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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).
Shortly after State Department official Hillary Mann joins the National Security Council staff as its resident Iran expert, she flies to Europe with senior State Department official Ryan Crocker to establish contact with Iranian government officials. Iran has let the US know through back channels that it is ready to re-establish diplomatic relations (see Fall 2001); Mann’s efforts were critical in the early stages of diplomatic contacts (see September 11, 2001). Mann and Crocker meet with Iranian diplomats in the old United Nations building in Geneva, and the two sides hammer out an agreement for Iran’s assistance in the war against the Taliban. The Iranians agree to provide assistance if any American fliers are shot down near their border with Afghanistan, let the US ship food across their borders, work with the Americans to intercept Iraqi oil being shipped out of the Persian Gulf, and even help capture some “really bad Afghans,” particularly anti-American warlord Gulbuddin Hekmatyar, whom they agree to quietly put under house arrest in Tehran. In addition, the Iranians offer the US tactical assistance in the war against the Taliban, including sharing their deep knowledge of the Taliban’s strategic capabilities. Simultaneously, special envoy James Dobbins has a successful meeting with the Iranian deputy foreign minister in Bonn, Germany, discussing Iranian involvement in establishing a new government for Afghanistan. Mann will recall one meeting with Iranian officials shortly after the US began bombing Taliban targets (see October 19, 2001); an Iranian interrupts a rather desultory conversation about a future Afghani constitution by pounding on the table and shouting, “Enough of that!” He then unfurls a map of Afghanistan and begins jabbing his finger at points on the map, telling Mann and her colleagues that the Americans need to bomb this and that target. [Esquire, 10/18/2007; Scoblic, 2008, pp. 245-246]
An air traffic controller at the FAA’s New York Center who was recorded recalling her actions during the 9/11 attacks is denied a request to listen to her taped statement, possibly while she is preparing a written statement about the attacks. [US Department of Transportation, 5/4/2004 ] Six controllers at the New York Center who communicated with, or tracked, two of the hijacked aircraft on 9/11 were recorded later that day giving their personal accounts of what happened (see 11:40 a.m. September 11, 2001). [Washington Post, 5/6/2004] Mike McCormick, the center’s manager, told the union official representing these controllers that they would be able to use their taped statements to help them prepare written ones (see (Shortly Before 11:40 a.m.) September 11, 2001).
Controller Told No One Can Hear Tape - However, when one of the controllers asks to listen to her own oral statement, she is told by Kevin Delaney—the New York Center’s quality assurance manager, who is the tape’s custodian—that the tape is not meant for anyone to hear. It is unclear if the controller wants to hear the tape to help her prepare a written statement about the attacks. According to a 2004 report by the Department of Transportation’s Office of Inspector General (see May 6, 2004), she asks “to listen to the tape in preparing her written statement.” The five controllers that were recorded on September 11 who subsequently provide written statements prepare those statements within three weeks of 9/11 (see (Between September 11 and October 2, 2001)), but, according to Delaney, this controller asks to listen to the tape in November 2001, which would be after the written statements are provided.
Controller Requests Tape Again in 2003 - The tape of the controllers’ statements will be destroyed at some point between December 2001 and February 2002 (see Between December 2001 and February 2002), without any of the controllers having listened to it. The controller who requests to hear her own recorded statement will again ask to listen to the tape around September or October 2003, when she is to be interviewed by the 9/11 Commission, but, as it has already been destroyed by then, the tape cannot be located. [US Department of Transportation, 5/4/2004 ; Air Safety Week, 5/17/2004]
The FAA’s New York Center submits a “formal accident package” of evidence relating to the 9/11 attacks to FAA headquarters in Washington, DC, but a manager at the center deliberately excludes from it an audio tape on which several air traffic controllers recalled their experiences with the hijacked aircraft. [US Department of Transportation, 5/4/2004 ; Washington Post, 5/6/2004] This tape was created on September 11, shortly after the attacks occurred, when six controllers at the New York Center who communicated with, or tracked, two of the hijacked aircraft were recorded giving their personal accounts of what happened (see 11:40 a.m. September 11, 2001). [Washington Post, 5/6/2004] The tape was then logged into the center’s formal record of evidence. [US Department of Transportation, 5/4/2004 ]
Evidence Package Required for Air Accidents - FAA policy requires that a formal accident package be provided for all aircraft accident investigations, including military investigations, when FAA air traffic facilities were, or may have been, involved in the accident. A formal accident package must include “all pertinent records, personnel statements, transcriptions of voice recordings, charts, operation letters, letters of agreement, and facility memoranda.” [Federal Aviation Administration, 8/16/2000 ] Kevin Delaney, the New York Center’s quality assurance manager, has had an argument with FAA headquarters over whether the events of 9/11 should be declared an aircraft accident or an incident. Less information needs to be provided in an incident package than in an accident package. But as the 9/11 attacks are deemed an accident, Delaney is supposed to provide the names of everyone involved in them, including those that died at the World Trade Center. He must also provide transcripts and other information relating to the status of the aircraft involved, which would not be included in an incident package. [9/11 Commission, 9/30/2003 ]
Package Returned for Extra Work - The New York Center submits its formal accident package to FAA headquarters in November 2001, but the package is returned to the center the following month for additional work. It is re-sent and finalized in May 2002.
Delaney Decides to Omit Tape - The formal accident package includes written statements about the 9/11 attacks that have been provided by controllers whose accounts were recorded on the audio tape (see (Between September 11 and October 2, 2001)). But Delaney makes a conscious decision not to also include that tape in the package. His reason for this, he will later say, is that including it would mean losing control of the tape, thereby being unable to keep a promise he made to the National Air Traffic Controllers Association that he would “get rid of” it (see October 2001-February 2002). At some point after the initial submission of the package, between December 2001 and February 2002, Delaney deliberately destroys the tape of the controllers’ statements (see Between December 2001 and February 2002). [US Department of Transportation, 5/4/2004 ]
Mohamed Alanssi, a Yemeni currently in the US on business, goes to the FBI’s New York field office to offer his services as an informant against al-Qaeda. He offers the bureau information on alleged al-Qaeda financers working in Yemen and quickly becomes an important mole. His case is handled by Robert Fuller, an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001). Alanssi travels to Yemen to gather intelligence on occasions, and will film a key terrorism financier, Mohammed Ali Hassan al-Moayad, making incriminating statements in 2003 (see January 2003). In an affidavit supporting Moayad’s arrest warrant, Fuller will say that he has been working with a Yemeni informant, apparently Alanssi, since November 2001 and that the informant has provided reliable information and “contributed, in part, to the arrests of 20 individuals and the seizure of over $1 million.” However, the relationship between Alanssi and the bureau will later go sour and Alanssi will immolate himself in front of the White House (see November 15, 2004). [Washington Post, 11/16/2004]
Scores of family planning clinics in at least 12 states have received letters containing anthrax threats, according to officials of feminist and abortion-rights organizations. Eleanor Smeal of the Feminist Majority Foundation says that over 200 clinics and advocacy organizations received letters in early November, all delivered in Federal Express envelopes. The envelopes that were opened contained a suspicious white powder and letters signed by the Army of God (AOG), a violent anti-abortion group (see 1982). This was the second such mailing in recent weeks; the first mailing was comprised of some 280 letters containing threatening letters and white powder purporting to be anthrax. None of the powder in any of the envelopes contained real anthrax; the letters were apparently hoaxes. Some of the letters in the latest mailings said: “You’ve ignored our earlier warnings. You’ve been exposed to the real thing. High-quality.” Groups targeted by the mailings include the Feminist Majority Foundation, the Center for Reproductive Law and Policy, Catholics for a Free Choice, Advocates for Youth, and the American Association of University Women. The persons responsible for the mailings somehow obtained the account numbers of two pro-choice organizations, the Planned Parenthood Federation of America and the National Abortion Federation, and used those accounts to pay for the mailings. The mailings have been traced to at least three drop-off locations in Virginia and Philadelphia. More packages are believed to be en route, and Federal Express is trying to intercept them. “I think the people responsible are despicable,” says Vicki Saporta of the National Abortion Federation. “They actually used our account number and our address, so our members would feel comfortable opening them.” Gloria Feldt, president of the Planned Parenthood Federation of America, says: “These letters are designed to terrorize us, and disrupt our work and our lives. That’s terrorism, plain and simple, and we take it very seriously.… The fact that they would forge the names of our staff members to terrorize employees is truly evil. Their heinous activities will not succeed.” Brian Emanuelson of the Connecticut Department of Environmental Protection says, “These were intended to be a threat to scare people and we want to make sure this is not what they say it is.” [CBS News, 11/9/2001] The anthrax mailings were from anti-abortion activist and AOG member Clayton Waagner (see 1997-December 2001).
Entity Tags: Feminist Majority Foundation, Brian Emanuelson, Army of God, American Association of University Women, Advocates for Youth, Catholics for a Free Choice, Eleanor Smeal, Center for Reproductive Law and Policy, Planned Parenthood, Gloria Feldt, Clayton Waagner, National Abortion Federation, Vicki Saporta
Timeline Tags: US Health Care, US Domestic Terrorism
A classified report by the FBI’s Investigative Services Division says: “In addition to frequent and sustained interaction between and among the hijackers of the various flights before September 11, the group maintained a web of contacts both in the United States and abroad. These associates, ranging in degrees of closeness, include friends and associates from universities and flight schools, former roommates, people they knew through mosques and religious activities, and employment contacts. Other contacts provided legal, logistical, or financial assistance, facilitated US entry and flight school enrollment, or were known from [Osama bin Laden]-related activities or training.” [Sperry, 2005, pp. 67-68] But in June 2002, FBI Director Robert Mueller will contradict this, saying: “To this day we have found no one in the United States except the actual hijackers who knew of the plot.… As far as we know, they contacted no known terrorist sympathizers in the United States” (see June 18, 2002).
Recently hired FBI translator Melek Can Dickerson (see (Late October 2001)) begins marking as “not pertinent” wiretapped conversations that concern certain high-value surveillance targets working at the American-Turkish Council (ATC). As it later emerges, Dickerson previously worked as an intern for the ATC and maintains ongoing relationships with at least two individuals under investigation. [Washington Post, 6/19/2002; New York Observer, 1/22/2004; Vanity Fair, 9/2005] She also manages to obtain, and prevent from being translated, assignments designated for co-worker Sibel Edmonds. These wiretaps, which she marks as being completed by Edmonds, concern the same targeted persons. [New York Observer, 1/22/2004]
Juma al-Dosari. [Source: PBS]In November 2001, al-Qaeda operative Juma al-Dosari is captured in Afghanistan. He is soon transferred to the Guantanamo prison. During interrogation in the spring of 2002, he reveals several aliases and that he was trying to recruit a group of US citizens in New York state known as the “Lackawanna Six.” Based on the aliases, US intelligence realizes they have already intercepted communications between him and Osama bin Laden’s son Saad bin Laden, and also him and al-Qaeda leader Khallad bin Attash. They learn he has a long history with al-Qaeda, having fought in Afghanistan, Bosnia, and Chechnya. He was arrested in Kuwait and Saudi Arabia on different occasions for involvement in the 1996 Khobar Towers bombings (see June 25, 1996). He first went to the US in 1999, staying several months in Indiana. Then he got a job at a mosque in Bloomington, Indiana, in the autumn of 2000. He began traveling around the US as a visiting imam, but investigators believe this was just his cover while he worked to recruit for al-Qaeda. In April 2001, he visited Buffalo, New York, and helped convince the “Lackawanna Six” to go to Afghanistan (see April-August 2001). He left the US for Afghanistan in late September 2001. The FBI gets this information in May 2002 and begins monitoring the “Lackawanna Six,” as they are all back in the US. Investigators suspect al-Dosari recruited others in other cities, but they do not know who. [PBS Frontline, 10/16/2003; PBS Frontline, 10/16/2003] In 2007, al-Dosari will be released from Guantanamo without explanation and set free in Saudi Arabia (see July 16, 2007).
Shortly after the US invasion of Afghanistan (see October 19, 2001), the CIA takes control of an abandoned brick factory, and turns it into a training facility and secret prison. The facility, code-named the “Salt Pit,” is a 10-acre facility just north of Kabul. It is used to train Afghan counterterrorism forces and to house prisoners. The agency intends the Salt Pit to be a “host-nation facility,” manned and operated entirely by Afghans, in part so that CIA officials cannot be held accountable for the actions taken by the Afghan guards and interrogators. Similar methodologies are used in secret CIA prisons in other countries. However, the CIA pays the entire cost of maintaining the facility. It vets the guards who work there, and decides which prisoners will be kept in the facility, including some senior al-Qaeda operatives who will eventually be transferred to other facilities such as Guantanamo. Sometime before March 2005, the CIA will transfer its operations to another facility, and the Salt Pit will be demolished. [ABC News, 11/18/2005]
White House deputy press secretary Scott McClellan will, in 2008, write: “As soon as [President] Bush decided to confront Iraq, the groundwork for a public campaign began to be laid. The new doctrine on preemption (see Fall 2002) was part of the elaborate effort. So was the gradual ratcheting up of the rhetoric from late 2001 into 2002. Before 9/11, our rhetoric about Iraq had focused on warning Saddam Hussein not to develop weapons of mass destruction, while the policy centered on containing him with enhanced sanctions (see February 2001).… But by late November, the president was not ruling out military action against Iraq and he was saying that Iraq would be held accountable if it was found to be developing WMD.” [McClellan, 2008, pp. 135-136]
Wayne Downing. [Source: US Army]Wayne Downing, a retired Army general who recently replaced Richard Clarke as the White House counterterrorism “tsar,” is drawing up plans for a US takeover of Iraq on his own initiative. [Washington Post, 1/12/2003 Sources: Unnamed senior administration official] Downing, who had previously been an adviser to the Iraqi National Congress (INC) exile group, is said to favor a rebellion more than a US military invasion, similar to a plan he drew up in 1998 (see July 1998). [United Press International, 6/27/2002]
A team of specialists from UC Davis, the Detection and Evaluation of Long-range Transport of Aerosols (DELTA) Group, sends the results from their first samples (see October 2, 2001-Mid-December, 2001) to the Lawrence Berkeley National Laboratory’s Advanced Light-Source Lab. Since October 2, the group has been conducting air sampling from the roof of 201 Varick St., located one mile north-northeast of the WTC site, at the request of the Department of Energy. According to the team, data indicates that the WTC plume “in many ways [resembles] those seen from municipal waste incinerators and high temperatures processes in coal-fired power plants.” A summary report of the data concludes: “The size fractions above 1 micrometer contained finely powdered concrete gypsum, and glass, with soot-like coatings and anthropogenic metals, but little asbestos. Composition in the very fine size range (0.26 > Dp > 0.09) was dominated by sulfuric acid and organic matter, but, including polycyclic aromatic hydrocarbons (PAHs) and their derivatives, and glasslike silicone containing aerosols.” [JOM, 12/1/2001; Dateline (Univ of Calif, Davis), 2/15/2002; Chemical and Engineering News, 2/18/2002]
Mohammed Junaid Babar. [Source: London Times]In early November 2001, a young man using the name Mohammad Junaid appears in several print interviews in Pakistan. He appears unmasked in video interviews shown on CNN in the US and ITN in Britain. He says that he is going to fight US soldiers in Afghanistan with the Taliban even though he is a US citizen and his mother was in the World Trade Center on 9/11 and barely survived the attack. He says, “I will kill every American that I see in Afghanistan, and every American I see in Pakistan.” In fact, his full name is Mohammed Junaid Babar. [Boston Globe, 11/6/2001; London Times, 5/3/2007] He is a long-time member of Al-Muhajiroun, a radical Islamist group based in Britain but which also has a New York branch that Babar is involved with. [Guardian, 4/30/2007]
Placed on Watch List and Monitored - Babar is immediately placed on no-fly watch lists and monitored by intelligence agencies. The Washington Post will later report, “US counterterrorism officials said Babar first hit their radar screen in late 2001…” [Washington Post, 7/25/2005] Jon Gilbert, who interviews him in Pakistan in November 2001, will later say, “The authorities had been diligently tracking him since the day our first interview had been aired.” Babar left the US shortly after the 9/11 attack, and apparently had no ties with Islamist militants prior to his departure.
Babar Lives in Pakistan, Works with Al-Qaeda - He does not return there for some time. Instead, he lives in Pakistan and frequently makes trips to Britain (but is not stopped from coming or going, despite being on the watch list). He becomes increasingly involved in helping al-Qaeda with logistics, such as fund-raising, supplying equipment from overseas, and helping to set up training camps in Pakistan’s tribal regions. He also becomes actively involved in a fertilizer bomb plot in Britain. in 2002, he sometimes he attends talks by radical imam Abu Hamza al-Masri with other members of the fertilizer plot in London’s Finsbury Park mosque. [Washington Post, 7/25/2005; Guardian, 4/30/2007; London Times, 5/3/2007]
Monitored Meeting with Key Militants - Meanwhile, intelligence agencies continue to monitor him. Details on such surveillance are scanty, but he apparently is monitored meeting with lead 7/7 London bomber Mohammad Sidique Khan in England in 2003 (see 2003). Newsweek will also later mention that “Babar was tracked flying off [in early 2004] to South Waziristan in Pakistan, where he attended what some analysts believe was a terror summit that included the notorious al-Qaeda operative Adnan Shukrijumah and Dhiren Barot, the operative suspected of casing New York financial institutions a few years earlier” (see March 2004). His Internet use at a public library is also monitored, and he is said to exchange messages with al-Qaeda operatives. [Newsweek, 1/24/2005]
Arrested in US - Babar finally returns to the US on April 6, 2004, although why he does this is a mystery since his confederates in the fertilizer bomb plot had been arrested in Canada, Britain, and Pakistan just days earlier, and their arrests had been immediately publicized (see Early 2003-April 6, 2004). Babar is arrested by the FBI four days after his arrival, and quickly begins completely cooperating with the authorities (see April 10, 2004).
Suspicions He Was US Agent Since 2001 - The London Times will later comment, “Some suggest that he may have already been an FBI agent” before he was arrested. [London Times, 5/3/2007] The BBC will similarly say, “Inevitably there were suspicions that he’d been an FBI agent all along.” [BBC, 5/25/2007] But while that issue remains unclear, he proves to be an increasingly valuable source of information about al-Qaeda as more is learned about what he knows. One US law enforcement official will say in late 2005, “This guy’s connection to different cells and plots just seems to be expanding. He is the fish that is getting bigger.” [Washington Post, 7/25/2005]
George W. Bush signs Executive Order 13233 which limits public access to papers of all presidents since 1980. A 1978 law provided for the release of presidential papers 12 years after the president leaves office, so Ronald Reagan’s papers would have been released next year. Reagan issued an order in 1989 that called for disclosure of most of his official papers 12 years after he left office but under the new executive order the papers can be kept secret even if the president in question wants them released. President Bush’s father was vice president during the Reagan administration. [Seattle Post-Intelligencer, 11/8/2001] The Guardian notes that now Bush’s “personal papers detailing the decision-making process in the current war on terrorism could remain secret in perpetuity.” [Guardian, 11/2/2001] In March 2001, Bush signed a temporary order delaying the release of these papers for 90 days, and then signed for another 90 day delay before signing this order making the change permanent (see January 20, 2001). [New York Times, 1/3/2003]
'Executive Fiat' - Bush’s executive order radically reforms the PRA and unilaterally imposes limitations never contemplated by Congress. Bush is, according to former Nixon White House counsel John Dean, “in essence… repealing an act of Congress and imposing a new law by executive fiat.” If not overturned by Congress or lawsuits, the executive order mandates the following, according to Dean:
Former presidents can keep their papers sealed indefinitely.
Vice presidents have the power to invoke executive privilege, an authority limited to the president since 1969.
The burden shifts from a presumption to release presidential documents unless good cause exists to keep them sealed, to the opposite, where an applicant must show good cause why a set of documents should be unsealed.
Any request to release a former president’s papers must be approved by both the former president and the current incumbent. Either one’s objection keeps the papers sealed.
“Representatives of former presidents” may invoke executive privilege after a former president’s death. Dean will write, “Although there is no constitutional basis whatsoever for this, under Bush’s order such a right can be passed from generation to generation, to friends, anyone.”
Tom Connors of the Society of American Archivists will say, “What seems to be coming out of the [Bush-Cheney] administration is the idea that public information is a dangerous thing.” Historian Hugh Davis Graham, who will, before his death, take part in a lawsuit to overturn the order, will observe, “George W. Bush has a fetish for secrecy. And unless this executive order is overturned, it will be a victory for secrecy in government—a victory so total that it would make [former president Richard] Nixon jealous in his grave.” Dean will add, “Bush and Cheney assumed office planning to take total and absolute control of executive branch information. The truth will be what they say it is. They will decide what the public should know and when, if ever.” [Dean, 2004, pp. 89-92]
General Wesley Clark, the former supreme allied commander of NATO, meets with an unnamed senior general at the Pentagon. Six weeks earlier, this general had told him, “We’ve made the decision we’re going to war with Iraq” (see September 20, 2001). Now Clark asks if the plan to attack Iraq is still under consideration. [Democracy Now!, 3/2/2007; Salon, 10/12/2007] According to Clark, the general replies, “Yes, sir, but it’s worse than that.” He holds up a piece of paper and says: “I just got this memo… from the office of the secretary of defense upstairs. It’s a, it’s a five-year plan. We’re going to take down seven countries in five years. We’re going to start with Iraq, then Syria, Lebanon, then Libya, Somalia, Sudan, we’re going to come back and get Iran in five years.” When the general says the paper is classified, Clark tells him, “Well, don’t show it to me, because I want to be able to talk about it.” [WesPAC, 10/13/2006] Clark will tell CNN this paper “wasn’t a plan. Maybe it was a think piece. Maybe it was a sort of notional concept, but what it was was the kind of indication of dialogue around this town in official circles.” [CNN, 9/16/2007] Clark also later claims that when he sees the general again around early 2006 and asks him about the paper, the general replies: “Sir, I didn’t show you that memo! I didn’t show it to you!” [Democracy Now!, 3/2/2007]
The FBI alerts InfraGard members (see 1996-2008) of a potential terrorist threat to bridges in California. Officials of Enron are also notified. However, the FBI does not immediately notify California governor Gray Davis, who learns of the threat from his brother, Barry Davis, an employee of the financial firm Morgan Stanley. Davis’s press secretary, Steve Maviglio, later recalls: “[Governor Davis] said his brother talked to him before the FBI. And the governor got a lot of grief for releasing the information. In his defense, he said, ‘I was on the phone with my brother, who is an investment banker. And if he knows, why shouldn’t the public know?‘… You’d think an elected official would be the first to know, not the last.” [Progressive, 2/7/2008]
Several government experts testify at a New York City Council meeting on environmental conditions following the collapse of the World Trade Center towers. [New York Daily News, 11/1/2001] Kathleen Callahan, deputy regional director of the Environmental Protection Agency (EPA), insists that New Yorkers living and working near the World Trade Center site are not in danger. “The vast majority of our tests find levels of these contaminants pose no significant long term health risks to residents, business employees and visitors beyond Ground Zero,” she says, repeating what earlier EPA statements have asserted. Downplaying the danger of those areas where higher asbestos levels have been found, she states—falsely (see April 18, 1989)
(see October 3, 2001-March 1, 2004)
—that “EPA and Occupational Safety and Health Administration standards are set many times below the level at which you would expect health impacts.” She advises New Yorkers who live or work in the affected areas to “follow the recommendations of the New York City Departments of Health and Environmental Protection on how to clean up properly (see September 17, 2001).” [Environmental Protection Agency, 11/1/2001] Another expert, Dr. Jessica Leighton, assistant city health commissioner for environmental risk assessment, similarly states that people living and working in Lower Manhattan have little to worry about. She says in response to a question whether or not “people are safe at the present level” of contamination: “As far as the science has shown us right now, that is absolutely correct.” Like Callahan, she claims that EPA standards are overly protective. “The standards or tolerance levels that are being used are very conservative,” she claims. “For example, for asbestos, we are using the standard that is used for indoor air quality for reentry into a school after asbestos removal, which is the most stringent standard, as the tolerance level or standard for outdoor air quality in the residential areas. This is also true for other substances, such as dioxins, identified at the perimeter of the site…. Moreover, these standards have been designed to include many safety factors so that acceptable levels of exposure are far below the levels at which health effects are expected to occur.” [New York City Department of Health, 11/1/2001] Joel Kupferman, executive director of the New York Environmental Law and Justice Project, questions the accuracy of Leighton’s and Callahan’s statements and accuses them of withholding some test results. [New York Daily News, 11/1/2001] Kathryn Freed, a New York City Council Member who represents Lower Manhattan, said she was not convinced by agency assurances, noting that firemen are already showing symptoms of emphysema, a terminal disease for which there is no cure. “Just because it doesn’t reach a certain level is really irrelevant when people are sick,” says Marc Ameruso, a member of the area’s community board. [New York Daily News, 11/1/2001]
Nicole Pollier, a legal intern at Center for Constitutional Rights, testifies before the Environment Committee of the New York City Council and discusses health concerns at the WTC recovery site. She says that the Center found that “virtually none of the people working at the WTC disaster site are or have been wearing any personal protective equipment,” which the organization attributes to a lack of organized training. Only 5-10 percent of the workers wear disposable dust masks, she said. Additionally, “workers leaving the site are not decontaminated, nor do they use the washing stations that have been set up at the perimeter of the site by volunteer organizations.” Pollier says the Center blames OSHA which has taken the position that the site’s designation as a “search and rescue” operation denies it the authority to enforce safety laws. There have been “no mandated training sessions, and no enforcement of personal protective equipment requirements or exposure monitoring requirements,” she explains. Instead, OSHA has played a consultative role as a technical adviser. Pollier says that the Center disagrees with OSHA’s position, calling attention to a 1991 directive entitled “OSHA Response to Significant Events of Potentially Catastrophic Consequences,” which states: “The OSH Act requires that OSHA respond to catastrophic events….” [New York City, 11/1/2001]
New York City Mayor Rudolph Giuliani angers firefighters when he decides to severely reduce the number of them that can search for remains at Ground Zero. Until now, up to 300 firefighters at a time have been involved in the search and recovery effort. Giuliani’s decision will mean no more than 25 at a time can do so in future. The International Association of Fire Fighters (IAFF) later alleges that, also at this time, Giuliani makes “a conscious decision to institute a ‘scoop-and-dump’ operation to expedite the clean-up of Ground Zero in lieu of the more time-consuming, but respectful, process of removing debris piece by piece in hope of uncovering more remains.” So far, the bodies or remains of 101 firefighters have been recovered, out of the 343 who died at the World Trade Center on 9/11. According to the IAFF, the mayor refuses to even meet with local union presidents about the decision. Due to the ensuing public outcry, Giuliani will modify his policy and allow firefighters back on the pile at Ground Zero. The remains of another 113 firefighters will subsequently be found. The IAFF later alleges that “the mayor’s switch to a scoop-and-dump coincided with the final removal of tens of millions of dollars of gold, silver and other assets of the Bank of Nova Scotia that were buried beneath what was once the towers” (see (Mid-October-mid November 2001)). “Once the money was out, Giuliani sided with the developers that opposed a lengthy recovery effort, and ordered the scoop-and-dump operation so they could proceed with redevelopment.” [Firefighting News (.com), 3/8/2007; Bloomberg, 3/9/2007; Associated Press, 3/10/2007] IAFF President Harold Schaitberger later says, “in my opinion, it was more important for him [to] find the gold than it was to continue to find and recover remains.” [MSNBC, 7/12/2007]
The US military loses both a helicopter and a drone in Afghanistan on the same day. The Taliban claim that the helicopter was shot down and that up to 50 US soldiers died in the crash, which was just south of Kabul. “All together between 40 to 50 Americans have died in both these incidents,” Qari Fazil Rabi, a Taliban information ministry official, tells Reuters. “You can see the bodies of the Americans on board the helicopters with their uniforms.” However, the Pentagon dismisses the claims, blaming bad weather for the crash landing of the special forces helicopter and the loss of the drone. According to the Pentagon, the helicopter had a crew of four and was on a mission to pick up a sick soldier. The crew members were injured in the crash, but were rescued by another helicopter, and the downed helicopter was later destroyed by F-14 Tomcats from the aircraft carrier USS Theodore Roosevelt. According to The Guardian, “Such a search-and-destroy mission would only take place if the items on the helicopter were considered extremely sensitive and the US military did not want it to fall into enemy hands.” [Guardian, 11/3/2001]
John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 ] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 ] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]
Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice
Timeline Tags: Civil Liberties
Margaret Chiara. [Source: MLive (.com)]Margaret Chiara and Daniel Bogden are sworn in as US Attorneys for the Western District of Michigan and Nevada, respectively. Bogden served for five years in the Air Force’s Judge Advocate General’s Office before moving on to become a prosecutor in Reno, Nevada. He became an Assistant US Attorney in Nevada in 1990. He was recommended for the US Attorney position by Senator John Ensign (R-NV). Chiara was unanimously confirmed by the US Senate and is Michigan’s first female US Attorney. She has extensive experience as a prosecutor, and before her selection as US Attorney, was the policy and planning director for the Michigan Supreme Court. She will serve on three subcommittees of the Attorney General’s Advisory Committee (AGAC): Native American Issues, Management and Budget, and US Attorneys’ Offices Outreach. Chiara replaces Interim US Attorney Phillip Green, who becomes First Assistant US Attorney. Joan Meyer, formerly the First Assistant, becomes a line assistant. Meyer will later be appointed Criminal Chief of the office. These personnel decisions will impact later events in Chiara’s office. Chiara will successfully prosecute Michigan’s first death-penalty case since 1938, will increase felony prosecutions and convictions in her district by 15 percent, and will develop a widely used attorney training and mentoring program. [CBS News, 2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Atlantic Monthly, 4/2009; Talking Points Memo, 2011] 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]
The EPA uses a form letter to respond to inquiries from people who live and work in Manhattan asking how they should clean their interior spaces. The letter instructs them to follow the procedures outlined in the New York Department of Health’s September 17 advisory (see September 17, 2001). “The EPA does not have jurisdiction or oversight of indoor air quality or indoor cleanups,” the letter explains. “New York City (NYC) has the primary authority and responsibility for reoccupancy of buildings and health issues. Since you work very close to the WTC it is important that the recommendations of the New York City Department of Health (NYCDOH) and the New York City Department of Environmental Protection (NYCDEP) on how to clean up be followed…. The NYCDOH fact sheet on the internet (http://www.nyc.gov/html/doh/html/alerts/wtc3.shtml) contains recommendations for people reoccupying commercial buildings and residents re-entering their homes. Should the need arise to investigate the requirements for remediation of your residence, the NYCDEP has compiled a list of asbestos investigators, remediation contractors and air monitoring firms.” [Jenkins, 7/4/2003 ]
The EPA will repeatedly claim that it does not have jurisdiction or oversight over indoor tests or cleanups of residences and businesses. Critics who disagree note that:
The EPA’s response to the 9/11 attacks were coordinated under the authority of the National Contingency Plan (NCP) (see (8:50 a.m. EST) September 11, 2001), which requires that when the EPA delegates any tasks to state or local authorities, the agency ensures that their responses are in accordance with EPA standards (see 1972). Therefore, according to the NCP, the EPA does have jurisdiction over inside air.
Shortly before the 9/11 attacks, the EPA commenced the abatement of homes in Libby, Montana where a nearby mining operation had contaminated the surrounding area (see (August 2001)). Libby asbestos remediation commenced under the authority of the National Contingency Plan (NCP). [Jenkins, 7/4/2003 ] In Libby, the highest level of asbestos found in a home was 3,658 structures per square centimeter (s/cm [Chatfield and Kominsky, 10/12/2001 ; MSNBC, 1/11/2002; Jenkins, 7/4/2003 ] In December, the EPA will “fast-track” the Libby site to a place on the National Priorities List as a Superfund site after a request from Montana’s governor (see December 20, 2001). In New York, Governor Pataki will make no similar request for the areas affected by World Trade Center collapse. [Kupferman, 2003 ; Jenkins, 7/4/2003 ]
The EPA is taking responsibility for the indoor environmental conditions at numerous contaminated sites across the US, including at Herculaneum, Missouri; McFarland, California; and Kellogg, Idaho. [Congressional Office of Representative Jerrold Nadler, 1/7/2002]
The EPA has decontaminated more than 1400 homes and businesses in Illinois, Mississippi, and Ohio after the buildings were illegally sprayed with the pesticide methyl parathion (see January 1995)
(see April 1997)
(see November 1996).
Subash Gurung. [Source: CNN/Courtesy WLS-TV]A young Nepalese man named Subash Gurung is arrested at Chicago’s O’Hare airport trying to board a United Airlines flight to Omaha with numerous knives, a can of mace, and a stun gun. He is in the US on an expired student visa. He is unemployed at the time of his arrest. Gurung claims that he was in a hurry and was unaware of the knives and other items in his luggage. But CNN reports that Gurung gave as his address an apartment building in Chicago that was also used by one of two terror suspects arrested on September 12, 2001 (see September 19, 2001 and After and October 20, 2001). This individual, Ayub Ali Khan (whose real name is apparently Syed Gul Mohammad Shah), lived in New Jersey but also used a Chicago address. A CNN government source says “many phone calls were made to and from that apartment, and credit card bills were paid from that address.” After being released by local police on bond, Gurung will be re-arrested the following day by the FBI for a weapons violation. Despite the apparent link to Ayub Ali Khan, the FBI denies any terror connection: “There is no allegation that this incident involves any suspected terrorist activity.” [CNN, 11/5/2001; CNN, 11/6/2001] Gurung will be convicted of a weapons charge in October 2002, and then deported. [New York Times, 10/9/2002]
The Italian newspaper La Repubblica reports that Saddam Hussein’s interpreter, known only by the alias A.S., claims Mohamed Atta was an agent of Mukhabarat, the Iraqi secret services. A.S. is sponsored by the Iraqi exile group the Iraqi National Congress (INC). He claims that it was Atta who planned the 9/11 attacks, not with bin Laden or the other 18 hijackers but with two officials of the Iraqi secret services: Farouk Hijazi, a former Iraqi ambassador to Turkey, and Ahmed Khalil Ibrahim Samir al-Ani, a member of the Iraqi diplomatic corps in Prague, Czech Republic. [La Repubblica (Rome), 11/3/2001]
In the months following 9/11, Vice President Dick Cheney is frequently moved away to undisclosed locations, supposedly for security reasons (see September 12, 2001-2002). He will tell CBS News, “[W]e feel it’s important, especially when the threat level goes up, to keep the president or myself separated.” He suggests there is a risk that terrorists could “take out the entire leadership of our government.” [CBS News, 11/14/2001] Yet, in spite of this supposed threat, Cheney goes ahead with a pheasant-hunting trip at the Paul Nelson Farm in South Dakota. He goes to this private retreat each year with friends, and on this occasion is joined by his daughter Mary. The trip had been planned before January this year, and the party has the entire facility to itself. [Associated Press, 11/5/2001; Washington Post, 11/19/2001; Hayes, 2007, pp. 363] CBS News’s Gloria Borger later questions Cheney about this trip, saying, “The American people are on a terror alert. You’re at an undisclosed location. Then the other week we learned that you went on a hunting trip. So did the Secret Service give you the all clear and say it’s fine to do that?” Cheney replies, “Well, the key thing here was I was away from the president. I wasn’t in the same location he was. We could not have both been eliminated at the same time by a terrorist attack.” [CBS News, 11/14/2001]
The Justice Department announces that it has put 1,182 people into secret custody since 9/11. Most all of them are from the Middle East or South Asia. [New York Times, 8/3/2002] After this it stops releasing new numbers, but human rights groups believe the total number could be as high as 2,000. [Independent, 2/26/2002] Apparently this is roughly the peak for secret arrests, and eventually most of the prisoners are released, and none are charged with any terrorist acts (see July 3, 2002; December 11, 2002). Their names will still not have been revealed (see August 2, 2002).
In conjunction with the Federalist Society, the Heritage Foundation publishes a legal paper that appears to reflect much of the thinking at this time of prominent White House and Justice Department lawyers. The paper espouses the use of military commissions, arguing that this will offer the government several advantages. “In particular,” the paper’s authors argue, “trials before military tribunals need not be open to the general public and they may be conducted on an expedited basis, permitting the quick resolution of individual cases and avoiding the disclosure of highly sensitive intelligence material, which would have to be made public in an ordinary criminal trial.” The disadvantage of a normal trial would be that they would be limited by constitutional rules with regard to “what can be done to protect classified information.” In addition, in “federal district courts, the government has an obligation under Article III and the Sixth Amendment to conduct a ‘public trial’ and present to the jury, in open court, the facts on which it is relying to establish a defendant’s guilt.” But the authors do acknowledge that “[t]he use of military commissions with respect to individuals not regularly enrolled in a military force, represents a clear departure from normal legal processes and some of America’s most fundamental judicial traditions.” Surprisingly, the Geneva Conventions of 1949 are not mentioned even once. Almost in passing, the authors suggest an option that is to become reality. “[I]t is likely,” they write, “that the Supreme Court would allow the trial overseas by military commission of al-Qaeda members captured in Afghanistan, regardless of how it would treat defendants in this country.” [Rivkin, Casey, and Bartram, 11/5/2001; Rivkin, Casey, and Bartram, 11/5/2001] It is an indication that by this time the government contemplates using the US Naval Station at Guantanamo Bay, which is formally on Cuban soil, to accommodate suspected al-Qaeda and Taliban detainees.
Newsweek columnist Jonathan Alter writes: “We can’t legalize physical torture; it’s contrary to American values. But even as we continue to speak out against human rights abuses around the world, we need to keep an open mind about certain measures to fight terrorism, like court-sanctioned psychological interrogation. And we’ll have to think about transferring some suspects to our less squeamish allies, even if that’s hypocritical. Nobody said this was going to be pretty.” [Newsweek, 11/5/2001]
A US grand jury secretly indicts Saeed Sheikh for his role in the 1994 kidnapping of an American. The indictment is revealed in late February 2002. The US later claims it begins asking Pakistan for help in arresting and extraditing Saeed in late November. [Associated Press, 2/26/2002; Newsweek, 3/13/2002] However, it is not until January 9, 2002, that Wendy Chamberlin, the US ambassador to Pakistan, officially asks the Pakistani government for assistance. [Associated Press, 2/24/2002; CNN, 2/24/2002; Los Angeles Times, 2/25/2002] Saeed is seen partying with Pakistani government officials well into January 2002. The Los Angeles Times later reports that Saeed “move[s] about Pakistan without apparent impediments from authorities” up until February 5, when he is identified as a suspect in the Daniel Pearl kidnapping. [Los Angeles Times, 2/13/2002] The London Times reports: “It is inconceivable that the Pakistani authorities did not know where he was” before then. [London Times, 4/21/2002]
The Geneva Conventions are mentioned in a memo issued the day after the publication of the Heritage Foundation paper (see November 5, 2001), but only to suggest that suspected terrorists should not be entitled to the rights enclosed in them. Patrick F. Philbin, a deputy in the OLC, sends a confidential 35-page memo to the White House legal counsel Gonzales, arguing that the president, as Commander-in-Chief, has “inherent authority” to establish military commissions without authorization from the US Congress. The 9/11 attacks are themselves “plainly sufficient” to justify the application of the laws of war. Furthermore, putting terrorists on trial under the laws of war, “does not mean,” according to Philbin, “that terrorists will receive the protections of the Geneva Conventions or the rights that laws of war accord to lawful combatants.” The Philbin memo will serve as a basis for a Presidential order (see November 13, 2001) establishing the option of military commissions, which will be drafted by Deputy White House Counsel Timothy E. Flanigan and David S. Addington, the legal counsel to Vice President Cheney. [New York Times, 10/24/2004]
Patrick Philbin, an attorney with the Justice Department’s Office of Legal Counsel, writes a lengthy and detailed memo arguing that the president may establish so-called “military commissions” for the trial and disposition of terror suspects without involvement in the US criminal justice system. Furthermore, Philbin opines, the president may do so without the approval or even the knowledge of Congress. [US Department of Justice, 11/6/2001 ; American Civil Liberties Union [PDF], 1/28/2009 ] Philbin’s central argument is that 9/11 was an act of war, not a crime, and therefore the attacks triggered the president’s full array of war powers, including the inherent authority to create military commissions. Philbin cites a 1942 case where then-President Roosevelt created a military commission to try eight Nazi saboteurs captured inside the US during the first year of America’s involvement in World War II (see 1942); even though the Supreme Court backed Roosevelt, he felt unsure of the legality of such commissions, and did not use them in later trials of captured saboteurs. Since World War II, the laws of war have undergone drastic revisions, with Congress enacting the Uniform Code of Military Justice (UCMJ), which said that if military commissions were ever to be used again, they should use, as much as is practical, the same procedures and defendant rights as are found in military courts-martial. The Senate had also ratified the 1949 Geneva Conventions, which granted all wartime prisoners the right to a fair trial. Philbin’s memo ignores everything except the 1942 military commissions, and argues that if the president has the inherent and exclusive right to set up military commissions, as the Supreme Court had found, then Congress has no authority to restrict that right. [Savage, 2007, pp. 136-137]
Abu Zeinab al-Qurairy, posing as Jamal al-Ghurairy for Frontline. [Source: PBS]An Iraqi defector identifying himself as Jamal al-Ghurairy, a former lieutenant general in Saddam Hussein’s intelligence corps, the Mukhabarat, tells two US reporters that he has witnessed foreign Islamic militants training to hijack airplanes at an alleged Iraqi terrorist training camp at Salman Pak, near Baghdad. Al-Ghurairy also claims to know of a secret compound at Salman Pak where Iraqi scientists, led by a German, are producing biological weapons. Al-Ghurairy is lying both about his experiences and even his identity, though the reporters, New York Times war correspondent Chris Hedges and PBS’s Christopher Buchanan, do not know this. The meeting between al-Ghurairy and the reporters, which takes place on November 6, 2001, in a luxury suite in a Beirut hotel, was arranged by Ahmed Chalabi’s Iraqi National Congress (INC). Buchanan later recalls knowing little about al-Ghurairy, except that “[h]is life might be in danger. I didn’t know much else.” Hedges recalls the former general’s “fierce” appearance and “military bearing.… He looked the part.” Al-Ghurairy is accompanied by several other people, including the INC’s political liaison, Nabeel Musawi. “They were slick and well organized,” Buchanan recalls. Hedges confirms al-Ghurairy’s credibility with the US embassy in Turkey, where he is told that CIA and FBI agents had recently debriefed him. The interview is excerpted for an upcoming PBS Frontline episode, along with another interview with an INC-provided defector, former Iraqi sergeant Sabah Khodada, who echoes al-Ghurairy’s tale. While the excerpt of al-Ghurairy’s interview is relatively short, the interview itself takes over an hour. Al-Ghurairy does not allow his face to be shown on camera.
Times Reports Defectors' Tale - Two days later, on November 8, Hedges publishes a story about al-Ghurairy in the New York Times Times. The Frontline episode airs that same evening. [New York Times, 11/8/2001; Mother Jones, 4/2006] Hedges does not identify al-Ghurairy by name, but reports that he, Khodada, and a third unnamed Iraqi sergeant claim to have “worked for several years at a secret Iraqi government camp that had trained Islamic terrorists in rotations of five or six months since 1995. They said the training at the camp, south of Baghdad, was aimed at carrying out attacks against neighboring countries and possibly Europe and the United States.” Whether the militants being trained are linked to al-Qaeda or Osama bin Laden, the defectors cannot be sure, nor do they know of any specific attacks carried out by the militants. Hedges writes that the interviews were “set up by an Iraqi group that seeks the overthrow of… Hussein.” He quotes al-Ghurairy as saying, “There is a lot we do not know. We were forbidden to speak about our activities among each other, even off duty. But over the years, you see and hear things. These Islamic radicals were a scruffy lot. They needed a lot of training, especially physical training. But from speaking with them, it was clear they came from a variety of countries, including Saudi Arabia, Yemen, Algeria, Egypt, and Morocco. We were training these people to attack installations important to the United States. The Gulf War never ended for Saddam Hussein. He is at war with the United States. We were repeatedly told this.” He uses Khodada’s statements as support for al-Ghurairy’s, identifies Khodada by name, and says that Khodada “immigrated to Texas” in May 2001 “after working as an instructor for eight years at Salman Pak…” He quotes the sergeant as saying, “We could see them train around the fuselage. We could see them practice taking over the plane.” Al-Ghurairy adds that the militants were trained to take over a plane without using weapons. Hedges reports that Richard Sperzel, the former chief of the UN biological weapons inspection teams in Iraq, says that the Iraqis always claimed Salman Pak was an anti-terror training camp for Iraqi special forces. However, Sperzel says, “[M]any of us had our own private suspicions. We had nothing specific as evidence.” The US officials who debriefed al-Ghurairy, Hedges reports, do not believe that the Salman Pak training has any links to the 9/11 hijackings. Hedges asks about one of the militants, a clean-shaven Egyptian. “No, he was not Mohamed Atta.” Atta led the 9/11 hijackers. Hedges notes that stories such as this one will likely prompt “an intense debate in Washington over whether to extend the war against Osama bin Laden and the Taliban government of Afghanistan to include Iraq.” [New York Times, 11/8/2001; Columbia Journalism Review, 7/1/2004]
Heavy Press Coverage - The US media immediately reacts, with op-eds running in major newspapers throughout the country and cable-news pundits bringing the story to their audiences. National security adviser Condoleezza Rice says of the story, “I think it surprises no one that Saddam Hussein is engaged in all kinds of activities that are destabilizing.” The White House will use al-Ghurairy’s claims in its background paper, “Decade of Deception and Defiance,” prepared for President’s Bush September 12, 2002 speech to the UN General Assembly (see September 12, 2002). Though the tale lacks specifics, it helps bolster the White House’s attempts to link Saddam Hussein to the 9/11 hijackers, and helps promote Iraq as a legitimate target in the administration’s war on terror. (Five years later, the reporters involved in the story admit they were duped—see April 2006.)
Complete Fiction - The story, as it turns out, is, in the later words of Mother Jones reporter Jack Fairweather, “an elaborate scam.” Not only did US agents in Turkey dismiss the purported lieutenant general’s claims out of hand—a fact they did not pass on to Hedges—but the man who speaks with Hedges and Buchanan is not even Jamal al-Ghurairy. The man they interviewed is actually a former Iraqi sergeant living in Turkey under the pseudonym Abu Zainab. (His real name is later ascertained to be Abu Zeinab al-Qurairy, and is a former Iraqi general and senior officer in the Mukhabarat.) The real al-Ghurairy has never left Iraq. In 2006, he will be interviewed by Fairweather, and will confirm that he was not the man interviewed in 2001 (see October 2005). [Columbia Journalism Review, 7/1/2004; Mother Jones, 4/2006] Hedges and Buchanan were not the first reporters to be approached for the story. The INC’s Francis Brooke tried to interest Newsweek’s Michael Isikoff in interviewing Khodada to discuss Salman Pak. Isikoff will recall in 2004 that “he didn’t know what to make of the whole thing or have any way to evaluate the story so I didn’t write about it.” [Columbia Journalism Review, 7/1/2004]
"The Perfect Hoax" - The interview was set up by Chalabi, the leader of the INC, and former CBS producer Lowell Bergman. Bergman had interviewed Khodada previously, but was unable to journey to Beirut, so he and Chalabi briefed Hedges in London before sending him to meet with the defector. Chalabi and Bergman have a long relationship; Chalabi has been a source for Bergman since 1991. The CIA withdrew funding from the group in 1996 (see January 1996) due to its poor intelligence and attempts at deception. For years, the INC combed the large Iraqi exile communities in Damascus and Amman for those who would trade information—real or fabricated—in return for the INC’s assistance in obtaining asylum to the West. Helping run that network was Mohammed al-Zubaidi, who after 9/11 began actively coaching defectors, according to an ex-INC official involved in the INC’s media operations (see December 17, 2001 and July 9, 2004). The ex-INC official, Adnan Ihsan Saeed al-Haideri, did everything from help defectors brush up and polish their stories, to concocting scripts that defectors with little or no knowledge could recite: “They learned the words, and then we handed them over to the American agencies and journalists.” After 9/11, the INC wanted to come up with a big story that would fix the public perception of Saddam Hussein’s involvement in the 9/11 attacks. Al-Zubaidi was given the task. He came up with al-Ghurairy. He chose Zainab for his knowledge of the Iraqi military, brought him to Beirut, paid him, and began prepping him. In the process, al-Zainab made himself known to American and Turkish intelligence officials as al-Ghurairy. “It was the perfect hoax,” al-Haideri will recall in 2006. “The man was a born liar and knew enough about the military to get by, whilst Saddam’s regime could hardly produce the real Ghurairy without revealing at least some of the truth of the story.” Al-Haideri will say that the reality of the Salman Pak story was much as the Iraqis claimed—Iraqi special forces were trained in hostage and hijack scenarios. Al-Zubaidi, who in 2004 will admit to his propaganda activities, calls Al-Zainab “an opportunist, cheap and manipulative. He has poetic interests and has a vivid imagination in making up stories.” [Mother Jones, 4/2006]
Stories Strain Credulity - Knight Ridder reporter Jonathan Landay later says of al-Qurairy, “As you track their stories, they become ever more fantastic, and they’re the same people who are telling these stories, until you get to the most fantastic tales of all, which appeared in Vanity Fair magazine.” Perhaps al-Qurairy’s most fabulous story is that of a training exercise to blow up a full-size mockup of a US destroyer in a lake in central Iraq. Landay adds, “Or, jumping into pits of fouled water and having to kill a dog with your bare teeth. I mean, and this was coming from people, who are appearing in all of these stories, and sometimes their rank would change.… And, you’re saying, ‘Wait a minute. There’s something wrong here, because in this story he was a major, but in this story the guy’s a colonel. And, in this story this was his function, but now he says in this story he was doing something else.’” Landay’s bureau chief, John Walcott, says of al-Qurairy, “What he did was reasonably clever but fairly obvious, which is he gave the same stuff to some reporters that, for one reason or another, he felt would simply report it. And then he gave the same stuff to people in the Vice President’s office [Dick Cheney] and in the Secretary of Defense’s office [Donald Rumsfeld]. And so, if the reporter called the Department of Defense or the Vice President’s office to check, they would’ve said, ‘Oh, I think that’s… you can go with that. We have that, too.’ So, you create the appearance, or Chalabi created the appearance, that there were two sources, and that the information had been independently confirmed, when, in fact, there was only one source. And it hadn’t been confirmed by anybody.” Landay adds, “[L]et’s not forget how close these people were to this administration, which raises the question, was there coordination? I can’t tell you that there was, but it sure looked like it.” [PBS, 4/25/2007]
No Evidence Found - On April 6, 2003, US forces will overrun the Salman Pak facility. They will find nothing to indicate that the base was ever used to train terrorists (see April 6, 2003).
Entity Tags: Osama bin Laden, Richard (“Dick”) Cheney, Richard Sperzel, Newsweek, Saddam Hussein, Taliban, New York Times, Sabah Khodada, Washington Post, United Nations, Vanity Fair, Nabeel Musawi, Public Broadcasting System, Mother Jones, Ahmed Chalabi, Adnan Ihsan Saeed al-Haideri, Abu Zeinab al-Qurairy, Chris Hedges, Al-Qaeda, CBS News, Bush administration (43), Central Intelligence Agency, Mukhabarat, Donald Rumsfeld, Condoleezza Rice, Francis Brooke, Lowell Bergman, Michael Isikoff, Mohammed al-Zubaidi, Jonathan Landay, John Walcott, Jamal al-Ghurairy, Jack Fairweather, Federal Bureau of Investigation, Christopher Buchanan, Iraqi National Congress
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Domestic Propaganda
John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]
Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)
Gary Berntsen, leader of the CIA effort in Afghanistan, names the four most wanted terrorist suspects in Afghanistan at a meeting of his team. They are al-Qaeda leader Osama bin Laden, his second in command Ayman al-Zawahiri, al-Qaeda military commander Mohammed Atef, and Khalid Shaikh Mohammed (KSM). Berntsen places one of his subordinates in charge of these four men, giving orders to “find and kill” them. Berntsen also wants the Taliban’s top three intelligence officials killed. [Berntsen and Pezzullo, 2005, pp. 114] While the connections between the other three and al-Qaeda are well known by this time, the US government apparently first develops information indicating KSM is the mastermind behind 9/11 during FBI questioning of military training camp facilitator Abu Zubaida around April 2002. [New York Times, 4/22/2009] However, KSM is an known terrorist and one of the top 22 fugitives named by the FBI the previous month (see October 10, 2001).
Alan Dershowitz. [Source: Huffington Post]The Los Angeles Times publishes an op-ed piece by Harvard law professor Alan M. Dershowitz arguing that the use of torture should be permissible in situations where an imminent large-scale threat against human life can be averted by forcibly obtaining intelligence from an uncooperative suspect. Dershowitz reasons that in such “ticking bomb” scenarios, a judge should be able to provide “torture warrants,” giving the FBI authorization “to employ specified forms of non-lethal physical pressure to compel” a suspect, who has been granted immunity from prosecution, to talk. He also says that since there is no doubt that torture would be used in such cases anyway, it should be regulated. “If we are to have torture, it should be authorized by the law,” he writes. [Los Angeles Times, 11/8/2001]
In a speech, President Bush refers to the 9/11 attacks as the “first attack,” and then discusses the recent anthrax attacks (see October 5-November 21, 2001). “The second attack against America came in the mail. We do not know whether this attack came from the same terrorists. We don’t know the origin of the anthrax. But whoever did this unprecedented and uncivilized act is a terrorist.” [New York Times, 11/8/2001]
PBS’s Frontline broadcasts an October 2001 interview with Bush foreign policy adviser Brent Scowcroft as part of its Gunning for Saddam episode. Scowcroft recently cemented his status as an outsider in the administration with an op-ed calling for the US to focus on building a coalition of allies before considering invading Iraq (see October 16, 2001). Scowcroft says that a unilateral move to invade Iraq and “deal with Saddam Hussein” will destroy the coalition of nations that still exists ten years after the 1991 Gulf War “virtually instantly.” Suspicion that the US is manipulating information to prove its rationale for war with Iraq is paramount throughout the Middle East and even among the US’s closest allies in Europe. Part of the responsibility for that perception, Scowcroft notes, comes from Iraq: “Saddam has managed to get the view out that the Iraqi people are suffering because of the [UN-mandated economic] sanctions. In fact, they’re suffering because Saddam Hussein doesn’t use the income from the oil he sells to provide for his people. But that’s the fact. So if we turn on Iraq now, it will look like we’re just using September 11 as an excuse to go after our favorite enemy.… So we need to sort of reestablish the kind of confidence that the United States enjoyed a decade ago around the time of the Gulf War. And to do that, we need to prosecute the Afghan/Osama bin Laden part of this whole thing in a way which will demonstrate that we know what we’re doing, that we do it carefully, not wildly and so on.”
Focusing on Terrorist Threat, Not Iraq, a Necessity - Scowcroft calls Hussein and Iraq “a separate problem” from al-Qaeda and global Islamist terrorism. “It is not at all clear that he is a part of a global terrorist network, which is what we’re focusing on.… Saddam Hussein and Osama bin Laden have one thing in common, and that is they both hate the United States. Otherwise, they have very little in common. As a matter of fact, my guess is, if it weren’t for the United States, Osama bin Laden would turn on Saddam Hussein.” Scowcroft says that even if the US manages to render al-Qaeda impotent, Iraq might not be the next problem on the list. “It’s a problem which right now should be differentiated from the Osama bin Laden problem.… Hezbollah, for example, is a global terrorist network, which has attacked the United States and US interests before. How about that?… We need to be skillful about this. We need to use scalpels, not sledgehammers.” He continues: “Nobody has said what ‘going after Saddam’ really means. What does it mean? Five hundred thousand troops again, based in a Saudi Arabia that would not accept them now? What does ‘going after Saddam’ mean?”
INC Not a Viable Replacement for Hussein - Ahmed Chalabi’s Iraqi National Congress (INC) may or may not be a “viable alternative to Saddam,” Scowcroft says, but it is “certainly not a viable means to” overthrow Hussein. “It is weak, disparate, riven with disputes—probably unattractive to almost anyone inside or out.” [PBS Frontline, 11/8/2001; PBS Frontline, 11/8/2001]
President Bush follows up Attorney General John Ashcroft’s declaration of victory over terrorism (see November 8, 2001) with a prime-time speech calling for the formation of a volunteer civil-defense service and a larger National Guard presence at airports, both to keep Americans safe from future terror attacks. Bush gives the speech in front of a backdrop emblazoned with the words, “United We Stand.” Bush ends his speech with the exhortation, “Let’s roll!” thought to be the final words of Flight 93 passenger Todd Beamer before he and his fellow passengers attacked their plane’s hijackers (see Shortly Before 9:58 a.m. September 11, 2001). Of the four major news networks, only ABC airs Bush’s speech live. [Rich, 2006, pp. 36-37]
After issuing several terror alerts that came to nothing (see October 11-29, 2001 and October 29, 2001), Attorney General John Ashcroft declares victory in overcoming the threat: “[T]he home front has witnessed the opening battle in the war against terrorism, and America has emerged victorious.” He claims that “two periods of extremely high threat have passed” without incident. But in 2006, author Frank Rich will note that this assessment is based solely on Ashcroft’s word, since no evidence of actual threats will ever be advanced. [Rich, 2006, pp. 36-37]
EPA spokeswoman Mary Mears is quoted by Newsday: “Given the levels of asbestos we don’t think there is any kind of significant health risk for people working or living near the site. But there could be some risk to the workers who are actually on the site where the levels tend to be the highest.” [Newsday, 11/9/2001 ]
David Newman, of the New York Committee for Occupational Safety and Health, interviewed by Newsday, disagrees with the EPA’s position that asbestos levels have not been high enough to pose long term health risks. “While diseases such as asbestosis result from exposure to asbestos over long periods of time, asbestos-related cancers, such as mesothelioma, which have a 10- to 40-year latency period, can develop from low-level exposure to this killing dust,” Newman explains. [Newsday, 11/9/2001 ]
Attorney General John Ashcroft announces that the Justice Department is now on what he calls a “wartime footing.” The agency is revamping its priorities to refocus its efforts on battling terrorism. According to Ashcroft, a plan, which he intends to submit to Congress, mandates a reorganization of the Justice Department, as well as component agencies such as the FBI and the Immigration and Naturalization Service (INS), both of which will be overhauled to take a more aggressive stance in the effort to ward off terrorism. The plan will take five years to fully implement. Ashcroft is reticent about the details of the plans, but some proposals include:
Allowing federal prison authorities to eavesdrop on prisoners conferring with their attorneys, effectively voiding the attorney-client privilege, if those prisoners are considered to be a threat to national security;
Redirecting 10 percent of the Justice Department’s budget, or about $2.5 billion, to counterterrorism efforts;
Restructuring the INS to focus on identifying, deporting, and prosecuting illegal aliens, with a special focus on potential terrorists.
The eavesdropping privilege causes an immediate stir among civil libertarians and Constitutional scholars. Justice Department spokeswoman Mindy Tucker notes that the order has already been published in the Federal Register and is, essentially, the law. Information gathered by authorities during such eavesdropping sessions would not be used in criminal prosecutions of the suspects, Tucker promises. “The team that listens is not involved in the criminal proceedings,” she says. “There’s a firewall there.” Senator Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, says he agrees with the general idea of refocusing the agency on terrorism, but suggests Ashcroft’s plan be reviewed by an existing commission that is now examining the FBI’s counterintelligence operations. That commission is headed by former FBI Director William Webster. Leahy’s fellow senator, Charles Grassley (R-IA), says: “As with any reorganization, the devil will be in the details. I hope for new accountability measures, not just structural changes.” Ashcroft says: “Defending our nation and defending the citizens of America against terrorist attacks is now our first and overriding priority. To fulfill this mission, we are devoting all the resources necessary to eliminate terrorist networks, to prevent terrorist attacks, and to bring to justice all those who kill Americans in the name of murderous ideologies.” [New York Times, 11/3/2001; Rich, 2006, pp. 35] “It is amazing to me that Ashcroft is essentially trying to dismantle the bureau,” says a former FBI executive director. “They don’t know their history and they are not listening to people who do.” [Harper's, 12/4/2001]
Family Research Council logo. [Source: Mediamouse (.org)]The Family Research Council (FRC), a Christian conservative organization headed by the Reverend James Dobson, authorizes an advertisement linking Senate Majority Leader Tom Daschle (D-SD) to Saddam Hussein. The ad is triggered by Daschle’s opposition to the Bush administration’s desire to drill for oil in the protected Arctic National Wildlife Refuge (ANWR). The ad is released by American Renewal, the lobbying wing of the FRC headed by Richard Lessner, who formerly headed the editorial page staff at the Manchester Union Leader. In a press release announcing the ad, Lessner asks: “What do Saddam Hussein and Senate Majority Leader Tom Daschle have in common? Neither man wants America to drill for oil in Alaska’s Arctic National Wildlife Refuge.” It juxtaposes photos of Daschle and Hussein, and charges that American buys 725,000 barrels of oil a day from Hussein because Daschle “won’t let America drill for oil at home.” Daschle spokesman Doug Hattaway calls the ad “an outrageous, extremist attack at a time when the nation is unified.” Lessner calls the ad an example of “telling the truth” necessitating “tough talk.” Washington Post pundit Dana Milbank says the ad has all “the subtlety of a Scud missile.” [Washington Post, 11/9/2001]
Nine Republican senators, led by conservatives Jesse Helms (R-NC), Trent Lott (R-MS), and Jon Kyl (R-AZ), send a letter to President Bush urging him to withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972, May 1, 2001, and June 2001). They explain their position by arguing that the ABM Treaty has become “the most significant obstacle to improved relations between the United States and Russia.” This argument is a complete reversal of conservatives’ earlier positions: that arms control agreements such as the ABM Treaty did nothing to stabilize relations between the US and its nuclear-armed opponents. The argument also flies in the face of public and private statements by Russian leaders, who consider the treaty one of the key elements of stable US-Russian relations. Russian President Vladimir Putin has repeatedly stressed the importance of the treaty in maintaining nuclear parity between the two nations (see July 2001), even as Russia seeks to reduce its nuclear arsenal from 6,000 to 1,500 deployed missiles. In 2008, author J. Peter Scoblic will speculate as to why conservatives wish to withdraw from the treaty: “For isolationists, missile defense renewed the dream of Fortress America, allowing us to retreat even further from crises abroad. For nationalists and moralists, missile defense was a shield against engagement and detente in the event that, say, North Korea was to develop a nuclear-armed ICBM (see August 31, 1998). For neoconservatives, missile defense was a necessary adjunct to their proactive vision of changing regimes and democratizing the world” (see March 12, 2001). [Scoblic, 2008, pp. 174-176]
William J. Haynes. [Source: US Defense Department]William J. Haynes, Defense Secretary Donald Rumsfeld’s general counsel, shows a draft of a presidential order establishing military commissions to Colonel Lawrence J. Morris, a judge advocate general (JAG) attorney with strong experience in military justice and the laws of war. Morris heads a Pentagon legal team that has so far been excluded from the discussion on how suspected terrorists should be prosecuted. Col. Morris is given just 30 minutes to read the draft but is not allowed to keep a copy or even take notes. The next day, the Army’s Judge Advocate General, Major General Thomas J. Romig, hastily convenes a meeting of Pentagon lawyers to prepare suggestions for improvement, with an eye on bringing the order closer to existing military legal standards. The final order, however, includes none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. [New York Times, 10/24/2004; Savage, 2007, pp. 138]
At the opening of the UN General Assembly, which is delayed by seven weeks due to the 9/11 attacks, government leaders lend nearly unanimous support to the military campaign in Afghanistan, though the operation has not received the express prior authorization from the UN Security Council that is usually necessary for the lawful use of military force for any other reason than pure self-defense. [United Nations, 11/16/2001]
Th Los Angeles Times reports, “The FBI is increasingly convinced that the person behind the recent anthrax attacks is a lone wolf within the United States who has no links to terrorist groups but is an opportunist using the Sept. 11 hijackings to vent his rage…” The FBI is said to base this conclusion on “case studies, handwriting and linguistic analysis, forensic data and other evidence.” FBI investigators say they are looking for “an adult male with at least limited scientific expertise who was able to use laboratory equipment easily obtained for as little as $2,500 to produce high-quality anthrax.” They believe he is an “anti-social loner” who “has little contact with the public and carries deep-seated resentments but does not like direct confrontation.” However, these investigators admit that psychological profiling is a rough science, especially since they have little more than a small number of words written on the anthrax-laced letters. The letters appear to have tried to frame Muslims for the attacks. For instance, each letter contains the phrase “Allah is great.” Investigators say they are not completely ruling out an overseas connection to the letters, such as an Iraqi or Russian connection, but they consider it very unlikely. Investigators have not explained why they are so confident the attacks were caused by only one person. [Los Angeles Times, 11/10/2001]
Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [New York Times, 10/24/2004; Savage, 2007, pp. 138]
The Army’s Judge Advocate General, Major General Thomas J. Romig, hastily meets with JAG lawyers Colonel Lawrence Morris and Brigadier General Scott Black to prepare suggestions for improving a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001), with an eye on bringing the order closer to existing military legal standards. The order is modeled on a single World War II military commission (see 1942), and ignores the body of relevant law that came after that commission, including the Uniform Code of Military Justice and the Geneva Conventions (see November 6, 2001). In their view, the Bush administration seems determined to ignore 60 years of law and go back to a rough system of justice that, Romig will later say, “was going to be perceived as unfair because it was unnecessarily archaic.” The three work through the Veterans’ Day weekend on a number of suggestions that would bring the order closer to existing military legal standards. The final order, however, will include none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. [New York Times, 10/24/2004; Savage, 2007, pp. 137-138]
Western intelligence services obtain a copy of a secret Al Jazeera interview of Osama bin Laden. Al Jazeera had decided not to broadcast the interview, conducted on October 20 (see October 20, 2001), because its correspondent had not been allowed to ask his own questions, but had been told what to say by bin Laden. [Miles, 2005, pp. 179, 181] The fact that the video is obtained by Western intelligence is first revealed by the Daily Telegraph, which says the transcript proves bin Laden’s responsibility for 9/11 and that it will soon be used as the “centrepiece of Britain and America’s new evidence against bin Laden.” [Daily Telegraph, 11/11/2001] Author Hugh Miles will note that bin Laden is actually ambiguous about his responsibility for 9/11 on the tape, and will speculate about how it was obtained. According to Miles, al-Qaeda kept a copy of the tape, but it is unlikely that al-Qaeda would give it to Western intelligence or CNN, which will air it later (see January 31, 2002). Therefore, the tape was probably obtained for the West by US authorities, who “made it their business to know all of Al Jazeera’s internal affairs.” [Miles, 2005, pp. 179-182] On November 14, British Prime Minister Tony Blair will refer to the video in a speech before the House of Commons and say, “The intelligence material now leaves no doubt whatever of the guilt of bin Laden and his associates.” [CNN, 11/14/2001; UK Prime Minister, 11/14/2001] Yet the British government will say it does not have a copy of the video, only information about it from intelligence sources. [Washington Post, 11/14/2001]
Abdurahman Khadr. [Source: Canadian Broadcasting Corporation]On November 10, 2001, Abdurahman Khadr is arrested in Afghanistan as a suspected member of al-Qaeda. His father is Ahmed Said Khadr, a founding member of al-Qaeda, and virtually everyone in his family is linked to al-Qaeda. He has known Osama bin Laden and played with his children since he was a little boy, and has frequently attended al-Qaeda training camps. However, Abdurahman has always been the “black sheep” of the family and reluctant to embrace the militant jihadist ideology. He begins cooperating with the US military. Due to his in-depth knowledge of al-Qaeda operations, soon he is frequently leading US officials on tours of Kabul, pointing out the locations of what were al-Qaeda and Taliban safe houses and strongholds. For nine months, he lives in a CIA safe house near the US embassy in Kabul. In the summer of 2002, the CIA trusts him enough to offer him a formal paid job as an informant. He accepts. In early 2003, he agrees to pretend to be captured so he can be shipped to Guantanamo and inform on the prisoners there (see Spring 2003). [PBS Frontline, 4/22/2004; Canadian Broadcasting Corporation, 4/20/2006]
Between November 10 and 12, 2001, trace amounts of anthrax are found in the offices of eleven senators. The offices infected include those of Senator Bob Graham (D-FL), Dianne Feinstein (D-CA), Richard Lugar (R-IN), Barbara Boxer (D-CA), and Jon Corzine (D-NJ). But officials say the anthrax does not threaten the health of anyone who worked or visited there. On October 15, an anthrax letter addressed to Sen. Tom Daschle (D-SD) was opened at the Hart Senate office building (see October 15, 2001), and it is assumed the anthrax found came from this letter. [South Florida Sun-Sentinel, 12/8/2001]
At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]
Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper
Timeline Tags: Civil Liberties
Aysel Senguen. [Source: CBC]Authorities in the US discover a letter apparently written by Flight 93 hijacker Ziad Jarrah. It is believed the four-page letter, dated September 10, was written just hours before the 9/11 attacks. It is part of a package Jarrah mailed from the US to his Turkish girlfriend Aysel Senguen, a medical student living in the western German city of Bochum. The letter says, “I have done what I had to do.… You should be very proud, because it is an honor and in the end you will see that everyone will be happy.” It adds, “Hold on to what you have until we see each other again.” The package arrived in Germany shortly after September 11. However, due to Jarrah having made an error in writing the address, it was returned to the US and ended up in the hands of the FBI. Oddly, considering the letter is supposedly Jarrah’s farewell to Senguen, the rest of his package reportedly includes papers about his flight training and scuba-diving instructions. It is believed to also contain some small presents. Ziad’s uncle Jamal Jarrah says he thinks the letter is fabricated, and that it is suspicious that the address on it contained a mistake, as Ziad had known his girlfriend for five years and would not have made such an error. [Associated Press, 11/17/2001; Los Angeles Times, 11/18/2001; Observer, 11/18/2001; Daily Telegraph, 11/18/2001; BBC, 11/19/2001]
EPA Region 2 responds to an inquiry from a woman concerned about the asbestos levels in the building where her husband works, which is across the street from the World Trade Center site. The EPA informs her that “that the owner/manager of the building [should] follow the cleanup guidelines in the September 16 City of New York Public Notice (see September 16, 2001)…. In addition, the New York City Department of Health has a fact sheet (see September 17, 2001) on the internet… that contains recommendations for people re-occupying commercial buildings and residents re-entering their homes.” [Jenkins, 7/4/2003 ]
In a New York Times editorial, conservative columnist William Safire calls the alleged meeting between Mohamed Atta and an Iraqi diplomat in Prague an “undisputed fact.” He does not offer any significant new evidence to support this assertion, however. [New York Times, 11/12/2001]
Asif Kasi. [Source: New York Times / Jessica Kourkounis]The FBI investigates three Pakistani-born city officials in Chester, Pennsylvania, for possible roles in the recent anthrax attacks (see October 5-November 21, 2001). The three are Asif Kazi, an accountant in the city’s finance department, Dr. Irshad Shaikh, the city’s health commissioner, and his brother Dr. Masood Shaikh, who runs the city’s lead-abatement program. Kazi is in his city hall office when FBI agents burst in and interrogate him. He is questioned for hours about an unknown liquid he had been seen carrying out of his house. In fact, the dishwasher had broken down and he was bailing out his kitchen. Meanwhile, agents with drawn guns knock down the front door to his house while his wife is cooking in the kitchen. Dozens of boxes are carried out of the house. Agents in bioprotection suits also search the Shaikh brothers’ house and carry away their computers. None of the three ever had any connection to anthrax and none of them are arrested. The searches are national news for several days, severely damaging their reputations. Three days after the raid, an FBI agent tells the Washington Post that the raid did not pan out. The FBI learns that a disgruntled employee had called in a bogus tip. But the FBI never publicly clears them. [Washington Post, 11/15/2001; Newsweek, 8/4/2002; New York Times, 8/9/2008] Even a year later, an FBI spokesperson says the raids are still “a pending matter.” [Associated Press, 9/5/2002] Trouble for the three men will continue. The Shaikh brothers’ applications for US citizenship is blocked, their visas run out, and they both eventually have to leave the US. Kazi is already a US citizen, but he is put on a no-fly watch list. He is searched and interrogated for a couple of hours every time he travels in or out of the US. His name will finally be taken off the list in 2007. [New York Times, 8/9/2008]
The Stuyvesant High School Parents’ Association holds a meeting to address concerns about health and safety conditions at the school. People attending the meeting complain that the Board of Education has failed to address a number of issues. Other topics that are discussed at the meeting include symptoms of illness among the students, tests showing an elevated level of particulates, and evidence that information publicly disclosed by the EPA does not reveal the actual levels of contaminants around Ground Zero. [Stuyvesant High School Parents' Association, 11/13/2001; New York Daily News, 12/20/2001]
The City of New York supplies the New York State Department of Environmental Conservation (DEC) with the original version of its transmission electron microscopy (TEM) test results on air asbestos levels. [Environmental Protection Agency, 7/15/2004 ] A censored version of the data is later released to the public in early 2002 (see Early 2002).
The New York Environmental Law and Justice Project (NYELJP) receives documents from New York’s Department of Environmental Conservation (DEC) and the city’s Department of Health (DOH) that had been requested through the state’s Freedom of Information Law (FOIL). The request was initially denied on grounds that the documents were related to an “on-going criminal investigation.” NYELJP receives them only after an appeal and repeated demands. The documents reveal that during spot testing the DEC’s monitors became clogged with dust and were not subsequently replaced or re-set as they should have been. The documents also contain NYC DOH test results showing that some of the air monitors located in City Hall offices and other spaces in downtown Manhattan had at times been “overloaded” with dust. Instead of recalibrating the equipment and re-testing, the department simply ceased testing. Rather than inform the public about the overload dust finding, the agency listed the results as “N.A.” on its website. [Kupferman, 2003 ]
President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).
Dr. Antonio Banfi. [Source: Public domain]A letter containing anthrax is mailed to Dr. Antonio Banfi, a pediatrician in Santiago, Chile. Although the return address is Orlando, Florida, the postmark is Zurich, Switzerland. The letter is sent via DHL, which uses a Swiss bulk mail shipper in New York and a Swiss postmark. Unlike the anthrax letters with US addressees, the letter to Chile is mailed in a business envelope and has a typewritten return address, a business in Florida. Dr. Banfi receives the letter, but finds it suspicious and gives it to the Chilean authorities. No one is known to have been infected with the material contained in the letter. The letter baffles American and Chilean officials because, according to the New York Times, “as they dig deeper, nothing quite adds up.” The New York Times article states, without direct evidence and with ambiguous citation of unnamed “officials” from either Chile or the US, that the anthrax strain most likely originated in Chile, despite the Swiss origin of the letter. The strain is reported to be a different one than used in the US attacks, and is said to be similar to a strain in Turkey. Dr. Banfi says he has no strong political views or known enemies. [New York Times, 11/29/2001]
Richard Perle, chairman of the Defense Policy Board, says in a speech delivered at the Foreign Policy Research Institute’s annual dinner that Saddam Hussein “is busily at work on a nuclear weapon” and that “it’s simply a matter of time before he acquires nuclear weapons.” His assertion is based on information that was provided to him personally by Iraqi defector Khidir Hamza. According to Perle, Hamza said that after the Israeli strikes against Iraq’s Osirak reactor in 1981 (see June 7, 1981), Iraq built some 400 uranium enrichment facilities all over the country in order to protect its nuclear program from future attacks. “Some look like farmhouses, some of them look like classrooms, some of them look like warehouses. You’ll never find them. They don’t turn out much but every day they turn out a little bit of nuclear materials.” [Foreign Policy Research Institute, 11/14/2001]
Two days after the opening of the UN General Assembly, and one day after the Taliban defeat, the Security Council adopts Resolution 1378. Although it stays short of endorsing the military campaign, it comes very close to actually providing retroactive authorization. The resolution applauds the goals of the US’s actions, supports its motives, and condemns the the Taliban and al-Qaeda. [United Nations, 11/14/2001]
In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]
Neoconservative Richard Perle, the chairman of the Pentagon’s Defense Policy Board, says during remarks at the Foreign Policy Research Institute that the proposed invasion of Iraq is merely the first step in a much larger military strategy that should encompass most of the Middle East and other states which, in Perle’s view, pose threats to the US. “Those who think Iraq should not be next may want to think about Syria or Iran or Sudan or Yemen or Somalia or North Korea or Lebanon or the Palestinian Authority,” Perle says. “These are all institutions, governments for the most part, that permit acts of terror to take place, that sponsor terrorists, that give them refuge, give them sanctuary, and very often much more help than that. When I recite this list, people typically say ‘Well, are we going to go to war against a dozen countries?’ And I think the answer to that is that, if we do it right with respect to one or two, we’ve got a reasonable chance of persuading the others that they should get out of the business of supporting terrorism. If we destroy the Taliban in Afghanistan, and I’m confident we will, and we then go on to destroy the regime of Saddam Hussein, and we certainly could if we chose to do so, I think we would have an impressive case to make to the Syrians, the Somalis, and others. We could deliver a short message, a two-word message: ‘You’re next. You’re next unless you stop the practice of supporting terrorism.’ Given the fact that until now there has been no cost attached to supporting terror, I think there’s a reasonable prospect that looking at the costs on the one side—that is, that those regimes will be brought to an end—and the benefits on the other—they will decide to get out of the terrorist business. It seems to me a reasonable gamble in any event.” [Foreign Policy Research Institute, 11/14/2001]
Paul Charlton. [Source: Crooks and Liars (.com)]Paul Charlton is sworn in as the US Attorney for Arizona. [CBS News, 2007; Talking Points Memo, 2011] An experienced prosecutor, Charlton was recommended for the position by Senators Jon Kyl (R-AZ) and John McCain (R-AZ). He began as an interim US Attorney, and was reappointed to the position after 120 days by the federal district court, as the law provides. President Bush nominated him for the position in July 2001, and he was confirmed by the Senate. He will go on to chair the Border and Immigration Subcommittee of the Attorney General’s Advisory Committee (AGAC), replacing US Attorney David Iglesias of New Mexico (see October 18, 2001). He will also create a program to protect crime victims, praised by the Justice Department as a “model program” in 2006. He and his staff will consistently be ranked in the top three US Attorneys’ offices in number and quality of prosecutions and convictions, and have notably high rates of convictions in the targeted areas of drugs, weapons, and immigration crimes. Charlton will also establish the Anti-Terrorism Advisory Council (ATAC), which will successfully improve communications and coordination between numerous law enforcement agencies. 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. [Iglesias and Seay, 5/2008, pp. 119; US Department of Justice, Office of the Inspector General, 9/29/2008]
For the first time, a major newspaper publishes an article strongly suggesting Flight 93 was shot down. The Philadelphia Daily News quotes numerous eyewitnesses who believe the plane was shot down. The FBI has reported a half-ton piece of an engine was found “a considerable distance” from the main crash site. “That information is intriguing to shootdown theory proponents, since the heat-seeking, air-to-air Sidewinder missiles aboard an F-16 would likely target one of the Boeing 757’s two large engines.” The article concludes, “No one has fully explained why the plane went down, or what exactly happened during an eight-minute gap from the time all cell phone calls from the plane stopped and the time it crashed.” [Philadelphia Daily News, 11/15/2001]
Mohammed Atef. [Source: FBI]Al-Qaeda leader Mohammed Atef (a.k.a. Abu Hafs) is believed to have been killed in Gardez, near Kabul, Afghanistan. Atef is considered al-Qaeda’s military commander, and one of its top leaders. Initial reports claim he was killed by a US bombing raid, but later reports will reveal he was hit by Hellfire missile fired from a Predator drone. [US Department of State, 11/16/2001; ABC News, 11/17/2001; Newsweek, 11/11/2002] CIA Director George Tenet will later indicate that Atef was “a key player in the 9/11 attacks,” but the exact nature of his role has not been revealed. [Tenet, 2007, pp. 187] Documents and videotapes are discovered by US forces in the rubble after the raid. Details on two upcoming al-Qaeda attacks are discovered. Investigators examining the videotapes find images of about 50 al-Qaeda operatives (see November 15-Late December 2001). [Suskind, 2006, pp. 57]
Cate Jenkins, Ph.D., a senior chemist in the EPA’s Hazardous Waste Identification Division, writes in a memo to Monona Rossol of the Arts, Crafts, and Theater Safety (ACTS) organization that the EPA is ignoring federal asbestos-abatement laws in buildings close to the World Trade Center site. The 22-year veteran of the agency says that EPA officials “effectively waived” the EPA’s “strict national regulations for removal and disposal of asbestos contaminated dust” by advising residents and commercial building managers in Lower Manhattan to follow the “extremely lenient (and arguably illegal) asbestos guidelines of the New York City Department of Health.” She notes that EPA testing discovered the presence of asbestos levels above the one percent “action level” in dust samples from at least 30 locations, some of which were located within five to seven blocks of Ground Zero. After the memo is reported in the New York Daily News, EPA officials will assert that Jenkins doesn’t understand the law (see (November 19, 2001)). [Jenkins, 11/15/2001; New York Daily News, 11/20/2001 ]
John Yoo and Robert Delahunty of the Justice Department’s Office of Legal Counsel (OLC) write a classified memo to John Bellinger, the senior legal counsel to the National Security Council. Yoo and Delahunty claim that President Bush has the unilateral authority to “suspend certain articles” of the Anti-Ballistic Missile Treaty between the US and Russia (see May 26, 1972). Six months later, President Bush will withdraw the US from the treaty (see December 13, 2001). [US Department of Justice, 11/15/2001 ; American Civil Liberties Union [PDF], 1/28/2009 ] The memo will not be released until two months after the Bush administration leaves the White House (see March 2, 2009).
President Bush’s order to establish military tribunals, or commissions, to try suspected terrorists (see November 13, 2001) is defended by Vice President Cheney, who tells reporters that the suspects subjected to such tribunals “don’t deserve to be treated as prisoners of war. They don’t deserve the same guarantees and safeguards we use for an American citizen.” Law professor Douglas Kmiec agrees. “This is the answer for what we’re dealing with: unlawful belligerents who do not come within our constitutional structure,” he says. “The president’s order is not extraordinary when one places it in the context of historic military campaigns.” Civil libertarians and administration critics disagree. Representative John Conyers (D-MI) says military commissions are based on the “thinnest legal precedents” and would “antagonize our allies and alienate the many legal immigrants in this country.” Law professor Anne-Marie Slaughter notes: “President Bush has said this is a war to bring terrorists to justice. So the real question is, what’s justice? That requires a fair trial and proof beyond a reasonable doubt, and that is not the aim of a military tribunal.” A better option, she says, would be convening an international war crimes tribunal. And law professor Joshua Rosenkranz says: “There is a natural temptation to hunker down whenever we are in crisis. But there is a danger that this hysteria-driven effort to protect to ourselves is weakening the foundations of our democracy.” [USA Today, 11/15/2001]
A still from the casing video shows a US warship docked in Singapore. [Source: CBC]After killing al-Qaeda military commander Mohammed Atef and other operatives with a Predator drone (see November 15, 2001), US forces search the building where he was killed and find lots of evidence about al-Qaeda members and various plots. One of the pieces of evidence found is a casing video for an attack on US personnel in Singapore, which al-Qaeda and Jemaah Islamiyah (JI) have been plotting for some time (see June 2001). [Suskind, 2006, pp. 56-57] Shortly before dying, Atef instructed JI leader Hambali to conduct the operation fast, because of the US invasion of Afghanistan. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/8/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 3/8/2006] In addition, JI is also plotting a wave of embassy attacks. A senior Western diplomat will later comment: “There was an imminent danger. Their plans could have been operational in a week.” However, many militants are arrested in Southeast Asia in mid-December and the attacks never happen. US officials initially claim that the passage of the video to Singapore helps with the arrests. But Singapore authorities later point out that they did not receive the tape until the end of December and they had already arrested everybody by then based on information they had acquired on their own. They had also found a copy of the video in a suspect’s house in Singapore. [Washington Post, 2/3/2002; Washington Post, 2/3/2002; Dallas Morning News, 3/16/2002]
In mid-November 2001, a second anthrax letter appears in Senator Tom Daschle’s office. According to a later Washington Post article, “This [letter] had passed through irradiation equipment to kill anthrax spores, and the powdery material packed in the envelope tested benign.” Details about the letter are scanty, but it is known that it is postmarked in mid-November from London. The white powder apparently is harmless talc. The letter contains similar language to the real anthrax letters, except the phrase “Stop the bombing” is added. Scientist Steven Hatfill, who is already starting to come under suspicion for the anthrax attacks (see Late 2001), is in Britain at the time, attending a specialized training course to become a UN weapons inspector in Iraq. The course takes place about 70 miles from London. This increases suspicions on Hatfill and the FBI asks British police to help retrace his every move. But it is never shown that he had anything to do with the letter. It is unknown if the letter contains any writing or other clues that would match the deadly anthrax letters. [Associated Press, 1/4/2002; Washington Post, 9/14/2003]
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