Question - Tim Donahue, a Kansas rancher who once worked with Nichols (see February - September 30, 1994), testifies that the last time he saw Nichols was in the company of McVeigh. The date, he recalls, was September 30, 1994, the last day Nichols worked on the Donahue ranch. Donahue also testifies that Nichols told him he thought the government was getting “too big and too powerful” and should be overthrown. Donahue acknowledges that those conversations were casual, and that Nichols never explicitly advocated violence. [Washington Post, 11/7/1997]
Prosecutors in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) link Nichols and his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), to the October 1994 theft of explosive materials from a Kansas quarry (see October 3, 1994). The prosecution claims that Nichols and McVeigh used those materials in the construction of the bomb that devastated the Murrah Federal Building and killed 168 people. A blaster at the Martin Marietta Aggregates quarry near Marion, Kansas, Allen E. Radtke, testifies that on October 3, he discovered that someone had stolen 1,200 to 1,400 electric blasting caps, 75 60-foot lengths of Primadet non-electric blasting caps, and 150 sticks of Tovex explosive from two sheds. On October 4, Radtke says, he found that someone had drilled open the padlock on the back door of a third shed. FBI analyst James J. Cadigan testifies that he had compared the marks left on the padlock with a quarter-inch drill bit found at Nichols’s home (see 3:15 p.m. and After, April 21-22, 1995). Though the marks on the padlock seem to match marks made by Nichols’s drill bit, Judge Richard P. Matsch instructs the jury to disregard Cadigan’s conclusions to that effect. Nichols’s lawyer Michael Tigar, who has called such analysis “junk science” (see November 3, 1997), says that a thousand drill bits made by the same machine might produce the same marks. [New York Times, 11/8/1997]
New York City’s Office of Emergency Management (OEM) conducts a training exercise called Operation ICE, which is designed to prepare emergency response workers for the possibility of a terrorist attack and includes a simulated chemical attack near the World Trade Center. [City of New York, 11/9/1997; New York Times, 11/9/1997; 9/11 Commission, 5/19/2004] Operation ICE is the largest terrorism response exercise ever conducted by the city. Its aim, according to Mayor Rudy Giuliani, is “to see what would happen if in fact there was a chemical attack and to see how police, fire, EMS [emergency medical services], hospitals, the FBI… would all respond.” [New York Daily News, 11/10/1997; New York Times, 11/10/1997]
Volunteers Go to Hospitals with the Symptoms of Chemical Exposure - Operation ICE incorporates a series of field and tabletop exercises. It consists of three interconnected training events, called MEDEX, FIELDEX, and INFRAEX. MEDEX, apparently the first event to take place, is held on November 8. Forty-one city hospitals are involved in it. The aim is for the emergency workers who participate to learn how to deal with and treat “walk-in, self-referred” patients who arrive at emergency rooms minutes or hours after they have been exposed to a chemical agent. Volunteers, playing the victims, visit the hospitals, complaining about various symptoms. Hospital personnel have to determine the type of chemical exposure that matches the symptoms and decide how to treat the victims. [New York Times, 11/9/1997; Fire Engineering, 3/1998]
Field Exercise Is Held near the WTC - FIELDEX, which is the centerpiece of Operation ICE, takes place a day later, on November 9. This is an elaborate field training exercise involving a simulated chemical attack at a large public gathering. It is directed by Jerome Hauer, head of the OEM, and more than 600 emergency response workers take part. They belong to agencies including the New York Police Department, the New York Fire Department, the FBI, the Office of the Chief Medical Examiner, and the Departments of Defense, Environmental Protection, Health, and Transportation. [City of New York, 11/9/1997; New York Times, 11/10/1997] The exercise is held less than a mile away from the WTC, on Greenwich Street, between Hubert and North Moore Streets. [New York Daily News, 11/10/1997] It takes place “eerily in the shadow of the Twin Towers,” Giuliani will later comment. [Giuliani, 2002, pp. 63]
Islamic Terrorists Release a Lethal Gas in the Simulation - The scenario for the exercise involves a rally held by a controversial political group. This is “a greed-is-good kind of group,” Giuliani will say. A speaker at the rally explains the group’s philosophy, which gets his listeners angry, and two or three of them consequently attack the group. They release VX, a deadly nerve gas, killing 21 people and injuring at least 27. The mock attackers are Islamic terrorists, according to Giuliani. Red Cross volunteers and police cadets pretend to be victims of the attack, while several mannequins represent people who have been killed. FIELDEX lasts for four hours. [New York Daily News, 11/10/1997; New York Times, 11/10/1997; 9/11 Commission, 5/19/2004]
Real Bomb Goes Off before the Exercise Starts - Participating emergency response workers are unaware of the details of the scenario before the exercise begins. “[W]e know to be prepared, that it is going to happen, but haven’t been given any particulars,” one law enforcement official comments. [New York Times, 11/9/1997] Local residents reportedly approve of the exercise, despite the disruption it causes. One woman remarks that she feels it “needs to be done” because, she says, “Living downtown, we are a direct target for this kind of threat, with the World Trade Center and everything.” [New York Daily News, 11/10/1997] Ironically, two hours before the exercise commences, a real but crude bomb explodes in front of an office building a few blocks away from where the exercise is held. No advance warning is given but, fortunately, no one is injured. No one will take responsibility for the bombing. [New York Times, 11/10/1997]
Exercise Is Mostly Funded by the Defense Department - The INFRAEX segment of Operation ICE consists of a workshop that considers how the simulated attack would affect the city’s infrastructure, and how any adverse effects could be minimized and corrected. The date when this part of the exercise is held is unstated. [Fire Engineering, 3/1998] Operation ICE is the culmination of a yearlong disaster preparedness project. [City of New York, 11/9/1997] Most of the funding for it has come from a grant from the Department of Defense. [New York Daily News, 11/10/1997; New York Times, 11/10/1997] The exercise is intended to be a model for cities throughout the US. [Fire Engineering, 3/1998]
Entity Tags: US Department of Transportation, Jerome Hauer, Federal Bureau of Investigation, US Department of Defense, Rudolph (“Rudy”) Giuliani, US Department of Health and Human Services, Office of Emergency Management, New York City Department of Environmental Protection, Operation ICE, New York City Fire Department, American Red Cross, Office of Chief Medical Examiner, New York City Police Department
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Lawyers for Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996), are expected to mount an insanity defense, according to the Washington Post. Kaczynski’s two lead defense attorneys are Quin Denvir, a federal public defender who has won reversals of three guilty verdicts in death penalty cases, and Judy Clarke, who convinced a South Carolina jury not to execute a woman who drowned her two children in a lake. Denvir and Clarke will argue that Kaczynski is mentally ill, suffering from paranoid schizophrenia that diminished his capacity to know right from wrong. Few expect Kaczynski to be found innocent of his alleged crimes; the lawyers’ strategy seems to be to keep Kaczynski from being sentenced to death. “I think it’s pretty clear that the defense is going to introduce the issue of mental disturbance one way or another,” says Paul Mattiuzzi, a forensic psychologist in Sacramento, California, who has testified in other mental defect cases. “The evidence of mental defect may be important in the guilt phase. But it may be even more valuable in the punishment phase [if he is found guilty], when the government is going to portray him as the embodiment of evil and the defense will want to argue that he’s not evil, he’s sick.” Legal experts agree. “This is what I suspect is really is going on,” says law professor Peter Arenella, an expert on insanity and diminished capacity defense. “All sorts of mitigating evidence might be presented to show that he’s a strange bird, not someone we should execute, because he’s crazy as a loon.” Prison authorities describe Kaczynski, currently being held at a federal prison in Sacramento (see June 9, 1996), as a “model prisoner” who reads incessantly. He is kept in isolation and is in his cell 23 hours a day. However, Kaczynski has so far refused to submit to psychiatric evaluation by government doctors. His refusal may hinder his lawyers’ ability to present evidence towards his mental state. The prosecution is expected to argue that Kaczynski is a cold, calculating killer who knew exactly what he was doing when he killed three people and injured 29 others. He is not charged with murder specifically, but with transporting and mailing explosive devices with the intent to kill and injure. [Washington Post, 11/9/1997]
David Wurmser, director of the Middle East program at the neoconservative American Enterprise Institute, writes an op-ed piece in the Wall Street Journal arguing that the US government should support Ahmed Chalabi’s Iraqi National Congress [INC] and work to foment “an Iraqi insurgency to depose the butcher of Baghdad.” Wurmser writes: “Washington has no choice now but to abandon the coup option and resurrect the INC. An insurgency may be able to defeat Saddam’s weak and demoralized conventional army. But one thing is clear: There is no cost-free way to depose Saddam. He is more resolute, wily and brutal than we. His strength lies in his weapons of terror; that is why he is so attached to them…. Organizing an insurgency to liberate Iraq under the INC may provoke Saddam to use these weapons on the way down. Better that, though, than current policy, which will lead him to use them on his way back up.” [Wall Street Journal, 11/12/1997]
Michael Fortier, a friend of convicted Oklahoma City bomber Timothy McVeigh (see May 19, 1995, August 8, 1995, and May 12-13, 1997), testifies against McVeigh’s alleged co-conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997). Fortier tells the jury that Nichols and McVeigh took him to an Arizona storage locker filled with explosives seven months before the bombing (see October 4 - Late October, 1994). Fortier has pleaded guilty to four felonies related to the bombing.
Saw Nichols in McVeigh's Company, Changes Testimony Previously Identifying Nichols as Co-Conspirator - He says he saw Nichols three times in Kingman, Arizona, the town in which McVeigh resided; two of those times, Nichols was in the company of McVeigh. Fortier testifies that he met both Nichols and McVeigh when they were Army soldiers stationed at Fort Benning, Georgia (see March 24, 1988 - Late 1990); Nichols, he says, was his platoon leader, but not his friend. Fortier says McVeigh sent him a letter saying that he and Nichols planned some sort of “positive offensive action” against the government (see September 13, 1994), and later McVeigh told him the “action” was the bombing of a federal building, to take place on the anniversary of the Branch Davidian massacre (see April 19, 1993 and April 19, 1993 and After). “He told me… that they were planning on bombing a building,” Fortier says. When asked by a prosecutor who was the “they” that McVeigh was referring to, Fortier replies, “He didn’t say specifically,” a drastic change from his testimony in the McVeigh trial, when he told the jury that McVeigh was referring to himself and Nichols. [Washington Post, 11/13/1997; New York Times, 11/13/1997; Washington Post, 11/14/1997; New York Times, 11/14/1997; New York Times, 11/17/1997; Denver Post, 12/24/1997]
Says McVeigh Told Him Nichols Robbed Gun Dealer - Fortier does identify Nichols as the man who robbed Arkansas gun dealer Roger Moore to help finance the bombing (see November 5, 1994); Fortier says that McVeigh told him, “Terry did Bob,” meaning “Bob Miller,” the name Moore used at gun shows. [New York Times, 12/16/1997]
Says He Refused to Take Active Part in Bombing, Says Nichols Withdrew - Fortier testifies that McVeigh asked him to rent a storage unit under a false name, but Fortier did not do so. He also testifies that McVeigh asked him to join him and Nichols in the bombing, but Fortier says he refused (see October 21 or 22, 1994). Later, Fortier says, McVeigh told him that Nichols “no longer wanted to help him mix the bomb” (see March 1995), testifying: “Tim told me that Terry no longer wanted to help him mix the bomb. He told me that there was some problem between—or the problem had to do with Terry’s wife, Marife. I asked Tim what he was going to do if Terry didn’t help him. I made a joke and said: ‘What would you do? Would you kill him if he doesn’t help you?’ And he answered me seriously and said he would not do that. And he went on to say that Terry would have to help him because he’s in it so far up till now.” Fortier identifies a length of explosives brought to his home for safekeeping by McVeigh as being from one of the Arizona storage lockers; an FBI expert, testifying immediately after Fortier, identifies a fingerprint on the wrapper for the explosives as belonging to Nichols.
Defense: Fortier a Lying Drug Addict - In cross-examination, Nichols’s lead lawyer, Michael Tigar, elicits that Nichols never mentioned anything to Fortier about bombing a building. As defense lawyers did in McVeigh’s trial, Tigar depicts Fortier as a drug user and self-admitted liar who has admitted to lying to FBI investigators about his knowledge and involvement in the bomb plot (see April 23 - May 6, 1995), and to planning to use his knowledge of the bomb plot to wangle profitable book and movie deals. Fortier admits that Tigar’s depictions are essentially accurate. Tigar asks, “Was there ever a time in your life where Mr. McVeigh and you and Mr. Nichols were standing side by side… when Mr. McVeigh said, ‘My friend Terry and I are going to blow up a building with people in it and kill people?’” Fortier replies, “No, sir.” [Washington Post, 11/13/1997; New York Times, 11/13/1997; Washington Post, 11/14/1997; New York Times, 11/14/1997; New York Times, 11/17/1997; Denver Post, 12/24/1997] Legal experts later say that Fortier’s testimony against Nichols is much less compelling than his testimony against McVeigh. Fortier did not know Nichols well, and had comparatively few dealings with him. [New York Times, 11/17/1997] The Washington Post describes the defense’s cross-examination of Fortier as “withering.” One of the defense’s contentions is that Fortier was far more involved in the bomb plot than his testimony indicates, and that he may have been more involved than Nichols. [Washington Post, 11/14/1997]
The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) links Nichols and his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), to a rifle stolen from an Arkansas gun dealer, Roger Moore (see November 5, 1994 and Before July 3, 1995). Prosecutors have alleged that Nichols and McVeigh, who planned the robbery, used the proceeds from the robbery to finance the bombing. The link between Nichols and the robbery is made in part by Karen Anderson, Moore’s longtime girlfriend, who says the ornate, custom-made .308-caliber rifle found in Nichols’s Herington, Kansas, home (see 3:15 p.m. and After, April 21-22, 1995) was hers. She says when prosecutors first showed her the rifle, she exclaimed: “It’s my baby!… It was made for me.” Anderson says she has been Moore’s girlfriend for over 20 years, and lives in what is apparently an open relationship with Moore and his wife Carol. Prosecutors say Nichols donned a ski mask and robbed Moore’s gun dealership of more than $60,000 in guns, precious jewels, gold, silver, cash, and other items. Anderson says she recognized several other weapons seized by FBI agents from Nichols’s home. Of one, a shotgun, she says: “I shot a pair of blue jeans with this a couple of times. Jeans with holes cost $100. I figured if you shot them yourself, you could save about $90.” Anderson’s colorful testimony and flamboyant gestures trigger several waves of laughter in the courtroom, including one instance where she apologizes for inadvertently waving a submachine gun at Judge Richard P. Matsch, saying, “I just pointed it at the judge again!” Prosecutor Beth Wilkinson quips in response, “No matter how mad he makes you, don’t fire it.” Anderson says she has a list of the serial numbers of many of the stolen guns; Moore previously told investigators his list of the serial numbers disappeared the day of the robbery. Anderson also discusses her friendship with McVeigh, and says she and Moore were so impressed with McVeigh’s warnings about a United Nations plot to take over the country that they visited several military bases in an unsuccessful search for Russian vehicles. After Anderson testifies, Moore testifies, telling the jury how he was robbed by a man who carried a shotgun, wore a black ski mask, and bound him with duct tape before purloining items from his farm, from which he runs his dealership. He says he was alone on his farm the morning of the robbery, and had just gone outside to feed the animals when he heard a voice say, “Lay on the ground.” He turned and saw “a horrible picture, a man dressed with camouflage, with a black ski mask, carrying a pistol-grip shotgun aimed right at my face.” Attached to the shotgun was a garrote wire that he says could “cut your windpipe and jugular vein.” The robber was a white man wearing what he thinks were Israeli combat boots, Vietnam-era camouflage pants and shirt, and military gloves. Moore says he could see a short beard and suntanned skin through the mouth opening in the mask. He identifies a number of weapons shown to him by prosecution lawyers as being among those stolen from his dealership. Defense lawyer Michael Tigar accuses Moore of conspiring with McVeigh to commit insurance fraud. Tigar asks Moore: “Isn’t it a fact you were not robbed? Isn’t it a fact that you and Mr. McVeigh worked out a plan to get these guns out on the market, and you would collect whatever you could from the insurance company?” Moore angrily responds, “I deny that.” He admits to seeking an insurance settlement even though he had no serial numbers for the stolen weaponry, nor an accurate accounting of the weapons he said had been stolen. He also acknowledges telling investigators differing accounts of the robbery, and engaging in friendly letter exchanges with McVeigh after the robbery, including one letter written by Moore in the days before the bombing that complained of the “New World Order” (see September 11, 1990) and stated, “Plan is to bring the country down and have a few more things happen, then offer the 90 percent a solution (Better Red than Dead).” He also admits to using the alias “Bob Miller” on the gun-show circuit, and admits to previously telling lawyers that he suspected law enforcement agents or militia members of robbing him. However, he says, he also suspected McVeigh of setting him up, and says that the letters were designed to persuade McVeigh to come back to Arkansas so he could question him about the robbery. [New York Times, 11/18/1997; New York Times, 11/19/1997]
The ex-wife of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) testifies in Nichols’s trial. Lana Padilla, frequently breaking into tears during her stint in the witness stand, testifies that Nichols gave her a package that he told her not to open unless she heard that he had died; worried for his safety, she opened it anyway and found letters and evidence that prosecutors say tie Nichols to the Oklahoma City bombing. Nichols gave Padilla the package in the days before he left on a trip to the Philippines (see November 5, 1994 - Early January 1995). He told her to wait at least 60 days before opening the package, but she opened it the day after he left. “I was concerned that there was something awful, that he was not coming back,” she says. Inside were two envelopes, one addressed to her and one addressed to Jennifer McVeigh, the sister of his alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). The letter to Padilla explained how she could gain entry to a storage unit Nichols had rented in Las Vegas, Padilla’s home town, and how she could find a bag of valuables he had hidden in her kitchen. All of the items in storage, Nichols wrote, were for their teenaged son Joshua, while the items in the kitchen were for his daughter Nicole, whom he had with his second wife Marife, a Filipino native (see July - December 1990). A tearful Padilla reads from the letter: “There is no need to tell anyone about the items in storage and at home. Again only the three of us will know. I have the most trust in you here in the US to do as I’ve written.” Nichols, sitting at the defense table, puts his head down and weeps during the letter-reading. The envelope to Jennifer McVeigh contained a second envelope addressed to her brother that advised him to remove everything from a Council Grove, Kansas, locker and “liquidate” the contents of a second locker in that same town (see October 17, 1994), or failing that, to pay to keep it longer under the alias “Ted Parker” of Decker, Michigan. “Ted Parker” is an alias used by Nichols to rent one of the lockers (see November 7, 1994). The letter says Padilla “knows nothing” and concludes with the exhortation: “Your [sic] on your own. Go for it!! Terry.” Prosecutors believe that Nichols’s final exhortation referred to the Oklahoma City bombing. In December 1994, Padilla found the item Nichols had stashed in her kitchen: a WalMart bag filled with $20,000 in $100 bills. Padilla testifies: “My first reaction was surprise, because I didn’t really think—I mean, Terry was in between employment. His wife was away. I didn’t expect him to have any money.” Later that day, Padilla and her son Barry (from another marriage) went to the AAAABCO storage unit in Las Vegas that Nichols had indicated, and the two found a briefcase and a number of boxes. The boxes contained gold and silver coins, and a paper estimating their value at between $36,000 and $38,000; a bag containing a dark wig, panty hose, makeup, and a black ski mask; a cigar box containing jade stones; and other items. Many of those items will later be identified as proceeds from the robbery. When she saw the bag, she testifies: “I looked at the mask, and I thought that—I said: ‘What is he doing? You know, what is he doing? Robbing banks?’ And that was my reaction.” Prosecutors believe that the cash in the kitchen and the goods in the storage unit were obtained by a robbery Nichols had carried off days before (see November 5, 1994). Padilla also testifies that Nichols called her the day after the robbery, November 6, 1994, and spoke of the Branch Davidian debacle near Waco, Texas (see April 19, 1993 and April 19, 1993 and After), and the possibility that the government would be destabilized by civil unrest (see November 6, 1994). “When I hung up the phone,” she testifies, “I realized that it was a very odd conversation. And I’m sorry to say that Waco didn’t enter my mind before the call and Waco didn’t enter my mind after the call. It was just something that seemed to be on Terry’s mind.” Nichols came to Padilla’s home in Las Vegas a few days later, she says, in order to visit Joshua before leaving for the Philippines. When Nichols returned from the Philippines on January 16, 1995, he stayed for a few days with Padilla before leaving for Kansas. Padilla testifies that on January 17: “Terry was standing in the kitchen. He looked at me puzzled. I knew the look was because he had gone behind the drawer” and not found the cash he had left. Padilla had taken the cash to her office for safekeeping, she testifies, and asked Nichols to give her some of it. He refused, she says, and she turned over $17,000 of the money to him. They agreed that she would put the remaining $3,000 in a savings account for Joshua, but she admits to not doing so. “Things changed in my household,” she testifies. She left her current husband, and, she says, “the money was used for the household.” [Washington Post, 11/19/1997; New York Times, 11/20/1997]
FBI agent Stephen E. Smith testifies in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997).
Nichols Told of Picking Up McVeigh - Smith testifies that Nichols told him and other FBI agents that on Easter Sunday, April 16, 1995, three days before the bombing, he drove around downtown Oklahoma City looking for his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Nichols, says Smith, drove around the Murrah Federal Building, McVeigh’s target, several times before finding McVeigh in a nearby alley (see April 16-17, 1995). McVeigh, according to what Nichols told Smith, had asked Nichols for a ride from Oklahoma City back to Nichols’s Herington, Kansas, home (see (February 20, 1995)) because his car had broken down. Nichols found McVeigh, Smith says: “[H]e was standing in a light rain with Mr. Nichols’s TV set and a green laundry bag.” Smith was one of the agents who interrogated Nichols for nine hours after the bombing (see 3:15 p.m. and After, April 21-22, 1995). He was not allowed to testify in McVeigh’s trial, but was allowed to introduce the 22 pages of handwritten notes taken during Nichols’s interrogation. Smith’s testimony is the first to describe what Nichols said about the trip from Oklahoma City to Herington. McVeigh was going to bring Nichols a television set, Nichols told Smith, when his car broke down. Nichols said after he received the telephone call from McVeigh at around 3 p.m., he left about 10 minutes later and drove straight to Oklahoma City. McVeigh had told him to “drive around the block a couple times,” Nichols told the agents, and added that he passed “that building” several times. The alley McVeigh was standing in was, Smith testifies, next to the YMCA near the Murrah Building. Nichols told Smith and the other agents that McVeigh was “hyper” during the return trip to Herington, and they talked about the upcoming anniversary of the federal assault on the Branch Davidian compound in Texas (see April 19, 1993 and April 19, 1993 and After). Nichols told the agents that McVeigh told him “he would see something big in the future.” Nichols, Smith testifies, asked if McVeigh was planning to rob a bank; McVeigh replied, “No, but I’ve got something in the works.” Nichols was shocked to learn that McVeigh was a suspect in the bombing, Smith testifies: “He thought Tim was driving back east to see his family.” Nichols told the agents he could not discern any motive for the bombing, since McVeigh “was supposed to receive an inheritance from his grandfather and he would have money” to do whatever he wanted. Smith testifies that when the agents asked Nichols if he was worried about what McVeigh might say about him, Nichols replied that “he’d be shocked if Mr. McVeigh implicated him.… Terry Nichols said he trusted Timothy McVeigh more than anyone. Timothy McVeigh lived up to his arrangements and took responsibility for his actions.” Smith adds that Nichols never clarified what he meant. Nichols told the agents that the Easter telephone call was the first contact he had had with McVeigh since November 1994. However, other testimony has shown numerous contacts between McVeigh and Nichols since that time period (see November 7, 1994, March 1995, April 13, 1995, April 15, 1995, and April 15-16, 1995). [New York Times, 11/21/1997] Nichols also told federal agents that he spent the morning of April 18 at an auction in Fort Riley, Kansas, and that the same morning, McVeigh had borrowed his pickup truck to run errands. Nichols told agents that the morning of April 18, McVeigh called at 6:00 a.m. and asked to borrow the truck. Nichols agreed, and the two met at a McDonald’s restaurant in Junction City, Kansas, around 7:30 a.m. The two drove to the auction site, and McVeigh took the truck, leaving Nichols at the auction. McVeigh returned after 1:00 p.m. Nichols told agents he signed in at the auction site sometime around noon. [New York Times, 11/26/1997]
Story Contradicted by Other Evidence - Other evidence has shown that Nichols’s story about driving to Oklahoma City to pick up McVeigh and a television set is false. That evidence has shown that on April 16, Nichols met McVeigh at a Dairy Queen in Herington, then the two drove separately to Oklahoma City to scout the location for the bomb. McVeigh left his getaway car at the scene (see April 13, 1995) and the two drove back to Herington in Nichols’s pickup truck (see April 16-17, 1995). On the morning of April 18, McVeigh, staying at a motel in Junction City with his rented Ryder truck (see April 15, 1995), met Nichols at a Herington storage unit (see (February 20, 1995)). The two loaded bags of fertilizer and drums of nitromethane into the Ryder truck, and McVeigh told Nichols, “If I don’t come back for a while, you’ll clean out the storage shed.” They drove separately to Geary County State Fishing Lake, where they met and mixed the explosive components. Nichols later told investigators that he cleaned out the storage shed on April 20. One witness told investigators that he saw McVeigh with a man resembling Nichols at the motel. Other witnesses recalled seeing the Ryder truck parked behind Nichols’s house on April 17, and the Ryder truck and a pickup truck resembling Nichols’s at Geary Lake on April 18. Other witnesses said that on either April 17 or 18, they saw what appeared to be Nichols’s pickup truck parked behind the Herington storage shed (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Videotape from the Regency Towers Apartments, one and a half blocks from the bombed Murrah Federal Building, showed Nichols’s dark blue pickup with a white camper shell passing the building on April 16, though the videotape does not itself disprove Nichols’s claims of driving to Oklahoma City to pick up McVeigh and a television set. [Denver Post, 12/24/1997; Fox News, 4/13/2005] Prosecutors will soon submit evidence showing that Nichols’s claims of his whereabouts on April 18 are incorrect (see November 25, 1997).
Shared Interest in Bombs - Nichols also said that he and McVeigh were curious about bombs. They read books and magazines about them, and discussed how they worked. Nichols told the agents that “it’s possible he [McVeigh] could make a device to blow up a building without my knowledge.” Nichols, Smith testifies, insisted that their interest in bombs was strictly out of curiosity. Nichols told Smith and the other agents that he had learned about explosives from people “who came by the table at gun shows and literature he had read.” Nichols also said that he had learned “ammonium nitrate fertilizer can be used to make a bomb.… I imagine you have to put a blasting cap on it.” Smith testifies that someone had informed Nichols that ammonium nitrate could be mixed with diesel fuel to make a bomb, but adds that Nichols said he had not done that.
Cross-Examination - Nichols’s defense lawyer, Ronald G. Woods, has Smith read the entire 22-page sheaf of handwritten notes he took during his interviews with Nichols, then tells Judge Richard P. Matsch that the typewritten transcript of those notes “was not accurate or complete.” Woods also questions why the interviews were not tape-recorded. Smith calls his notes accurate, but admits that he had not written down what he now testifies was Nichols’s silence when shown a letter he had written to McVeigh the previous November urging him to “Go for it.” During the interview, Smith says Nichols admitted to having the knowledge needed to build a fertilizer bomb after initially denying it. [Washington Post, 11/21/1997; New York Times, 11/22/1997; Denver Post, 12/24/1997]
As the prosecution in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) prepares to rest its case, the prosecuting lawyers attempt to show that Nichols lied about his whereabouts on the day the Oklahoma City bomb was built (see November 20-21, 1997). Nichols claimed that the day the bomb was assembled, April 18, 1995, he was at an auction in Fort Riley, Kansas, from 8:00 a.m. until after 1:00 p.m., while his alleged co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), had borrowed his truck. Prosecutors introduce evidence that shows Nichols and McVeigh worked together to build the bomb in an isolated section of Geary Lake State Park, 16 miles from Nichols’s home in Herington, Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Nichols has not yet testified; his version of events comes from statements he gave to FBI agents two days after the bombing (see 3:15 p.m. and After, April 21-22, 1995). Mary Garza, a civilian employee at Fort Riley and the overseer of the auction that Nichols claimed he attended, produces a document that shows Nichols signed in to the auction at 12:50 p.m. that afternoon, and another document showing that he submitted a sealed bid at 12:37 p.m. on March 18, 1995. Garza testifies that the time clock was off by one month and one hour, and in reality Nichols submitted his bid at 1:37 p.m. on April 18, 1995. Nichols said he wandered from one auction building to the next, but other witnesses testify that the morning of April 18 was extremely cold and windy, and only one building was open to the public. Visitors such as Nichols were required to sign in. Nichols could conceivably have spent five hours outside, examining two small outdoor sales areas, the witnesses say, but the sale was quite small, and none of the witnesses saw Nichols that morning. [New York Times, 11/26/1997]
The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) submits a piece of wood into evidence that it says links Nichols to the bombing. The piece of wood has ammonium nitrate fertilizer crystals embedded in it, the same type of fertilizer used in the bomb that killed 168 people. The same fertilizer was found at Nichols’s Herington, Kansas, home (see 3:15 p.m. and After, April 21-22, 1995). The wood was found by a search team on April 21, 1995, in a parking lot across the street from the Murrah Federal Building. Prosecutors say the wood came from the side of the rented Ryder truck (see April 15, 1995) that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) used to deliver the bomb. FBI agent Alton Wilson testifies that “it appears to have come from the box panel from the Ryder truck.” FBI laboratory supervisor Steven G. Burmeister testifies that when he and other FBI agents searched Nichols’s home, they found explosives, including ammonium nitrate pellets. Ammonium nitrate is the fertilizer that was the main ingredient of the bomb. “They were on the steps leading up to the porch area,” Burmeister testifies. He also says the search turned up Primadet blasting caps, which are used to detonate explosives. Defense lawyers claim the wood was mishandled by FBI crime lab analysts; FBI chemist Ronald Kelly admits in testimony that he did not follow the proper steps in recovering and handling the wood. [New York Times, 11/29/1997] In cross-examination testimony, Burmeister says that he photographed the wood in April 1995, documenting the existence of the ammonium nitrate crystals embedded in it. When he examined the wood in November 1996, he realized that the crystals had disappeared from it. Burmeister says he believes the crystals disappeared as a result of testing in other sections of the lab. [New York Times, 12/2/1997]
The Sky 1, the ship purchased by Sadek Walid Awaad and other al-Qaeda operatives, shown as it sank in 2000. [Source: Tele News Company]US intelligence monitoring the al-Qaeda cell in Kenya trace phone calls to al-Qaeda operatives in Hamburg, Germany, where some of the 9/11 hijackers are living (see August 1997). Around August 1997, Sadek Walid Awaad (a.k.a. Abu Khadija) calls Kenya and is traced by US intelligence to where he lives in Hamburg. [Miller, Stone, and Mitchell, 2002, pp. 201; El Pais, 9/17/2003] Sometime over the next year or so, it is discovered that Awaad has engaged in business dealing with Mamoun Darkazanli, another al-Qaeda operative. Awaad used a Hamburg address for some of his business dealings that was also used by Darkazanli and Wadih El-Hage, who served as bin Laden’s business secretary in Kenya. In 1994, Awaad, Darkazanli, and El-Hage worked together to buy a ship for bin Laden. Apparently US intelligence puts this together by 1998, as one of El-Hage’s notebooks seized in a late 1997 raid details the transaction (see August 21, 1997). Investigators later believe Darkazanli is part of the Hamburg al-Qaeda cell with 9/11 hijackers Mohamed Atta, Marwan Alshehhi, and others. [New York Times, 12/27/2001] Less is known about Awaad and whomever he may have associated with. But in a public trial in early 2001, El-Hage identified him as an Iraqi al-Qaeda operative with German and Israeli passports. [Day 2. United States of America v. Usama bin Laden, et al., 2/6/2001; Day 6. United States of America v. Usama bin Laden, et al., 2/15/2001] An al-Qaeda operative with an Israeli passport connected to the Hamburg cell would seem to be highly unusual and significant, but there has been almost no mention of him in the media after 9/11 and it is unknown if he has ever been arrested.
[Source: PBS]By December 1997, Prudence Bushnell, the US Ambassador to Kenya, is aware that her embassy could be in danger. She has been told of an August 1997 warning that proved there was an al-Qaeda cell in Nairobi (see Late 1994), a precise (and ultimately accurate) November 1997 warning detailing a plot to attack the embassy (see November 1997), and other recent warnings, including information indicating that she is an assassination target. She sends two cables to State Department headquarters in Washington, claiming that the embassy’s location makes it “extremely vulnerable to a terrorist attack,” and asks for security improvements to be made. The State Department turns down her requests and begins to see Bushnell as a nuisance. In early 1998, General Anthony Zinni, the commander of US forces in the region, visits the Nairobi embassy and decides it is vulnerable to terrorist attacks. He offers to send a security team to inspect the situation, but his offer is turned down. The State Department sends its own team instead and in March 1998 determines that about $500,000 worth of easily implemented improvements should make the embassy secure. But the money is not quickly allocated. Bushnell then sends “an emotional letter to Secretary of State Madeleine K. Albright begging for the Secretary’s personal help.” She says she has been fighting for months for a more secure embassy as threats increase, and that the State Department’s refusal to grant her requests for funding is “endangering the lives of embassy personnel.” Albright takes no action. The embassy will be bombed in August (see 10:35-10:39 a.m., August 7, 1998). [New York Times, 1/9/1999]
Thomas Gouttierre. [Source: University of Nebraska]Unocal pays University of Nebraska $900,000 to set up a training facility near Osama bin Laden’s Kandahar compound, to train 400 Afghan teachers, electricians, carpenters and pipe fitters in anticipation of using them for their pipeline in Afghanistan. One hundred and fifty students are already attending classes in southern Afghanistan. Unocal is playing University of Nebraska professor Thomas Gouttierre to develop the training program. Gouttierre travels to Afghanistan and meets with Taliban leaders, and also arranges for some Taliban leaders to visit the US around this time (see December 4, 1997). [Daily Telegraph, 12/14/1997; Coll, 2004, pp. 364] It will later be revealed that the CIA paid Gouttierre to head a program at the University of Nebraska that created textbooks for Afghanistan promoting violence and jihad (see 1984-1994). Gouttierre will continue to work with the Taliban after Unocal officially cuts off ties with them. For instance, he will host some Taliban leaders visiting the US in 1999 (see July-August 1999).
Blackwater logo. [Source: Blackwater]In June 1997, three months after having been discharged from active duty, ex-Navy Seal Erik Prince incorporates the Blackwater Training Center. He purchases more than 4000 acres in Currituck County, North Carolina, for $756,000, and nearly one thousand acres in Camden County for $616,000. The new compound is built near the Great Dismal Swamp. The stated idea behind Blackwater was “to fulfill the anticipated demand for government outsourcing of firearms and related security training.” In May 1998, Blackwater opens for business. It is suggested that the early years of Blackwater are slow going, but the volume of secret contracts makes that difficult to verify. [Scahill, 3/1/2007]
Major General Larry Arnold, who became commander of the Continental United States NORAD Region (CONR) in December 1997, fights to preserve the resources assigned to US air sovereignty (see May 19, 1997 and Late August 2001). To emphasize the need for air bases with fighter jets on alert, Arnold frequently gives a presentation describing “asymmetric” threats and including a slide featuring Osama bin Laden. As Arnold will later recall: “[W]e thought that the biggest threat to the US in the briefing that I always gave… was going to come from an asymmetric threat, from a terrorist or a rogue nation, or maybe associated with the drug cartels to some degree. The picture that we used to have on one of our slides there, dating all the way back to 1997 and 1998, was Osama bin Laden.” [Filson, 2002] Colonel Alan Scott, who serves under Arnold at CONR, will later describe the “El Paso example” that Arnold uses to illustrate the need for more alert sites. Scott says: “We had fairly large gaps between our seven alert sites pre-9/11. The largest was between Riverside, CA, and Houston, TX. El Paso, TX, was in the middle of those two alert sites. There was no perceived ‘military’ threat from Mexico. As the threat of terrorism arose, General Arnold began to use the example in his talks to various groups. The example was that if a terrorist called and said in one hour he would overfly El Paso, TX, and spray deadly gas, we would watch it live on CNN because we could not get aircraft to that location in time to stop the attack.” [Filson, 7/14/2002]
In Ottawa, 122 governments sign the Mine Ban Treaty, also known as the Ottawa Convention. In September of the following year, Burkina Faso becomes the 40th country to ratify the agreement, triggering entry of force for March 1999 and making the treaty binding under international law. As signatories to the Convention, member-states are prohibited from using, developing, or stockpiling anti-personnel mines. By 2004, 152 states will have signed and 143 ratified or acceded to the treaty, leaving only 42 countries which do not recognize it. [Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, 12/1997; International Campaign to Ban Landmines, 3/25/2005] The United States is the only G7 country that refuses to sign. [Associated Press, 11/26/2004; BBC, 11/30/2004; BBC, 12/2/2004]
Experts testify in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) that the bomb used to destroy the Murrah Federal Building in Oklahoma City was probably made with ammonium nitrate. Prosecutors have shown that Nichols bought two tons of ammonium nitrate fertilizer and stored it, along with other bomb components, in lockers rented under false names (see November 6, 1997). In aggressive cross-examination, defense lawyer Michael Tigar attempts to cast doubt on the forensic evidence presented by the experts. FBI laboratory supervisor Steven G. Burmeister, who has already defended his findings on ammonium nitrate crystals found in a shard of wood he and other experts believe was from the Ryder truck used to deliver the bomb (see November 28 - December 2, 1997), admits that nitromethane that, according to an FBI report, was found in Nichols’s home might have come from a container of model airplane fuel. Burmeister says that the evidence of nitromethane was found near model airplane parts; nitromethane is used in model airplane fuel. “When you reported out your results, did you report that you had found model airplane fuel and a model airplane?” Tigar asks, and Burmeister replies, “No.” Tigar then emphasizes: “You just reported you had found nitromethane. Right?” Burmeister responds, “The result was nitromethane and methanol.” Tigar continues to press, saying: “But did you take steps to make sure that people were going to understand that this was found right next to some model airplane parts? Did you do that?” Burmeister says he did not. British explosive expert Linda Jones, who testified in the trial of convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), says she believes the bomb weighed 3,000 to 6,000 pounds and contained ammonium nitrate. Its other elements were apparently consumed in the explosion. The prosecution has called Jones as an independent expert because of widespread criticism of the FBI laboratory and its employees (see January 27, 1997 and April 16, 1997). [New York Times, 12/2/1997]
The prosecution concludes its case against accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) with a gripping story by Marine Captain Matthew Cooper, telling of his attempts to rescue colleagues from the rubble of the devastated Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Legal experts say the prosecution presented a convincing, but not necessarily overwhelming, case against Nichols, who is charged with eight counts of first-degree murder and four counts of conspiracy related to the bombing. Nichols’s co-conspirator, Timothy McVeigh, has already been sentenced to death for the crime (see June 2, 1997 and June 11-13, 1997). Essentially, the prosecution used a mountain of circumstantial evidence to tie Nichols to the crime, even though he was not in Oklahoma City on the day of the bombing (see April 16-17, 1995). Law professor Christopher Mueller says, “There is a huge combination of circumstances that connect Nichols to McVeigh just as there was a huge combination of circumstances connecting McVeigh to the bombing.” Legal analyst Andrew Cohen says: “If the jurors followed the prosecution’s story, then Nichols is in big trouble. But the defense has already done a good job showing that there are inconsistencies and contradictions and those could be enough to hang a jury.” Analysts say the prosecutors were less successful in introducing emotion into the Nichols trial than the prosecutors in the McVeigh trial. And prosecution eyewitnesses such as Cooper and Michael Fortier (see November 12-13, 1997) were less effective in this trial than they were in testifying against McVeigh. Nichols’s defense lawyers have successfully challenged the prosecution’s attempts to have witnesses like Cooper tell graphic and emotionally wrenching stories; today, Cooper’s testimony is brief and matter-of-fact, whereas during his testimony in McVeigh’s trial, he was detailed and emotional, breaking into tears during his stint on the stand. Also, analysts say, the prosecution was not entirely successful in portraying Nichols’s motive for taking part in the bomb plot. [Washington Post, 12/3/1997]
The defense in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) opens with an array of witnesses designed to cast doubt on Nichols’s alleged participation in the Oklahoma City bombing plot with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Three witnesses testify that in the days before the bomb destroyed an Oklahoma City federal building, they saw McVeigh in the company of a man who has become known as “John Doe No. 2,” a person that some believe conspired with McVeigh to build and deliver the bomb. Prosecutors believe that “John Doe No. 2” was an Army soldier who had no involvement with McVeigh (see April 15, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Defense lawyers assert that McVeigh conspired with “John Doe No. 2” and not their client. Eldon Elliott, who owns the Junction City, Kansas, shop where McVeigh rented the Ryder truck used to deliver the bomb (see April 15, 1995), testifies that he rented the Ryder truck to McVeigh, and that when McVeigh picked up the truck on April 17 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), he was accompanied by a man who was not Nichols. Estella Weigel, a health worker, then testifies that she was driving south on Interstate 135 near McPherson, Kansas, sometime between 7 a.m. and 8 a.m. on April 18 when she had to slow down for a large Ryder truck following closely behind a beige car that “reminded me of my sister’s ‘78 Mercury.” McVeigh had just bought a similar car, which prosecutors say he used for his getaway (see April 13, 1995). Weigel noted that the car had no license plates, and later realized that the driver resembled the sketch of “John Doe No. 2.” There were two men in the truck, she says, neither of whom were Nichols. Prosecutors say Nichols and McVeigh were at that time on their way to Geary County State Fishing Lake to assemble the bomb. A third witness, obstetrical nurse Mary Martinez, tells the jury she saw McVeigh driving a large Ryder truck in Junction City on the morning of April 18; a man she thought was “Mexican” was in the passenger seat. Under cross-examination, Martinez admits that her story has changed dramatically: she originally described a smaller Ryder truck with a red-haired driver, and said the passenger stood up in the cab of the truck. [Washington Post, 12/4/1997; New York Times, 12/4/1997; Denver Post, 12/24/1997]
Taliban representatives in Texas, 1997. [Source: Lions Gate Films]Representatives of the Taliban are invited guests to the Texas headquarters of Unocal to negotiate their support for the pipeline. Future President George W. Bush is Governor of Texas at the time. The Taliban appear to agree to a $2 billion pipeline deal, but will do the deal only if the US officially recognizes the Taliban regime. The Taliban meet with US officials. According to the Daily Telegraph, “the US government, which in the past has branded the Taliban’s policies against women and children ‘despicable,’ appears anxious to please the fundamentalists to clinch the lucrative pipeline contract.” A BBC regional correspondent says that “the proposal to build a pipeline across Afghanistan is part of an international scramble to profit from developing the rich energy resources of the Caspian Sea.” [BBC, 12/4/1997; Daily Telegraph, 12/14/1997] It has been claimed that the Taliban meet with Enron officials while in Texas (see 1996-September 11, 2001). Enron, headquartered in Texas, has an large financial interest in the pipeline at the time (see June 24, 1996). The Taliban also visit Thomas Gouttierre, an academic at the University of Nebraska, who is a consultant for Unocal and also has been paid by the CIA for his work in Afghanistan (see 1984-1994 and December 1997). Gouttierre takes them on a visit to Mt. Rushmore. [Dreyfuss, 2005, pp. 328-329]
The mother of a woman killed in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) issues an angry statement demanding that accused Oklahoma City bombing conspirator Terry Nichols (see November 3, 1997) testify in his own defense. Marsha Kight, the mother of 22-year-old Frankie Ann Merrell, who died in the bombing, is incensed at media reports that Nichols will probably not testify in his own defense. Lead defense lawyer Michael Tigar says that while no final decision as to Nichols’s testimony has yet been made, his client is under no obligation to take the stand. [New York Times, 12/5/1997]
Defense lawyers continue their attempt to show that their client, accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), was not involved in the conspiracy to bomb the Murrah Federal Building (see December 2-3, 1997), but that others besides Nichols worked with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Two witnesses, James L. Sergent and Georgia Rucker, testify that they saw a large Ryder truck parked at Geary State Fishing Lake, north of Herington, Kansas, where Nichols lives, on April 10, 11, and 12, 1995. Prosecutors say that McVeigh and Nichols brought a Ryder truck to that lake on April 18 to assemble the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Rucker says she saw the same truck at the lake on April 18. Their testimony is designed to bolster the contention that more than just two people took part in building the bomb (see (April 1) - April 18, 1995). Defense lawyers also challenge the credibility of Roger E. Moore, an Arkansas gun dealer whom prosecutors say was robbed by Nichols as part of an attempt to finance the bomb construction (see November 17-18, 1997 and November 19, 1997). Defense witness Larry Hethcox says that Moore later told him the robber took many more items than he originally claimed in police reports. However, the prosecution forces Hethcox to acknowledge that the serial number of one of the guns found in Nichols’s house (see 3:15 p.m. and After, April 21-22, 1995) was of a gun Hethcox sold to Moore. [New York Times, 12/5/1997]
The defense in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) mounts an attack on Nichols’s alleged co-conspirator, convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Nichols’s lawyers present evidence showing that McVeigh is an anti-government zealot who passed out extremist literature and even wore a T-shirt showing a wanted poster for Abraham Lincoln to a child’s birthday party—the same shirt he wore the day of the bombing. Witnesses testify that McVeigh gave them copies of the same anti-government literature found in the home of Nichols during an FBI search (see 3:15 p.m. and After, April 21-22, 1995). Defense lawyers say that Nichols was just one of many people to whom McVeigh gave such literature, and that McVeigh was a far more committed extremist than Nichols. The defense introduces a letter McVeigh wrote to “S.C.,” a person the FBI believes to be Steven Garrett Colbern, a drifter with a degree in biochemistry and an interest in explosives, though investigators quickly cleared Colbern of any involvement in the bombing plot (see May 12, 1995). The letter was taped to an electrical tower in the California desert, near the Arizona state line, and found by electrical worker Donald E. Pipins (see November 30, 1994). The letter says in part: “I’m not looking for talkers. I’m looking for fighters,” men who could share “a common, righteous goal.” Pipins testifies to his finding the letter. [Washington Post, 11/14/1997; New York Times, 12/6/1997]
The defense in the Terry Nichols bombing conspiracy trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) presents an array of witnesses who say they saw convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) in the company of someone besides Nichols in the days before the bombing. The defense intends to portray the still-unidentified “John Doe No. 2” (see April 15, 1995, April 18, 1995, April 20, 1995, April 21, 1995, and April 29, 1995) as McVeigh’s accomplice, and not Nichols. Government officials have long claimed that “John Doe No. 2” was a misidentification by witnesses of a person who had no involvement in the bomb plot, Private Todd Bunting of Fort Riley, Kansas (see June 14, 1995). Prosecutors say that those witnesses who claim to have seen “John Doe No. 2” might have seen Bunting or other Fort Riley soldiers with other Ryder trucks aside from that used by McVeigh to deliver the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), or were influenced by the wanted poster.
Dishwasher Resembled Sketch - Darvin Ray Bates, the former mayor of Waurika, Oklahoma, says in May 1995 he hired a drifter to work as a dishwasher in his Duncan, Oklahoma restaurant. The drifter resembled the sketch federal officials circulated of “John Doe No. 2,” Bates testifies. He says, “I could never pronounce his name, and he said, ‘Just call me John’.” Bates says the man told him he was from Kingman, Arizona, the same town where McVeigh lived. In the days after the bombing, Bates testifies, he told “John” that he looked like the sketch of “John Doe No. 2,” and the man never returned to work. Bates informed the FBI of the encounter, but, he says, an agent told him “they had the two arrested that they needed in the case, and if they needed additional information they could call me.” No one from the FBI contacted Bates again.
Saw Man Accompanying McVeigh One Hour before Bombing - Morris John Kuper, Jr, a computer specialist, testifies that on April 21, two days after the bombing, he told FBI agents that he saw two men getting into an old car across the street from his parking lot at the Kerr-McGee Corporation in Oklahoma City about an hour before the April 19 bombing. One man looked like McVeigh, he testifies, while the other resembled “John Doe No. 2.” Kuper says it took months for FBI agents to contact him about his sighting. Obstetrical nurse Mary Martinez has already testified about seeing McVeigh and “John Doe No. 2” in a Ryder truck in Junction City, Kansas two days before the bombing; prosecutors were able to cast strong doubts upon her story (see December 2-3, 1997).
Sightings of Man At Motel - Hilda Sostre, a maid at the Dreamland Motel, where McVeigh stayed for four days before the bombing, testifies she saw a man resembling “John Doe No. 2” at the motel on April 17, two days before the bombing. She says she saw him walking towards a large Ryder truck. If accurate, Sostre’s sighting conflicts with the prosecution’s assertion that McVeigh did not bring the truck to the motel until much later that day. Shane M. Boyd, who was staying at the Dreamland, testifies that he saw a man resembling “John Doe No. 2” at the motel on Saturday, April 15. Boyd says he passed the man while walking back to his room (see April 13, 1995).
Store Worker Saw McVeigh, Man Together - Rose Mary Zinn says that on April 17, she was working alone in a store in Lincolnville, Kansas, when two men came in. “One was blond and white, and the other one was a dark-complected guy,” she testifies. “The dark-colored guy looked mean. So I know this might sound silly, but I thought, uh-oh, I’m going to be robbed.” Instead of robbing her, they bought cigarettes and soda and left. She says she watched them get into a large Ryder truck. She cannot testify to the men’s features, and says the blond man was shorter than his companion; McVeigh is described as being significantly taller than “John Doe No. 2.”
Father and Son Saw Two Men at Lake - Raymond Siek, who was returning from a funeral on the afternoon of April 17, says he noticed a Ryder truck at Geary State Fishing Lake, the place where prosecutors say the bomb was built on April 18. Siek testifies that he saw two men, and turned to his son, Kevin Siek, and observed, “I wonder what those idiots are doing down there in the rain.” Kevin Siek also testifies: his story is that he saw three men that day, with the third being shorter and perhaps an adolescent.
Other Sightings - On April 17, two people working at the body shop that rented McVeigh the Ryder truck, Eldon Elliott and Vicki Beemer, have said they saw McVeigh and another man in the shop, but neither can describe the second man. Estella Weigel, a health care worker, has already testified she saw a man who looked like “John Doe No. 2” driving an old Mercury similar in year and color to one owned by McVeigh sometime between 7 and 8 a.m. on April 17 (see December 2-3, 1997). [New York Times, 12/10/1997]
Entity Tags: Geary State Fishing Lake And Wildlife Area, Vicki Beemer, Estella Weigel, Dreamland Motel (Junction City, Kansas), Darvin Ray Bates, Todd David Bunting, Timothy James McVeigh, Terry Lynn Nichols, Shane Boyd, Mary Martinez, Kevin Siek, Eldon Elliott, Hilda Sostre, Raymond Siek, Rose Mary Zinn, Morris John Kuper, Jr
Timeline Tags: US Domestic Terrorism
Marife Nichols (see July - December 1990), the wife of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), gives what analysts call a powerful defense of her husband during trial testimony. Her testimony is combined with that of three others to cast doubt on the prosecution’s assertions that Nichols conspired with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to build and detonate the bomb that killed 168 people. The defense, already having attempted to establish that an unidentified person and not Nichols conspired with McVeigh (see December 2-3, 1997, December 4, 1997, and December 9, 1997), now tries to allege that McVeigh was a member of a much larger conspiracy that federal law-enforcement officials never seriously explored. The indictments against both McVeigh and Nichols say that “persons unknown” may have assisted McVeigh and Nichols in the bomb plot. The Washington Post observes that while the others’ testimonies may have helped Nichols, Nichols’s wife’s testimony may have “done more harm than good.” The New York Times agrees, saying that her testimony “seemed to confirm some of the strongest evidence against him.” [New York Times, 12/11/1997; Washington Post, 12/12/1997; New York Times, 12/12/1997]
Mechanic Testifies to Seeing Five Men at Bomb Building Site - Charles Farley, a mechanic from Wakefield, Kansas, testifies that on April 18, 1995, around 6:00 p.m., he came across five men and four vehicles, including a large Ryder truck and a farm truck laden with bags of ammonium nitrate fertilizer, at Geary State Fishing Lake, near Herington, Kansas. Prosecutors believe that McVeigh and Nichols alone built the bomb at the state park sometime on the morning of April 18 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Farley says he later saw one of the men, an older man with gray hair and a beard, on television. A photo of the man is shown to the jury, but the man is not identified. Sources say the man is the leader of a Kansas paramilitary group.
BATF Informant Testifies - Carol Howe, a former informant for the Bureau of Alcohol, Tobacco and Firearms (BATF—see August 1994 - March 1995), then testifies, linking McVeigh to white supremacist Dennis Mahon and a group of Christian Identity supremacists living at Elohim City, Oklahoma (see (April 1) - April 18, 1995). Howe says in the spring of 1994, Mahon took a call from a man he identified as “Tim Tuttle,” a known alias of McVeigh’s (see October 12, 1993 - January 1994). Howe says she never told BATF or any other federal agents about the conversation because she did not know “Tuttle” was McVeigh. Howe also says she saw McVeigh at Elohim City in July 1994, in the company of two Elohim City residents, Peter Ward and Andreas Strassmeir. She says at the time she did not know McVeigh. After the bombing, Howe testifies, she told FBI investigators that Ward and his brother might be “John Doe No. 1 and No. 2,” the suspects portrayed in composite sketches circulated in the days after the bombing (see April 20, 1995). She testifies that in the days following the bombing, BATF agents showed her a videotape of McVeigh, and she told the agents she had seen McVeigh at a Ku Klux Klan rally.
White Supremacist Settlement Resident Testifies about Phone Call - Joan Millar, the daughter-in-law of Elohim City religious leader Robert Millar, testifies that on April 5, 1995, she believes she spoke to McVeigh on the telephone. Phone records show that McVeigh called a number in Elohim City on that date (see April 5, 1995). “When I answered the phone, it was a male voice,” she says. “He gave a name, but it wasn’t ‘McVeigh.’ He said that he had—he would be in the area within the next couple weeks and he wanted to know if he could come and visit Elohim City.” She says the caller was reluctant to explain how he knew of the settlement, then says he met some residents at a gun show. A man with “a very broad foreign accent” had given him a card with a telephone number on it, she says he told her. She asked if he had spoken to “Andy,” meaning Strassmeir, and the caller said that may be correct. Millar says the caller told her he would call again for directions, but never called back and never came to the settlement. Millar says that while Elohim City residents were angry and worried about the federal assault on the Branch Davidian compound outside of Waco, Texas (see April 19, 1993 and April 19, 1993 and After), they planned no retaliation. Howe, however, testifies that she heard Strassmeir, Mahon, and Robert Millar advocate some sort of direct action against the federal government. Prosecutors have always maintained that Nichols and McVeigh bombed the Murrah Federal Building in Oklahoma City to avenge the people who died at the Branch Davidian compound.
Testimony of Wife - Marife Nichols testifies that she heard her husband talk about the Davidian tragedy with McVeigh and his brother James Nichols, but says she “did not see Terry being so mad about Waco.” Marife Nichols walks the jury through the events of April 21, when she accompanied her husband to the Herington, Kansas, police station to give voluntary statements about the bombing (see 3:15 p.m. and After, April 21-22, 1995). She describes her husband as “pale and scared,” and says, “He told me his name was in the news and James Nichols was in the news, and they’re supposed to be armed and dangerous.” Her husband worried that they were being followed by “a black car” on their way to the police station. When he said that, she testifies, “I asked him right then, ‘Are you involved in this?’ and he said, ‘No.’” She testifies that before he returned from a November 1994 trip to the Philippines (see November 5, 1994 - Early January 1995) he had told her that he was no longer having dealings with McVeigh (see March 1995). “I didn’t want Tim McVeigh in our life,” she says. [New York Times, 12/11/1997]
Cross-Examination Damaging to Defense Portrayal - Lead defense attorney Michael Tigar asserts that Marife Nichols’s testimony shows that “Terry Nichols was building a life, not a bomb.” However, under cross-examination, prosecutors quickly elicit details about the Nichols’s marriage that shows the two as distant and estranged, casting a new light on Marife Nichols’s attempt to portray their relationship as close and loving. She admits that for much of their seven-year marriage, they lived apart from one another, with her returning frequently to her home in the Philippines. She also admits that Nichols lied to her about breaking off his relationship with McVeigh, and that she suspected her husband was living a “secret life” that included numerous aliases and secret storage lockers, though she says as far as she knows, McVeigh was never in their home. She responds to questions about her husband’s shadowy activities by saying: “I don’t know. I didn’t ask him.” She recalls finding a letter to Nichols from McVeigh the week before the bombing, and though she says she did not understand the letter entirely, she remembers some phrases, including “shake and bake” and “needed an excuse for your second half.” US Attorney Patrick M. Ryan shows her a pink receipt found in the Nichols home for a ton of ammonium nitrate that prosecutors say was used to make the bomb, a receipt made out to “Mike Havens,” an alias used by Nichols to buy the fertilizer (see September 22, 1994 and September 30, 1994). The receipt was wrapped around gold coins found at the back of her kitchen drawer; federal analysts found McVeigh’s fingerprints on the receipt. Ryan places two gold coins on the receipt, fitting them precisely into two dark impressions left on the receipt, presumably by the coins. The coins belong to Nichols, and may have come from a robbery Nichols perpetrated to help finance the bombing (see November 17-18, 1997). On April 16, she says, Nichols told her he was going to Omaha, Nebraska, to pick up McVeigh, when in reality he went to Oklahoma City (see April 16-17, 1995). Prosecutors have said that Nichols helped McVeigh stash the getaway car to be used on April 19 after the bomb was detonated (see April 13, 1995). He admitted lying to her about the April 16 trip just seconds before turning himself in on April 21, she says. She admits that Nichols had used a mail-order bride service to find her, and says he once told her, “Young ones were easier to train.” Marife Nichols was 17 when she married Nichols in November 1990; after they married in Cebu City, Philippines, he left her there and returned to the US without her, only bringing her to America months later. She says that she could not remember the exact date of their wedding. She also admits that when she joined Nichols in July 1991, she was pregnant with another man’s child. That child was found in 1993 dead with a plastic bag wrapped around his head; his death was ruled an accident. The two have two more children together. She is unable to offer an alibi for Nichols’s whereabouts on the morning of April 18, when prosecutors say he helped McVeigh construct the bomb. In saying she knew nothing about the storage lockers rented under aliases, she seems to contradict Tigar’s previous assertions that the storage lockers were used for storing innocent items and Nichols chose to use aliases merely to avoid creditors (see November 3, 1997). She also contradicts Nichols’s statements to the FBI that he had not seen McVeigh for months before the bombing.
Defense Rests - After Marife Nichols’s testimony concludes, the defense rests. The Post observes: “The defense’s eight-day case was aimed at generating confusion among jurors by poking holes in the government’s scenario, with the specter of additional accomplices and a second Ryder truck. At times, it seemed like the defense was trying to put the mysterious suspect John Doe No. 2—who was never identified and never found—on trial, instead of Nichols.” Nichols does not testify in his own defense.
Prosecutors Rebut Testimonies - The prosecution offers a brief rebuttal to the testimonies of witnesses who say they saw the Ryder truck at Geary Park earlier than April 17. State park employee Kerry L. Kitchener testifies that in April 1995, he was conducting a fishing survey at the park, and he saw no Ryder truck on April 10, 11, 13, 16, or 17, dates when defense witnesses said they had seen such a truck there. He testifies that he was not at the park on April 18, when prosecutors say Nichols and McVeigh built the bomb there in a Ryder truck. [Washington Post, 12/12/1997; New York Times, 12/12/1997]
Entity Tags: Geary State Fishing Lake And Wildlife Area, Charles Farley, Washington Post, Elohim City, Carole Howe, Andreas Strassmeir, Terry Lynn Nichols, Robert Millar, Timothy James McVeigh, Patrick M. Ryan, Kerry L. Kitchener, Joan Millar, Marife Torres Nichols, Michael E. Tigar, James Nichols, New York Times, Peter Ward
Timeline Tags: US Domestic Terrorism
Darrell Lewis, the head of the planning department for Duluth, Minnesota, turns down an offer to serve as the director of the Topeka-Shawnee County Metropolitan Planning Agency because of what he calls the “atmosphere of oppression” in Topeka, Kansas. Lewis specifically cites the efforts of the Topeka-based Westboro Baptist Church (WBC—see November 27, 1955 and After), which loudly condemns homosexuality and other practices with which it disagrees. “Because of the public nature of the job, I think I would become a target of Fred Phelps,” he says, referring to the pastor of the WBC. “I can’t subject my children to that.” Lewis is openly gay, though he says he is quiet about his sexual orientation and denies being a “gay activist.” Lewis says he was ready to take the job until December 8, 1997, when he saw a Phelps protest during a visit to Topeka. He is also concerned with the city’s failure to pass an anti-discrimination law based on sexual orientation. “Frankly, in Minnesota it [homosexuality] is not much of an issue,” Lewis says. Phelps says if his church helped persuade Lewis not to come to Topeka, then he and his church have done the city a public service. The church is serving a larger purpose, he says, by helping persuade homosexuals not to come to Topeka. Gays “can’t think straight about anything,” Phelps says, and should not be allowed in important positions. Shawnee County Commission chairman Ted Ensley says he is stunned by Lewis’s decision. He did not know about Lewis’s sexual orientation and says it would not have been an issue in deciding whether to offer Lewis the position. Topeka Mayor Joan Wagnon agrees with Ensley, saying: “It just doesn’t make any difference to me. His ideas and his credentials were wonderful. I don’t think his sexual orientation is anybody’s business but his own.” However, Commissioner Mike Meier says he is glad Lewis has decided not to take the position. Meier says he is opposed to homosexuality, and notes, “I’m not Fred Phelps, but I’m pretty damn straight.” [Topeka Capital-Journal, 12/14/1997; Topeka Capital-Journal, 12/14/1997] The WBC will stage protests in Duluth in response to Lewis’s decision. [Topeka Capital-Journal, 3/23/1998]
The prosecution and defense in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) give their closing statements.
Prosecution: Nichols an Eager Participant - Prosecutor Beth Wilkinson tells the jury that even though Nichols was at home on the day of the bombing, he was an eager participant in the bomb plot, and shares the violent anti-government views of his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Like McVeigh, she says, Nichols wanted to strike back at the federal government for its role in the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He intended death, destruction, and chaos in Oklahoma City on April 19, 1995,” she says. His favorite quote is from Founding Father Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” However, “Thomas Jefferson never bombed a day care center.” Nichols was involved in the plot from its inception in September 1994, when he left his job on a Kansas ranch “to begin gathering bomb components” (see September 13, 1994 and September 23, 1994), Wilkinson says. Nichols used aliases, such as “Mike Havens,” to purchase several tons of ammonium nitrate fertilizer, a key component in the bomb (see September 22, 1994 and September 30, 1994). He took part in the robbery of a quarry to secure explosives and explosive components (see October 3, 1994), and took part in the purchase of three barrels of nitromethane racing fuel from a Texas dealer (see October 21 or 22, 1994). Nichols also robbed an Arkansas gun dealer to help finance the bombing (see November 5, 1994), a fact confirmed by testimony given by McVeigh’s friend Michael Fortier (see November 12-13, 1997) and by the FBI finding items taken in that robbery in Nichols’s possession (see 3:15 p.m. and After, April 21-22, 1995). Nichols and McVeigh had assembled most of what they needed by November 1994, she says, when Nichols went to the Philippines (see November 5, 1994 - Early January 1995); after that point, she says, “all they had to do was wait.” When Nichols returned from his trip, they resumed their activities, using sales of guns and ammonium nitrate at gun shows to give themselves alibis. In contrast to a claim made in the opening statement by Nichols’s lead lawyer, Michael E. Tigar, she says Nichols was not building a life, “he was building a bomb, and he was building an alibi.” Wilkinson says that witnesses who testified they saw McVeigh with an unidentified person, and not Nichols, in the days before the bombing (see December 2-3, 1997, December 4, 1997, and December 9, 1997), were just plain wrong. Referring to the now-infamous “John Doe No. 2,” she says: “As a result of the media frenzy, sightings of John Doe 2 were about as common and credible as sightings of Elvis. No one is telling you Tim McVeigh was never with anyone else. The issue here is, who is on trial? John Doe 2 is not on trial. Tim McVeigh is not on trial. This is the trial of Terry Nichols.” Concluding the prosecution’s close, lead prosecutor Larry Mackey tells the jury, “It’s finally time—it’s time for justice” in what he calls “America’s most horrific crime.”
Defense: Nichols Victimized by Government - Tigar tells the jury that Nichols is the victim of a farrago of errors and circumstance; the evidence against him, Tigar says, is comprised of dishonest witnesses, sloppy investigation, and misleading circumstantial evidence. “It’s kind of like a stick on the ground, as Sherlock Holmes told Watson,” Tigar says. “If you stand here and look, it seems to point there. But if you walk around to the other side, it points in the opposite direction.” A fellow defense lawyer, Ronald G. Woods, attacks the government’s case, saying, “Anything that differs from the government’s theory, they discount, put aside, ridicule.” The witnesses who saw other men in McVeigh’s company during key moments in the bomb construction timeline were neither wrong nor mistaken, he says. Neither Tigar nor Woods refer at any length to the testimony of Nichols’s wife Marife, which is largely viewed as damaging to their client (see December 10-11, 1997). Tigar continues his previous attack on Fortier, saying: “Michael Fortier is the only witness who says he ever heard anyone say they wanted to bomb the Murrah Building. His testimony was bought and paid for, not with money but with a coin that only the government has the ability to print and hand out, and that is immunity from punishment.” Tigar says that Fortier was far more of a conspirator in the McVeigh plot than Nichols, and accuses the government of turning Fortier from a co-conspirator into a witness. Woods accuses the FBI of manipulating and fabricating witness testimony. Tigar concludes tearfully: “One hundred sixty-eight people died in Oklahoma City. We have never denied the reality of that.” But this is a nation that promises equal justice under law, he says, “rich or poor, neighbor or stranger, tax protester or not, someone who’s different from us, or not.… Members of the jury, I don’t envy you the job that you have,” he says, placing his hand on Nichols’s shoulders. “But I tell you, this is my brother. He’s in your hands.” [New York Times, 12/16/1997; New York Times, 12/17/1997]
After the closing arguments (see December 15-16, 1997) in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), Judge Richard P. Matsch sends the jury to begin its deliberations. Jurors will not be sequestered and are free to go home at the end of the day. Matsch reminds the jury that “individuals, including Mr. Nichols, have the right under the First Amendment to assemble and discuss even the most unpopular ideas, including unlawful acts, and such a discussion does not constitute an unlawful agreement.” He also tells the jurors to weigh the case solely on the evidence. [New York Times, 12/17/1997] Matsch gives the Nichols jury more leeway than he gave the jury that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Though Nichols faces the same charges that McVeigh faced, Matsch tells the jurors that they can consider charges of first-degree murder, second-degree murder, or involuntary manslaughter for Nichols in the deaths of eight federal law enforcement agents in the bombing. (Because McVeigh and Nichols were tried in federal courts, they could only face charges of murdering federal agents. Both men await state charges of murdering the other 160 victims.) If convicted, Nichols could escape with as little as six years in prison without parole for his role in the deaths of the agents, or he could be sentenced to death. McVeigh’s former lawyer Stephen Jones (see August 14-27, 1997) says: “I suspect the judge’s thinking went something like this: There was no evidence Nichols was in Oklahoma City on Wednesday and that he himself set off the bomb, so the jury might infer that while he wanted to blow up the building, he didn’t specifically want to kill these people.” To find Nichols guilty of first-degree murder, the jurors must conclude that he is guilty of premeditated murder; if they do not agree on premeditation, then their next choice is second-degree murder, or failing that, involuntary manslaughter, “the unlawful killing of a human being without malice.” This would be a “lawful act, done without due caution, which might produce death,” he says. Jones is critical of Matsch’s guidelines, saying: “I can’t imagine how the judge persuaded himself to give an instruction on manslaughter. I don’t see how you get involuntary manslaughter out of building a bomb. It’s like a virgin prostitute.” [New York Times, 12/19/1997; New York Times, 12/23/1997]
Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) sends a letter to the Dallas Morning News that says he expects the appeals of his conviction to fail. “Because of the intense public pressure and demand for my blood, I do not see an appeals court ruling in my favor,” he writes, echoing a statement made to a Buffalo News reporter (see August 17, 1997). McVeigh writes: “I have no fear of execution. If anything, death by execution is much more predictable than normal life or combat—because I at least know when and how I’m checking out.” [New York Times, 12/20/1997; Mayhem (.net), 4/2009]
A jury of nine women and three men is seated in the trial of Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996 and June 9, 1996). [Washington Post, 1998] The next day, the Associated Press prints brief profiles of the 12 jurors and six alternates chosen to hear the trial, though it does not name them. All are white. The jury is divided on its feelings about the death penalty, with many making similar statements to that given by Juror #2 during voir dire: “It’s not comfortable enough for me, but I could” vote for it. [Associated Press, 12/23/1997]
Accused Oklahoma City conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 15-16, 1997) is convicted of one count of conspiracy to use a weapon of mass destruction and eight counts of involuntary manslaughter. He is found not guilty of use of a weapon of mass destruction (see April 16-17, 1995), and of using an explosive, as well as the more serious charges of first-degree and second-degree murder. The jury took 41 hours over six days to decide Nichols’s fate (see December 16-18, 1997). By rejecting the murder charges in the deaths of eight federal law-enforcement officials, the jury concludes that Nichols did not provably intend to kill the people inside the Murrah building. Observers and researchers such as law professor Douglas O. Linder will later conclude that the jury believed the defense’s contention that Nichols had withdrawn from the bombing plot (see March 1995 and March 31 - April 12, 1995), and was probably swayed by Nichols’s decision to stay home on the day of the bombing instead of joining convicted bomber Timothy McVeigh in Oklahoma City (see June 2, 1997) at the bomb site. The jury may also have been moved by Nichols’s show of emotion during the trial; unlike the stoic McVeigh, Nichols broke down and wept during several moments in the proceedings. Legal analysts say the split verdict is in part because of a much more effective defense (see December 2, 1997) than that presented by Nichols’s co-conspirator, McVeigh (see August 14-27, 1997), who was sentenced to death for carrying out the bombing (see June 2, 1997). Kentucky defense lawyer Kevin McNally says of the verdicts: “[They mean] he had a much less culpable state of mind regarding the homicides. To the jury, he engaged in certain actions that were reckless, but it wasn’t a premeditated killing.” Former federal prosecutor Marvin L. Rudnick says the jury “probably compromised” on the involuntary manslaughter verdicts. Lead prosecutor Larry Mackey says: “The jury has spoken. We accept their verdict in its entirety. We are prepared to go forward now with the penalty phase.” Nichols’s lead attorney, Michael Tigar, immediately files an appeal and says he will challenge any attempt by the jury to sentence Nichols to death. However, analysts feel that Nichols will escape execution. Denver attorney Andrew Cohen says: “I would be very surprised if the jury sentenced Nichols to death. They distinguished in their own minds what both men did.” Both McVeigh and Nichols face 160 counts of murder in an Oklahoma state court. [New York Times, 12/23/1997; Washington Post, 12/24/1997; New York Times, 12/24/1997; Douglas O. Linder, 2001; Indianapolis Star, 2003; Douglas O. Linder, 2006] Under federal law, a conviction of conspiracy to use a weapon of mass destruction can lead to the death penalty. The law is only three years old and has never been used. This death penalty provision was passed by Congress in 1994 after the bombing of the World Trade Center in New York (see February 26, 1993). [New York Times, 12/25/1997]
Mixed Reactions - Predictably, reactions regarding the verdict are mixed. Claudia Denny, whose two children were seriously injured in the blast, says, “We’re all disappointed, but we can live with it.” She says she would have preferred murder convictions, but “one more terrorist is off the street.… The important thing to us now is our children. This doesn’t change that. It doesn’t matter.” Bud Welch, who lost his daughter in the bombing, says that the involuntary manslaughter convictions were inappropriate because that charge is what people get “for running a stoplight” and killing someone with a car. Diane Leonard, whose husband was one of the eight law enforcement agents killed, calls the verdict “a slap in the face.” Marsha Knight, whose daughter was one of the 160 civilians killed in the blast, says: “He conspired to build the bomb. What the hell did they think he was going to do with it?” [New York Times, 12/24/1997; Washington Post, 12/24/1997] President Clinton says the convictions of McVeigh and Nichols “should offer a measure of comfort” to the relatives of the victims. But, he adds, “I know that no verdict in a court of law can ease the loss of a loved one.” [New York Times, 12/23/1997]
Judge Offers Leniency, Nichols Turns Down Offer - Judge Richard Matsch later tells Nichols he will consider some leniency in sentencing him to prison if he cooperates in helping the government learn more about the bombing conspiracy. Nichols rejects the offer. [Indianapolis Star, 2003]
Entity Tags: Andrew Cohen, Kevin McNally, Bud Welch, Douglas O. Linder, Claudia Denny, Diane Leonard, William Jefferson (“Bill”) Clinton, Marvin L. Rudnick, Timothy James McVeigh, Marsha Knight, Michael E. Tigar, Terry Lynn Nichols, Richard P. Matsch, Larry A. Mackey
Timeline Tags: US Domestic Terrorism
The media reports that federal prosecutors and Justice Department officials have rejected an offer by Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996 and June 9, 1996), to plead guilty in his murder case to avoid the death penalty. [Washington Post, 1998]
John Ehrlichman. [Source: PBS]After years of protracted legal wrangling, selected portions of former President Richard Nixon’s secret White House recordings (see July 13-16, 1973) are made public. In a January 2, 1997 panel discussion on PBS, two former Nixon aides, John Ehrlichman and Monica Crowley, and former New York Times reporter Tom Wicker, discuss the content and dissemination of the tapes. All three have listened to the released portions of the tapes, currently housed at the National Archives.
Context - Ehrlichman complains that the selections lack context: “The archivist has snipped little tiny segments, in some cases six or eight seconds, and you don’t know what was said before or after. And it’s tough on a listener.… I think there could be a lot more context given. What they’ve done is try and select out the things that embodied abuses of government power under their regulations, and that’s what they’re giving you.” Wicker says it is hard to know when Nixon’s “popping off” about this or that supposed enemy was ever acted upon and when his instructions to “get” a particular person were ignored. Crowley says: “I think all presidents say things in the heat of disappointment, frustration, anger, even fatigue, that they never intend to have acted upon. And Nixon’s rantings have become a lightning rod for criticism because we can hear his but we can’t hear those of other presidents.”
Brookings Institution Burglary Halted - Ehrlichman explains why Nixon’s 1972 order to burglarize the Brookings Institution (see June 30-July 1, 1971) was never carried out: “because I shot it down.… I tracked down who had followed up—who was proposing to do this thing and I told ‘em to stop. It sounded ridiculous to me. So that was the end of it.”
Comparison of Ellsberg and Hiss - Ehrlichman says that, listening to the tapes, it seems as if Nixon was comparing Daniel Ellsberg, who leaked the notorious “Pentagon Papers” (see June 13, 1971), to his “Communist” nemesis of the 1950s, Alger Hiss. Hiss, prosecuted by Nixon for allegedly selling US intelligence to the Soviet Union, helped Nixon vault to national prominence. Ehrlichman now says Nixon seemed to hope that Ellsberg could provide him with another, similar boost to his political stature before the 1972 presidential elections. In general, Ehrlichman says, Nixon was “very sensitive” to press leaks, especially those that he considered a threat to national security, and “his reaction in some cases was pretty extreme.”
Mentions of Jews - Ehrlichman goes on to address Nixon’s well-documented diatribes against Jews (see September 1971), and says that such outbursts were not confined to Jews: another day “it was major Italian donors to the Democrats, and [the next] it would be black contributors.… He broke it down along ethnic lines. He broke it down along socioeconomic lines. I wouldn’t put too much emphasis on the fact that he was talking about Jewish people in this particular segment.” Wicker says the tapes largely confirm the public impression of Nixon as a “dark… evil man” because of his blatant orders of criminal behavior and his rampant ethnic slurs. [PBS, 1/2/1997]
As a part of co-operation with Egyptian authorities against Islamic militancy, the CIA funds what is supposed to be a program to train Egyptian special operations forces in counterterrorism arrests. However, according to US ambassador to Egypt Edward Walker, a problem emerges: there are “too many people that die[…] while fleeing” their arrest. Author Stephen Grey will comment, “It was more of a hit squad than an arrest squad.” The funding for the program is cut off in 1998, because, according to Walker, “It got to be a little too obvious and the Agency got very nervous about this.” [Grey, 2007, pp. 126-127]
Walter Schumm, an Army Reserve colonel, writes a piece in the Military Review making the observation that few military officers understand the legal requirements for handling prisoners. In one part of the essay he notes, “It only takes one improperly trained soldier among a thousand to commit an offense against the Geneva Conventions that would cause our nation considerable embarrassment.” [USA Today, 5/13/2004]
Ken Williams. [Source: FBI]The FBI field office in Phoenix, Arizona, investigates a possible Middle Eastern extremist taking flight lessons at a Phoenix airport. FBI agent Ken Williams initiates an investigation into the possibility of Islamic militants learning to fly aircraft, but he has no easy way to query a central FBI database about similar cases. Because of this and other FBI communication problems, he remains unaware of most US intelligence reports about the potential use of airplanes as weapons, as well as other, specific FBI warnings issued in 1998 and 1999 concerning Islamic militants training at US flight schools (see May 15, 1998; September 1999). Williams will write the “Phoenix memo” in July 2001 (see July 10, 2001). He had been alerted about some suspicious flight school students in 1996, but it is not clear if this person was mentioned in that previous alert or not (see October 1996). [US Congress, 7/24/2003 ]
Research done by Dr. Garrett FitzGerald suggests that COX-2 inhibiting drugs, like Vioxx and Celebrex, increase the risk of cardiovascular problems. FitzGerald believes that COX-2 inhibitors block the production of a substance called prostacyclin, which leads to blood vessel constriction and clotting. His research is dismissed by Merck, the maker of Vioxx. Vioxx’s only selling point is that it causes fewer gastrointestinal problems than other pain killers on the market. But according to FitzGerald, the mechanism that makes the drug gentler on the stomach is also responsible for causing the cardiovascular problems. [MSNBC, 10/6/2004] FitzGerald’s research is later published in two studies, one in 1999 and another in 2001. [Associated Press, 6/22/2005]
A Merck clinical trial of Vioxx conducted on 978 patients suggests the drug substantially increases the risk of serious cardiovascular events, including heart attack and stroke. Patients who take Vioxx are six times as likely to suffer heart problems than patients taking an alternative painkiller or a placebo. The study, named Study 090, is never published. Merck later says this is because the sample size was not large enough to provide statistically significant data. [US Food and Drug Administration, 2/1/2001, pp. 31-34 ; Topol, 2004; CBS News, 4/28/2005]
Frederick Seitz, a former tobacco company scientist and former National Academy of Sciences president, writes and circulates a letter asking scientists to sign a petition calling upon the US government to reject the Kyoto Protocol. The petition was authored by an obscure group by the name of “Oregon Institute of Science and Medicine.” [Seitz, 1998] Seitz includes in his letter a report arguing that carbon dioxide emissions do not pose a threat to the global climate. The report—which is not peer reviewed—is formatted to look like an article from the esteemed Proceedings of the National Academy of Sciences (PNAS). The organizers of the petition will claim that some 17,000 scientists signed the petition. But it is subsequently discovered that few credentialed climate scientists added their signature to the list. Moreover, the petition contains the names of several fictional characters. The magazine Scientific American analyzes a random sampling of the signers and concludes that only about one percent of the petition signatories claiming to have a Ph.D. in a climate-related field actually do. And in a highly unusual move, the National Academy of Sciences issues a statement disavowing Seitz’s petition and disassociating the academy from the PNAS-formatted paper. [Union of Concerned Scientists, 2007, pp. 16 ]
ExxonMobil disperses roughly $16 million to organizations that are challenging the scientific consensus view that greenhouse gases are causing global warming. For many of the organizations, ExxonMobil is their single largest corporate donor, often providing more than 10 percent of their annual budgets. A study by the Union of Concerned Scientists will find that “[v]irtually all of them publish and publicize the work of a nearly identical group of spokespeople, including scientists who misrepresent peer-reviewed climate findings and confuse the public’s understanding of global warming. Most of these organizations also include these same individuals as board members or scientific advisers.” After the Bush administration withdraws from the Kyoto Protocol (see March 27, 2001), the oil company steps up its support for these organizations. Some of the ExxonMobil-funded groups tell the New York Times that the increase is a response to the rising level of public interest in the issue. “Firefighters’ budgets go up when fires go up,” explains Fred L. Smith, head of the Competitive Enterprise Institute. Explaining ExxonMobil’s support for these organizations, company spokesman Tom Cirigliano says: “We want to support organizations that are trying to broaden the debate on an issue that is so important to all of us. There is this whole issue that no one should question the science of global climate change. That is ludicrous. That’s the kind of dark-ages thinking that gets you in a lot of trouble.” [New York Times, 5/28/2003; Union of Concerned Scientists, 2007, pp. 10-11 ] The following is a list of some of the organizations funded by ExxonMobil:
American Enterprise Institute (AEI) - AEI receives $1,625,000 from ExxonMobil between and 1998 and 2005. During this period, it plays host to a number of climate contrarians. [Union of Concerned Scientists, 2007, pp. 31 ]
American Legislative Exchange Council - In 2005, ExxonMobil grants $241,500 to this organization. Its website features a non-peer-reviewed paper by climate contrarian Patrick Michaels. [Union of Concerned Scientists, 2007, pp. 12, 31 ]
Center for Science and Public Policy - Started at the beginning of 2003, this one-man operation receives $232,000 from ExxonMobil. The organization helps bring scientists to Capitol Hill to testify on global warming and the health effects of mercury. [New York Times, 5/28/2003]
Committee for a Constructive Tomorrow - Between 2004 and 2005, this organization receives $215,000 from ExxonMobil. Its advisory panel includes Sallie Baliunas, Robert Balling, Roger Bate, Sherwood Idso, Patrick Michaels, and Frederick Seitz, all of whom are affiliated with other ExxonMobil-funded organizations. [Union of Concerned Scientists, 2007, pp. 12 ]
Competitive Enterprise Institute (CEI) - Founded in 1984 to fight government regulation on business, CEI started receiving large grants from ExxonMobil after
Myron Ebell moved there from Frontiers of Freedom in 1999. [Union of Concerned Scientists, 2007, pp. 12 ] CEI, along with another ExxonMobil-supported enterprise, the Cooler Heads Coalition, runs the website GlobalWarming.Org, which is part of an effort to “dispel the myths of global warming by exposing flawed economic, scientific, and risk analysis.” Between 2000 and 2003, the CEI receives $1,380,000, or 16 percent of the total funds donated by Exxon during that period. [Mother Jones, 5/2005; Mother Jones, 5/2005]
Frontiers of Freedom - The organization receives $230,000 from Exxon in 2002 and $40,000 in 2001. It has an annual budge of about $700,000. [New York Times, 5/28/2003]
George C. Marshall Institute - The institute is known primarily for its work advocating a “Star Wars” missile defense program. Between 1998 and 2005, Exxon-Mobil grants $630,000 to the Marshall Institute primarily to underwrite the institute’s climate change effort. William O’Keefe, the organization’s CEO, once worked as the executive vice president and chief operating officer of the American Petroleum Institute. He has also served on the board of directors of the Competitive Enterprise Institute, another global warming skeptic organization, and is chairman emeritus of the Global Climate Coalition. [Union of Concerned Scientists, 2007, pp. 12 ]
Heartland Institute - In 2005, this organization receives $119,000 from ExxonMobil. Its website offers articles by the same scientists promoted by other ExxonMobil-funded global warming skeptic organizations. [Union of Concerned Scientists, 2007, pp. 12 ]
Tech Central Station - TCS is a web-based organization that provides news, commentary, and analysis focusing on the societal tensions and strains that are concomitant with historical change. TCS proclaims itself as a strong believer of the “material power of free markets, open societies, and individual human ingenuity to raise living standards and improve lives.” Until 2006, the website is operated by a public relations firm called the DCI Group, which is a registered ExxonMobil lobbying firm. In 2003 TCS receives $95,000 from ExxonMobil to be used for “climate change support.” TCS contributors on the global warming issue include the same group of people that is promoted by several of the other ExxonMobil-funded global warming skeptic organizations. [Union of Concerned Scientists, 2007, pp. 13 ] In 2006, TCS will pay the public relations firm Medialink Worldwide to produce a video news release that challenges the view that global warming has increased the intensity of hurricanes. The piece is later shown on a Mississippi television station and presented as a regular news report (see June 2006).
Entity Tags: Tech Central Station, Committee for a Constructive Tomorrow, American Legislative Exchange Council, Heartland Institute, American Enterprise Institute, Frontiers of Freedom, Competitive Enterprise Institute, George C. Marshall Institute, Center for Science and Public Policy, Fred L. Smith, ExxonMobil
Timeline Tags: Global Warming
Michael Scheuer, the head of the CIA Counter Terrorism Center’s special unit focusing on bin Laden from 1996 to 1999 (see February 1996), later will claim that before 9/11 members of the bin Laden family in the US are nearly completely off limits to US law enforcement. Author Douglas Farah, a former longtime Washington Post reporter, later will write that “All the bin Ladens living in the United States were granted Saudi diplomatic passports in 1996.… In 1998, when the FBI’s New York office actually sought to investigate some of the bin Laden family’s activities in this country because of suspicions of ties to terrorism, the State Department forced them to shut down the entire operation. Because the bin Laden’s were ‘diplomats’ and as such enjoyed diplomatic immunity, making such investigations illegal.” Scheuer will comment about the 1998 investigation, “My counterparts at the FBI questioned one of the bin Ladens. But then the State Department received a complaint from a law firm, and there was a huge uproar. We were shocked to find out that the bin Ladens in the United States had diplomatic passports, and that we weren’t allowed to talk to them.” Scheuer believes that these unusual diplomatic privileges may help explain how the bin Ladens will be able to depart so quickly just after 9/11 (see September 13, 2001; September 14-19, 2001). Farah later says he interviewed Scheuer about this and claims to have found a second source to verify the information. [Farah, 12/5/2004; Der Spiegel (Hamburg), 6/6/2005] The issue of diplomatic passports for the bin Laden family has generally not been reported in the US media, although a 2005 New Yorker article will mention in passing that in 1996, “the State Department stymied a joint effort by the CIA and the FBI to question one of bin Laden’s cousins in America, because he had a diplomatic passport, which protects the holder from US law enforcement.” [New Yorker, 2/8/2005] This is a probable reference to the 1996 investigation of Abdullah Awad bin Laden (although he is bin Laden’s nephew, not cousin (see February-September 11, 1996)). It is unclear what connection there may be, if any, between that investigation and this 1998 investigation.
Daniel Benjamin. [Source: Publicity photo]The National Security Council (NSC) completes a review of Iraq and terrorism. In an interview with journalist Robert Dreyfuss four years later, Daniel Benjamin, then-director of counterterrorism at the NSC, summarizes the report’s conclusions: “[W]e went through every piece of intelligence we could find to see if there was a link [between] al-Qaeda and Iraq. We came to the conclusion that our intelligence agencies had it right: There was no noteworthy relationship between al-Qaeda and Iraq. I know that for a fact. No other issue has been as closely scrutinized as this one.” [American Prospect, 12/16/2002]
Aukai Collins in Chechnya.
[Source: Lyons Press publicity photo]An American Caucasian Muslim named Aukai Collins later says he reports to the FBI on hijacker Hani Hanjour for six months this year. [Associated Press, 5/24/2002] The FBI later acknowledges they paid Collins to monitor the Islamic and Arab communities in Phoenix between 1996 and 1999. He also was an informant overseas and once had an invitation to meet bin Laden (see Mid-1998). [ABC News, 5/23/2002; Associated Press, 5/24/2002] Collins claims that he is a casual acquaintance of Hanjour while Hanjour is taking flying lessons. [Associated Press, 5/24/2002] Collins sees nothing suspicious about Hanjour as an individual, but he tells the FBI about him because Hanjour appears to be part of a larger, organized group of Arabs taking flying lessons. [The Big Story with John Gibson, 5/24/2002] He says the FBI “knew everything about the guy,” including his exact address, phone number, and even what car he drove. The FBI denies Collins told them anything about Hanjour, and denies knowing about Hanjour before 9/11. [ABC News, 5/23/2002] Collins later calls Hanjour a “hanky panky” hijacker: “He wasn’t even moderately religious, let alone fanatically religious. And I knew for a fact that he wasn’t part of al-Qaeda or any other Islamic organization; he couldn’t even spell jihad in Arabic.” [Collins, 2003, pp. 248] Collins tells the New York Times that he worked with FBI agent Ken Williams, who will write a July 2001 memo expressing concerns about radical militants attending Arizona flight schools (see July 10, 2001). He says that he quarrels with Williams and quits helping him. It is unknown if Williams ever learns about Hanjour before 9/11. [New York Times, 5/24/2002] Collins closely matches the description of the informant who first alerted Williams to Zacaria Soubra, a flight student who will be the main focus of Williams’ memo (see April 2000). If this is so, it bolsters Collins’ claims that he knew Hanjour, because many of Soubra’s friends, including his roommate (and al-Qaeda operative) Ghassan al-Sharbi do know Hanjour (see July 10, 2001). After 9/11, Collins will claim that based on his experience with the FBI and CIA, he is 100 percent sure that some people in those agencies knew about the 9/11 attack in advance and let it happen. “Just think about it—how could a group of people plan such a big operation full of so many logistics and probably countless e-mails, encrypted or not, and phone calls and messengers? And you’re telling me that, through all of that, that the CIA never caught wind of it?” [Salon, 10/17/2002]
According to closed-session testimony by CIA, FBI and NSA heads, al-Qaeda begins planning the 9/11 attacks this year. [USA Today, 6/18/2002] In a June 2002 interview, 9/11 mastermind Khalid Shaikh Mohammed also asserts that planning for the attacks begin at this time. [Associated Press, 9/8/2002] However, it appears the targeting of the WTC and pilot training began even earlier. An al-Qaeda operative in Spain will later be found with videos filmed in 1997 of major US structures (including “innumerable takes from all distances and angles” of the WTC). There are numerous connections between Spain and the 9/11 hijackers, including an important meeting there in July 2001, however, the person who filmed the 1997 video will be acquitted of making it for al-Qaeda in 2005 (see September 26, 2005). [Associated Press, 7/17/2002] Hijacker Waleed Alshehri was living in Florida since 1995, started training for his commercial pilot training degree in 1996, and obtained his license in 1997 (though it is not certain if this refers to the same person). [Sunday Herald (Glasgow), 9/16/2001; Associated Press, 7/17/2002]
A son of Sheikh Omar Abdul-Rahman, the al-Qaeda leader convicted in 1995 of conspiring to blow up tunnels and other New York City landmarks, is heard to say that the best way to free his father from a US prison might be to hijack an American plane and exchange the hostages. This will be mentioned in President Bush’s August 2001 briefing titled “Bin Laden Determined to Strike in US” (see August 6, 2001). [Washington Post, 5/18/2002] It may be the warning was discovered by reporters at bin Laden’s press conference this month, since two of Abdul-Rahman’s sons are there and speak in belligerent tones (see May 26, 1998 and May 1998). A similar warning will be discovered in May 2001, but will not be mentioned in Bush’s briefing (see May 23, 2001).
Chalabi shaking hands with Sen. Joe Lieberman, date unknown. While Lieberman is a Democrat, his hawkish foreign policy stance will eventually force him to leave the Democratic party and become an independent. [Source: CBC]Ahmed Chalabi and Francis Brooke find allies in the US Senate’s Republican leadership. They provide the Republicans with details about the events surrounding the INC-CIA’s 1995 failed plot against Saddam Hussein (see March 1995) and Iraq’s subsequent incursion into Kurdish territory (see August 1996) which the Republican senators use against the Clinton White House and the CIA. “Clinton gave us a huge opportunity,” Brooke later recalls. “We took a Republican Congress and pitted it against a Democratic White House. We really hurt and embarrassed the president.” The Republican leadership in Congress, he acknowledges, “didn’t care that much about the ammunition. They just wanted to beat up the president.” Senior Republican senators, according to Brooke, are “very receptive, right away” to Chalabi and Brooke’s information, and Chalabi is soon on a first-name basis with 30 members of Congress, including senators Trent Lott, Jesse Helms, and Newt Gingrich. [Alternet, 5/21/2004; New Yorker, 6/7/2004]
The FBI begins an investigation into the Illinois-based Benevolence International Foundation (BIF) by chance. A Chicago FBI agent is attending a conference in Washington, DC, and learns of foreign intelligence reports that BIF executive director Enaam Arnaout was involved in providing logistical support for radical militants. It is not clear why the Chicago office near BIF’s headquarters was not already informed about BIF and Arnaout, given what US intelligence already knows by this time: [9/11 Commission, 8/21/2004, pp. 95 ]
Beginning in 1993, the FBI was continually monitoring an al-Qaeda cell in Florida that sends money to militants overseas using BIF bank accounts, and one of the cell members filed BIF’s incorporation papers (see (October 1993-November 2001)). The FBI interviewed one of the cell members, Adham Amin Hassoun, and asked him about BIF and Arnaout. BIF founder Adel Batterjee was listed on the incorporation papers (see 1993).
It was reported in the Guardian and other newspapers in 1993 that BIF was shut down in Saudi Arabia, when closing a charity was a highly unusual move for that country. The Guardian says that BIF founder Batterjee, “a known political activist,” has been detained. Media reports also link him to assisting Saudi fighters in the Bosnian war (see 1993).
In 1994, Mohammed Loay Bayazid, president of BIF at the time, was arrested in the US with Mohammed Jamal Khalifa, bin Laden’s brother-in-law, and another of bin Laden’s brothers. Khalifa was quickly linked to the Bojinka plot and many other al-Qaeda ties and plots, yet all three were let go and Bayaid continued to work at BIF until 1998. Bayazid was one of al-Qaeda’s founding members (see December 16, 1994).
In early 1996, a secret CIA report suggested that Arnaout was involved in the kidnapping and murders of a small group of Western tourists in Kashmir, including Americans (see July 4, 1995). The report also links BIF to other militant charity fronts and extremists, including the commander of a training camp in Afghanistan. [Central Intelligence Agency, 1/1996]
In 1996, trusted al-Qaeda defector Jamal al-Fadl revealed that bin Laden considered BIF one of its three most important charity fronts (see 1993), and the FBI was heavily involved in debriefing al-Fadl for many months (see June 1996-April 1997). Al-Fadl also met with Arnaout and other al-Qaeda leaders in Bosnia and discussed many operations, including how to use Bosnia to establish a base to fight the US (see Autumn 1992).
In 1996, al-Fadl also revealed that BIF president Bayazid took part in an al-Qaeda attempt to buy enriched uranium (see Late 1993).
In early 1998, Bayazid moves to Turkey and works with Maram, an al-Qaeda front company involving a number of well-known al-Qaeda figures. US intelligence learns of calls between BIF headquarters in Illinois and Bayazid in Turkey (see November 1996-September 1998).
These agents will open a full field investigation into BIF in February 1999 (see February 1999-September 10, 2001). They will later learn some useful information from the CIA, but just what is unclear. The 9/11 Commission will say that the “CIA held back some information” from these agents, supposedly “because of fears of revealing sources and methods in any potential criminal litigation…” [9/11 Commission, 8/21/2004, pp. 96 ]
Experts report that Iraq has failed to adequately account for 500 mustard-gas shells, 25 “special warheads,” 150 aerial bombs, 2 Scud missiles [Christian Science Monitor, 8/29/2002] , 520 kilograms of yeast extract growth medium specifically for anthrax [NewsMax, 9/4/2002] , 15,000 122 mm artillery shells, 25,000 rockets and several hundred tons of chemicals for the nerve agent VX. [Cirincione, Wolfsthal, and Rajkumar, 6/2002; BBC, 9/11/2002]
25 Special Warheads - Iraq failed to account for 25 special warheads. Former UNSCOM inspector Scott Ritter will tell the Christian Science Monitor in mid-2002, “Even if he hid some warheads, they would have degenerated by now.” [Christian Science Monitor, 8/29/2002]
Scud Missiles - Iraq has accounted for or destroyed 817 of its 819 Scud missiles. [United Nations Special Commission, 1/29/1998] It is later suggested by experts, such as former UN inspector Scott Ritter and Charles Duelfer of the Center for Strategic and International Studies, that Iraq could possibly salvage and manufacture enough components to build up a store of between five and 25 missiles. [BBC, 9/11/2002] But as the San Francisco Chronicle later notes, citing unnamed weapons experts, “there is no evidence that these have been tested or that Iraq has any functional launchers.” [San Francisco Chronicle, 10/12/2002]
8,5000 liters of anthrax - Iraq maintains that these remaining stores of anthrax were unilaterally destroyed in the summer of 1991; however, they offer no evidence of this. [Scotsman, 2/24/2003] Scott Ritter, a former Marine intelligence officer and chief weapons inspector, will later say that evidence indicates that Iraq’s liquid bulk anthrax has not been produced by Iraq since 1991. Furthermore, he adds, the factory where Iraq had produced the pathogen was destroyed in 1996. He says that any anthrax produced before then is no longer a threat to anyone because after three years liquid bulk anthrax becomes “useless sludge.” [Reuters, 2/8/2002]
Several hundred tons of chemicals for the nerve agent VX - UNSCOM is unable to account for several hundred tons of chemicals for the nerve agent VX. Iraq maintains that these remaining stocks were unilaterally destroyed in the summer of 1991. [Scotsman, 2/24/2003] In March 2003, UNMOVIC, the successor to UNSCOM, will report that Iraq’s production method created nerve agent that lasted only six to eight weeks. [Independent, 6/1/2003] Critics believe that most of these stocks were destroyed during the First Gulf War. Scott Ritter, a former chief weapons inspector, speaking at the Suffolk Law School building in downtown Boston, will say on July of 2002: “The research and development factory is destroyed [a Gulf War bomb destroyed the production facility on January 23, 1991]. The product of that factory is destroyed. The weapons they loaded up have been destroyed. More importantly, the equipment procured from Europe that was going to be used for their large-scale VX nerve agent factory was identified by the special commission—still packed in its crates in 1997—and destroyed. Is there a VX nerve agent factory in Iraq today? Not on your life.” [Truthout (.org), 7/24/2002]
Radio Free Europe, headquartered in Prague, begins transmitting anti-Saddam programs into Iraq. Late in the year, Iraqi diplomat Jabir Salim defects and tells Czech officials that before leaving Iraq he had been given $150,000 in cash to finance a plot to blow up Radio Free Europe’s headquarters. This information is apparently passed on to Washington and US officials warn Tom Dine, program director of Radio Free Europe, about the plot. In response, Radio Free Europe begins 24-hour video surveillance of the building. [Independent, 10/25/2001; Newsweek, 4/28/2002; Washington Post, 5/1/2002; New York Times, 11/19/2003]
An FBI investigation finds that Turkish nationals are involved in efforts to bribe members of Congress, both Republican and Democrat. Targets of the FBI’s investigation include individuals at Chicago’s Turkish Consulate and the American-Turkish Consulate, as well as members of the American-Turkish Council (ATC) and the Assembly of Turkish American Associations (ATAA). Wiretaps obtained by investigators also contain what appears to be references to large scale drug shipments and other crimes. In 1999 some FBI investigators call for the appointment of a special prosecutor to continue the investigation. But after the Bush administration comes to office, higher-ups in the Department of State pressure the bureau to shift the attention of its investigation away from elected politicians and instead focus on appointed officials. [Anti-War (.com), 8/15/2005; Vanity Fair, 9/2005]
It is later revealed that, in the years up to 9/11, New York City Mayor Rudolph Giuliani has little knowledge of the threat posed by al-Qaeda. [MSNBC, 10/25/2007] In private testimony before the 9/11 Commission in 2004, after being asked about the “flow of information about al-Qaeda threats from 1998-2001,” Giuliani will reply, “At the time, I wasn’t told it was al-Qaeda, but now that I look back at it, I think it was al-Qaeda.” Giuliani will also concede that it was only “after 9/11” that “we brought in people to brief us on al-Qaeda.” Before 9/11, he says, “we had nothing like this… which was a mistake, because if experts share a lot of info,” there would be a “better chance of someone making heads and tails” of the situation. [Village Voice, 10/23/2007] In a later television interview, he will admit that he “didn’t see the enormity of” the threat al-Qaeda posed to the United States prior to 9/11, and add: “I never envisioned the kind of attack that they did.… [W]hat I envisioned were the kind of suicide bombings that had gone on in, in Israel. I had been briefed on that.… But I had no idea of the kind of level of attack that was in store for us.” [MSNBC, 12/9/2007] He blames his lack of knowledge on terrorism partly on the FBI and the Joint Terrorism Task Force (JTTF), a partnership between the FBI and the New York City Police Department. Giuliani will state: “We already had JTTF, and got flow information no one else got. But did we get the flow of information we wanted? No. We would be told about a threat, but not about the underlying nature of the threat. I wanted all the same information the FBI had, and we didn’t get that until after 9/11.” [Village Voice, 10/23/2007] He will also complain, “I was dependent on the briefings that I was getting from… the [Clinton] administration, and… I don’t think they saw the threat as big as it was.” [MSNBC, 12/9/2007] In 2004, the 9/11 Commission asks Thomas Von Essen, who is Giuliani’s fire commissioner, what information he had about terrorism prior to 9/11. He will reply, “I was told nothing at all.” Yet in a speech in 2007, Giuliani will claim that, with the 1993 World Trade Center bombing: “Bin Laden declared war on us.… I thought it was pretty clear at the time, but a lot of people didn’t see it, couldn’t see it.” He also claims to have been “studying terrorism” for more than 30 years. [Associated Press, 6/26/2007; Village Voice, 10/23/2007]
In 1998, CIA analysts realize that ground crews for illegal arms dealer Victor Bout are performing maintenance chores for Ariana Airlines planes flying to and from Afghanistan. Bout’s air fleet is based in Sharjah, United Arab Emirates (UAE), at the time, and in fact Bout has been working with the Taliban since about 1996 (see October 1996-Late 2001). The CIA has also been gathering intelligence that al-Qaeda operatives are frequently moving between Afghanistan and the UAE. Ariana, Afghanistan’s official airline, is the only airline making flights between the Middle East and Afghanistan. Therefore, Michael Scheuer, head of the CIA’s bin Laden unit, concludes that Ariana is being used as a “terrorist taxi service.” Scheuer concludes that Bout is assisting al-Qaeda. He will later comment that when al-Qaeda operatives would travel through the UAE, “it was almost always through Ariana flights. Since Bout’s operation was working with Ariana, they were part of the same set of concerns.” The CIA also notices an increasing number of Bout’s own planes flying to and from Afghanistan. Scheuer will later say, “Our human intelligence said it was mostly small arms and ammunition, going to Kandahar and occasionally to Kabul.” [Farah and Braun, 2007, pp. 138-140] However, while intelligence reports on Bout’s ties to the Taliban continue, interest in his activities in Afghanistan fades by the end of 1998. Scheuer will later claim that he tried to raise concern about the Bout flights with National Security Council officials, but saw little interest. “I never got a sense that he was important. He was part of the problem we had with the terrorist infrastructure in Afghanistan, but there were so many parts we were dealing with.… [N]o one was going to fall on their sword to get Victor Bout.” [Farah and Braun, 2007, pp. 143] After 9/11, evidence will emerge that about nine of the 9/11 hijackers worked in the Kandahar airport heavily used by Bout’s airplanes (see Summer 2000).
A houbara bustard. [Source: Eric and David Hosking / Corbis]In 1998, the CIA becomes interested in the links between arms dealer Victor Bout, al-Qaeda, and the Taliban. Michael Scheuer, head of the CIA’s bin Laden unit, and some US counternarcotics officials are particularly intrigued by a pattern they see between the flight patterns of Bout’s airplanes to and from Afghanistan and the hunting vacations of some Persian Gulf royals. Many of the Persian Gulf elite are known to regularly go bird hunting in Afghanistan, sometimes meeting Taliban ruler Mullah Omar and/or Osama bin Laden during their hunting trips (see 1995-2001). US analysts notice that there is a surge of Bout-controlled flights to Afghanistan in February and March of each year, the same time many royal elite fly to Afghanistan on their private jets in time for the migration of thousands of houbara bustards through Afghanistan. Then, in early autumn, there is another surge of flights by both Bout’s planes and the royal jets when the bustards migrate through the country again. Officials at the CIA’s counternarcotics center suspect some of the royals are using the hunting flights as cover to export heroin. The Bout flights increase the suspicion, since he is a known drug trafficker as well as an arms dealer. Scheuer will later comment, “They were very interested on the counternarcotics side about the patterns between Bout’s flights and the bustard-hunting season.” British intelligence is interested in the same thing, and at one point they approach United Arab Emirates (UAE) officials for permission to sneak a team of agents aboard one of Bout’s flights to search for Afghan heroin. However, they are unable to get permission, and the CIA also does not act on these suspicions. [Farah and Braun, 2007, pp. 141]
Steven Hatfill. [Source: Baltimore Sun]In 1998, scientist Steven Hatfill writes and copyrights a novel depicting a biological terrorist attack on the US. This novel will be one reason why he will be suspected for the 2001 anthrax attacks (see October 5-November 21, 2001), before being eventually cleared of any role in those attacks after years of suspicion (see August 1, 2002 and June 27, 2008). The novel, entitled Emergence, depicts a bubonic plague attack by a Palestinian terrorist on the White House and Congress. The bacteria is released in the White House through sprayers installed in a wheelchair, sickening the US president and top Congressional leaders. The terrorist is said to be funded by the Iraqi government, and the novel ends with the US attacking Iraq and dropping a nuclear bomb on Baghdad in retaliation. Hatfill envisions the US media “whip[ping] the American public into a state of near total hysteria” over the attack. He apparently asks for help from friends to get the novel to a publisher or agent, but the help never materializes. The novel will remain on his computer until it is discovered in an FBI raid on his apartment in mid-2002. The FBI will leak details about it to the media in August 2002. [Associated Press, 8/14/2002] However, one detail will not be made public until an article in Vanity Fair one year later: in a short epilogue, a Russian mobster reveals that his own organization and not Iraq was responsible for the attack. The mobster says: “The reaction was as great as we had hoped for the entire focus of the American FBI has now shifted towards combating chemical / biological terrorism and this is allowing us to formulate the unprecedented expansion of our organization.” [Vanity Fair, 9/15/2003]
The US begins to send Pakistan a series of demarches complaining about its nuclear proliferation activities. The sending of the demarches follows the receipt of intelligence about nuclear deals between Pakistan and North Korea. North Korea’s plutonium program is in abeyance at this time, but it has begun a uranium enrichment project and the US is aware of this. However, according to State Department official Robert Einhorn, Pakistani nuclear scientist A. Q. Khan is never mentioned in the demarches, at the CIA’s request. The CIA wants Khan’s proliferation network to continue to run and is worried that mentioning him in them would tip him off to what the CIA knows. [Levy and Scott-Clark, 2007, pp. 280]
The US and Pakistan establish an experts group at the assistant secretary level to discuss Pakistan’s proliferation of nuclear weapons. The group, which meets at least twice a year for some time, involves Robert Einhorn, assistant secretary of state for non-proliferation from 1999. On the Pakistani side there is an official from the foreign ministry, but it is military officials who are in charge, often General Feroz Khan, head of the Combat Development Directorate and a close family friend of General Pervez Musharraf (who will soon take power in Pakistan). On the first occasion Einhorn says Pakistan may be supplying nuclear technology to North Korea, his counterpart responds furiously and is “incredibly angry” and “deeply chagrined.” However, the expert group makes no headway in stopping Pakistan from engaging in nuclear proliferation because the US is only willing to use non-specific information at the meetings, apparently because it thinks more specific information will reveal it has penetrated Khan Research Laboratories, a key organization in Pakistan’s nuclear proliferation efforts (see 1998). The conversations are so vague that one Pakistani official involved in them wonders if the US really knows anything, or is just trying to bluff the Pakistanis into revealing something. [Levy and Scott-Clark, 2007, pp. 280-281]
According to Robert Einhorn, the assistant secretary of state for non-proliferation from 1999, at this time the US has a “human source within the KRL [Khan Research Laboratories] hierarchy.” Einhorn will say this in an interview with authors Adrian Levy and Catherine Scott-Clarke in 2006. The source’s identity is not known. The US knows specific details of Pakistan’s nuclear proliferation activities, which are run by scientist A. Q. Khan. However, in order to keep the source’s identity secret, it chooses not to reveal what it knows in discussions with Pakistani officials about their nuclear proliferation activities (see 1998). [Levy and Scott-Clark, 2007, pp. 281, 515]
The Charity Commission, which regulates the affairs of British charities, launches an investigation into the handling of Finsbury Park mosque by radical London cleric Abu Hamza al-Masri. The commission has power over the mosque because it is a registered charity, and launches the inquiry due to complaints from the mosque’s former trustees, who were usurped by British intelligence informer Abu Hamza in 1997 (see Early 1997 and March 1997). However, nothing much happens for several years. Authors Sean O’Niell and Daniel McGrory will comment: “Since taking over the mosque, Abu Hamza had amassed a string of unpaid bills. Yet it was not until after 9/11 that the commission took a serious look at his abuse of the mosque’s charitable status.” [O'Neill and McGrory, 2006, pp. 286] The commission will attempt to suspend Abu Hamza in 2002 (see April 2002).
Sawyer Aviation logo. [Source: Sawyer Aviation]In January 1998, future 9/11 hijacker Hani Hanjour and his friend Bandar Al Hazmi, who are now renting an apartment together in Phoenix, Arizona, train together at Arizona Aviation flight school. Hanjour supposedly receives his commercial pilot rating while there. [US Congress, 9/26/2002] Later in 1998, Hanjour joins the simulator club at Sawyer School of Aviation in Phoenix. According to the Washington Post, Sawyer is “known locally as a flight school of last resort.” Wes Fults, the manager of the flight simulator, says Hanjour has “only the barest understanding what the instruments were there to do.” After using the simulator four or five times, Hanjour disappears from the school. [Washington Post, 10/15/2001]
One of several unofficial logos of the Stop Huntingdon Animal Cruelty organization. [Source: Kitty Liberation Front (.com)]The BBC broadcasts a graphic documentary detailing the mistreatment and abuse of animals by Huntingdon Life Sciences (HLS), a British research firm. Angered animal rights activists in Britain begin to pressure financial institutions associated with HLS to drop their support of the company as a means to force it to stop performing animal testing. The campaign grows into the Stop Huntingdon Animal Cruelty (SHAC) organization, which models itself on the tactics and ideologies espoused by the Animal Liberation Front (ALF—see 1976) and Earth Liberation Front (ELF—see 1997), among others. SHAC quickly migrates across the Atlantic to the US and into Europe; its activists will claim responsibility for a number of bombings and acts of vandalism and harassment. [Anti-Defamation League, 2005]
David Barbarash, an animal rights activist (see 1992) with the Animal Liberation Front (ALF—see 1976 and 1979-1993), and his fellow activist Darren Thurston are charged in Vancouver with sending letters filled with razor blades to 22 hunting trip guides. Charges against Barbarash and Thurston are dropped because the prosecution does not want to jeopardize other investigations. Barbarash will soon become what he calls an “above ground” spokesman and publicist for the ALF. He will resign in 2002 after Canadian police seize videotapes and computer files from his home as part of their investigation into the organization. [Anti-Defamation League, 2005]
Congressman Dana Rohrabacher (R-CA), who claims to have made many secret trips into Afghanistan and to have fought with the mujaheddin, later describes to Congress a missed opportunity to capture bin Laden. He claims that “a few years” before 9/11, he is contacted by someone he knows and trusts from the 1980s Afghan war, who claims he could pinpoint bin Laden’s location. Rohrabacher passes this information to the CIA, but the informant isn’t contacted. After some weeks, Rohrabacher uses his influence to set up a meeting with agents in the CIA, NSA, and FBI. Yet even then, the informant is not contacted, until weeks later, and then only in a “disinterested” way. Rohrabacher concludes, “that our intelligence services knew about the location of bin Laden several times but were not permitted to attack him… because of decisions made by people higher up.” [US Congress, 9/17/2001]
At its operations center in Cheyenne Mountain, Colorado, the North American Aerospace Defense Command (NORAD) practices dealing with hijackings five times per month, on average, during training exercises. A NORAD document produced a month after 9/11 will state that the Cheyenne Mountain Operations Center (CMOC) “routinely conducts the Amazon Arizona series of internal exercises that include hijack scenarios.” Prior to September 11, 2001, the document continues, “CMOC averaged five hijack training events each month.” Further details of these “Amazon Arizona” exercises are unstated in the document. [North American Aerospace Defense Command, 10/13/2001] But other sources provide additional information about what they might entail.
Exercises Are 'One of the Busiest Times' in Operations Center - According to a 1989 NORAD document, “Arizona” exercises are a “Cheyenne Mountain Air Force Base internal system training mission.” [North American Aerospace Defense Command, 8/25/1989] And in 2004, NORAD will state that its exercises before 9/11 that include hijacking scenarios test “track detection and identification; scramble and interception; hijack procedures; internal and external agency coordination; and operational security and communications security procedures.” [CNN, 4/19/2004] According to Stacey Knott, a technician at the CMOC, “One of the busiest times” in the operations center “is during exercises.… We have the battle staff and CAT [Crisis Action Team] in here; generals and admirals are running in and out.” Knott has said that exercises at the CMOC give her “an idea what things would be like if something were to go down,” and so, “[i]f something actually did happen, we’d be ready for it.” [Airman, 1/1996]
Operations Center Is 'Focal Point for Air Defense Operations' - It is unclear over what period up to 9/11 the CMOC averages five hijack training events per month. It appears to be at least going back to 1998: In 2003, Ken Merchant, NORAD’s joint exercise design manager, will tell the 9/11 Commission that his office keeps computer hard drive information about NORAD exercises “roughly” back to that year. Merchant will add that he “did not believe that his office retained other exercise information, such as after-action reviews, for exercises prior to 1998.” [9/11 Commission, 11/14/2003 ] According to NORAD’s website, “the Cheyenne Mountain Operations Center provides warning of ballistic missile or air attacks against North America, assists the air sovereignty mission for the United States and Canada, and, if necessary, is the focal point for air defense operations to counter enemy bombers or cruise missiles.” [North American Aerospace Defense Command, 11/27/1999] On the morning of 9/11, members of the battle staff at the CMOC will be participating in the exercise Vigilant Guardian (see (6:30 a.m.) September 11, 2001). [Airman, 3/2002; 9/11 Commission, 3/1/2004 ]
A military report released this year describes the “Joint Vision 2010” program, a series of “analyses, war games, studies, experiments, and exercises” which are “investigating new operational concepts, doctrines, and organizational approaches that will enable US forces to maintain full spectrum dominance of the battlespace well into the 21st century.”
“The Air Force has begun a series of war games entitled Global Engagement at the Air War College, Maxwell Air Force Base, Alabama.” The same report mentions that the military is working on a “variety of new imaging and signals intelligence sensors, currently in advanced stages of development, deployed aboard the Global Hawk, DarkStar, and Predator unmanned aerial vehicles (UAVs)…” [US Department of Defense, 1998] Global Hawk is a technology that enables pilotless flight and has been functioning since at least early 1997. [US Department of Defense, 2/20/1997] While it may be mere coincidence, “Air Force spokesman Colonel Ken McClellan said a man named Mohamed Atta—which the FBI has identified as one of the five hijackers of American Airlines Flight 11—had once attended the International Officer’s School at Maxwell/Gunter Air Force Base in Montgomery, Ala.” But he adds that “there [was] discrepancies in the biographical data” (mainly the birth date) and that “it may just be a case of mistaken identity” (see also 1996-August 2000 and September 15-17, 2001) [Gannett News Service, 9/17/2001; Gannett News Service, 9/20/2001]
George Tenet, appointed as CIA director in 1997 (see July 11, 1997), develops close personal relationships with top Saudi officials, especially Prince Bandar, the Saudi ambassador to the US. Tenet develops a habit of meeting with Bandar at his home near Washington about once a month. But CIA officers handling Saudi issues complain that Tenet doesn’t tell them what he discusses with Bandar. Often they are only able to learn about Tenet’s deals with the Saudis later and through Saudi contacts, not from their own boss. Tenet also makes one of his closest aides the chief of the CIA station in Saudi Arabia. This aide often communicates directly with Tenet, avoiding the usual chain of command. Apparently as a favor to the Saudis, CIA analysts are discouraged from writing reports raising questions about the Saudi relationship to Islamic extremists. [Risen, 2006, pp. 185]
Al-Qaeda operative Mohammed Haydar Zammar probably recruits future 9/11 hijacker Mohamed and other key members of the Hamburg cell into al-Qaeda this year. According to Time magazine, “US investigators believe [Zammar] may have persuaded Atta’s Islamic study group to offer its services to al-Qaeda around 1998.” Zammar was frequently seen by neighbors with Atta starting in 1997 (see 1997). [Time, 7/1/2002]
Zammar Being Monitored by US and German Intelligence - German intelligence began heavily monitoring Zammar in early 1997 and this continues until at least early 2000 (see March 1997-Early 2000). The CIA also appears to be monitoring Zammar by this time. Author Terry McDermott will later comment: “[T]he CIA told the [9/11 Congressional Inquiry] it had a long-standing interest in Zammar that pre-dated [a wiretap done in March 1999 (see March 1999)]. In other words, the CIA appears to have been investigating the man who recruited the hijackers at the time he was recruiting them.” [McDermott, 2005, pp. 73, 278-279]
Paul Nenninger. [Source: KRCU]The US Secret Service runs training exercises that involve computer simulations of planes crashing into the White House, in order to test security there. [Nenninger, 2005, pp. 175]
Plane Crash Scenarios Test White House Security - Secret Service agent Paul Nenninger has, since 1997, been assigned to the Secret Service’s James J. Rowley Training Center in Beltsville, Maryland, where he serves as program manager in charge of the Security and Incident Modeling Lab (SIMLAB). [Nenninger, 2005, pp. 299] In a 2005 book, he will write that from 1998 up until the time of the 9/11 attacks, the Rowley Training Center is “crashing planes into the White House… on a simulation program provided by the military.” This is done “to test the security responses of the various agencies that interact to provide security and support to the White House.” [Nenninger, 2005, pp. 175] The plane crash scenarios are perhaps inspired by an incident in 1994, when a suicidal pilot crashed a Cessna into the White House grounds (see September 11, 1994). Time magazine reported at the time that “security officials have long feared in private [that] the White House is vulnerable to sneak attack from the air.” [Time, 9/26/1994; New York Times, 10/3/2001]
Exercises Held Based on 'Terrorist Attacks on the White House' - Nenninger will not state whether the simulated plane crashes are imagined to be part of a terrorist attack. However, he will comment that simulations “allow you to practice scenarios that can be attempted by a terrorist or other deranged individual.” [Nenninger, 2005, pp. 177-178] And in May 2001, Secretary of the Treasury Paul O’Neill testifies that the Secret Service “holds interagency tabletop exercises in preparation for terrorist attacks on the White House.” However, it is unclear if he is referring to the same exercises as those described by Nenninger. [US Department of the Treasury, 5/8/2001]
Secret Service Uses Advanced Analytical Software - For the simulations, the Secret Service has what Nenninger will describe as “a very good piece of analytical software” called the Joint Conflict and Tactical Simulation (JCATS). This program was developed by the Lawrence Livermore National Laboratory (LLNL) in California. It was released by LLNL in 1998 and distributed to the Secret Service by the Joint Warfighting Center at Fort Monroe, Virginia. [Science and Technology Review, 9/2000; Nenninger, 2005, pp. 176] JCATS can handle things like “alarms” and “FAA radar” in the simulations, according to Nenninger. The computer simulations are particularly popular with the Secret Service’s special operations units, which request “more and more time in SIMLAB.” [Nenninger, 2005, pp. 184-185]
Colleague Says 'You Know All about That' in Response to Attack on WTC - On the morning of September 11, 2001, Nenninger is at the Secret Service headquarters in Washington, DC, for a board meeting. When he and the others there for the meeting learn that a plane has crashed into the World Trade Center, another Secret Service agent in the room points at Nenninger and, referring to the computer simulations he has been involved with, comments, “You know all about that.” [Nenninger, 2005, pp. 175]
Scientist Subhendu Guha leads the invention of flexible solar shingles, a roofing material designed to convert sunlight to electricity. The solar shingles replace the usual asphalt shingles, and are connected to the utility grid, feeding the collected power through an inverter and producing electricity for the customer. [US Department of Energy, 2002 ]
Amnesty International, in its annual report on US military aid and human rights, states that “throughout the world, on any given day, a man, woman or child is likely to be displaced, tortured, killed or ‘disappeared’ at the hands of governments or armed political groups. More often than not, the United States shares the blame.” [Chomsky, 1998]
Police stop a car carrying supporters of Abu Hamza al-Masri on their way back from a paramilitary training camp in Wales. The supporters include Mohsin Ghalain, Abu Hamza’s stepson, and Mohammed Kamel Mostafa, his son. Abu Hamza, an informer for the British security services (see Early 1997), began setting up training camps and courses in Britain the previous year to prepare his supporters to fight for Muslim causes abroad (see (Mid-1997)). Authors Sean O’Neill and Daniel McGrory will point out that the police followed the men’s car for some time before it was stopped and, “The authorities clearly had this group on a watch-list.” The police search the car, making remarks indicating they expect to find firearms. However, none are found, as the weapons were given to the men’s trainers, ex-soldiers in the British army, after the end of the course. [O'Neill and McGrory, 2006, pp. 84] Ghalain and Mostafa will later attempt to carry out terrorist attacks in Yemen, but will be thwarted (see December 23, 1998).
In 2004, it will be reported, “A former very senior CIA counterintelligence official told UPI that in 1998-99, the CIA discovered an Israeli couple, who were subcontracted to a US phone company, were working for Mossad, the Israeli intelligence service. ‘They did incredible damage—they got incredibly sensitive data, including key words identifying individuals or projects,’” this source said, adding he himself gave the case to the FBI. Additional details are not known. [United Press International, 12/9/2004] In 2005, a US criminal indictment will reveal that the FBI began monitoring some Israeli diplomatic officials in the US by April 1999 (see April 13, 1999-2004), but is it not known if there is any connection between that and this case.
By 1997, al-Qaeda leader Abu Zubaida is living in Peshawar, Pakistan, near the border to Afghanistan. He runs an al-Qaeda guest house there called the House of Martyrs, where all foreign recruits are interviewed before being sent to Afghanistan. As a result, Zubaida soon knows the names of thousands of al-Qaeda recruits. [Rashid, 2008, pp. 224-225] In 2006, author Gerald Posner will write that beginning in 1998, Pakistan receives several requests from US intelligence to track down Zubaida. Beginning by October 1998, the US and other countries have been monitoring Zubaida’s phone calls (see October 1998 and After), and will continue to do so through the 9/11 attacks (see Early September 2001 and October 8, 2001). But according to Posner, “Pakistan’s agency, the ISI, had claimed to have made several failed attempts, but few in the US believe they did more before September 11 than file away the request and possibly at times even warn Zubaida of the Americans’ interest.” [Posner, 2003, pp. 184] In 2008, Pakistani journalist and regional expert Ahmed Rashid will repeat the gist of Posner’s allegations, and further explain that Zubaida directly worked with the ISI. Some of the militants he directs to al-Qaeda camps are militants sent by the ISI to fight in Kashmir, a region disputed between India and Pakistan. Presumably, handing Zubaida to the US could hinder Pakistan’s covert war against India in Kashmir. [Rashid, 2008, pp. 224-225] After Zubaida is arrested in 2002, he allegedly will divulge that he has personal contacts with high-ranking officials in Pakistan and Saudi Arabia (see Early April 2002).
ExxonMobil begins funding the Washington, DC-based organization Frontiers of Freedom. The organization, founded in 1996 by former Senator Malcolm Wallop to promote property rights and critique environmental regulations, will use ExxonMobil’s money to participate in an effort (see April 1998) to discredit the scientific consensus that rising global temperatures are being caused by the increase of greenhouse gases. One of the group’s staff members is Myron Ebell, an outspoken global warming skeptic. By 2005, ExxonMobil will have provided $857,000 in funds to Frontiers of Freedom. [Union of Concerned Scientists, 2007, pp. 11 ]
After a renditions branch is established at the CIA in 1997, responsibility at the agency for dealing with Khalid Shaikh Mohammed (KSM) is transferred there. This is because he is wanted in connection with the Bojinka plot (see January 8, 1998). The 9/11 Commission will say that this both improves the CIA’s coverage of KSM—because it gives them a “man-to-man” focus—and also degrades it—as less analysis is performed related to rendition targets. [9/11 Commission, 7/24/2004, pp. 276-7] The CIA’s inspector general will say that at this time the agency’s Counterterrorist Center considers KSM a “high-priority target for apprehension and rendition,” but will fail to recognize the importance of reporting from “credible sources” before 9/11 that shows he is a top al-Qaeda leader and is sending other terrorists to the US to work for Osama bin Laden (see June 12, 2001 and August 28, 2001). The inspector general will recommend that an accountability board review the performance of at least four officers for these failures. [Central Intelligence Agency, 6/2005, pp. xii-xiii ]
In 1998, Saif al-Islam al-Masri, a member of al-Qaeda’s ruling military council, is appointed Benevolence International Foundation’s (BIF) officer in Grozny, Chechnya. BIF is a US-based charity with numerous ties to al-Qaeda that is being investigated by the FBI at this time (see 1998). It will be shut down in late 2001 (see December 14, 2001). From 1995 to 2001, BIF provides money, anti-mine boots, camouflage military uniforms, and other supplies to the Chechen rebels who are fighting the Russian army. BIF is particularly close to Ibn Khattab, the Chechen warlord linked to Osama bin Laden, and BIF is even mentioned on Khattab’s website at the time, as a charity to use to give to the Chechen cause. The BIF office in Baku, Azerbaijan, which serves as support to nearby Chechnya, is manned by a member of a militant group led by Gulbuddin Hekmatyar, the Afghan warlord closely linked to al-Qaeda. In 1999, Enaam Arnaout, head of BIF’s US office, tours Chechnya and reports on the roles al-Islam, Khattab, and others are playing there. US intelligence is aware of al-Islam’s al-Qaeda role at this time, and recovered his passport photo in a raid on the house of al-Qaeda leader Wadih El-Hage in Kenya in 1997 (see August 21, 1997). [USA v. Enaam M. Arnaout, 10/6/2003 ] El-Hage was monitored talking on the phone to al-Islam in 1996 and 1997. [United States of America v. Usama Bin Laden, et al., Day 37, 5/1/2001] However, either US intelligence failed to notice al-Islam’s link to BIF at the time, or failed to do anything about it. It is not known when he stops working for BIF. He will not be captured until 2002, when US forces help catch him just outside of Chechnya (see Early October 2002).
Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters. [Source: Salon]Soon after Jeb Bush (R-FL) becomes governor of Florida minority voters are increasingly purged from the Florida voting rolls. In his unsuccessful 1994 run for governor, Bush had won the animus of African-American voters by showing a lack of interest in their concerns; during one debate, when asked what he would do for Florida’s black community, he answered, “Probably nothing.” He avoided such comments in his 1998 campaign, and won the election though he secured only 10 percent of the black vote. In his first year as governor, Bush eliminates many affirmative action programs and replaces them with what he calls the “One Florida Initiative,” which in effect grants state contracts almost exclusively to white male business owners. Black legislators, led by Democratic State Senator Kendrick Meek among others and joined by the NAACP, decide that they will mount a voter registration drive—“We’ll Remember in November”—to defeat Governor Bush and his allies, and to challenge Bush’s brother, Texas Governor George W. Bush, in his drive to the presidency (see 9:54 p.m. December 12, 2000). Veteran civil rights leader Elmore Bryant later says, “We didn’t need George W. doing to the whole nation what Jeb was doing to Florida.” Some Florida NAACP officials have a nickname for the governor: “Jeb Crow.” Black voters begin registering in unprecedented numbers.
Removing Black 'Felons' from the Rolls, Keeping Other Blacks Off - Bush and his allies decide to begin focusing on convicted felons (see June 24, 1974), pivoting off of a 1997 discovery that 105 convicted felons had illegally voted in a Miami mayoral election. Under Florida law, convicted felons are ineligible to vote. Seventy-one percent of convicted felons found on county voting rolls are registered Democrats, and the majority of those are black. Bush and the Republican-led Florida legislature pushes through a sweeping voter fraud bill opposed by almost every county elections supervisor in Florida. It mandates the strict enforcement of an obsolete 1868 law that took the vote away from all former prisoners who had not received clemency from the governor’s office no matter what their crimes or their circumstances. Only 14 states do not automatically restore a convicted citizen’s civil rights upon the completion of their prison sentence; Florida is one of those states. Florida’s population is only 15 percent black, but its prison population is 54 percent black—a huge disproportion. Convicted felons who ask for clemency usually are denied such clemency, no matter how much they had managed to clean up their lives—by 2000, less than 0.5 percent of former prisoners have regained their rights to vote. Meek later says that he has helped 175 former felons apply for clemency; only nine, he will say, succeed in regaining their voting rights. 17 percent of Florida’s black voting-age males are disenfranchised as of 2000. Florida leads the nation in its number of disenfranchised voters. Moreover, Florida leads the nation in charging juveniles with felonies, thusly depriving young citizens of their rights to vote even before they are old enough to exercise them. Democratic State Senator Daryl Jones says: “And every year the Florida legislature is trying to make more crimes felonies. Why? So they can eliminate more people from the voter rolls.… It’s been going on in Tallahassee for years.” By April 1998, as Jeb Bush’s campaign for governor is in full swing, the legislature mandated a statewide push to “purge” voter rolls of a wide variety of ineligible voters—those who have moved and registered in a different county or state, those considered mentally unstable, those who are deceased, and most significantly, convicted felons who have not had their rights restored. Voters such as Willie David Whiting, a Tallahassee pastor who has never been convicted of a crime, testified that they were denied their rights to vote because the lists conflated him with felon Willie J. Whiting. The purge list parameters considered him a “derived,” or approximate, match (see November 7, 2000). Whiting had to threaten to bring his lawyer to the precinct before being allowed to vote. “I felt like I was slingshotted back into slavery,” he testified. He tried to understand why he and so many others were denied their right to vote. “Does someone have a formula for stealing this election?” he says he asked himself. Overall, the new purge lists are hugely disproportionate in including black citizens. Hillsborough County’s voting population is 15 percent black, but 54 percent of its purged voters are black. Miami-Dade County’s voting population is 20 percent black, but 66 percent of its purged voters are black. Leon County’s voting population is 29 percent black, but 55 percent of its purged voters are black (see Early Afternoon, November 7, 2000).
Privatizing the Purge - The legislature contracts out the task of providing a “purge list” to a Tallahassee firm, Professional Analytical Services and Systems, using state databases. The results are riddled with errors that would cost huge numbers of Florida voters their right to vote. In August 1998. Ethel Baxter, the Director of the Florida Division of Elections, orders county elections supervisors not to release the list to the press in order to keep the list from generating negative publicity. Instead, the state awards a second contract, this time to Boca Raton’s Database Technologies (DBT). (DBT later merges with ChoicePoint, an Atlanta firm.) DBT produces two separate lists, one in 1999 and another in 2000, that included a total of 174,583 alleged felons. Later, a small number of convicts who had been granted clemency are removed from the list. The majority of the people on the lists were black, and presumably Democrats. DBT employees referred to the people on the list as “dirtbags,” among other epithets. When citizens begin learning that they are on the lists, and begin filing complaints, DBT product manager Marlene Thorogood expresses surprise. In an email, she says, “There are just some people that feel when you mess with their ‘right to vote’ your [sic] messing with their life.” By late 1999, it becomes apparent that the DBT lists are as riddled with errors as the first lists. Thousands of Florida citizens who had never been convicted of felonies, and in many cases no crimes at all, are on the lists. Some people’s conviction dates were given as being in the future. Angry complaints by the thousands inundated county elections supervisors, who in turn complain to Tallahassee.
Handling the Complaints - The person designated to compile the list is Emmett “Bucky” Mitchell IV, an assistant general counsel to the Florida Division of Elections. Mitchell, who is later promoted to a senior position in the Department of Education a week after the November 2000 elections, claims he tries to “err on the side of caution” in listing voters to be purged. But testimony and statements from county supervisors, state officials, DBT employees, and others paint a different picture. When warned in March 1999 of the likelihood of tens of thousands of “false positives”—names that should not be on the list but are because of similarities in names, birth dates, Social Security numbers, and the like—Mitchell tells Thorogood that the primary purpose of the lists is to include as many people as possible, false positives or not. It is the job of the county supervisors, he says, to weed out the legitimate voters from the lists. When told by DBT personnel that loose parameters for the names were causing an inordinate number of false positives, Mitchell, as directed by senior government officials, actually loosens the parameters instead of tightening them, ensuring tens of thousands more names on the list, and resultingly more false positives. DBT also includes names of convicted felons from other states in making up its lists, though 36 states automatically restore their prisoners’ rights upon completion of sentences. Thusly, over 2,000 residents of other states who had served their sentences, had their rights restored, and moved to Florida now find their voting rights illegally stripped by the purge list. In May 2000, some 8,000 names, mostly those of former Texas prisoners included on a DBT list, are found to have never committed anything more than a misdemeanor. Their names are eventually removed from the lists. (Subsequent investigations find that at least one of the Texas lists came from a company headed by a heavy Republican and Bush campaign donor.) Mitchell later admits that other such lists, equally erroneous, are incorporated into the purge lists, and those names are not removed. Before the 2000 elections, an appeals process is instituted, but it is tortuously slow and inefficient. Civil Rights Commission attorney Bernard Quarterman says in February 2001 that the people who filed appeals are, in essence, “guilty until proven innocent.” In its contract, DBT promises to check every name on the list before including it by both mail and telephone verifications, but it does not, and later contracts omit that procedure. Asked by Nation reporter John Lantigua about concerns with the lists, Mitchell dismisses them, saying: “Just as some people might have been removed from the list who shouldn’t have been, some voted who shouldn’t have.” Lantigua writes: “In other words, because an ineligible person may have voted somewhere else, it was acceptable to deny a legitimate voter the right to vote.” Mitchell verifies that he himself did not set the loose parameters for the lists, but that they came from Baxter in consultation with Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After).
County Supervisors Battle the Lists - Some county elections supervisors work diligently to comb through their lists and restore legitimate citizens’ voting rights. Leon County Elections Supervisor Ion Sancho testifies after the elections, “Our experience with the lists is that they are frequently erroneous.” He tells the Civil Rights Commission that he received one list with 690 names on it; after detailed checking by himself and his staff, 657 of those names were removed. Mitchell actually tells elections supervisors not to bother with such checks. Linda Howell, the elections supervisor for Madison County, later says: “Mr. Mitchell said we shouldn’t call people on the phone, we should send letters. The best and fastest way to check these matters was by phone, personal contact, but he didn’t want that.… We shouldn’t have had to do any of this. Elections supervisors are not investigators, and we don’t have investigators. It wasn’t our responsibility at all.” The process for unfairly purged voters to clear their names is slow and inefficient, and the backlog of voters waiting to have their names cleared by the Office of Executive Clemency was anywhere from six months to a year in duration. [Tapper, 3/2001; Nation, 4/24/2001]
Subsequent Investigation - A later investigation by the progressive news magazine The Nation will document widespread voter disenfranchisement efforts in Florida (see April 24, 2001).
Entity Tags: Emmett (“Bucky”) Mitchell, Willie D. Whiting, Elmore Bryant, Daryl Jones, County of Miami-Dade (Florida), County of Hillsborough (Florida), US Commission on Civil Rights, Bernard Quarterman, ChoicePoint, Professional Analytical Services and Systems, Kendrick Meek, Marlene Thorogood, John Ellis (“Jeb”) Bush, Ion Sancho, George W. Bush, Florida Division of Elections, Ethel Baxter, National Association for the Advancement of Colored People, Database Technologies, Katherine Harris, John Lantigua
Timeline Tags: 2000 Elections, Civil Liberties
Dietrich Snell. [Source: Morris Mac Matzen/ Associated Press]Abdul Hakim Murad, a conspirator in the 1995 Bojinka plot with Ramzi Yousef, Khalid Shaikh Mohammed (KSM), and others, was convicted in 1996 of his role in the Bojinka plot (see January 6, 1995). He is about to be sentenced for that crime. He offers to cooperate with federal prosecutors in return for a reduction in his sentence, but prosecutors turn down his offer. Dietrich Snell, the prosecutor who convicted Murad, will say after 9/11 that he does not remember any such offer. But court papers and others familiar with the case later confirm that Murad does offer to cooperate at this time. Snell will claim he only remembers hearing that Murad had described an intention to hijack a plane and fly it into CIA headquarters. However, in 1995 Murad had confessed to Philippine investigators that this would have been only one part of a larger plot to crash a number of airplanes into prominent US buildings, including the World Trade Center and the Pentagon, a plot that KSM later will adjust and turn into the 9/11 plot (see January 20, 1995)
(see February-Early May 1995). While Philippine investigators claim this information was passed on to US intelligence, it’s not clear just which US officials may have learned this information and what they did with it, if anything. [New York Daily News, 9/25/2001] Murad is sentenced in May 1998 and given life in prison plus 60 years. [Albany Times-Union, 9/22/2002] After 9/11, Snell will go on to become Senior Counsel and a team leader for the 9/11 Commission. Author Peter Lance later calls Snell “one of the fixers, hired early on to sanitize the Commission’s final report.” Lance says Snell ignored evidence presented to the Commission that shows direct ties between the Bojinka plot and 9/11, and in so doing covers up Snell’s own role in the failure to make more use of evidence learned from Murad and other Bojinka plotters. [FrontPage Magazine, 1/27/2005]
ExxonMobil helps create the Global Climate Science Team (GCST), a small task force that is charged with discrediting the scientific consensus opinion that greenhouse gases are warming the planet. Members of the task force include ExxonMobil’s senior environmental lobbyist, Randy Randol; the American Petroleum Institute’s public relations representative, Joe Walker; and Steven Milloy, who heads a nonprofit organization called the Advancement of Sound Science Coalition. [American Petroleum Institute, 4/1998; Union of Concerned Scientists, 2007, pp. 11 ] Milloy’s organization had been secretly formed in 1993 by tobacco giant Philip Morris with the goal of creating uncertainty about the health hazards posed by secondhand smoke. [Union of Concerned Scientists, 2007, pp. 11 ]
The CIA apparently ignores a warning from a recently retired CIA agent that Khalid Shaikh Mohammed (KSM) is heading al-Qaeda’s terrorist operations. Robert Baer left the CIA in late 1997 and began private consulting in the Middle East. Baer soon meets Hamad bin Jassim bin Hamad al Thani, who was Qatar’s minister of the economy and chief of police until he was deposed and exiled the year before. Al Thani tells Baer that KSM is now bin Laden’s chief of terrorist operations, and gives Baer other details about KSM, including how some Qatari royals helped KSM escape Qatar the year before after the CIA tracked him there (see January-May 1996 and Early 1998). In early 1998, Baer passes all this information on to a friend still in the CIA, who then passes it on to the CIA’s Counterterrorist Center. But the friend writes back a week later, saying the CIA showed no interest. [Baer, 2003, pp. 190-198] The 9/11 Commission, by contrast, will later claim that, in 1997 and 1998, KSM has some links with al-Qaeda, but mostly helps them collect newspaper articles and update computer equipment. Supposedly, not until after the August 1998 embassy bombings does he begin working directly with al-Qaeda on plotting attacks. This account appears entirely based on KSM’s testimony taken while in US custody. [9/11 Commission, 7/24/2004, pp. 149-150] It will later be reported that up to 90 percent of KSM’s testimony could be inaccurate, mostly due to the use of torture (see Late August 1998). Further, the CIA gained evidence shortly after the embassy bombings that KSM was one of the masterminds of those bombings, which would strongly support Baer’s information over the 9/11 Commission version (see August 6, 2007).
Robert Baer. [Source: Publicity photo]In December 1997, former CIA agent Robert Baer, newly retired from the CIA and working as a terrorism consultant, meets Hamad bin Jassim bin Hamad al Thani, who was Qatar’s minister of the economy and chief of police until he was deposed and exiled the year before, and whom he calls the “black prince.” Al Thani tells Baer that Khalid Shaikh Mohammed (KSM) was being sheltered by then Qatari Interior Minister Abdallah bin Khalid al-Thani in 1996 (see January-May 1996). However, the black prince knows other details, based on what Qatari police and intelligence learned when KSM was in the country. He says that KSM is chief of al-Qaeda’s terrorist operations (see Early 1998). KSM was leading an al-Qaeda cell in Qatar together with Mohammed Shawqui Islambouli, the brother of the Egyptian who had killed Anwar Sadat. They also were linked to bomber Ramzi Yousef. But what worries the black prince is that KSM and Islambouli are experts in hijacking commercial planes. He tells Baer that KSM “is going to hijack some planes.” Further, he says that KSM has moved to the Czech Republic, and has also traveled to Germany to meet bin Laden associates there. In early 1998 Baer sends this information to a friend in the CIA Counterterrorist Center, who forwards the information to his superiors. Baer doesn’t hear back from the CIA. He says, “There was no interest.” [Baer, 2002, pp. 270-71; Vanity Fair, 2/2002; United Press International, 9/30/2002; Baer, 2003, pp. 190-198] Later in 1998, President Clinton will be briefed about a hijacking threat in the US involving Islambouli, but it is unclear if Islambouli was actually involved in the 9/11 plot or any other hijacking plots targeting the US (see December 4, 1998). He will not have been captured by March 2008. Baer tries to interest reporter Daniel Pearl in a story about KSM before 9/11, but Pearl will still be working on it when he is kidnapped and later murdered in early 2002. [United Press International, 4/9/2004] Baer also tries to interest New York Times reporter James Risen in the information about KSM. But just before Risen can come to the Middle East to meet the black prince, the black prince is kidnapped in Lebanon and sent to prison in Qatar. There will be speculation that the CIA turned on the source to protect its relationship with the Qatari government. Risen will publish an article in July 1999 about KSM, but it will not include most of the information from the black prince, since Risen will not be able to confirm it. [New York Times, 7/8/1999; BBC, 7/25/1999; Gertz, 2002, pp. 55-58; Baer, 2003, pp. 190-198] Al-Thani will continue to support al-Qaeda, even hosting visits by bin Laden between 1996 and 2000 (see 1996-2000). [ABC News, 2/7/2003] Yet the US will not have frozen al-Thani’s assets or taken other action by March 2008.
Entity Tags: James Risen, Robert Baer, Ramzi Yousef, Hamad bin Jassim bin Hamad al Thani, Mohammed Shawqui Islambouli, Daniel Pearl, Khalid Shaikh Mohammed, Al-Qaeda, Counterterrorist Center, Abdallah bin Khalid al-Thani
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Ali Mohamed, the al-Qaeda double agent living in California, receives a letter from Ihab Ali Nawawi (an apparent al-Qaeda sleeper cell operative living in Orlando, Florida, at the time (see September 1999)). Nawawi tells Mohamed that Wadih El-Hage, a key member of the al-Qaeda cell in Kenya, has been interviewed by the FBI (see August 21, 1997). Mohamed is given a new contact number for El-Hage. Mohamed calls El-Hage and speaks to him about this, then calls other operatives who pass on the warning of the FBI’s interest in El-Hage to bin Laden. US intelligence is monitoring Mohamed’s phone calls at this time, so presumably they are aware of these connections. [New York Times, 10/24/2000; Raleigh News and Observer, 10/21/2001; Chicago Tribune, 12/11/2001] Yet, despite all of these monitored communications, neither Mohamed, nor Nawawi, nor El-Hage, are apprehended at this time, even though all three are living in the US. Their plot to blow up two US embassies in Africa succeeds in August 1998 (see 10:35-10:39 a.m., August 7, 1998).
Bin Laden holds a meeting with other top al-Qaeda leaders in Afghanistan this month to prepare for a new wave of attacks. CIA analysts are able to learn some about this meeting, apparently largely due to NSA communications intercepts. On US official will say later in 1998, “There were reams of intel documenting bin Laden before” the African embassy bombings later in the year (see 10:35-10:39 a.m., August 7, 1998). Another official will say, “We’ve had the book on this guy for a long time.” But it is not known which attacks may have been discussed at this meeting or how much US intelligence knew about what was said there. [New York Times, 9/6/1998]
In January 1998, the FBI and a New York US Attorney begins preparing charges against him for murdering US citizens in Somalia in 1993 (see October 3-4, 1993), Saudi Arabia in 1995 (see November 13, 1995), and other attacks. A grand jury will approve a secret and sealed indictment charging him with involvement in these attacks in June 1998 (see June 8, 1998). [New York Times, 9/6/1998; Miniter, 2003, pp. 168-169] It is not known why an indictment was not prepared earlier. The indictment is based on information from al-Qaeda informant Jamal al-Fadl, who defected to the US in mid-1996 (see June 1996-April 1997).
Luc Besson. [Source: Publicity photo]Hollywood film studio 20th Century Fox works on producing WW3.com, a movie about cyber-terrorists declaring war on the United States, which will include a 9/11-like scene where a Boeing 767 crashes into New York’s Central Park. [Variety, 1/26/1998; Fox News, 6/3/2002] The storyline of WW3.com is rooted in a 1997 article in Wired magazine, which described the potential for the US becoming engaged in a cataclysmic and nation-crippling “information war.” [Wired, 5/1997; Variety, 8/24/2000; New York Times, 6/27/2007] 20th Century Fox acquires the rights to this article in January 1998, as source material for the movie. Screenwriter David Marconi, who previously wrote the action movie Enemy of the State, works on the script.
Idea behind Movie Is a 'Blueprint for Disaster' - WW3.com will “blend the tensions of a Cold War thriller with a high-concept, special effects-laden storyline involving cyber-terrorists who have declared war on the United States,” according to Variety magazine. [Variety, 1/26/1998] The idea of the movie, according to Marconi, is “about basically turning the US into Kuwait. It was a blueprint for disaster.” The climax of the story features a Boeing 767 crashing into a Simon and Garfunkel concert in Central Park, just a few miles from the World Trade Center. [Fox News, 6/3/2002] The two planes that crash into the WTC on September 11 are also Boeing 767s. [Fox News, 9/11/2003] Marconi will later comment that the screenplay for WW3.com “was incredibly prescient about the events of September 11.”
NSA Employees Suggest 9/11-Like Scenarios - Experts from the National Security Agency (NSA) assist Marconi while he is working on the screenplay. These experts, Marconi will recall, are “more than helpful in laying out situations not dissimilar from what happened at the World Trade Center and the Pentagon” on September 11, although he will provide no details of these situations. Marconi will add: “One of my experts [at the NSA] told Boeing they had trouble with their avionics. He came up with scenarios. One was that a guy disguises himself as someone who works in food service in order to get on the plane. It’s much more low-tech than you think.” On the day of the 9/11 attacks, one of the people at the NSA who has been assisting Marconi calls the screenwriter and says to him, “Turn on the TV, it’s happening.” [Fox News, 6/3/2002]
Movie 'in Limbo' by 2002 - In August 2000, Variety reports that the well-known French film writer, director, and producer Luc Besson will produce WW3.com, although at this time the movie is still without a director. [Variety, 8/24/2000] But in June 2002, Fox News will report that the movie has been “lost in limbo.” [Fox News, 6/3/2002] The script will eventually be rewritten and made into the fourth Die Hard movie, Live Free or Die Hard, which is released in 2007. [Variety, 7/6/2004; New York Times, 6/27/2007] WW3.com is one of a number of movies and television dramas featuring storylines about terrorism that are canceled or rewritten after the 9/11 attacks (see February 1999-September 11, 2001; June-September 11, 2001; Before Before September 11, 2001; September 13, 2001; September 27, 2001; November 17, 2001). [Denver Post, 9/17/2001; Village Voice, 12/4/2001; Washington Times, 3/7/2002]
Khaled Saffuri. [Source: Paul Sperry]Grover Norquist, one of the most politically-connected Republican lobbyists, founds a group to build Republican support among Muslim Americans. Norquist cofounds the Islamic Institute, sometimes called the Islamic Free Market Institute, with Khaled Saffuri. Saffuri is executive director and Norquist is chairman of the board. The institute operates out of the headquarters of Americans for Tax Reform, Norquist’s main lobbying group. [New Republic, 11/1/2001] The start-up money largely comes from Middle Eastern sources. Saffuri’s former boss at the American Muslim Council, Abdurahman Alamoudi, gives at least $35,000. Alamoudi has been suspected of ties to bin Laden and other Islamic radicals (see Shortly After March 1994) since at least 1994 and will later be sentenced to 23 years in prison (see October 15, 2004). The Safa Trust donates at least $35,000, and the International Institute of Islamic Thought (IIIT) contributes $11,000. Both organizations are part of the SAAR group and are among the organizations raided in early 2002 (see March 20, 2002). [St. Petersburg Times, 3/11/2003] Norquist is very close to future President Bush. The Washington Post will later comment that “even before President Bush’s election, [Norquist] positioned himself as a gatekeeper for supplicants seeking access to Bush’s inner circle.” [Washington Post, 7/9/2006] The St. Petersburg Times will later note that after the founding of the Islamic Institute, “then-candidate Bush began popping up in photographs with various politically connected Muslims (see March 12, 2000). The only problem was, many of these same prominent Muslims were also under scrutiny by federal investigators for links to terrorism.” [St. Petersburg Times, 3/11/2003] The Islamic Institute becomes a key power center for Muslim activists currying favor with Bush and other Republicans, and these alliances lead to more Muslim American votes for Bush. Norquist will later claim, “George W. Bush was elected President of the United States of America because of the Muslim vote.” [New Republic, 11/1/2001] After Bush is elected president, Saffuri regularly appears at the White House with imams and heads of Islamic organizations to lobby for policy changes. Suhail Khan, who was a director of the Islamic Institute, is the point person arranging the Muslim groups’ access to Bush. Khan’s late father was imam at a mosque in Santa Clara, California, which once hosted a visit by Ayman al-Zawahiri, al-Qaeda’s number two leader. Norquist apparently boasted that he got Khan his White House post. [New Republic, 11/1/2001; St. Petersburg Times, 3/11/2003] It will later be alleged that Norquist’s ties to people openly sympathetic to Islamist militant groups stifled investigations before 9/11 (see March 20, 2002). Shortly after 9/11, one recently retired intelligence official will claim that a number of counterterrorism agents at the FBI and CIA are “pissed as hell about the situation and pissed as hell about Grover [Norquist].” [New Republic, 11/1/2001]
CIA officer Valerie Plame Wilson uses the front company Brewster Jennings & Associates as cover for work against the nuclear proliferation network run by Pakistani scientist A. Q. Khan. Details of what exactly she does and whether other CIA officers use it as cover are not known. However, she is said to pose as an “oil consultant” and the company is also said to be involved in alternative energy in some way. [Sunday Times (London), 1/27/2008] According to former CIA officer Vincent Cannistraro, her specialty in the agency’s nonproliferation center is biological, chemical and nuclear weapons, and “recruiting agents, sending them to areas where they could access information about proliferation matters, weapons of mass destruction.” [New York Daily News, 1/27/2008] Plame Wilson makes a donation of $1,000 to Al Gore’s election campaign in 1999 giving the company’s name as her employer, and also lists it as her employer on her 1999 tax forms. [Sunday Times (London), 1/27/2008]
The Oslo peace accords between Israel and Palestine (see September 13, 1993) break down, with Israeli Prime Minister Benjamin Netanyahu and Palestinian Liberation Organization leader Yasser Arafat accusing one another of noncompliance. Netanyahu has not implemented the first scheduled withdrawal of Israeli settlers from the West Bank, and the second is well overdue. The New York Times’s Anthony Lewis lays the blame squarely on Netanyahu: “There is and always has been only one way to resolve the Israeli-Palestinian conflict: land for peace. And the Netanyahu government has now made it clear that it has no intention of withdrawing from enough of the land Israel occupies in the West Bank to make a deal imaginable.” When the White House pressures Netanyahu to restart the peace process, he turns for support to America’s Christian Right (see January 19-23, 1998). [Unger, 2007, pp. 156]
America’s neoconservatives are initially leery of potential presidential candidate George W. Bush, currently the governor of Texas, mostly because they do not want a repeat of his father’s presidency. What they do not yet know is that the younger Bush has no intention of reprising his father. He is determined to establish an image and an identity of his own, separate from his father. Author Craig Unger will write in 2007, “Given his lack of knowledge when it comes to foreign policy (see Fall 1997), his limited experience as a hands-on executive, and the extraordinary bureaucratic skills of the neoconservatives, George W. Bush was an exceedingly easy mark (see December 1998 - Fall 1999).” A State Department official later says: “This guy was tabula rasa. He was an empty vessel. He was so ripe for the plucking.” [Unger, 2007, pp. 158]
Former Iraqi nuclear scientist Khidir Hamza (see July 30, 2002), who fled Iraq in 1994 and now works at the Institute for Science and International Security, puts together a book proposal with his boss, David Albright, that intends to prove Saddam Hussein’s mission to build nuclear weapons had “fizzled.” The book proposal receives no interest, and Albright and Hamza do not write the book. [Middle East Policy Council, 6/2004] Two years later, Hamda will co-author a book asserting that Iraq is aggressively pursuing nuclear weapons (see November 2000).
Joseph Eash. [Source: Department of Defense]A Defense Department official expresses concern about the possibility of an aircraft being used as a weapon to cause massive damage.
At some point during his tenure as commander of the Continental United States NORAD Region (CONR), Major General Larry Arnold briefs Deputy Under Secretary of Defense for Advanced Technology Joseph Eash about proposed cruise missile defense initiatives. Arnold suggests to Eash the scenario of a cruise missile with a weapon of mass destruction being launched into the US. But Eash is concerned about an attack carried out using a plane that takes off within the US. As Arnold will later recount, Eash tells him, “I’m worried about someone taking an airplane off from within the US and using it as a weapon of mass destruction.” Arnold will comment, “I don’t think he envisioned someone hijacking an airliner and crashing it into the World Trade Center, but I think he envisioned a light airplane or business jet that had been stolen, either to drop some chemicals or biological agents, or maybe even to crash it.” [Filson, 2002]
Harold Ray Redfeairn, a member of the white supremacist organization Aryan Nations and a self-styled “Christian Identity” “pastor” (see 1960s and After), tells churchgoers in a sermon: “We are dangerous. Dangerous to the Jews, n_ggers, and anyone else who poses a threat to the white race. What I find especially disturbing is the n_ggers.” This information comes from FBI informant Dave Hall. [Southern Poverty Law Center, 2010]
Khalil Deek, an al-Qaeda operative living in California for most of the 1990s, moves to Peshawar, Pakistan, around this time. Al-Qaeda leader Abu Zubaida is also operating from the same town and is a close associate of Deek. In fact, US intelligence have been investigating the two of them since the late 1980s (see Late 1980s). It appears Deek is under surveillance by this time. The Wall Street Journal will claim, “US intelligence officials had tracked the onetime California resident for years before they had tied him, [in December 1999], to [an] alleged Jordanian plot.” [Wall Street Journal, 3/8/2000] A 2005 book by counterterrorism expert Jean-Charles Brisard will similarly relate that by the spring of 1999, “For several months the Jordanian government, with the help of the American FBI, had been stepping up pressure on [Pakistan] to arrest [Deek].” [Brisard, 2005, pp. 65] Deek lives in a rented villa surrounded by high walls. He runs a small computer school and repair shop. He helps encrypt al-Qaeda’s Internet communications. He exports drums of local honey to the Middle East. Deek and Zubaida apparently use the honey to hide the shipment of drugs and weapons (see May 2000). [Wall Street Journal, 3/8/2000; Orange County Weekly, 6/15/2006] Deek also creates an electronic version of an al-Qaeda terrorist manual known as the Encyclopedia of Afghan Jihad. [9/11 Commission, 7/24/2004] “US authorities say his house near the Afghan border also served as a way station for recruits heading in and out of terrorist training camps in Afghanistan.” [Wall Street Journal, 3/8/2000] Zubaida also screens recruits and directs them to training camps in Afghanistan. Deek and Zubaida share a Peshawar bank account. [Orange County Weekly, 6/15/2006] It appears that Western intelligence agencies are monitoring Zubaida’s phone calls from 1998, if not earlier (see October 1998 and After and (Mid-1996)). Deek will be arrested on December 11, 1999, quickly deported to Jordan, and then released in 2001 (see December 11, 1999). It will later be alleged that Deek was a mole for the Jordanian government all along (see Shortly After December 11, 1999).
Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996 and June 9, 1996), interrupts the first day of his murder trial by asking to meet privately with the judge to demand replacements for his defense lawyers—and perhaps to defend himself—and to protest his brother David Kaczynski’s presence in the courtroom. [Washington Post, 1998] Kaczynski halts the proceedings before the jury enters the courtroom by telling Judge Garland Burrell Jr. that he has a “very important” statement to make about his relationship with his attorneys. “Your honor, before these proceedings begin, I would like to revisit the issue of my relationship with my attorneys,” Kaczynski says. “It’s very important. I haven’t stood because I’m under orders from the marshals not to stand up.” Kacynzski spends four hours in chamber with Burrell and his lawyers. It is believed that Kaczynski is fighting against his lawyers’ attempt to portray him as mentally ill (see November 9, 1997)—a “sickie,” as he has termed it in his journals. At least two mental health experts hired by the defense have found that Kaczynski suffers from the delusions of a paranoid schizophrenic. Kaczynski has refused to be examined by government psychiatrists, and has cut off interviews with his own doctors when they broached the subject of his possible mental illness. As a result, defense attempts to present evidence that Kaczynski is mentally ill have been hampered, and prosecutors have refused to countenance any attempts at a plea bargain that would spare Kaczynski the death penalty (see December 30, 1997). Kaczynski’s brother has been one of the strongest and most impassioned advocates for Kaczynski’s classification as mentally ill, which would spare Kaczynski from execution. Two victims of Kaczynski’s bombs, Charles Epstein (see June 22, 1993) and David Gelernter (see June 24, 1993), disagree; both say that Kaczynski should die for his crimes. Lead prosecutor Robert J. Cleary (see April 11, 1996) demands in court that Burrell “firmly and finally” resolve the disagreements between Kaczynski and his lawyers. Burrell says he is trying, but notes that difficulties prevent him from quickly resolving the dispute: “A criminal proceeding sometimes involves dynamics that a judge has to react to,” he says. [Washington Post, 1/5/1998] Defense counsel Judy Clarke says Kaczynski “simply cannot endure” being portrayed as mentally ill, and notes that he has harbored an abiding fear throughout his life that people will consider him insane. Such resistance to being considered mentally ill is symptomatic of his paranoid schizophrenia, Clarke says. Outside the courthouse, Clarke says that Kaczynski’s request to represent himself “is a tragedy at its worst,” and denies that Kaczynski is attempting to stall the trial. “This is not manipulation. This is not cunning,” she says. “This is not someone trying to avoid legal responsibility.” Anthony Bisceglie, the lawyer for David Kaczynski, says the Kaczynski family believes that allowing him to act as his own attorney would be “to allow him to participate in a federally assisted suicide.” [Washington Post, 1/8/1998] The judge will reject Kaczynski’s demands (see January 7, 1998).
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