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President Bush briefly considers sealing the border between Afghanistan and Pakistan to prevent the escape of Taliban and al-Qaeda leaders, but then decides against it. According to journalist Bob Woodward, a National Security Council (NSC) meeting held on this day is attended by Bush, Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, CIA Director George Tenet, National Security Adviser Condoleezza Rice, and others. Intelligence indicates that about 100 people per day are going from Pakistan to Afghanistan to fight with the Taliban. Woodward will claim, “There was some talk of sealing the border.” But he adds the idea is immediately dismissed: “It seemed an impossible idea, not practical given the hundreds of miles of mountainous and rough terrain, some of the most formidable in the world. There were few roads. Getting from one point to another could only be done on foot, with mules, or on horseback.” [Woodward, 2002, pp. 205] CIA official Michael Scheuer will later comment, “There is no denying that closing that border was a hard job, but if the NSC did not believe that the best military in the world could close the border and trap bin Laden, why did it decide that the task could be safely allotted to the poorly armed and trained and generally anti-US Pakistani forces?” [Scheuer, 2008]
Eric Chatfield, Ph.D., and John R. Kominsky of Chatfield Technical Consulting Limited, frequently contracted by EPA, complete a report analyzing the particulate matter found in two Manhattan apartments. The report was commissioned by the Ground Zero Task Force, whose members include US Congressman Jerrold Nadler as well as numerous state and city officials. The study found “significantly elevated” concentrations of asbestos in dust samples taken from the apartment interiors of the two buildings. The highest asbestos reading from the “low-exposure” building located at 45 Warren St was 316 structures/square mm (s/mm [Chatfield and Kominsky, 10/12/2001 ; Jenkins, 12/3/2001 ; Office of US Congressman Jerrold Nadler, 4/12/2002 ] The EPA will neither comment on, nor take any action with respect to, these findings. [Office of US Congressman Jerrold Nadler, 4/12/2002 ]
Vice President Dick Cheney suggests al-Qaeda could be behind the recent anthrax attacks (see October 5-November 21, 2001). Cheney tells PBS: “We know that [Osama bin Laden] has over the years tried to acquire weapons of mass destruction, both biological and chemical weapons. We know that he’s trained people in his camps in Afghanistan. For example, we have copies of the manuals that they’ve actually used to train people with respect to how to deploy and use these kinds of substances. So, you start to piece it altogether. Again, we have not completed the investigation and maybe it’s coincidence, but I must say I’m a skeptic.” He adds, “I think the only responsible thing for us to do is proceed on the basis that it could be linked.” [BBC, 10/13/2001] A senior FBI official will claim in 2008 that this comment came shortly after the FBI told the White House that the anthrax strain was most likely too technically advanced to have been made by al-Qaeda (see Shortly After October 5, 2001).
Attorney General John Ashcroft encourages federal agencies to deny requests for information under the Freedom of Information Act (FOIA). In a memo to all government departments and agencies, he states, “When you carefully consider FOIA requests and decide to withhold records, in whole or in part, you can be assured that the Department of Justice will defend your decisions.” This is a dramatic shift from the Clinton administration, which instructed federal officials to grant all information requests, using a “presumption of disclosure,” unless there was “foreseeable harm” in doing so. [Washington Post, 12/2/2002; Savage, 2007, pp. 96] The New York Times notes that while the new policy was announced after 9/11, “it had been planned well before the attacks.” [New York Times, 1/3/2003] In 2007, author Charlie Savage will write that Ashcroft turns the Clinton policy of foreseeable harm “on its head.” He will write: “Reviving a Reagan-era policy aimed at undermining the Freedom of Information Act, Ashcroft instructed the government to reject FOIA requests if it was at all possible to do so, under any legal reason for withholding documents—even if the information sought was harmless. And he promised to back up any decision to reject a FOIA request in court. The Ashcroft policy quickly discouraged the release of information to the public because few people were willing to go to the trouble and expense of an inevitable lawsuit.” [Savage, 2007, pp. 96]
Pier 25 on the Hudson River. [Source: Larry Lerner / FEMA]Recovery workers find what appears to be one of the black boxes from Flight 11 or Flight 175—the planes that crashed into the World Trade Center on 9/11—while they are working near Ground Zero, but FBI agents who inspect the object deny that it is one of these devices. [Keegan and Davis, 2006, pp. 94-96] The two black boxes carried by all commercial aircraft—the cockpit voice recorder and the flight data recorder—can provide valuable information about why a plane crashed. Although they are called “black” boxes, they are in fact painted bright orange. [CBS News, 2/25/2002; PBS, 2/17/2004] Since the initial days of the recovery effort at Ground Zero, finding the black boxes from Flight 11 and Flight 175 has been a priority, due to the critical information they might hold. Many posters with photos of a plane’s black boxes have been put up around the WTC site so workers will recognize these devices if they turn up in the debris.
Operating Engineer Thinks He Has Found a Black Box - Today, an operating engineer notices an object that looks like it could be one of the black boxes while he is scraping up a load of debris at Pier 25 on the Hudson River. [Keegan and Davis, 2006, pp. 94] At Pier 25, near Ground Zero, debris from the WTC site is being loaded onto barges and transported to the Fresh Kills landfill on Staten Island. [New York Daily News, 1/6/2002; APWA Reporter, 3/2004] The operating engineer thinks the object is the same shape as a black box. It is too blackened and charred, though, for him to determine if it is painted orange, like a plane’s black boxes are. He stops operations at the pier so he can get the opinion of the crane operator there. The crane operator agrees that the object looks like a plane’s black box and says its discovery should be reported. The operating engineer therefore makes a call to report the find and is put through to Lieutenant Ed Moss of the Port Authority Police Department (PAPD).
Police Officers Think the Unearthed Object Is a Black Box - After the operating engineer tells him about the discovery, Moss heads to Pier 25 with his colleague, Lieutenant Bill Doubrawski. He examines the object and he too thinks it is one of the black boxes. Excitedly, he contacts Lieutenant William Keegan, who is in charge of the PAPD’s nighttime rescue and recovery operation at Ground Zero. Talking over a secure phone line, Moss tells Keegan: “I think we found one of these things. I’m looking at the diagram. I think this is it.” Moss says Doubrawski agrees with his assessment. He describes the object as being “[h]ard as a rock, not orange,” and looking “like it was torched, all blackened.” Keegan says he wants to see the object and heads to Pier 25 to examine it.
Senior Police Officer Agrees with His Colleagues' Assessment - When he arrives there, he compares the object to some photos of a plane’s black boxes and agrees that it appears to be one of these devices. “The object found on the pier was absolutely close enough to the pictures available to us to notify the FBI without delay,” Keegan will later write. The PAPD officers arrange for some FBI agents who are working at Ground Zero to come to the PAPD command post to see the object.
FBI Agents Think the Object Is a Black Box but Then Change Their Minds - Around 20 to 30 minutes later, two FBI agents arrive at the command post. The agents examine the object that has been discovered and compare it to a diagram of a plane’s black box. They then say words to the effect of “Wow, this looks like it” and “It’s the same shape,” according to Keegan. However, after looking at the object for a few more minutes, they apparently change their minds. “We don’t think it’s a black box,” one of them tells the PAPD officers. In response, Keegan asks: “So it’s okay to throw it back on the barge? You’re clearing it?” The other agent quickly replies, “No, no, we’re going to take it with us.” The two FBI agents then leave the command post, taking the object with them. Keegan and his colleagues will subsequently never receive any information from the FBI, regarding whether the object really is one of the black boxes. [Keegan and Davis, 2006, pp. 94-96] The 9/11 Commission Report will state that the black boxes from the planes that crashed into the WTC “were not found.” [9/11 Commission, 7/24/2004, pp. 456] But firefighter Nicholas DeMasi, who works extensively in the wreckage of the WTC, will say he helped federal agents recover three black boxes at Ground Zero (see October 2001). [Swanson, 2003, pp. 108; Philadelphia Daily News, 10/28/2004]
Yassin al-Qadi, a Saudi multimillionaire businessman, was officially declared a terrorist financier in October 2001 (see October 12, 2001). [Arab News, 9/26/2002] That same month, a number of employees at Ptech, a Boston-based computer company that al-Qadi and other individuals suspected of financing officially designated terrorist groups invested in (see 1994), tell the Boston FBI about the connections between Ptech and al-Qadi. However, FBI agents do little more than take their statements. A high-level government source later will claim the FBI does not convey the Ptech-al-Qadi link to Operation Greenquest, a Customs Department investigation into al-Qadi and other suspected financiers, and none of the government agencies using Ptech software are warned about the possible security threat Ptech represents. [Boston Globe, 12/7/2002; WBZ 4 (Boston), 12/9/2002] According to a private counterterrorism expert involved in investigating Ptech at the time, “Frighteningly, when an employee told [Ptech president Oussama Ziade] he felt he had to contact the FBI regarding al-Qadi’s involvement in the company, the president allegedly told him not to worry because Yaqub Mirza, who was on the board of directors of the company and was himself a target of a [Greenquest] terrorist financing raid in March 2002 (see March 20, 2002), had contacts high within the FBI.” [National Review, 5/27/2003] A Ptech investigation will finally begin in 2002 after more whistleblowers come forward (see May-December 5, 2002).
Czech foreign minister Jan Kavan briefs Secretary of State Colin Powell in Washington about the alleged trip 9/11 plotter Mohamed Atta took to the Czech Republic in April 2001 (see April 8, 2001). Kavan tells Powell that the BIS, the Czech intelligence service, has reason to believe that Mohamed Atta may have met near Prague with Iraqi spy Ahmed Khalil Ibrahim Samir al-Ani. [New York Times, 10/20/2001 Sources: Jan Kavan]
An al-Qaeda representative offers to arrange a television interview of Osama bin Laden. There are two versions of how this offer is made. According to CNN, an al-Qaeda contact of the Qatar-based Al Jazeera, with which it has a footage-sharing agreement, invites CNN and Al Jazeera to submit questions to bin Laden. CNN, worried about accusations of improper conduct, contacts the other major US television news stations and tells them it will share any footage that emerges. It also says it will only air the interview as long as it is newsworthy and not “propaganda.” CNN then draws up six questions about al-Qaeda’s role in 9/11 and the recent anthrax attacks in the US. It gives the questions to Al Jazeera, which adds another 25 and sends them to its Kabul bureau, which, in turn, passes them on to its al-Qaeda contact. The ethics of this are hotly debated in the US media, with Fox News publicly refusing to participate. Nevertheless, an Al Jazeera manager will later say: “I assure you they [Fox] contacted me to send more questions of their own. I got calls and emails from them.” Fox will later admit to the contacts, but say it would only have agreed to take part in the event of a regular interview. However, Al Jazeera media relations manager Jihad Ballout will contradict CNN’s account of the offer, saying the two organizations are approached independently, and al-Qaeda eventually chooses Al Jazeera. [Miles, 2005, pp. 175-176, 179-180] The interview will take place on October 20 (see October 20, 2001).
The Observer reports that investigators of the anthrax attacks (see October 5-November 21, 2001) believe Iraq is the prime suspect. One CIA source says, “They aren’t making this stuff in caves in Afghanistan. ‘This is prima facie evidence of the involvement of a state intelligence agency. Maybe Iran has the capability. But it doesn’t look likely politically. That leaves Iraq.” [Observer, 10/14/2001] However, this theory only remains the predominant one for a few days. On October 19, the New York Times is dismissive of the Iraq theory and suggests al-Qaeda or a disgruntled American loner could be behind the attacks instead (see October 19, 2001). In November, the American loner theory will become predominant (see November 10, 2001). But in late 2002, with war against Iraq growing increasingly likely, the Iraq theory appears to make a comeback (see October 28, 2002).
Gloria Irish. [Source: AP / St. Petersburg Times]The FBI confirms that Gloria Irish rented an apartment to two of the 9/11 hijackers. Her husband is Michael Irish, who is an editor of the Sun, a Florida tabloid newspaper, and the first victim of the anthrax attacks earlier this month. Bob Stevens, who also worked at the Sun, and several others at the tabloid offices were injured. The FBI says that Irish rented different apartments in Delray Beach, Florida, to hijackers Marwan Alshehhi and Saeed Alghamdi during the summer of 2001. But one FBI spokesperson says, “Right now it looks like a coincidence,” and another calls it a “strange coincidence.” Two of the hijackers, including Mohamed Atta, also had subscriptions to the Sun. [Knight Ridder, 10/14/2001; Guardian, 10/16/2001] But Irish says “there is no way” the hijackers could have known about any Sun connection through her. [Washington Post, 10/15/2001] Michael Irish is a licensed pilot who was a member of the Civil Air Patrol based at Lantana Airport. Atta reportedly rented a plane at that airport in August (see August 16-19, 2001). Stevens, who died of anthrax on October 5, also lived in Lantana. But there is no evidence that Irish or Stevens crossed paths with Atta. [St. Petersburg Times, 10/15/2001] The story will quickly die after nothing more is found to the connection.
The Bank of Nova Scotia gold vault, located under WTC Building 4, is examined in late October 2001.
[Source: Leslie E. Robertson and Associates]Workers at Ground Zero discover large amounts of gold and other precious metals stored below the ruins of the WTC. As debris is removed they are able to access parts of the 16-acre WTC basement, which drops 70 feet below ground level. Precious metals are stored in numerous vaults within this area. The London Times says the quantity of these “has been a carefully guarded secret,” but estimates $750 million of gold and silver in vaults belonging to the Comex metals trading division of the New York Mercantile Exchange. There appears to have been an attempt, since 9/11, to break into a Comex vault containing $200 million of precious metals belonging to the Bank of Nova Scotia. A government official involved in the recovery work says, “It looked like they used a blowtorch, a crowbar,” but a bank spokeswoman denies there has been any attempted break-in. The banks later states that “All of the silver, gold, platinum, and palladium stored in its vaults at 4 World Trade Center” has been relocated to a depository in Brooklyn. Other gold is discovered in a service tunnel below WTC 5. According to the London Times, this was being transported through the tunnel on the morning of 9/11 (see (Before 9:59 a.m.) September 11, 2001). [New York Daily News, 10/31/2001; London Times, 11/1/2001; New York Times, 11/1/2001; Reuters, 11/17/2001]
At a press conference in Italy, President Bush says “there may be some possible link” between the recent anthrax attacks (see October 5-November 21, 2001) and al-Qaeda. He adds: “We have no hard data yet, but it’s clear that [Osama] bin Laden is a man who’s an evil man. He and his spokesmen are openly bragging about how they hope to inflict more pain on our country. So we’re watching every piece of evidence.” [CNN, 10/15/2001] A senior FBI official will claim in 2008 that this comment came shortly after the FBI told the White House that the anthrax strain was most likely too technically advanced to have been made by al-Qaeda (see Shortly After October 5, 2001).
The envelope to the Tom Daschle letter. [Source: FBI]Two Democratic senators are targets of the 2001 anthrax attacks (see October 5-November 21, 2001). On this day, Senator Tom Daschle’s office opens a letter mailed October 9, containing a lethal dose of anthrax (see October 6-9, 2001). A similar letter to Senator Patrick Leahy mailed the same day and from the same location is misrouted to Virginia on October 12, and is not discovered until November 17. Neither Leahy nor Daschle come into contact with the anthrax, but some of Daschle’s staffers do. [South Florida Sun-Sentinel, 12/8/2001]
Days after National Security Adviser Condoleezza Rice persuaded the five major American news broadcasters to self-censor their coverage of statements issued by Osama bin Laden and other terror suspects (see October 11, 2001), Rice is publicly asked if the government believes, as she then asserted, that bin Laden and others might be using those statements as ways to convey coded messages to “sleeper” agents inside the US. Rice acknowledges that the government is busily analyzing those statements for any such coded messages. Of her request that the networks censor their coverage of bin Laden, Rice says: “The point to the networks—and let me just say that I think the networks have been very responsible in the way that they have dealt with this—my message to them was that it’s not to me to judge news value of something like this, but it is to say that there’s a national security concern about an unedited, 15 or 20-minute spew of anti-American hatred that ends in a call to go out and kill Americans. And I think that that was fully understood.” She cannot verify that any coded messages have yet been discovered, saying, “We are still concerned about whether there might be some signaling in here, but I don’t have anything more for you on that yet.” [White House, 10/15/2001]
Italy’s military intelligence service (SISMI) provides Jeff Castelli, the CIA station chief in Rome, with papers documenting an alleged uranium deal between Iraq and Niger. Castelli, who is not permitted to duplicate the papers, writes a summary of them and sends the report to Langley. [New Yorker, 10/27/2003; Knight Ridder, 11/4/2005; La Repubblica (Rome), 11/11/2005]
The allegations - The report includes four allegations:
The report states that Iraq first communicated its interest in purchasing uranium from Niger at least as early as 1999. [US Congress, 7/7/2004] As blogger ERiposte will conclude through his analysis at TheLeftCoaster.Org [ERiposte, 10/31/2005] , none of the documents that are later provided to the US as the basis for this allegation include actual proof of uranium negotiations in 1999. Two of the source documents for this allegation do mention a 1999 visit by Wissam Al-Zahawi to Niger; however, no evidence has ever surfaced suggesting that there were any discussions about uranium during that visit (see February 1999). The first document (possibly authentic) is a letter, dated February 1, 1999, from the Niger embassy in Rome to Adamou Chekou, the Minister of Foreign Affairs in Niger, announcing Zahawie’s trip. It does not mention uranium. (Note that the SISMI report does not mention Al-Zahawi’s trip, it only states that uranium negotiations between the two countries began by at least 1999.) The second document is a letter dated July 30, 1999 from the Niger Ministry of Foreign Affairs to his ambassador in Rome requesting that he contact Zahawie, concerning an agreement signed June 28, 2000 to sell uranium to Iraq. The letter is an obvious forgery because it refers to an event that it describes as taking place 11 months later. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003]
The SISMI report states that in “late 2000,” the State Court of Niger approved an agreement with Iraq whereby Niger would sell Iraq a large quantity of uranium. This allegation appears to be based on a forged document titled “Annex 1,” which was possibly an annex to the alleged uranium agreement. It is evident that this document was forged because it says that the state court “met in the chamber of the council in the palace… on Wednesday, July 7, 2000.” But July 7, 2000 was, in fact, a Friday, not a Wednesday. One of SISMI’s reports to the US, possibly this one, actually reproduces this error. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003; ERiposte, 10/31/2005]
According to the report, Nigerien President Mamadou Tandja approved the agreement and communicated this decision to Iraqi President Saddam Hussein. The source for this is apparently a forged letter from the president of Niger to Saddam Hussein, in which the president refers to his authority under the country’s obsolete 1966 constitution. At the time the letter was presumed to have been written, the constitution in effect would have been that of December 26, 1992, which was subsequently revised by national referendum on May 12, 1996 and again by referendum on July 18, 1999. [Unknown, n.d.; Reuters, 3/26/2003; La Repubblica (Rome), 7/16/2003; US Department of State, 9/2005]
The report also alleges that in October 2000, Nigerien Minister of Foreign Affairs Nassirou Sabo informed one of his ambassadors in Europe that Niger had agreed to provide several tons of uranium to Iraq. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003] This is seemingly based on a forged letter that accompanied the alleged uranium sales agreement. The letter, dated October 10, 2000, is stamped as being received in Rome on September 28, 2000—nearly two weeks before the letter was presumably written. Furthermore, there is a problem with the signature. Unlike what is reported in the SISMI papers provided to the CIA, the actual letter is signed by Allele Elhadj Habibou, who left office in 1989. This indicates that someone must have corrected this information, replacing the name of Allele Elhadj Habibou with that of Nassirou Sabo (the minister in October 2000), before the letter was included in this report. [ERiposte, 10/31/2005]
Distribution within US Intelligence Community - After receiving the report from its Rome station, the CIA distributes it to other US intelligence agencies. According to a later Senate investigation, the “CIA, Defense Intelligence Agency (DIA), and Department of Energy (DOE) analysts considered the reporting to be ‘possible’ while the Department of State’s Bureau of Intelligence and Research (INR) regarded the report as ‘highly suspect,’ primarily because INR analysts did not believe that Niger would be likely to engage in such a transaction and did not believe Niger would be able to transfer uranium to Iraq because a French consortium maintained control of the Nigerien uranium industry.” [US Congress, 7/7/2004] Sources later interviewed by New Yorker’s Seymour Hersh portray US intelligence analysts’ assessment of the report in slightly harsher terms, saying that they “dismissed [it] as amateurish and unsubstantiated.” [New Yorker, 10/27/2003] “I can fully believe that SISMI would put out a piece of intelligence like that,” a CIA consultant later tells Hersh, “but why anybody would put credibility in it is beyond me.” [New Yorker, 5/17/2004, pp. 227] Langley asks for further clarification from Rome and receives a response three days later (see October 18, 2001). [La Repubblica (Rome), 11/11/2005]
Repeated Dissemination - The documents and reports based on the documents are sent to the CIA at least three separate times. They are also sent to the White House, the US embassy in Rome, British and French intelligence, and Italian journalist Elisabetta Burba of the news magazine Panorama. Each recipient in turn shares the documents, or their contents, with others, creating what author Craig Unger later calls “an echo chamber that gives the illusion that several independent sources had corroborated an Iraq-Niger uranium deal.” [Unger, 2007, pp. 237]
Entity Tags: Bureau of Intelligence and Research, Central Intelligence Agency, Craig Unger, Defense Intelligence Agency, Mamadou Tandja, SISMI, Elisabetta Burba, Nassirou Sabo, Wissam al-Zahawie, Saddam Hussein, Jeff Castelli, US Department of Energy
Timeline Tags: Niger Uranium and Plame Outing
Mohamed Kamel Bellahouel is arrested and held for five months after investigators discover he worked at a restaurant where Mohamed Atta and Marwan Alshehhi sometimes ate lunch in South Florida. In a sworn statement, Michael Rolince, head of the FBI’s International Terrorism Operations Section, says, “It is likely that Bellahouel would have waited on both Atta and Alshehhi since Bellahouel had worked at the restaurant for 10 months, and both Atta and Alshehhi were frequent patrons during shifts that Bellahouel worked.” Rolince also alleges Bellahouel may have waited on a third hijacker, Saeed Alghamdi, and says that a cinema employee claims Bellahouel saw a film with a fourth hijacker, Ahmed Alnami. However, Bellahouel, who denies going to the cinema with Alnami, has trouble gaining access to the evidence used against him. His attorney comments, “They won’t call it secret evidence and they won’t call it classified, but they won’t give it to you, either.” He is held in prison without bond and without charge from October 15, 2001 to March 1, 2002. After he is released, US authorities attempt to deport him, as he entered the US as a student, but then dropped out of college and started work, marrying a US citizen in June 2001. His attorney says the problem is that he is a Muslim. “If he were a Catholic coming from Venezuela or Colombia, they would have let him adjust his immigration status.” Bellahouel sues the government over his incarceration, but the case is shrouded in secrecy and the press only learns the case is ongoing due to a court error. [Miami Daily Business Review, 3/14/2003] For example, a journalist, who does not event know Bellahouel’s name, attempts to attend a hearing in March 2003. But the court is closed. After some effort, the reporter finally finds the name in the electronic docket. When he tells a court official Bellahouel’s name is on the docket, the official replies, “Is it? We’ll have to fix that, too,” and the name disappears. [Reporters Committee for Freedom of the Press, 12/2004] In February 2004 the Supreme Court declines an appeal from Bellahouel to have an open hearing, and media organizations are prevented from accessing sealed court proceedings. [New York Times, 1/5/2004; CNN, 2/23/2004]
Rich Regis, a Wall Street Journal editor, undergoes treatment for “kidney failure, a perforated colon and sepsis, a generalized infection of the body.” His doctors say that his ailments may have been caused by something he “inhaled or ingested” when he was caught in the debris storm caused by the collapse of the WTC. [New York Daily News, 10/25/2001]
The envelope to the New York Post anthrax letter. [Source: FBI]The 2006 book Hubris by Michael Isikoff and David Corn will reveal that, at some point in October 2001, “[Counterterrorism “tsar” Wayne] Downing, [Deputy Defense Secretary Paul] Wolfowitz, and other proponents of a war with Iraq thought they had yet more ammunition for the case against Saddam” Hussein in the form of the anthrax attacks (see October 5-November 21, 2001). Author Laurie Mylroie, who had long suggested Iraq was behind numerous terrorist attacks against the US and whose ideas are influential with Wolfowitz and other Bush administration officials (see October 2000 and Late July or Early August 2001), quickly asserts that Iraq is behind the anthrax attacks as well. “An early forensic test of the anthrax letters (which was later disputed) appeared to show that the anthrax spores were highly refined and ‘weaponized.’ To the Iraq hawks, the news was electric. ‘This is definitely Saddam!’ Downing shouted to several White House aides. One of these aides later recalled overhearing Downing excitedly sharing the news over the phone with Wolfowitz and [Douglas] Feith. ‘I had the feeling they were high-five-ing each other,’ the White House official said.” [Isikoff and Corn, 2006]
Not long after people start dying from the anthrax attacks in October 2001 (see October 5-November 21, 2001), future suspect Bruce Ivins works with the FBI team investigating the attacks. Ivins works at USAMRIID, the US Army’s top bioweapons laboratory. He and about 90 USAMRIID colleagues work long hours to test thousands of samples of suspect powder to see if they contain real anthrax. [New York Times, 8/7/2008; Wall Street Journal, 8/7/2008] There are about 100 people in USAMRIID’s bacteriological division, including technicians and assistants. [New York Times, 8/9/2008] Within days of the attacks being discovered, there are about six people crowded at Ivins’s desk working on the anthrax, and other desks at USAMRIID are similarly crowded. Ivins helps analyze one of the letters containing real anthrax, the one sent to Senator Tom Daschle (D-SD), and goes to the Pentagon to discuss the results of his testing with officials there. Court documents will later claim that Ivins also repeatedly offers the FBI names of colleagues at USAMRIID who might be potential suspects in the attacks. The FBI will later claim he was attempting to mislead the investigation. [New York Times, 8/7/2008; Wall Street Journal, 8/7/2008]
The government releases flight control transcripts of three of the four hijacked planes [New York Times, 10/16/2001; New York Times, 10/16/2001; New York Times, 10/16/2001] ) . Strangely, Flight 93 is left out. Yet even the three released transcripts are incomplete (for instance, Flight 77’s ends at least 20 minutes before it crashes), and certain events that are part of the official story do not show up on these transcripts.
Two men, Moshe Elmakias and Ron Katar, are arrested in rural Pennsylvania after being found with a detailed video of the Sears Tower in Chicago. In addition, a woman named Ayelet Reisler is found with them, carrying conflicting identification information. They are arrested for illegal dumping, using a van with the name Moving Systems Incorporated. The video contains extensive zoom in shots of the Sears Tower; it is not known when the video was filmed. [Mercury (Philadelphia), 10/17/2001]
Brent Scowcroft, the head of the Foreign Intelligence Advisory Board and a close adviser and friend of former President George H. W. Bush, is becoming increasingly marginalized in the current administration. Realizing he has little real influence in the White House, he goes public with his measured objections to a US invasion of Iraq by publishing an editorial in the Washington Post entitled “Build a Coalition.” Scowcroft reflects on the decision not to invade Baghdad in the 1991 Gulf War (see September 1998), and writes that if the US had then overthrown Saddam Hussein, “Our Arab allies… would have deserted us, creating an atmosphere of hostility to the United States [that] might have well spawned scores of Osama bin Ladens. [We] already hear voices declaring that the United States is too focused on a multilateral approach. The United States knows what needs to be done, these voices say, and we should just go ahead and do it. Coalition partners just tie our hands, and they all will exact a price for their support. Those are the same siren songs of delusion and defeat that we heard in 1990. We can no more succeed in our present campaign by acting unilaterally than we could have in 1990.” If the “war on terror” is to succeed, he writes, it will have to be “even more dependent on coalition-building than was the Gulf War.” Scowcroft finally understands, author Craig Unger will observe, that the neoconservatives are using 9/11 as an excuse to invade Iraq. “He knew they were going to try to manipulate the president into thinking there was unfinished business” in Iraq, an administration official will recall in 2007. “For [Scowcroft] to say something publicly was a watershed. This was where the roads diverged.” [Washington Post, 10/16/2001; Unger, 2007, pp. 228]
House Majority Leader Tom DeLay (R-TX) takes to the floor of the House to praise conservative talk show host Rush Limbaugh. In his “Tribute to Rush Limbaugh,” DeLay says of Limbaugh’s role in the Republican’s capture of the House in 1994, “[He] did not take his direction from us, he was the standard by which we ran. [He] was setting the standard for conservative thought.” [Jamieson and Cappella, 2008, pp. 46]
Nicolo Pollari, the newly appointed head of Italy’s intelligence agency SISMI, visits his counterparts at CIA headquarters in Langley, Virginia. Italian Prime Minister Silvio Berlusconi has pressured Pollari to give the US any information he has that would be useful for the US case for war with Iraq. As such, Pollari gives the CIA a dossier concerning the supposed uranium deal between Iraq and Niger, not the first time the CIA has received these documents (see October 15, 2001 and October 18, 2001). The actual forged documents are not in Pollari’s dossier. Although CIA analysts will call the report “very limited and lacking necessary detail,” the fact that Pollari himself delivers the dossier adds credibility to the information; as a result, the State Department will direct the US embassy in Niger to look into the allegations. [Unger, 2007, pp. 229]
The commander of US Central Command (CENTCOM), which encompasses the area of Afghanistan, issues an order instructing that the Geneva Conventions are to be applied to all captured individuals. [Wallach, 9/29/2004]
Vice President Cheney chairs a National Security Council meeting because President Bush is overseas. According to journalist Bob Woodward, who later interviews many participants in the meeting, the topic of the recent anthrax attacks is discussed (see October 5-November 21, 2001). CIA Director George Tenet suggests that al-Qaeda is behind the attacks. He also adds, “I think there’s a state sponsor involved. It’s too well thought out, the powder’s too well refined. It might be Iraq, it might be Russia, it might be a renegade scientist,” perhaps from Iraq or Russia. Vice President Cheney’s chief of staff I. Lewis Libby also suggests the anthrax attacks were state sponsored. “We’ve got to be careful on what we say. If we say it’s al-Qaeda, a state sponsor may feel safe and then hit us thinking they will have a bye because we’ll blame it on al-Qaeda.” Tenet replies, “I’m not going to talk about a state sponsor.” Vice President Cheney comments, “It’s good that we don’t, because we’re not ready to do anything about it.” [Woodward, 2002, pp. 244] No strong evidence will emerge tying the attacks to al-Qaeda or any state sponsor. The anthrax attacks still remain completely unsolved.
Gen. Richard Myers, acting Joint Chiefs of Staff Chairman on 9/11, says of 9/11, “You hate to admit it, but we hadn’t thought about this.” He was promoted from Vice-Chairman to Chairman three days after 9/11. [American Forces Press Service, 10/23/2001]
Deputy Defense Secretary Paul Wolfowitz issues a memorandum to senior officials throughout the Defense Department stating that, following President Bush’s declaration of a national emergency on September 14, Defense Department employees should exercise great caution whenever discussing information relating to their department’s work. The memo instructs: “Do not conduct any work-related conversations in common areas, public places, while commuting, or over unsecured electronic circuits. Classified information may be discussed only in authorized spaces and with persons having a specific need to know and the proper security clearance. Unclassified information may likewise require protection because it can often be compiled to reveal sensitive conclusions. Much of the information we use to conduct [the department]‘s operations must be withheld from public release because of its sensitivity. If in doubt, do not release or discuss official information except with other [Defense Department] personnel.” According to the memo, “the security of information critical to the national security will remain at risk for an indefinite period.” [US Department of Defense, 10/18/2001; Washington Times, 10/23/2001]
On October 18, 2001, an alarm in the White House situation room allegedly goes off, indicating that sensors have detected dangerous levels of WMD agents. Vice President Cheney and others in the situation room at the time are said to believe that they have been exposed. Due to the recent anthrax attacks, Cheney allegedly is convinced that he has been subjected to a lethal dose of anthrax. This is according to the 2008 book The Dark Side by journalist Jane Mayer. An anonymous former administration officer will tell Mayer, “They thought Cheney was already lethally infected.” However, it is soon discovered that the sensors had malfunctioned and there was no danger. But Mayer will claim that the incident contributed to Cheney’s paranoia and his desire to use hard-line tactics such as torture in combating terrorism. Mayer will say that, after the incident, “a sense of constant danger followed Cheney everywhere.” When he is not in one of his several “undisclosed locations” (usually underground bunkers), he travels with a doctor and a bag containing a gas mask and biochemical survival suit. [ABC News, 7/14/2008]
The Canadian government overrides Bayer’s patent for the anthrax antibiotic Cipro and orders a million tablets of a generic version from another company. The US government says it is not considering a similar move. Patent lawyers and politicians state that adjusting Bayer’s patent to allow other companies to produce Cipro is perfectly legal and necessary. [New York Times, 10/19/2001] The New York Times notes that the White House seems “so avidly to be siding with the rights of drug companies to make profits rather than with consumers worried about their access to the antibiotic Cipro,” and points out huge recent contributions by Bayer to Republicans. [New York Times, 10/21/2001]
Nicolo Pollari, chief of Italy’s military intelligence service (SISMI—see (After October 18, 2001) and September 9, 2002), responds to the CIA’s request for clarification on the alleged uranium deal between Iraq and Niger (see October 15, 2001). Pollari’s page and a half letter explains that “the information comes form a creditable source, La Signora [Laura Montini],” who has in the past “given SISMI the cryptographic codes and memorandum ledgers from the Niger Embassy.” [La Repubblica (Rome), 11/11/2005] Some time around this same date, according to La Repubblica, Pollari discusses the issue with Italy’s Minister of Defense, Antonio Martino (no relation to Rocco Martino, the document peddler—see March 2000, Late June 2002, Afternoon October 7, 2002, and Summer 2004). Martino tells Pollari to expect a visit from “an old friend of Italy,” Martino’s longtime friend and colleague Michael Ledeen (see (After October 18, 2001) and April 3, 2005). Ledeen will later deny that any such meeting with Pollari ever happened. Pollari will deny any involvement with the Iraq-Niger affair. [Unger, 2007, pp. 235-236]
Senator John McCain (R-AZ) appears on the Late Show with David Letterman. Asked on how the recent US invasion of Afghanistan is progressing, McCain says, “I think we’re doing fine… The second phase… the second phase is Iraq. There is some indication, and I don’t have the conclusions, but some of this anthrax may—and I emphasize may—have come from Iraq.… If that should be the case, that’s when some tough decisions are gonna have to be made.” [Think Progress, 8/1/2008]
NSA Director Michael Hayden responds to an October 11 letter from Representative Nancy Pelosi (see October 11, 2001), expressing concerns about the NSA’s post-9/11 surveillance expansion (see After September 11, 2001) that Hayden outlined for the House Intelligence Committee on October 1 (see October 1, 2001), and asking whether the president authorized it. The substance of Hayden’s October 18 reply will be redacted, except for this statement: “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” [Nancy Pelosi, 1/6/2006] A January 4, 2006 report in the Washington Post will cite “intelligence official close to Hayden” as saying that “[Hayden’s] appearance on Oct. 1, 2001, before the House committee had been to discuss Executive Order 12333, and not the new NSA program,” and that “Pelosi’s concerns had been answered in writing and again several weeks later during a private briefing.” [Washington Post, 1/4/2006] In a January 23, 2006 public briefing, Hayden will say, “September 2001, I asked to update the Congress on what NSA had been doing, and I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities,” and, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” [Michael Hayden, 1/23/2006]
Nature of Hayden's EO 12333 Surveillance Program - The full scope of Hayden’s surveillance program is unclear, but some sources indicate it includes the wholesale collection and data-mining of phone records provided by telecom companies and placement of pen registers (call trackers) on domestic phone numbers (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, October 2001), and October 31, 2001). Some sources indicate the NSA began large-scale domestic surveillance activities prior to the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).
David Iglesias. [Source: Troy Pages / Truthout]David Iglesias is sworn in as the US Attorney for New Mexico. He is the first Hispanic US Attorney for the state. He is a former JAG (judge advocate general) officer for the US Navy, and his defense of two Marines accused of assaulting a fellow officer later became the inspiration for the movie A Few Good Men. [CBS News, 2007; Talking Points Memo, 2011] Iglesias will later point out that the main character in the movie, a crusading JAG officer played by Tom Cruise, “was based on a composite of the three of us JAGs assigned to the case.” [Iglesias and Seay, 5/2008, pp. 31] Iglesias served in the US Navy’s Judge Advocate General Corps (JAG) from 1984 through 1988, and continues to serve as a Navy JAG officer in the Naval Reserves. He spent three years as an assistant in the New Mexico Attorney General’s office, then became Assistant City Attorney in Albuquerque from 1991 through 1994. He served in a variety of federal and state legal positions until 2001, when he entered private practice. He ran unsuccessfully as the Republican candidate for New Mexico’s attorney general in 1998, and received the active support of Senator Pete Domenici (R-NM). Iglesias will tell the Justice Department that he considered Domenici his mentor and someone who might lend assistance if he continued to pursue a political career. Iglesias joined Heather Wilson (R-NM) at campaign events in 1998, when Wilson won a seat in the House of Representatives. In 2000, Iglesias headed a New Mexico group called “Lawyers for Bush.” After the election, Iglesias submitted his name for the US Attorney position for New Mexico, and again received Domenici’s support for the job. In 2004, Iglesias will be asked by the White House to become the director of the Executive Office of US Attorneys, and later an assistant secretary in the Department of Homeland Security. Iglesias will turn down these offers. He will also be considered for US Attorney positions in New York and Washington, DC. There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. [US Department of Justice, Office of the Inspector General, 9/29/2008]
Chase Brandon. [Source: Daily Mail]An episode of the CBS drama series, The Agency, about a planned terrorist attack in the United States using anthrax was scheduled to be broadcast on this day, but is postponed in response to the actual anthrax attacks taking place in the US. [Variety, 10/16/2001; Associated Press, 10/17/2001; People, 11/6/2001] The Agency shows the CIA tackling problems of national security, taking on villains such as Arab terrorists and Colombian drug dealers. [Guardian, 9/6/2001; Guardian, 10/5/2001]
German Terrorist Plans to Attack Washington with Anthrax - The episode, titled “A Slight Case of Anthrax,” which was filmed in August, features a German man who is planning to attack Washington, DC, using anthrax sprayed from a crop duster plane. The man has acquired the same anthrax that the US government developed and sold to Iraq when it was an ally. The CIA discovers that he was behind an anthrax attack in Belgium, and Washington is his next intended target. CIA agents then scramble to stop the terrorist before he can reach the capital. [St. Petersburg Times, 10/29/2001; E! Online, 11/2/2001; People, 11/6/2001; Jenkins, 2012, pp. 68] Al-Qaeda was originally going to be responsible for the anthrax attacks in the storyline, according to Michael Frost Beckner, who wrote the episode. However, CBS said: “This al-Qaeda thing, you’ve got to get off that. No one is interested. Trust us.” The episode was consequently redrafted so that it featured “Iraqis making an anthrax attack through German terrorist proxies.” [Hollywood, Health and Society, 4/2/2002 ]
Episode Canceled due to Actual Anthrax Attacks - The US is currently in the middle of a series of terrorist attacks using anthrax (see October 5-November 21, 2001). [South Florida Sun-Sentinel, 12/8/2001] Anthrax has been discovered in three states and the District of Columbia in the past two weeks. At least 13 people either have anthrax or were exposed to its spores, and one person has died. The episode of The Agency about anthrax attacks is therefore canceled and is replaced with another episode of the show. CBS spokesman Chris Ender explains, “We certainly don’t want to do anything to add to the country’s fears about anthrax.” [E! Online, 10/16/2001; Associated Press, 10/17/2001] “A Slight Case of Anthrax” was in fact going to be broadcast a week ago, on October 11, but had to be rescheduled because President Bush decided to hold a prime-time news conference that evening. [Variety, 10/16/2001; Associated Press, 10/17/2001]
Storyline Was Suggested by CIA Liaison - Gail Katz, one of the show’s executive producers, will later suggest why the storyline about anthrax so closely resembles real-world events, commenting: “This is a series which is dealing with reality. It has to deal with threats like this that concern us.” [E! Online, 11/2/2001] Bazzel Baz, a former CIA operative who is a technical adviser for The Agency, will say, “We know how the CIA works, so if we write a script about anthrax or about a bomb or about an assassination or about bin Laden, it’s probably going to happen.” [CNN, 10/30/2001] Tracey Rabb, the show’s publicist, will comment, “[Y]ou really can’t do a serious drama about the CIA without colliding with topical events.” [People, 11/6/2001] However, Beckner will reveal that the storyline for “A Slight Case of Anthrax” was suggested to him by Chase Brandon, the CIA’s entertainment liaison officer. Author Tricia Jenkins will note that this means it “originated from the CIA.” [Jenkins, 2012, pp. 66] The CIA has in fact cooperated extensively with the producers of The Agency, such as by reviewing the show’s scripts. [New York Times, 8/26/2001]
Episode Airs in November - “A Slight Case of Anthrax” will finally be broadcast on November 8. [E! Online, 11/2/2001; People, 11/6/2001] The pilot episode of The Agency, which features a storyline in which Osama bin Laden’s al-Qaeda terrorist group plots to blow up a department store in London, was also canceled and will be broadcast on November 1 (see September 27, 2001). [New York Times, 9/29/2001; South Florida Sun Sentinel, 10/25/2001; Hollywood, Health and Society, 4/2/2002 ]
The Boston Globe reports that the FDA is considering the validity of the pharmaceutical industry’s argument that the agency’s regulation of drug advertisements violates manufacturers’ “free speech” rights. The inquiry is being led by FDA Chief Counsel Daniel E. Troy, who represented drug companies before being appointed to the FDA position in August 2001 (see August 2001). [Boston Globe, 10/19/2002]
US Special Forces being paradropped into Afghanistan. The date and exact location is unknown. [Source: PBS]US Special Forces ground forces arrive in Afghanistan. [MSNBC, 11/2001] However, during the Afghanistan war, special forces soldiers are mainly employed in small numbers as observers, liaisons, and spotters for air power to assist the Northern Alliance—not as direct combatants. [Christian Science Monitor, 3/4/2002] The first significant special forces operation on October 20 will be a near disaster, leaving military commanders increasingly reluctant to use US troops directly in battle (see October 20, 2001). [Christian Science Monitor, 3/4/2002] Counterterrorism “tsar” Richard Clarke will suggest in 2004 that the Bush administration did not commit more ground forces to Afghanistan because it wanted to have enough troops available to stage a large offensive against Iraq. “I can’t prove this, but I believe they didn’t want to put in a lot of regular infantry because they wanted to hold it in reserve,” Richard Clarke explains. “And the issue is the infantry. A rational military planner who was told to stabilize Afghanistan after the Taliban was gone, and who was not told that we might soon be doing Iraq, would probably have put in three times the number of infantry, plus all the logistics support ‘tail.’ He would have put in more civil-affairs units, too. Based on everything I heard at the time, I believe I can make a good guess that the plan for Afghanistan was affected by a predisposition to go into Iraq. The result of that is that they didn’t have enough people to go in and stabilize the country, nor enough people to make sure these guys didn’t get out.” The first regular US combat troops will be deployed in late November and play a more limited role. [Atlantic Monthly, 10/2004]
The New York Environmental Law and Justice Project obtains internal EPA documents containing data that the agency did not include in the monitoring results it posted on its website on October 3 (see October 3, 2001). The documents, which include hundreds of pages of daily monitoring reports, reveal that “[d]ioxins, PCBs, benzene, lead and chromium are among the toxic substances detected in the air and soil around the WTC site by Environmental Protection Agency [monitoring] equipment—sometimes at levels far exceeding federal levels.” For example, one test indicated water being discharged into the Hudson River contained chromium, copper, lead and zinc at levels “elevated to several orders of magnitude above ambient water-quality criteria for most metals.” Also included is disturbing data about the air quality. “On numerous days, sulfur dioxide readings in the air at a half-dozen sites in Lower Manhattan have been far higher than the EPA’s ambient air quality standards,” one document reveals. [New York Daily News, 10/26/2001; Thomas Crosbie Media, 10/26/2001; Associated Press, 10/27/2001; Kupferman, 2003 ]
Former US soldier and UN weapons inspector Scott Ritter decries efforts to blame the recent anthrax attacks (see October 5-November 21, 2001) on the Iraqi government. Ritter was a UN weapons inspector in Iraq until 1998, when inspections stopped. He points out that during these inspections, Iraq’s biological weapons programs were completely dismantled. For instance, al Hakum, Iraq’s biological weapons production facility where all its anthrax was produced, was blown up and all its equipment was destroyed (see 1998). He also says that when Iraq did have an anthrax program, it exclusively used the Vollum strain of anthrax, whereas evidence already points to the likelihood that the anthrax attacks used the US-based Ames strain. Ritter concludes: “Those who have suggested that Iraq is the source of the anthrax used in the current attacks—including Richard Butler, a former chairman of the UN weapons inspection effort—merely fan the flames of fear and panic. There is no verifiable link whatever and it is irresponsible for someone of Mr Butler’s stature to be involved in unsubstantiated speculation.” [Guardian, 10/19/2001]
The contents of the anthrax letter to the New York Post. [Source: FBI]The New York Times suggests there could be a link between the recent anthrax attacks (see October 5-November 21, 2001) and the 9/11 hijackers. The Times reports that investigators “say they suspect that the rash of contaminated letters is related to the Sept. 11 attacks and are investigating the possibility that al-Qaeda confederates of the hijackers are behind the incidents.… Senior government officials said investigators were focusing on the ability of the hijackers or their accomplices to obtain highly refined anthrax from a foreign or domestic supplier. While they have not ruled out the possibility that another criminal could be behind the anthrax attacks, investigators are looking intensely at evidentiary threads linking the letters to the hijackers.”
Little to No Evidence behind this Theory - FBI agents are said to have recently searched the Jersey City home of three men arrested on suspicion of links to the 9/11 attacks after learning they kept some magazines and newspaper articles about biological warfare there. These men include Ayub Ali Khan and Mohammed Azmath. Both men will later be cleared of having any al-Qaeda ties (see October 20, 2001). The hijackers did show some interest in crop dusters, which could be used in a biological attack, but a senior government official says no actual evidence has appeared linking any of the hijackers to the anthrax attacks in any way.
Domestic Loner Theory - The article notes that the FBI is also pursuing a competing theory, “that a disgruntled employee of a domestic laboratory that uses anthrax carried out the attacks.” However, no evidence has emerged yet to support this.
Iraq Not Likely - The article is dismissive of theories that Iraq or another foreign government was behind the attacks. It notes that the anthrax letters used the Ames strain of anthrax, and experts say the Iraqi government never obtained that strain. For instance, former UN weapons inspector Richard Spertzel says, “The Iraqis tried to get it but didn’t succeed.” [New York Times, 10/19/2001]
Nicolo Pollari. [Source: Agence France-Presse]Nicolo Pollari, chief of Italian intelligence (SISMI), is reportedly disappointed with his attempts to communicate with US intelligence. (It is not clear from the reporting what exactly Pollari is dissappointed about. It has been interpreted to have meant that Pollari is disappointed about US intelligence’s refusal to take SISMI’s October 15 report seriously) Prime Minister Silvio Berlusconi had reportedly asked Pollari to establish closer relations with Washington (see Shortly after September 11, 2001). According to La Repubblica, the prime minister’s diplomatic advisor, Gianni Castellaneta, advises Pollari to look in “other directions.” The Italian minister of defense, Antonio Martino, invites Pollari to meet with American neoconservative Michael Ledeen, which he does in December (see December 9, 2001). [La Repubblica (Rome), 10/25/2005]
Mohammed Azmath, left, and Syed Gul Mohammad Shah/ Ayub Ali Khan, right. [Source: Associated Press]The New York Times reports that, although 830 people have been arrested in the 9/11 terrorism investigation (a number that eventually exceeds between 1,200 and 2,000 (see November 5, 2001), there is no evidence that anyone now in custody was a conspirator in the 9/11 attacks. Furthermore, “none of the nearly 100 people still being sought by the [FBI] is seen as a major suspect.” Of all the people arrested, only four, Zacarias Moussaoui, Ayub Ali Khan, Mohammed Azmath, and Nabil al-Marabh, are likely connected to al-Qaeda. [New York Times, 10/21/2001] Three of those are later cleared of ties to al-Qaeda. After being kept in solitary confinement for more than eight months without seeing a judge or being assigned a lawyer, al-Marabh pleads guilty to the minor charge of entering the United States illegally (see September 3, 2002) and is deported to Syria (see January 2004). There is considerable evidence al-Marabh did have ties to al-Qaeda and even the 9/11 plot (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). [Washington Post, 6/12/2002; Canadian Broadcasting Corporation, 8/27/2002] On September 12, 2002, after a year in solitary confinement and four months before he was able to contact a lawyer, Mohammed Azmath pleads guilty to one count of credit card fraud, and is released with time served. Ayub Ali Khan, whose real name is apparently Syed Gul Mohammad Shah, is given a longer sentence for credit card fraud, but is released and deported by the end of 2002. [Village Voice, 9/25/2002; New York Times, 12/31/2002] By December 2002, only 6 are known to still be in custody, and none have been charged with any terrorist acts (see December 11, 2002). On September 24, 2001, Newsweek reported that “the FBI has privately estimated that more than 1,000 individuals—most of them foreign nationals—with suspected terrorist ties are currently living in the United States.” [Newsweek, 10/1/2001]
Osama bin Laden admits “inciting” the 9/11 attacks in a controversial interview by the Qatar-based Al Jazeera TV station. The interview is conducted by Tayseer Allouni, Al Jazeera’s Kabul correspondent. Allouni had discussed a possible interview of bin Laden with al-Qaeda about a week previously (see Mid-October 2001), but nothing further had been said and Allouni assumed the interview would not be conducted.
Taken Blindfolded to Bin Laden - However, he is contacted by al-Qaeda representatives, who tell him they will take him to a story. He is blindfolded and driven around in circles outside Kabul for some time, until the car stops, the blindfold is taken off, and he finds himself in an unknown place, face-to-face with bin Laden. The al-Qaeda leader is wearing camouflage fatigues and has a sub-machine gun close by; there are other armed men present. Allouni is told he cannot use his own questions, but will ask a set of questions prepared by al-Qaeda.
Bin Laden 'Ambiguously' Discusses Responsibility for 9/11 - The interview lasts for over an hour and covers several topics. On the key question of responsibility for 9/11, author Hugh Miles will point out that bin Laden speaks “ambiguously, seeming first to deny, then confirm, his involvement in the attacks.” When asked about US allegations of his responsibility, bin Laden answers: “America has made many accusations against us and many other Muslims around the world. Its charge that we are carrying out acts of terrorism is unwarranted.” However, a few seconds later he adds, “If inciting people to do that is terrorism, and if killing those who kill our sons is terrorism, then let history be witness that we were terrorists.” He then says: “We kill the kings of the infidels, kings of the crusaders, and civilian infidels in exchange for those of our children they kill. This is permissible in Islamic law and logically.” Allouni interrupts him and asks, “They kill our innocents, so we kill their innocents?” The reply is, “So we kill their innocents.” Bin Laden also gives a vague non-answer to a question about his responsibility for the recent anthrax attacks in the US: “These diseases are a punishment from God and a response to oppressed mothers’ prayers in Lebanon, Iraq, Palestine, and everywhere.”
Interview Not Broadcast - Al Jazeera decides not to broadcast the interview. Its media relations manager, Jihad Ballout, will later say the decision is taken because the questions Allouni was forced to ask came from bin Laden, and because “bin Laden was using Al Jazeera to give out a very edited and sanitized statement to his people. It was a message, a pure message.” Neither does Al Jazeera inform CNN of the interview. However, western intelligence services will obtain it (see Before November 11, 2001) and it will eventually be broadcast on CNN in early 2002 (see January 31, 2002). [CNN, 2/5/2002; Miles, 2005, pp. 177-179, 182]
Khalfan Khamis Mohamed. [Source: FBI]Four men are sentenced to life in prison for their roles in the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The four are:
Khalfan Khamis Mohamed.
Mohammed Saddiq Odeh. [CNN, 10/21/2001]
Another man in custody for the embassy bombings, Mamdouh Mahmud Salim, attempted to stab a prison guard and was removed from the trail and eventually given 32 years in prison for the stabbing instead. [CNN, 5/4/2004] Double agent Ali Mohamed is also in custody and pleads guilty for a role in the bombings, but he is never sentenced and his fate remains murky (see July 2001-December 2001). A New York jury considered the death penalty for some of them, but deadlocked on that and opted for life in prison without parole instead. Over a dozen people remain wanted for their alleged roles in the embassy bombings, including all of the suspected masterminds. [CNN, 10/21/2001]
A Washington Post article hints at the US government’s use rendition and torture. It refers to four suspects out of the hundreds arrested in the US—Zacarias Moussaoui, Nabil al-Marabh, Ayub Ali Khan, and Mohammed Azmath—who may actually have links to al-Qaeda (see October 20, 2001). The article quotes an “experienced FBI agent involved in the investigation,” who says: “We are known for humanitarian treatment, so basically we are stuck.… Usually there is some incentive, some angle to play, what you can do for them. But it could get to that spot where we could go to pressure… where we won’t have a choice, and we are probably getting there.” The article goes on to mention: “Among the alternative strategies under discussion are using drugs or pressure tactics, such as those employed occasionally by Israeli interrogators, to extract information. Another idea is extraditing the suspects to allied countries where security services sometimes employ threats to family members or resort to torture.” [Washington Post, 10/21/2001] Although it is little known in the US at the time, the CIA has already been renditioning suspects to countries known for practicing torture (see September 23, 2001), and has made arrangements with NATO countries to increase the number of such renditions (see October 4, 2001). Azmath and Khan will later be cleared of al-Qaeda ties and released (see October 20, 2001). Al-Marabh will be deported to Syria under mysterious circumstances and rearrested by the Syrian government (see Spring 2004). Moussaoui will be sentenced to life in prison in the US (see May 3, 2006).
The Bayer Corporation, holders of the US patent on the anthrax antibiotic Cipro, agrees with the US to reduce the price of Cipro in the US from $1.83 to 95 cents. Analysts say the price reduction will reduce Bayer’s profit margin from 95% to 65%. This reduction applies only to sales to the US government, not sales to the public. [New York Times, 11/4/2001] Bayer has allowed no other companies to produce or import Cipro into the US. Other countries with less stringent patent laws sell Cipro for 1/30th the US price, and have offered to import large quantities into the US. [New York Times, 10/21/2001] Nevertheless, a class action suit by over one million Americans has been filed against Bayer and two other companies, alleging that Bayer has paid $200 million to two competitors to not make generic versions of Cipro. [Lieff Cabraser Heimann & Bernstein, 10/25/2001] The profits from Cipro are considered a “lifesaver” for Bayer, which had been considering pulling out of pharmaceuticals altogether. [Guardian, 10/31/2001]
The Gulfstream V with tail number N379P used to rendition Jamil Qasim Saeed Mohammed and many others. [Source: Washington Post]Jamil Qasim Saeed Mohammed, a microbiology student from Yemen who is suspected of membership in al-Qaeda and involvement in the bombing of the USS Cole, is apprehended in Pakistan by the Pakistani ISI at the request of the US. [Associated Press, 10/28/2001; St. Petersburg Times, 10/28/2001; Washington Post, 3/11/2002] In the early hours of October 23, 2001, he is taken to a secluded part of Karachi International Airport. Shackled and blindfolded, the Pakistanis deliver him to US agents, according to the Washington Post, “without extradition or deportation papers.” [Washington Post, 3/11/2002] From there, at about 2:40 a.m., Mohammed is put on a US-registered jet and flown to Jordan. His fate is unknown from then on. [Amnesty International, 8/19/2003] The plane is a Gulfstream V with tail number N379P, owned by a company named Premier Executive Transport Services Inc. (PETS), in Dedham, Massachusetts. The company is apparently a CIA front. [Washington Post, 12/27/2004] Reporter Fredrik Laurin later discovers that the chartered Gulfstream is leased almost exclusively to the US administration. [Guardian, 9/13/2004] Since its discovery, this Gulfstream will be spotted at Washington’s Dulles International Airport, Guantanamo Bay, Amman (the military airport), Baghdad, Baku, Cairo, Dubai, Islamabad, Karachi, Kuwait City, Rabat, Riyadh, and Tashkent, Frankfurt, Glasgow, Stockholm, Larnaca on Cyprus, and other airports in England and Ireland. [Washington Post, 7/25/2004; Washington Post, 12/27/2004] The jet will further be found to have a permit to land at US military bases around the world. [Guardian, 9/13/2004] As of early 2008, he still has not been seen or heard of anywhere. Amnesty International has asked the Jordanian government for information on his whereabouts but has not received an answer. [Washington Post, 12/1/2007]
The New York Times reports that health officials and experts believe numerous other drugs are as effective as the antibiotic Cipro in combating anthrax. “Several generic antibiotics, including doxycycline, a kind of tetracycline, and various penicillins, are also effective against the disease,” and they all are in plentiful supply. [New York Times, 10/23/2001] A 1997 Pentagon study of anthrax in rhesus monkeys showed the other drugs to be equally effective. But Cipro remains the only drug officially recommended by the FDA (see July 27, 2000). [New York Times, 10/21/2001]
The Justice Department’s John Yoo and Robert Delahunty issue a memo to White House counsel Alberto Gonzales claiming President Bush has sweeping powers in wartime that essentially void large portions of the Constitution. The memo, which says that Bush can order military operations inside the US (see October 23, 2001), also says that Bush can suspend First Amendment freedoms: “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” It adds that “the current campaign against terrorism may require even broader exercises of federal power domestically.” [American Civil Liberties Union [PDF], 1/28/2009 ; New York Times, 3/2/2009]
John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US Department of Justice, 10/23/2001 ; American Civil Liberties Union [PDF], 1/28/2009 ; New York Times, 3/2/2009]
Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US Department of Justice, 10/23/2001 ; New York Times, 3/2/2009; Reuters, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [Savage, 2007, pp. 131]
No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US Department of Justice, 10/23/2001 ; American Civil Liberties Union [PDF], 1/28/2009 ; New York Times, 3/2/2009; Reuters, 3/2/2009; Ars Technica, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [Newsweek, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [Washington Post, 4/4/2008]
Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.”
Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [Salon, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [Savage, 2007, pp. 131; PBS Frontline, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, After September 11, 2001, and October 2001). [Savage, 2007, pp. 131]
Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [Los Angeles Times, 3/3/2009]
Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel (DOJ), Bush administration (43), Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo
Timeline Tags: Civil Liberties
White House Press Secretary Ari Fleischer makes a comment about the recent anthrax attacks (see October 5-November 21, 2001). He says: “There is a suspicion that this is connected to international terrorists. Having said that, investigators also do not rule out that it could be something domestic, that it could be a lone person operating doing this, or it could be terrorism. The suspicion is that it is terrorism, but there is no hard evidence yet at this point to lead anybody who is investigating these matters to reach a conclusion on any of these sources.” [Voice of America, 10/23/2001] The same day, House Minority Leader Richard Gephardt (D-MO) echoes Fleisher’s comment and links the attacks to overseas terrorists. He says, “I don’t think there’s a way to prove that, but I think we all suspect that.” [US Department of State, 10/23/2001] In 2004, Washington Post columnist Richard Cohen will say that, at the time it was widely believed that the anthrax attacks were somehow connected to the 9/11 attacks several weeks before. He will cite Fleischer and Gephardt’s comments as one reason why so many made the connection. [Washington Post, 7/22/2004]
The City of New York posts test results for asbestos in ambient outdoor air using the polarized light microscopy (PLM) test method on the NYC Department of Environmental Protection website. [Environmental Protection Agency, 7/15/2004 ] New York City DEP test results based on the transmission electron microscopy (TEM) testing method are not posted until early 2002 (see Early 2002).
The House of Representatives passes the final version of the Patriot Act and other previously unpopular Bush administration projects: Alaska oil drilling, $25 billion in tax cuts for corporations, taps into Social Security funds, and cuts in education. [CNN, 10/25/2001] Republican Congressman Ron Paul states: “It’s my understanding the bill wasn’t printed before the vote—at least I couldn’t get it. They played all kinds of games, kept the House in session all night, and it was a very complicated bill. Maybe a handful of staffers actually read it, but the bill definitely was not available to members before the vote.” It is later found that only two copies of the bill were made available in the hours before its passage, and most House members admit they voted for the act without actually reading it first. [Insight, 11/9/2001] Two days later, the Senate will pass the final version of the Patriot Act. Anthrax targets Senators Tom Daschle and Patrick Leahy (see October 15, 2001) now support the bill. President Bush signs it into law the same day (see October 26, 2001). [Fox News, 10/26/2001]
Patrick J. Fitzgerald is confirmed as US Attorney for the Northern District of Illinois, centering in Chicago. Senator Peter Fitzgerald (R-IL—no relation to Patrick Fitzgerald) nominated Fitzgerald for the position because he felt Fitzgerald, a native New Yorker and veteran prosecutor with no ties to Chicago, would be less likely to become corrupted by what he thought to be the “Chicago Democrat machine.” Fitzgerald had come highly recommended by, among others, Louis Freeh, then the director of the FBI. White House political chief Karl Rove later says that he did not oppose Fitzgerald’s nomination, though he was somewhat disturbed by Senator Fitzgerald’s insistence on the nomination. Rove will recall: “Senator Fitzgerald’s attitude was: ‘I’m not going to submit multiple names. I will take only one name, and this is all that is going to be acceptable.’ And we asked him to submit multiple names, and we also asked him to think about people from within the districts. Our predilection was to have people from within the district selected. We thought it, you know, encouraged a civic-minded attitude among lawyers. It made certain that you had some fresh blood that would flow in. If you pick people from outside the district, they tend to be career prosecutors. And Senator Fitzgerald was particularly unimpressed by this. He said that, in Chicago, the politics in Chicago were such that no US Attorney from Chicago could exist without being subverted by the political influence peddlers in Chicago, that they would be bought off by the big law firms and the Chicago Democrat machine. And so he was going to only provide us one name for each, the Northern District and the Southern District. Following my very effective telephone conversation with him, he responded by going out and announcing to the press that the president was nominating his two names from the Northern and Southern Districts.” Rove will say that he did not oppose Fitzgerald’s nomination, and it would not have been proper for him to do so: “That wasn’t mine—once that conversation was over, it wasn’t mine to have an opinion. I believe the president has a right to appoint. And that means that senators have, by tradition, the right to recommend. But they are usurping a presidential right when they go out and name the nominee before the president has even had a chance to evaluate multiple names and settle on who he wants and do the necessary staff work to arrive at it. Fortunately, Senator Fitzgerald recommended two good names, and both of them worked out. But it was an unusual process that involved, in my opinion, a congressional usurpation of a presidential power.” Senator Fitzgerald will later say that Rove told him the selection of Patrick Fitzgerald “ticked off the [Illinois Republican] base,” a statement Rove will call “inaccurate.… I chalk it up to an overactive imagination.” Rove will go on to imply, without directly saying, that US Attorney Fitzgerald prosecutes Governor George Ryan (R-IL) as something of a political favor to Senator Fitzgerald, as the governor and the senator are political rivals within the Illinois Republican Party. Experienced in prosecuting high-profile terrorism cases (see January 1996), Fitzgerald will go on to chair the terrorism subcommittee of the Attorney General’s Advisory Committee (AGAC) and later become special counsel for the Lewis Libby leak investigation (see December 30, 2003). [The American Lawyer, 12/11/2008; US House of Representatives, Committee on the Judiciary, 7/7/2009 ]
John McKay. [Source: Seattle Times]John McKay is sworn in as the US Attorney for the Western District of Washington State. McKay has little or no experience as a prosecutor; most of his legal career has been spent in private practice, except for a brief stint as a special assistant to then-FBI Director William Sessions. [US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] McKay was president of the Congressionally established Legal Services Corporation in Washington, DC, a private non-profit corporation designed to ensure low-income citizens receive adequate legal representation. He was a White House Fellow in 1989-1990, where he worked with Sessions. [US Department of Justice, 12/14/2006] There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. [US Department of Justice, Office of the Inspector General, 9/29/2008]
Abdul Haq. [Source: Abdul Haq Foundation]Abdul Haq, a leader of the Afghan resistance to the Taliban, is killed. According to some reports, he “seemed the ideal candidate to lead an opposition alliance into Afghanistan to oust the ruling Taliban.” [Observer, 10/28/2001] Four days earlier, he had secretly entered Afghanistan with a small force to try to raise rebellion, but was spotted by Taliban forces and surrounded. He calls former National Security Adviser Robert McFarlane (who had supported him in the past) who then calls the CIA and asks for immediate assistance to rescue Haq. A battle lasting up to twelve hours ensues. (The CIA had previously rejected Haq’s requests for weapons to fight the Taliban, and so his force is grossly underarmed.) [Sydney Morning Herald, 10/29/2001] The CIA refuses to send in a helicopter to rescue him, alleging that the terrain is too rough, even though Haq’s group is next to a hilltop once used as a helicopter landing point. [Observer, 10/28/2001; Los Angeles Times, 10/28/2001] An unmanned surveillance aircraft eventually attacks some of the Taliban forces fighting Haq, but not until five hours after Haq has been captured. The Taliban executes him. [Wall Street Journal, 11/2/2001] Vincent Cannistraro, former head of the CIA’s Counter Terrorism Center, and others suggest that Haq’s position was betrayed to the Taliban by the ISI. Haq was already an enemy of the ISI, which may have killed his family. [Village Voice, 10/26/2001; USA Today, 10/31/2001; Knight Ridder, 11/3/2001; Toronto Star, 11/5/2001]
Secretary of State Colin Powell, speaking before the Senate Foreign Relations Committee, dismisses bin Laden’s claims that al-Qaeda’s fight is in solidarity with Iraqis and Palestinians. Powell argues: “We cannot let Osama bin Laden pretend that he is doing it in the name of helping the Iraqi people or the Palestinian people. He doesn’t care one whit about them. He has never given a dollar toward them. He has never spoken out for them.” [US Congress, 10/25/2001, pp. 6; Slate, 2/11/2003]
Joel A. Miele, Sr., commissioner of the city’s Department of Environmental Protection, claims his agency has “bent over backwards to be as conservative as possible in our testing… and there is no significant danger” to anyone’s health. “People are safe, not just at the site, but at the perimeters,” he adds. [Newsday, 10/26/2003 ]
The New York City Department of Environmental Protection (DEP) publishes a notice for residents of Lower Manhattan reassuring them that the DEP, in collaboration with other government agencies, is doing everything it can to protect public health. The agencies are taking samples of the air, dust, water, river sediments and drinking water and analyzing them for the presence of pollutants, the statement says, and comparing them to a variety of government “benchmarks, standards and guidelines.” The notice claims that current monitoring indicates that containment levels do not represent a significant threat to public health. [NYC Department of Environmental Protection, 10/29/2001]
Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [Washington Post, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [Washington Post, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [New York Times, 12/15/2005]
'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [Washington Post, 12/18/2005]
Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this.
In an interview with the London Daily Telegraph, former CIA Director James Woolsey suggests that the US “ought to seriously consider removing Saddam’s regime if he has been involved in any terror in recent years against us.” He contends that Saddam Hussein’s alleged assassination attempt on President George H. W. Bush in 1993 and Iraq’s defiance of UN resolutions are sufficient enough in and of themselves to warrant the use of military force to topple the regime. [Daily Telegraph, 10/26/2001]
Wayne Allard. [Source: Publicity photo]General Ralph Eberhart, the commander of the North American Aerospace Defense Command (NORAD), appears before the Senate Armed Services Committee and gives NORAD’s account of the events of September 11 and the military’s response to the terrorist attacks that day, but the 9/11 Commission will later find that some of the information he provides is incorrect. [US Congress. Senate, 10/25/2001; 9/11 Commission, 7/29/2004; Farmer, 2009, pp. 248] Eberhart was at NORAD headquarters at Peterson Air Force Base, Colorado, and then went to NORAD’s operations center in Cheyenne Mountain when the 9/11 attacks were taking place. [9/11 Commission, 3/1/2004 ; 9/11 Commission, 3/1/2004] NORAD released a timeline of its response to the hijackings on September 18 (see September 18, 2001) and Eberhart’s testimony is consistent with that account. [North American Aerospace Defense Command, 9/18/2001]
Eberhart Says Fighters Were Scrambled in Response to First Hijacking - During the hearing, Eberhart tells Senator Wayne Allard (R-CO) that after the Federal Aviation Administration (FAA) alerted NORAD to the first hijacking, of Flight 11 (see (8:37 a.m.) September 11, 2001), NORAD ordered two F-15 fighter jets to take off from Otis Air National Guard Base in Cape Cod, Massachusetts (see 8:46 a.m. September 11, 2001), “almost simultaneously to the first crash” at the World Trade Center (see 8:46 a.m. September 11, 2001). Eberhart says that after he learned a plane had hit the WTC, he was initially unsure if that plane was Flight 11. “I’m sitting there hoping that someone has made a mistake; there has been an accident; that this isn’t the hijacked airplane [that hit the WTC], because there is confusion,” he recalls. He says he was informed that “it was a light commuter airplane” that hit the WTC, although, he says, it “didn’t look like that was caused by a light commuter airplane.”
Fighters Didn't Have Enough Time to Stop Second Crash - Eberhart says the FAA notified NORAD that there was “a second hijacked plane”—referring to Flight 175—“somewhere in there,” but although the Otis fighters were “flying toward New York” after being scrambled, they were still eight minutes away from the city when Flight 175 crashed into the WTC at 9:03 a.m. (see 9:03 a.m. September 11, 2001). “Tragically, there was just too much distance between Otis and New York City to get there in time,” Eberhart comments.
Eberhart Says NORAD Learned Flight 77 Was Hijacked before It Crashed - Eberhart says the first documented instance NORAD has of the FAA notifying it about Flight 77, the third aircraft to be hijacked, was at 9:24 a.m. After the hearing, in responses submitted for the record, Eberhart adds that the FAA notified NORAD’s Northeast Air Defense Sector (NEADS) that Flight 77 “was headed towards Washington, DC.” NEADS, he states, “then passed this information to NORAD’s Air Warning Center and Command Center in Cheyenne Mountain, and to the Continental US NORAD Region’s Regional Air Operations Center.”
Fighters Were Scrambled Too Late to Prevent the Pentagon Attack - Eberhart says NORAD launched two F-16 fighters from Langley Air Force Base in Virginia “as soon as” the FAA alerted it to the hijacking of Flight 77 (see 9:24 a.m. September 11, 2001). However, he says, these fighters were still “approximately 13 minutes away from Washington, DC, when that tragic crash [at the Pentagon] occurred.”
Eberhart Is Unaware of Reason for FAA's Delay in Contacting NORAD - Senator Carl Levin (D-MI) tells Eberhart: “The timeline that we’ve been given is that at 8:55 on September 11, American Airlines Flight 77 began turning east, away from its intended course. And at 9:10, Flight 77 was detected by the FAA radar over West Virginia heading east. That was after the two planes had struck the World Trade Center towers. Then 15 minutes later, at 9:25, the FAA notified NORAD that Flight 77 was headed toward Washington.” In light of this, he asks, “[D]o you know why it took 15 minutes for the FAA to notify NORAD?” Eberhart replies: “I do not know, sir, why it took that amount of time for FAA. I hate to say it, but you’ll have to ask FAA.” Senator John Warner (R-VA), who has an extensive military background, tells Eberhart he is “a little bit stunned that you don’t know why that delay occurred.” He continues, saying, “I would have thought by now all of you in this chain would have gone back, rehearsed these things, figured out what happened, what went wrong, so that we ensure it won’t happen again.” In his responses submitted for the record, Eberhart suggests possible reasons for the delay, stating that after the FAA lost radar contact with Flight 77, it “began to receive calls from outside agencies with reports of a possible downed aircraft. Additionally, the loss of radio contact with the aircraft added to the confusion.” Consequently, he states, “I believe the FAA was faced with conflicting information, which hindered them from making an accurate assessment of the actual location of the aircraft.”
Eberhart Says NORAD Was Following Flight 93 before It Crashed - Eberhart says NORAD was aware of the problems with Flight 93, the fourth hijacked plane, before it crashed in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). He tells Allard that the FAA “knew before it deviated its flight pattern” that Flight 93 “was hijacked.” He says NORAD had been “trying to decide, initially, if that flight was going to continue west and if there was some other target for that flight. Was it Chicago? Was it St. Louis? And what might we do to launch an aircraft to intercept it.” But he says that after the FAA reacquired Flight 93 on radar, NORAD thought the plane “was headed probably for Washington, DC, but maybe New York.” He says NORAD decided at that time to keep the Otis and Langley fighters in place over New York and Washington. If another suspicious plane was approaching, he says, “our intent was to go out and meet that aircraft and destroy it if we needed to, if it entered either Washington, DC, or New York City airspace.” However, in his responses submitted for the record, Eberhart states that the “data/log entries received by NORAD from the FAA [after September 11] do not show a time or entry indicating the FAA specifically notified the Pentagon that United Airlines Flight 93 was hijacked.” He also states that NORAD “did not notify” the National Military Command Center (NMCC) at the Pentagon that Flight 93 had been hijacked.
9/11 Commission Disputes Some of Eberhart's Claims - Several claims Eberhart makes in the hearing will be contradicted by evidence uncovered by the 9/11 Commission during its investigation of the terrorist attacks. Whereas Eberhart says the military was first notified about the hijacking of Flight 77 at 9:24 a.m. and implies that this notification prompted the scrambling of fighters from Langley Air Force Base, according to John Farmer, the senior counsel to the 9/11 Commission, “[T]he first notification regarding American 77 occurred at 9:34, when it was reported ‘lost’” (see 9:34 a.m. September 11, 2001). [US Congress. Senate, 10/25/2001; Farmer, 2009, pp. 248-254] The notice NEADS received at 9:24 a.m., according to the 9/11 Commission Report, was the incorrect claim that Flight 11 “had not hit the World Trade Center and was heading for Washington, DC” (see 9:21 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 34] Consequently, Farmer will write, “the scramble of the Langley fighters did occur as an immediate reaction to a notification about hijacking, but that notification was not, as [Eberhart’s] testimony implies, a report that American 77 was hijacked, but the report that American 11 was still airborne and heading for Washington.” And while Eberhart claims the FAA told NEADS that Flight 77 was heading toward Washington, according to Farmer: “The FAA never notified NEADS that American 77 was heading for Washington, DC. There is no such notification recorded on any tape or in any log maintained at NEADS or at NORAD.” Furthermore, while Eberhart claims the military was following Flight 93 on radar before it crashed and was in position to shoot it down if it approached Washington, Farmer will write that “in fact, NEADS never located United 93 on radar, because the plane had already crashed by the time NEADS was notified.” [Farmer, 2009, pp. 251, 254-255]
Maj. Gen. John Parker. [Source: Public domain]On October 25, 2001, Homeland Security Director Tom Ridge tells reporters that the anthrax used in a letter sent to Sen. Tom Daschle (D-SD) was “highly concentrated” and “pure” and that a binding material was used, resulting in small spore clusters that are more easily spread. In contrast, the anthrax in a letter sent to the New York Post was coarser and less concentrated. Both letters used the same Ames strain of anthrax bacterium. (The Post letter was part of a less sophisticated first wave of letters (see September 17-18, 2001) and the Daschle letter was from the second wave (see October 6-9, 2001).) On October 29, Major General John Parker, commanding general of USAMRIID, the US Army’s top bioweapons laboratory, makes similar comments at a White House briefing. He says silica was found in the Daschle letter anthrax and the anthrax spore concentration in the Daschle letter was ten times that of the New York Post letter. The presence of a binding agent like silica supports theories that the anthrax used in the attacks was “weaponized” (highly sophisticated and deadly) and more likely made by a government team than a single individual. But in 2006, the FBI will reverse course and say there was no silica or any other type of binding agent in any of the anthrax letters (see August 2006). An anonymous former government official will later claim, “Those judgments were premature and frankly wrong.” He will say that top government officials with no scientific background received briefings from people who also were not scientists and “the nuances got lost.” [Chemical and Engineering News, 12/4/2006] But the idea of the data being lost in translation does not jibe with Parker’s comments at the time, especially since Parker is a qualified scientist. For instance, he says, “I have looked at the specimen under the microscope, both the electron microscope and the scanning microscope, and I can say that the sample was pure spores.” [ABC News, 11/1/2001]
Carlyle Group logo.
[Source: Carlyle Group]The Carlyle Group, based in Washington, DC, is one of the world’s largest private-equity investment firms. One of its brochures described it as investing “in niche opportunities created in industries heavily affected by changes in governmental policies.” [Fortune, 3/18/2002] It is also the 11th-largest defense contractor in the US. [Red Herring, 12/11/2001] Since being established in 1987, it has signed up many former politicians and used their contacts and influence to promote itself. [Guardian, 10/31/2001] Those on its payroll include former Secretary of State James Baker, former White House budget director Dick Darman, former British Prime Minister John Major, and former US President George H. W. Bush. Its chairman is former CIA Director Frank Carlucci. [Fortune, 3/18/2002] Following 9/11, news reports revealed that Carlyle had a business relationship with Osama bin Laden’s family. According to a Carlyle executive, in 1995 the bin Ladens invested $2 million in the Carlyle Partners II fund, which includes various defense holdings. This was a fairly small amount considering the entire fund is worth $1.3 billion. However, a foreign financier with ties to the bin Ladens claimed their overall investment with Carlyle was much larger. [Wall Street Journal, 9/27/2001; London Times, 5/8/2003] Shafig bin Laden, one of Osama’s brothers, had actually been in Washington, DC, on the morning of 9/11, attending the Carlyle Group’s annual investor conference there (see (9:00 a.m.) September 11, 2001). Former President George H. W. Bush, who is senior adviser to Carlyle Group’s Asian Partners fund, has twice met with the bin Laden family on behalf of the company (see November 1998; January 2000). On this day though, the Carlyle Group ends its relationship with the bin Ladens, and gives them back their investment. [Red Herring, 12/11/2001; Fortune, 3/18/2002] But the family is very well-connected, and their investment in Carlyle is hardly unusual for them. The New Yorker will note, “Much of the family’s private banking is handled by Citigroup, which is chaired by former Treasury Secretary Robert Rubin. The family has equity investments with Merrill Lynch and Goldman, Sachs. Among the family’s business partners is General Electric. A spokesman for Jack Welch, the chairman of G.E., says that the family threw a party for him in the nineteen-nineties in Saudi Arabia, and that Welch ‘considers them good business partners.’ One American diplomat says, ‘You talk about your global investors, it’s them. They own part of Microsoft, Boeing, and who knows what else.’” [New Yorker, 11/5/2001]
New York City Mayor Rudolph Giuliani says NYC government agencies have found that environmental conditions in Lower Manhattan “are not health-threatening… what I’m told is that it is not dangerous to your health.” [New York Daily News, 10/27/2001 ]
A Reuters/Zogby poll indicates that 74 percent of US registered voters want to attack Iraq as well as Afghanistan. When asked if the “war on terrorism” should be expanded to include Iraq, 56 percent of respondents say they “strongly agree” and 18 percent “somewhat agree”, while 10 percent said they “strongly disagree” and 12 percent said they “somewhat disagree” with the idea. [Washington Times, 10/26/2001]
Appeals Court Judge Sonia Sotomayor delivers a lecture at the University of California at Berkeley School of Law. Sotomayor, whose parents are Puerto Rican, speaks on the subject of Hispanics in the judiciary and her own experience as a Latina (Hispanic woman) jurist. After noting the tremendous cultural and ethnic diversity among Hispanics, and citing the ascension of increasing numbers of Hispanics and women to the judiciary, Sotomayor addresses the issue of judges acting without regard for their ethnic heritage or gender. “[J]udges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law,” she says, and notes that while she tries to aspire to that goal: “I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. Whatever the reasons why we may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because we have basic differences in logic and reasoning, are in many respects a small part of a larger practical question we as women and minority judges in society in general must address. I accept the thesis… that in any group of human beings there is a diversity of opinion because there is both a diversity of experiences and of thought.… I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that—it’s an aspiration because it denies the fact that we are by our experiences making different choices than others.” She adds: “Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases.… I am also not so sure that I agree with the statement. First… there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life. Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I… believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable.… However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench.” [National Council of La Raza Law Journal, 10/2001; ABC News, 10/26/2001 ; New York Times, 5/14/2009] After Sotomayor is nominated to the Supreme Court (see May 26, 2009), many critics will use this speech to accuse her of racism (see May 26, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, and June 3, 2009).
President Bush signs the Patriot Act into law. [Source: White House]President Bush signs the USA Patriot Act (see October 2, 2001) into law. The act’s provisions include:
1) Non-citizens can be detained and deported if they provide “assistance” for lawful activities of any group the government chooses to call a terrorist organization. Under this provision the secretary of state can designate any group that has ever engaged in violent activity as a terrorist organization. Representative Patsy Mink (D-HI) notes that in theory supporters of Greenpeace could now be convicted for supporting terrorism. [San Francisco Chronicle, 11/12/2001]
2) Immigrants can be detained indefinitely, even if they are found not to have any links to terrorism. They can be detained indefinitely for immigration violations or if the attorney general decides their activities pose a danger to national security. They need never be given a trial or even a hearing on their status. [San Francisco Chronicle, 9/8/2002]
3) Internet service providers can be ordered to reveal the websites and e-mail addresses that a suspect has communicated to or visited. The FBI need only inform a judge that the information is relevant to an investigation. [Village Voice, 11/26/2001; San Francisco Chronicle, 9/8/2002]
4) The act “lays the foundation for a domestic intelligence-gathering system of unprecedented scale and technological prowess.” [Washington Post, 11/4/2001] It allows the government to access confidential credit reports, school records, and other records, without consent or notification. [San Francisco Chronicle, 9/8/2002] All of this information can now be given to the CIA, in violation of the CIA’s mandate prohibiting it from spying within the US. [Village Voice, 11/26/2001]
5) Financial institutions are encouraged to disclose possible violations of law or “suspicious activities” by any client. The institution is prohibited from notifying the person involved that it made such a report. The term “suspicious” is not defined, so it is up to the financial institutions to determine when to send such a report.
6) Federal agents can easily obtain warrants to review a library patron’s reading and computer habits (see January 2002). [Village Voice, 2/22/2002] Section 215 allows the FBI to ask the Foreign Intelligence Surveillance Court (FISC) for an order to obtain documents relating to counterterrorism investigations without meeting the usual standard of legal “probable cause” that a crime may have been committed. Senator Russ Feingold (D-WI—see October 9, 2001) says that Section 215 can allow the FBI to “go on a fishing expedition and collect information on virtually anyone.” Librarians will make Section 215 the centerpiece of their objections to the Patriot Act, arguing that the government can now “sweep up vast amounts of information about people who are not suspected of a crime.” In 2005, one librarian will say, “It reminds me of the Red Scare of the 1950s.” However, some FBI officials find it easier to use provisions of Section 505, which expands the usage of so-called “national security letters” (see November 28, 2001). [Roberts, 2008, pp. 39-40]
7) The government can refuse to reveal how evidence is collected against a suspected terrorist defendant. [Tampa Tribune, 4/6/2003]
Passes with No Public Debate - The law passes without public debate. [Village Voice, 11/9/2001; Village Voice, 11/26/2001] Even though it ultimately took six weeks to pass the law, there were no hearings or congressional debates. [Salon, 3/24/2003] Congressman Barney Frank (D-MA) says: “This was the least democratic process for debating questions fundamental to democracy I have ever seen. A bill drafted by a handful of people in secret, subject to no committee process, comes before us immune from amendment” (see October 2-4, 2001 and October 24, 2001). [Village Voice, 11/9/2001] Only 66 congresspeople, and one senator, Feingold, vote against it. Few in Congress are able to read summaries, let alone the fine print, before voting on it. [Los Angeles Times, 10/30/2001] Feingold says, “The new law goes into a lot of areas that have nothing to do with terrorism and have a lot to do with the government and the FBI having a wish list of things they want to do.” [Village Voice, 11/9/2001] Supporters of the act point out that some of its provisions will expire in four years, but in fact most provisions will not expire. [Chicago Tribune, 11/1/2001]
Mounting Opposition - One year later, criticism of the law will grow. [San Francisco Chronicle, 9/8/2002] Dozens of cities will later pass resolutions criticizing the Patriot Act (see January 12, 2003).
On October 26, 2001, Peter Jennings starts ABC News’s World News Tonight evening news broadcast with the comment: “We’re going to begin this evening with what we believe is a meaningful lead in the most sensitive anthrax case so far, despite a very recent denial by the White House. ABC News has learned what made the anthrax so dangerous in the letter to Senator Tom Daschle was a particular additive which only one country, as far as we know, that’s a very important caveat, only one country as far as we know, has used to produce biological weapons.”
Bentonite - ABC News reporter Brian Ross then adds: “The discovery of bentonite came in an urgent series of tests conducted at Fort Detrick, Maryland, and elsewhere. [Bentonite is] a substance which helps keep the tiny anthrax particles floating in the air by preventing them from sticking together. It’s possible other countries may be using it, too, but it is a trademark of Saddam Hussein’s biological weapons program.”
Significance - Jennings ends the story by commenting: “This news about bentonite as the additive is being a trademark of the Iraqi biological weapons program is very significant. Partly because there’s been a lot of pressure on the Bush administration inside and out to go after Saddam Hussein. And some are going to be quick to pick up on this as a smoking gun. There is a battle about Iraq that’s been raging in the administration.”
Repeated - The story is repeated by ABC over the next several days, especially by Ross. Qualifications in the initial story are dropped over the next few days as Ross definitely claims that the anthrax “was laced with bentonite” and “the anthrax found in a letter to Senator Daschle is nearly identical to samples they recovered in Iraq in 1994.” On October 28, Ross claims, “[D]espite continued White House denials, four well-placed and separate sources have told ABC News that initial tests on the anthrax by the US Army at Fort Detrick, Maryland, have detected trace amounts of the chemical additives bentonite and silica.” [ABC News, 10/29/2001; Salon, 4/9/2007; Salon, 8/1/2008]
ABC News Keeps Promoting Story despite White House Denial - On October 29, ABC News notes that White House Press Secretary Ari Fleischer has denied that bentonite was found on the letters. Fleischer says that no test or analysis has shown the presence of bentonite, and “no other finding contradicts or calls into question” that conclusion. But ABC News continues to push the story and quotes former UN weapons inspector Tim Trevan, who says that bentonite “means to me that Iraq becomes the prime suspect as the source of the anthrax used in these letters.” ABC News even brings up the alleged meeting between 9/11 hijacker Mohamed Atta and an Iraqi spy in Prague, and quotes former UN weapons inspector Richard Butler: “There are reports that one of the things that may have happened at that meeting was that [Atta] was given by the Iraqi some sample of anthrax.… We do not know if that is true. I believe it is something that should be investigated.” [ABC News, 10/29/2001]
Dropped, Sort Of - ABC News finally drops the story on November 1, when Ross reports: “The White House said that despite initial test results which we reported suggesting the presence of a chemical called bentonite, a trademark of the Iraqi weapons program, a further chemical analysis has ruled that out. The White House says there are chemical additives in that anthrax including one called silica.” Yet this account is not entirely correct, because the White House denied the story from the very beginning, as ABC News made clear in their first stories on the subject, and their quoting of White House Press Secretary Fleischer. [TVNewser, 8/6/2008] But an ABC News article the same day by Gary Matsumoto continues to push the bentonite theory, despite acknowledging that lab results do not show signs of bentonite. He argues that perhaps a different form of bentonite was used that did not show the usual signs. He also argues that perhaps the anthrax was coated with silica, which would be another sign of high sophistication and possible government involvement in the attacks. This is the theory the White House is pushing (see October 25-29, 2001), although it too will eventually be discredited by the FBI (see August 2006). [ABC News, 11/1/2001]
Iraq's Link to Bentonite Questioned - In October 2002, the Washington Post will reveal that early in the anthrax investigation, “US authorities dismissed the possibility that Iraq could have sponsored the attacks because investigators determined that the spores had been coated with silica to make them disperse quickly, rather than the mineral bentonite, regarded by the US Army Medical Research and Materiel Command as Iraq’s additive of choice.” Furthermore, “Iraq’s alleged preference for bentonite appears to be based on a single sample of a common pesticide collected by UN authorities from Iraq’s Al Hakam biological weapons facility in the mid-1990s.” [Washington Post, 10/28/2002]
Common Clay - Salon columnist Glenn Greenwald will later note: “The very idea that bentonite is ‘a troubling chemical additive,’ let alone that it is some sort of unique Iraqi hallmark, is inane. Bentonite is merely a common clay that is produced all over the world, including from volcanic eruptions.” A geology professor comments: “It is not ‘a chemical additive’ and it is not unique to Iraq. It is widespread and common, and readily available wherever you can get ‘drilling mud.’” [Salon, 4/9/2007]
No Correction - But even though it emerges that bentonite was never actually detected in the anthrax samples, ABC News will not correct its story until after it is heavily pressured to do so in late 2008 (see August 6, 2008).
Entity Tags: Tim Trevan, Richard Butler, Glenn Greenwald, Gary Matsumoto, Peter Jennings, Ari Fleischer, ABC News, Brian Ross
Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, 2001 Anthrax Attacks, US Domestic Terrorism
A London Times article by Daniel McGrory claims that not only did Mohamed Atta meet with an Iraqi agent in Prague, but that “a special FBI team” is studying “a report from Prague that anthrax spores were given to Atta” during the meeting. Furthermore, “Saddam’s agents were spotted at various times this year with Atta in Germany, Spain, Italy and the Czech Republic,” and that Atta met with the agent in Prague at least four times. Additionally, an Iraqi intelligence agent in Rome was seen with Atta in Prague and Hamburg and then disappeared shortly before the 9/11 attacks. The article also alleges numerous meetings between Iraqi agents and Osama bin Laden, as well as a meeting between al-Qaeda second-in command Ayman Zawahiri and Iraqi Vice-President Taha Yasin Ramadan. Furthermore, al-Qaeda operatives were supposedly given advanced weapons training in Iraq supervised by Saddam Hussein’s son Uday Hussein. The article mentions no sources at all for these stunning allegations, except to refer to some other recent articles in a couple of cases. However, the article does mention former CIA Director James Woolsey, and it seems probable that Woolsey is a force behind the article, since he is in London at the time attempting to find evidence supporting the Prague meeting and Iraqi involvement in the anthrax attacks (see Mid-September-October 2001). [London Times, 10/27/2001] This article represents the height of the propaganda effort attempting to link al-Qaeda and the Iraqi government together. Many of the allegations in the article are never mentioned in any other newspaper article, and all of them will eventually be debunked.
The US government no longer thinks al-Qaeda is behind the anthrax attacks (see October 5-November 21, 2001). The Washington Post reports in a front-page story: “Top FBI and CIA officials believe that the anthrax attacks… are likely the work of one or more extremists in the United States who are probably not connected to Osama bin Laden’s al-Qaeda terrorist organization, government officials said yesterday.” An unnamed senior official adds, “Everything seems to lean toward a domestic source… Nothing seems to fit with an overseas terrorist type operation.” The Post suggests neo-Nazi and/or right-wing hate groups could be behind it. [Washington Post, 10/27/2001] Not long after, the FBI releases a profile of the perpetrator of the anthrax attacks. He is suspected of being a lone, male domestic terrorist, with a scientific background and laboratory experience who could handle hazardous materials. [St. Petersburg Times, 11/10/2001]
The press reports that the US has put together a multi-billion dollar aid package for Pakistan that includes “sweeping debt rescheduling, grants stretching over many years and trade benefits as a reward for its support against terrorism.” Critics such as Representative Jim McDermott (D-WA) complain the aid is a “blank check” that could go towards supporting the Pakistani military and Islamic militants fighting in India. [New York Times, 10/27/2001]
Furious government intelligence officials accuse the NSA of destroying data pertinent to the 9/11 investigation. The details of the data involved remain unknown. They claim that possible leads are not being followed because of the NSA’s lack of cooperation. [Boston Globe, 10/27/2001]
Al-Qaeda Hamburg cell member Mohammed Haydar Zammar travels from Germany to Morocco. Not long after, perhaps in November, he is arrested by Moroccan police with US assistance. Although he is a German citizen and under investigation by Germany, German intelligence remain unaware of his arrest, and only learn about it from the newspapers in June 2002. He is sent to Syria, where there are formal charges against him (see December 2001). Zammar reportedly now claims he recruited Mohamed Atta and others into the al-Qaeda Hamburg cell. [Washington Post, 6/19/2002] It is widely suspected that the US arranged for Zammar to be sent to Syria so that he could be more thoroughly interrogated using torture. The Germans are angry that the US has been submitting questions for Zammar and learning answers from Syria, but have not informed Germany of what they have learned [Daily Telegraph, 6/20/2002; Christian Science Monitor, 7/26/2002]
The White House repeats its warning to the UN that the US will act if the UN fails to pass a stronger resolution. Speaking in New Mexico, George Bush says: “Either the United Nations will do its duty to disarm Saddam Hussein, or Saddam Hussein will disarm himself. In either case, if they refuse to act, in the name of peace, in the name of a secure tomorrow, in the name of freedom, the United States will lead a coalition and disarm Saddam Hussein.” [US President, 11/4/2002] And Ari Fleischer, the White House Press Secretary, says, “The United Nations has debated this long enough. The time has come for people to raise their hands and cast their vote.” [White House, 10/28/2002]
A draft report prepared by IT Corporation of Las Vegas for the EPA’s Office of Emergency and Remedial Response says that bulk dust samples taken from the World Trade Center site were found to contain elevated concentrations of several toxic compounds including CDD/CDF, PCBs, PAHs, and metals. [Environmental Protection Agency, 10/29/2001 ]
Michael Ledeen, speaking at an event sponsored by the American Enterprise Institute (AEI), states: “No stages. This is total war. We are fighting a variety of enemies. There are lots of them out there. All this talk about first we are going to do Afghanistan, then we will do Iraq… this is entirely the wrong way to go about it. If we just let our vision of the world go forth, and we embrace it entirely and we don’t try to piece together clever diplomacy, but just wage a total war… our children will sing great songs about us years from now.” [Institute, 10/29/2001; Village Voice, 11/21/2001] Interestingly, several sources credit fellow AEI neoconservative Richard Perle, and not Ledeen, with the quote, including John Pilger’s book The New Rulers of the World [Pilger, 2002, pp. 10] and former State Department and USAID official William Fisher. [Informed Comment, 2/1/2005] Perle is the moderator of the AEI event where Ledeen speaks. [Institute, 10/29/2001; Village Voice, 11/21/2001]
In a television interview, Sen. John McCain (R-AZ) supports the allegation that 9/11 hijacker Mohamed Atta met with an Iraqi intelligence agent in Prague. McCain says, “The evidence is very clear.” This comment comes several days after a Czech government official claimed that the meeting took place (see October 26, 2001). McCain makes other comments around the same time also trying to link Iraq to the 9/11 attacks. For instance, in mid-September 2001, he told television host Jay Leno that he believes “some other countries” had assisted al-Qaeda, suggesting Iraq, Iran, and Syria as potential suspects. McCain also relies on dubious claims made by Ahmed Chalabi and his Iraqi National Congress (INC). For instance, in a television interview, McCain echoes the INC’s claim that two Iraqi defectors know about terrorist training camps in Iraq (see November 6-8, 2001). McCain claims there are “credible reports of involvement between Iraqi administration officials, Iraqi officials and the terrorists.” In 2006, McCain will admit that he had been “too enamored with the INC.” [New York Times, 8/16/2008]
Robert Bartley, conservative editor of The Wall Street Journal, writes an editorial in his newspaper strongly suggesting that Iraq is behind the recent anthrax attacks (see October 5-November 21, 2001). He cites former CIA Director James Woolsey, who says the possibility should be considered that “the attacks—whether perpetrated by bin Laden and his associates or by others—were sponsored, supported, and perhaps even ordered by Saddam Hussein.” He also draws on the controversial and eventually discredited theories of Laurie Mylroie, for instance claiming that Iraq was behind the 1993 WTC bombing (see February 26, 1993), and the controversial and eventually discredited reports that 9/11 hijacker Mohamed Atta met with an Iraqi spy in Prague. He concludes, “Saddam Hussein has the motive, means and opportunity to mount terrorism, and the anthrax attacks fit his modus operandi. There is plenty of reason to presume he’s behind the current attacks, with bin Laden and his al-Qaeda network as a front or ally. In any event, given his capabilities and intentions, he remains a threat to American lives as long as he’s at large.” [Wall Street Journal, 10/29/2001]
Neoconservative writers Robert Kagan and William Kristol predict “a wide-ranging war in locales from Central Asia to the Middle East and, unfortunately, back again to the United States,” of which the Afghanistan conflict is merely “an opening battle.” The “unequivocal destruction of the Taliban, al-Qaeda, and Osama bin Laden” are the first steps in a larger conflict that must “spread and engulf a number of countries in conflicts of varying intensity,” requiring US forces to invade “multiple” countries. “It is going to resemble the clash of civilizations that everyone has hoped to avoid. And it is going to put enormous and perhaps unbearable strain on parts of an international coalition that today basks in contented consensus.” Kagan and Kristol say that both the 9/11 attacks and the recent anthrax mailings are likely the work of Iraq, and thus President Bush “ha[s] no choice” but to destroy the Iraqi government of Saddam Hussein. The continued security of Israel is of paramount importance, they write; the US must join with Israel in battling Islamist terrorism in the region by any means necessary. There is virtually no difference between the Taliban and the Palestinian Authority, they write; both must be shut down. Putative US allies such as Egypt, Jordan, and Saudi Arabia might object, and may even declare war against Israel. If so, they must be given the same treatment as the Taliban, the Palestinians, and Iraq: overthrow and domination. “With or without a new Arab-Israeli war, it is possible that the demise of some ‘moderate’ Arab regimes may be just around the corner.” [Weekly Standard, 10/29/2001]
Attorney General John Ashcroft issues a second terror alert for the month (see October 11-29, 2001). The intelligence received by the FBI does not, he says, “contain specific information as to the type of attack or specific targets.” [Rich, 2006, pp. 36]
Arthur Cebrowski. [Source: Publicity photo]Defense Secretary Donald Rumsfeld announces the establishment of a new unit within the Office of the Secretary of Defense, called the Office of Force Transformation (OFT). Rumsfeld had called for the establishment of this office “as part of President Bush’s broad mandate to transform the Department of Defense. This transformation process challenges the organizational status quo with a new architecture for American defense in order to ensure an overwhelming and continuing competitive advantage for America’s military for decades to come.” He appoints retired Navy Vice Admiral Arthur Cebrowski—the former president of the Naval War College in Newport, Rhode Island—as its director. [US Department of Defense, 11/26/2001; New York Times Magazine, 3/10/2002] Also recruited for this new department, as assistant for strategic futures, is Thomas Barnett, a senior strategic researcher at the Naval War College. As the “vision guy,” Barnett’s job is “to generate and deliver a compelling brief that would mobilize the Defense Department toward generating the future fighting force demanded by the post-9/11 strategic environment.” Barnett claims that, over time, senior military officials will come to cite his brief as “a Rosetta stone for the Bush administration’s new national security strategy.” [Barnett, 2004, pp. 5-6] Prior to 9/11, Barnett was the director of a research partnership between the Naval War College and the Wall Street bond firm Cantor Fitzgerald, called the New Rule Sets Project (see May 1, 2000-June 4, 2001). Considering that the OFT is a personal initiative of the defense secretary, it is interesting that Rumsfeld was in the late 1990s one of the founders of the neoconservative think tank, Project for the New American Century (PNAC) (see June 3, 1997). [BBC, 8/25/2005; Washington Post, 6/12/2006; Federal Computer Week, 9/4/2006] In September 2000, PNAC published a strategy document called “Rebuilding America’s Defenses” (see September 2000). Among other things, this laid out the need to establish “four core missions” for US military forces, one of these being to “transform US forces to exploit the ‘revolution in military affairs.’” The OFT appears to be fulfilling this mission. However, the PNAC document had continued, “the process of transformation, even if it brings revolutionary change, is likely to be a long one, absent some catastrophic and catalyzing event—like a new Pearl Harbor.” [Project for the New American Century, 9/2000, pp. iv and 51 ]
On October 29, 2001, an Australian citizen named Mamdouh Habib is arrested in Pakistan by Pakistani authorities, while traveling with two peripheral members of the al-Qaeda cell in Hamburg, Germany (see October 29, 2001). Over the next three weeks he is interrogated by three Americans. He is then taken to an airfield, where American individuals beat him up, cut off his clothes, and make him pose “while another [takes] pictures” with a foot on his neck. He is first taken to Bagram and from there flown to Egypt, where he spends the next six months in a six by eight foot cell and is forced to sleep on a concrete floor with one blanket. [Rasul, Iqbal, and Ahmed, 7/26/2004 ; Washington Post, 1/6/2005] According to Habib, the Australian high commission in Pakistan authorizes his transfer to Egypt. [Amnesty International, 9/2004 ] During interrogations in Egypt, he is repeatedly kicked, punched, and beaten with a stick, rammed with an electric cattle prod, injected with unknown drugs, attacked with dogs, drenched with cold water, and deprived of sleep. Sometimes he is “suspended from hooks on the wall” with his feet on the side of a large metal rotating drum. When Habib fails to provide his interrogators with the answers they want, they throw a switch and “a jolt of electricity” goes through the drum, forcing Habib to “dance,” and making the drum rotate. Thus, “his feet constantly [slip], leaving him suspended by only the hooks on the wall.” Another technique used on Habib is to place him in ankle-deep water “wired to an electric current.” According to a petition Habib later files with a US District Court, his interrogators tell him that unless he confesses, they will “throw the switch and electrocute him.” Habib submits and gives false confessions. [Amnesty International, 9/2004 ; Washington Post, 1/6/2005]
New York City Fire Commissioner Thomas Von Essen says that almost 4,000 firefighters who have participated in the rescue efforts at the World Trade Center have complained of respiratory problems, but adds that long term effects of working at Ground Zero are uncertain. “We won’t know for a long period of time if there is any long term effect. Some might lead to asthma, some might lead to lung conditions,” One firefighter has been treated for allergic alveolitis, a rare lung inflammation. Von Essen’s comments follow a Newsweek interview with Dr. David Prezant, the chief pulmonary physician for the city’s fire department. Prezant explained to the magazine that thousands of firefighters require medical care for a range of illnesses, including coughs, sinus infections, lung trauma and severe asthma. Prezant, a professor at the Albert Einstein School of Medicine, has referred to these ailments collectively as the “World Trade Center cough.” [CNN, 10/29/2001; CNN, 10/29/2001; New York Post, 10/29/2001; Newsday, 10/30/2001; BBC, 10/31/2001; New York Daily News, 11/20/2001 ]
A senior NSA official, having learned of the NSA’s post-9/11 domestic surveillance program and believing it to be illegal, takes his concerns to a staff member of the House Intelligence Committee. In a 2012 interview for Democracy Now!, William Binney, a former NSA technical director who served in the NSA for 36 years, will say that some of his staff had been recruited to work on the new program and told him of some of the things that were being done, which he believed were illegal. Binney will tell co-host Juan Gonzalez: “I immediately went to the Intelligence Committee, because… the intelligence committees were formed to have oversight over the intelligence community to make sure they didn’t monitor US citizens.… And the member of the staff that I went to went to Porter Goss, who was chairman of that committee at the time, and he referred her to General Hayden for any further. When it was the job of that committee to do the oversight on all this domestic spying, they weren’t doing it.” Soon after this, Binney retires from the NSA, due to his belief the NSA is violating the Constitution (see October 31, 2001). [Democracy Now!, 4/20/2012]
Paul Bartlett, an expert on aerosols containing PCBs and dioxins at the Queens College Center, is interviewed by the New York Daily News. Dr. Bartlett feels the EPA’s response to the WTC attacks has been inadequate. “What I’ve seen of the data is troubling,” he says. “Their detection limits are aimed at threshold levels for occupational exposure. They aren’t treating this as a disaster, so they’re not asking what extent and how far are people being exposed or who is possibly being affected by the releases of chemicals. They’re just checking what emissions are exceeding regulations.” He also says the WTC site should be treated like a Superfund site. [New York Daily News, 10/26/2001]
New York City officials order the Police and Fire Departments to reduce the number of officers and firefighters involved in recovery efforts at any one time to 24 for each department, citing new concerns about air quality at the site. The announcement is met with criticism from members of the police and firefighters unions. “We were promised by the mayor and the fire commissioner that we wouldn’t give this up until we got everybody out,” Michael Carter, the vice president of the Uniformed Firefighters Association, tells the New York Times. “To scale back to 24 people, that’s to say that this has become nothing more than a construction site.” Thomas Manley, the health and safety officer for the firefighters union, tells the Times that he does not believe the decision was really based on new concerns regarding air quality. He suggests the mayor wants to minimize the presence of the site in an effort to return business to the area. [New York Times, 11/1/2001]
White House lawyers have become impatient with the interagency group’s (see Shortly Before September 23, 2001) less than full endorsement of the use of military commissions to try suspected terrorists. By late October, Timothy E. Flanigan takes the task of designing a strategy for prosecuting terrorists away from the group and proceeds to focus on military commissions as the only preferable option. The White House lawyers now work more in secret, excluding many agencies and most of the government’s experts in military and international law, but together with the lawyers of the Office of Legal Counsel (OLC), with the intention of drafting a presidential military order. [New York Times, 10/24/2004] There is a remarkable secrecy surrounding the drafting process (see November 11-13, 2001). Both Attorney General John D. Ashcroft and his deputy, Larry D. Thompson, are closely consulted. But the head of the Justice Department’s Criminal Division, Michael Chertoff is kept out of the loop. Secretary of Defense Donald H. Rumsfeld is informed through his general counsel, William J. Haynes. Other Pentagon experts, however, are excluded. [New York Times, 10/24/2004] When the order is signed (see November 13, 2001), many express surprise. “That came like a bolt from the blue,” a former Pentagon official says. “Neither I nor anyone I knew had any insight, any advance knowledge, or any opportunity to comment on the president’s military order.” [Guardian, 6/9/2004] “I can’t tell you how compartmented things were,” retired Rear Adm. Donald J. Guter, the Navy’s Judge Advocate General, later recalls. “This was a closed administration.” [New York Times, 10/24/2004]
Melek Can Dickerson begins working for the FBI as a Turkish translator with top security clearance. She joins Sibel Edmonds and Kevin Taskasen (see September 20, 2001 and Early October 2001, respectively) as the FBI’s only Turkish translators. The FBI hired Dickerson without verifying that the information she provided on her application was correct. Had the bureau done this they would have learned that she spent two years working as an intern for the American-Turkish Council (ATC), a group that is being investigated by the FBI’s own counterintelligence unit and whose phone calls she will be listening in on as an FBI translator. [Anti-War (.com), 7/1/2004] On her application, Dickerson failed to disclose that she had worked for the organization. She also hid her tie to the group when she was interviewed as part of her background security check. [Vanity Fair, 9/2005] According to Sibel Edmonds, it’s not clear that Dickerson’s background check was ever completed. [Anti-War (.com), 7/1/2004]
Thomas Wales. [Source: FBI]Newly appointed US Attorney John McKay of the Western District of Washington State (see October 24, 2001) begins investigating the murder of Thomas C. Wales, an Assistant US Attorney (AUSA) in the office. Wales, a popular AUSA and a strong advocate of gun control, was murdered three weeks before McKay took office, when someone shot and killed him through his basement window. Associate Deputy Attorney General David Margolis had recused the office from investigating the crime, because, McKay will later state, the Justice Department (DOJ) had no confidence in the prosecutor initially assigned to the case. Moreover, as the case was a likely candidate for a death penalty prosecution, he will tell a reporter that the office is recused because “[y]ou couldn’t have Tom’s friends in the office making those kinds of decisions.”
Begins Pressuring Justice Department - Shortly after taking office, McKay begins pressuring Deputy Attorney General (DAG) Larry Thompson to replace the prosecutor on the Wales case. McKay will recall having several “tense conversations” with Principal Associate Deputy Attorney General Christopher Wray concerning this issue. In March 2002, the DOJ assigns a more experienced prosecutor to the case. The DOJ sends no additional manpower to Seattle to help with the case, and initially offers a $25,000 reward for information leading to the conviction of the killer, an amount FBI Special Agent Charles Mandigo will later call “insultingly small.” (After McKay’s intervention, the DOJ later raises the reward to $1 million.) McKay later says that while he is not directly involved in the investigation, he pushed hard for the DOJ to commit more resources to the investigation, and felt it was his responsibility to act as a conduit between the Seattle FBI office and the DOJ regarding resources for the case. He will say that while he was assertive, he remained professional and appropriate in his conduct; no one in the DOJ ever complained to him about his actions, he will say. “My mistake was that I assumed ‘recusal’ was ‘recusal’,” he will say. “I had erred in assuming that I was completely recused from even asking questions about the allocation of resources. I assumed it would have the highest priority within the Department of Justice. I once worked at the FBI for a year, and during that time an agent was killed in Las Vegas. They deploy like crazy when an agent is killed. Agents got off the airplane that night from DC to investigate. The director of the FBI flew out. That was not the reaction we were getting from the Department of Justice after Tom Wales was killed. Over 2002, I decided that really it should be my job to advocate for appropriate resources to be devoted to the Wales case.”
Speculation as to Politicization of Investigation - Many involved in the investigation believe that the Wales murder is a low priority for the DOJ because his liberal politics clash with the rightward tilt of the senior officials appointed by the Bush administration.
Aggressive but Appropriate - A 2008 Justice Department investigation of the 2006 US Attorney firings (see September 29, 2008) will find no reason to dispute McKay’s recollection of events. Both Thompson and Wray will describe McKay as being aggressive about making sure the investigation has adequate resources. Thompson will recall no tension between himself and McKay, though he will recall some of his then-staff members complaining about McKay’s pressure and demands for resources. Thompson will admit to becoming irritated with McKay on occasion, but will emphasize that McKay conducted himself in an appropriate manner at all times. It was “not new in the annals of the Department of Justice [that] a DAG got aggravated with a US Attorney,” he will say. He will not recall discussing the matter with Kyle Sampson, the chief of staff to Attorney General Alberto Gonzales and the architect of the plan to fire the US Attorneys (see November 15, 2006). Wray will recall that some in the DOJ considered McKay to be “high maintenance,” in regard to the Wales investigation and with other issues. While some in the DAG’s office informally discussed McKay’s behavior among themselves, Wray will recall, no formal review of his conduct was ever undertaken. Wray will also not recall any discussions with Sampson, though he will say he kept Gonzales’s office apprised of the events surrounding the Wales investigation. Margolis will recall McKay being somewhat emotional about the Wales case and extremely pushy, he found his conduct entirely justifiable considering the situation. Margolis will say that he doubts Sampson would have listed McKay for removal because of his interactions with Thompson. [New Yorker, 8/6/2007; US Department of Justice, Office of the Inspector General, 9/29/2008]
Remains Unsolved - The Wales murder will remain unsolved. [New Yorker, 8/6/2007]
Entity Tags: D. Kyle Sampson, Bush administration (43), Alberto R. Gonzales, Christopher Wray, Charles Mandigo, US Department of Justice, Federal Bureau of Investigation, John L. McKay, Thomas C. Wales, David Margolis, Larry D. Thompson
Timeline Tags: Civil Liberties
EPA Administrator Christie Whitman continues to reassure the public regarding environmental conditions in Lower Manhattan and says: “Those of us in government and the media share an obligation to provide members of the public, in a responsible and calm manner, with the information they need to protect themselves and their families from any environmental hazards that may result from the attacks on the World Trade Center.” [New York Daily News, 10/31/2001]
Walter Isaacson. [Source: Amazon (.com)]CNN chairman Walter Isaacson orders his staff to balance the network’s coverage of civilian devastation in Afghan cities with reminders that the Taliban harbors murderous terrorists who attacked the US on 9/11. Isaacson says it “seems perverse to focus too much on the casualties or hardship in Afghanistan.” In an internal memo to his international correspondents, he writes: “As we get good reports from Taliban-controlled Afghanistan, we must redouble our efforts to make sure we do not seem to be simply reporting from their vantage or perspective. We must talk about how the Taliban are using civilian shields and how the Taliban have harbored the terrorists responsible for killing close to 5,000 innocent people.” [Milwaukee Journal Sentinel, 10/31/2001] Inside sources later say that CNN is bowing to pressure from certain segments of its viewing audience. [Toronto Star, 9/8/2002]
Suggested Endings Reiterate Pentagon Statements - In a corollary memo, CNN’s head of standards and practices, Rick Davis, writes: “As we get enterprising reports from our correspondents or Al Jazeera inside Afghanistan, we must continue to make sure that we do not inadvertently seem to be reporting uncritically from the perspective or vantage of the Taliban. Also, given the enormity of the toll on innocent human lives in the US, we must remain careful not to focus excessively on the casualties and hardships in Afghanistan that will inevitably be a part of this war, or to forget that it is the Taliban leadership that is responsible for the situation Afghanistan is now in.” Davis orders CNN reports from Afghanistan to end with a formulaic reminder, such as the following: “We must keep in mind, after seeing reports like this, that the Taliban regime in Afghanistan continues to harbor terrorists who have praised the September 11 attacks that killed close to 5,000 innocent people in the US.” Another suggested ending: “The Pentagon has repeatedly stressed that it is trying to minimize civilian casualties in Afghanistan, even as the Taliban regime continues to harbor terrorists who are connected to the September 11 attacks that claimed thousands of innocent lives in the US.” If relevant to the piece, the correspondent can end with the reminder that “the Pentagon has stressed that the Taliban continues to harbor the terrorists and the Taliban forces are reported to be hiding in populated areas and using civilians as human shields.” Davis concludes, “Even though it may start sounding rote, it is important that we make this point each time.” Isaacson tells reporters: “I want to make sure we’re not used as a propaganda platform. We’re entering a period in which there’s a lot more reporting and video from Taliban-controlled Afghanistan. You want to make sure people understand that when they see civilian suffering there, it’s in the context of a terrorist attack that caused enormous suffering in the United States.” Presenters on CNN International are not subject to the edict. [Guardian, 11/1/2001]
Correspondents Fear 'Pro-American Stamp' on CNN Reporting - Some CNN correspondents worry that the network will put an overtly “pro-American stamp” on their reports; CNN executives worry that images showing misdirected US missile attacks landing on residential areas or Red Cross warehouses could be manipulated before they come out of Afghanistan. Some have criticized network coverage of the destruction rained on Afghan cities, towns, and villages by errant US bombs, while others say such coverage is necessary to present more than one side of the issue. CNN, like other American networks, airs hours of coverage every day of President Bush and his top officials. [Milwaukee Journal Sentinel, 10/31/2001; Guardian, 11/1/2001] In 2002, then-CNN foreign correspondent Anthony Collings will say that “the Pentagon must surely have been pleased to learn that whenever its planes killed the wrong Afghans, CNN would quickly provide PR damage control.” [Toronto Star, 9/8/2002]
Some Pundits Agree with CNN's Position - Fox News anchor Brit Hume agrees that stories of casualties should not be emphasized, explaining, “Civilian casualties are historically, by definition, a part of war.” National Public Radio White House correspondent Mara Liasson agrees with Hume, noting, “War is about killing people; civilian casualties are unavoidable.” [Bob Zelnick, 3/22/2003]
Other Networks Not Following Suit - Other US news networks do not follow CNN’s lead. Jim Murphy, executive producer of the CBS Evening News, says: “I wouldn’t order anybody to do anything like that. Our reporters are smart enough to know it has to be put in context.” NBC News vice president Bill Wheatley adds, “I’d give the American public more credit, frankly.” In Britain, the BBC has no plans to put any such reminders on its broadcasts, but a spokeswoman for that network says, “Correspondents may or may not decide to put in this sort of detail in their reports to put things in context.” [Guardian, 11/1/2001]
Issue Not Relevant if Good Journalistic Standards Observed - In 2003, veteran foreign correspondent Robert Zelnick will write that the entire issue should have been moot, as long as reporters and networks followed strong standards of journalism. It is newsworthy in a tactical, a psychological, and a propagandistic sense to report civilian casualties, Zelnick will observe, especially when the targeting of civilians is deliberate. He cites examples of media coverage in Korea, Kosovo, and especially Vietnam, that galvanized public debate on those wars. “[N]o reasonable case can be made for temporizing reports of the war’s impact on the civilians that US forces were fighting to ‘save,’” he will write. On the other side, he will cite the US invasion of Panama in 1989, the 1991 Persian Gulf War, and Israel’s ongoing battles with the Palestinians as examples of wars fought with little US media coverage of civilian casualties; as a result, relatively few Americans raised objections or expressed doubts about those military actions. [Bob Zelnick, 3/22/2003]
Entity Tags: Brit Hume, Al Jazeera, Anthony Collings, Bill Wheatley, US Department of Defense, Walter Isaacson, Rick Davis, Robert Zelnick, CNN, Mara Liasson, Jim Murphy
Timeline Tags: Domestic Propaganda, War in Afghanistan
Deputy White House counsel Timothy Flanigan presents his subordinate, associate counsel Bradford Berenson, with a draft presidential order he has written establishing military tribunals for suspected terrorists. The draft order declares that President Bush is invoking his wartime powers as commander in chief to establish a system of military tribunals, sometimes called military commissions.
Commissions More 'Flexible' - In the White House’s view, military tribunals offer several advantages over either civilian court trials or military courts-martial, as is being discussed in the interagency working group on prosecuting terrorists at the State Department (see Shortly Before September 23, 2001). Civilian trials would be subject to public scrutiny and media spectacle, and would pose a problem of security risks. Military courts-martial are quite rigid in their procedures and rules of evidence. Military commissions, as envisioned by Flanigan and the two other White House lawyers who put together the scheme—Berenson and David Addington, the chief counsel for Vice President Cheney—would offer more “flexibility” for the use of evidence gathered either under battlefield conditions or in interrogations, evidence that might not meet the standards of either a court-martial or a civilian trial. And, as author Charlie Savage will later note, “commissions enhanced presidential power by concentrating the process in the executive branch alone.”
A 'Relic' - Savage will explain: “Under normal trials, Congress defines a crime and sets the sentence for it; the executive branch investigates and prosecutes people who are accused of committing the crime; and the judicial branch runs the trial, decides whether to admit evidence, determines whether the defendant is guilty or innocent, and hears any appeal. With a military commission, all these powers were collapsed into the hands of the armed forces and, ultimately, their commander in chief. Although fairly common in nineteenth-century conflicts, military commissions were a relic: They had not been used by the United States since World War II.”
Support from Justice Department Lawyer - Their work will be bolstered when Justice Department lawyer Patrick Philbin issues a secret memo declaring that the president has the inherent authority to order military commissions (see November 6, 2001). Flanigan, Berenson, and Addington never inform the interagency working group of their own work, although they made use of the working group’s research. Flanigan, Berenson, and Addington cite Philbin’s memo as the definitive word on the president’s authority. When President Bush announces the order establishing the commissions (see November 13, 2001), the order abruptly short-circuits the interagency working group and renders its work irrelevant. [Savage, 2007, pp. 134-135]
According to author Ron Suskind, some time in November the US makes a deal with Pakistani President Pervez Musharraf. Pakistan will seal off the passages to Pakistan from the Tora Bora region in Afghanistan where Taliban and al-Qaeda forces are expected to gather. In return, the US will give Pakistan nearly a billion dollars in new economic aid. Pakistan will fail to effectively seal the border in the next month (see December 10, 2001) and almost the entire force in Tora Bora will escape into Pakistan. [Suskind, 2006, pp. 58]
Dennis Saccher, the FBI’s special agent in charge of Turkish counter-intelligence, develops suspicions about Melek Can Dickerson, a translator in his department who has lost information on several wiretaps and who he believes has forged signatures on certain documents. He reports his concerns to the FBI headquarters and his boss, Supervisory Special Agent Tom Frields. [Anti-War (.com), 8/22/2005]
FBI translator Melek Can Dickerson recommends in a proposal to supervisor Mike Feghali that the Bureau’s Turkish language department adopt a new system for assigning translation tasks. Instead of the current system that randomly distributes assignments to translators, she suggests that each translator be permanently responsible for certain targets. Included with her proposal is a list of recommended assignments for each of the department’s translators. Under the proposed arrangement, she would be assigned to the phone lines of the American-Turkish Council (ATC) along with three other “high-value” diplomatic targets. Dickerson formerly worked for the ATC as an intern and is currently a personal friend of at least one of those high-value targets. She discusses her proposal alone with Feghali in his office for most of the afternoon. The following day, Feghali sends an email announcing that he has decided to adopt the new system proposed by Dickerson. [Vanity Fair, 9/2005] As a result of the new arrangement, Dickerson, a mere “monitor,” has exclusive access to her targets’ wiretapped communications. (An FBI translator is either a “linguist” or a “monitor” for any given language. Linguists are more qualified and consequently have broader roles. For example, while linguists can to do verbatim translations, monitors may only produce summaries. [Anti-War (.com), 7/1/2004] ) From this point on, none of the recorded conversations for these targets will be reviewed by an official department linguist, or any other translator for that matter. [Vanity Fair, 9/2005]
FBI agent Jack Cloonan arrives in Sudan with several other FBI agents and is given permission by the Sudanese government to interview some al-Qaeda operatives living there. The interviews were conducted at safe houses arranged by Sudanese intelligence. Cloonan interviews Mubarak al Duri, an Iraqi. He lived in Tuscon, Arizona, in the late 1980s and early 1990s and was al-Qaeda’s chief agent attempting to purchase weapons of mass destruction (see 1986). Cloonan will later claim that al Duri and a second Iraqi al-Qaeda operative laughed when asked about possible bin Laden ties to Saddam Hussein’s government. “They said bin Laden hated Saddam.” Bin Laden considered Hussein “a Scotch-drinking, woman-chasing apostate.” Cloonan also interviews Mohammed Loay Bayazid, an American citizen and founding member of al-Qaeda (see August 11-20, 1988), who ran an al-Qaeda charity front in the US (see December 16, 1994). [Los Angeles Times, 4/29/2005] The CIA will interview them in 2002, but they apparently remain free in Sudan (see Mid-2002).
In the late autumn of 2001, when US-allied forces are overrunning Taliban positions in Afghanistan, the Darunta camp run by al-Qaeda is seized and searched. Al-Qaeda leader Midhat Mursi (a.k.a. Abu Khabab al-Masri) ran al-Qaeda’s WMD program and conducted crude chemical weapons experiments there. The CIA recovers one document there by Mursi that refers to connections between al-Qaeda and Pakistani nuclear scientists. It reads, in part, “As you instructed us you will find attached a summary of the discharges from a traditional nuclear reactor, amongst which are radioactive elements that could be used for military ends. One can use them to contaminate an area or halt the advance of the enemy. It is possible to get more information from our Pakistani friends who have great experience in this sphere.” [Bergen, 2006, pp. 345; Levy and Scott-Clark, 2007, pp. 294] This could be a reference to links between al-Qaeda and the Pakistani nuclear scientists working with the Ummah Tameer-e-Nau charity front (see 2000 and Mid-August 2001).
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