!! History Commons Alert, Exciting News
Events: (Note that this is not the preferable method of finding events because not all events have been assigned topics yet)
Page 81 of 100 (10000 events (use filters to narrow search))previous
Two psychologists, James Mitchell and Bruce Jessen, draft a paper on the use of harsh interrogations to break suspected al-Qaeda terrorists. Mitchell, a retired Air Force psychologist, and Jessen, the senior psychologist in charge of the Joint Personnel Recovery Agency (JPRA)‘s Survival, Evasion, Resistance, and Escape (SERE) training program, will soon begin consulting for both the Pentagon and a variety of US intelligence agencies on the harsh methods—torture—they advocate. Jessen proposes an interrogation program similar to those later adopted by the CIA and Pentagon. His proposal recommends creating what he calls an “exploitation facility,” off-limits to outside observers including journalists and representatives of the International Committee of the Red Cross, the agency detailed to ensure that captives in the custody of other nations are being treated properly in accordance with the Geneva Conventions. In the “exploitation facility,” interrogators would use such tactics as sleep deprivation, physical violence, and waterboarding to break the resistance of captured terrorism suspects. JPRA officials will later add their own suggestions to Jessen’s initial list, including sexually provocative acts by female interrogators and the use of military dogs. Most of these techniques are considered torture under the Geneva Conventions and the Convention Against Torture. [Washington Post, 4/22/2009]
At the request of CIA Director George Tenet, the White House orders the FBI to hand Ibn al-Shaykh al-Libi, a captured al-Qaeda operative being held in Afghanistan (see December 19, 2001), over to the CIA. One day before the transfer, a CIA officer enters al-Libi’s cell, interrupting an interrogation being conducted by FBI agent Russel Fincher, and tells al-Libi: “You’re going to Cairo, you know. Before you get there I’m going to find your mother and I’m going to f_ck her.” Soon after, al-Libi is flown to Egypt. [Newsweek, 6/21/2004; Washington Post, 6/27/2004; Isikoff and Corn, 2006, pp. 121] The CIA officer will later be identified as “Albert,” a former FBI translator. [Mayer, 2008, pp. 106] Presumably, this is the same former FBI translator named “Albert” who will later threaten al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill during interrogations (see Between December 28, 2002 and January 1, 2003 and Late December 2002 or Early January 2003). [Associated Press, 9/7/2010] Vincent Cannistraro, former head of the CIA’s Counterterrorist Center, will later say: “He’s carried off to Egypt, who torture him. And we know that he’s going to be tortured. Anyone who’s worked on Egypt, has worked on other countries in the Middle East, knows that. Egyptians torture him, and he provides a lot of information.” [PBS Frontline, 6/20/2006]
Provides Mix of Valid, False Information - It is unclear whether al-Libi is interrogated solely by Egyptian officials, or by a combination of Egyptian and CIA interrogators. Al-Libi is subjected to a series of increasingly harsh techniques, including at least one, waterboarding, that is considered torture (see Mid-March 2002). Reputedly, he is finally broken after being waterboarded and then forced to stand naked in a cold cell overnight where he is repeatedly doused with cold water by his captors. Al-Libi is said to provide his Egyptian interrogators with valuable intelligence about an alleged plot to blow up the US Embassy in Yemen with a truck bomb, and the location of Abu Zubaida, who will be captured in March 2002 (see Mid-May 2002 and After). However, in order to avoid harsh treatment he will also provide false information to the Egyptians, alleging that Iraq trained al-Qaeda members in bomb making and poisons and gases. Officials will later determine that al-Libi has no knowledge of such training or weapons, and fabricates the statements out of fear and a desire to avoid further torture. Sources will later confirm that al-Libi did not try to deliberately mislead his captors; rather, he told them what he thought they wanted to hear. [ABC News, 11/18/2005; New York Times, 12/9/2005]
Using Allegations in White House Statements - Both President Bush (see October 7, 2002) and Secretary of State Colin Powell (see February 5, 2003) will include these allegations in major speeches.
Shifting Responsibility for Interrogations to CIA from FBI - The FBI has thus far taken the lead in interrogations of terrorist suspects, because its agents are the ones with most experience. The CIA’s apparent success with al-Libi contributes to the shift of interrogations from the bureau to the CIA. [Washington Post, 6/27/2004] Such methods as making death threats, advocated by the CIA, are opposed by the FBI, which is used to limiting its questioning techniques so the results from interrogations can be used in court. [Washington Post, 6/27/2004] “We don’t believe in coercion,” a senior FBI official says. [Guardian, 9/13/2004]
Mullah Obaidullah Akhund.
[Source: Public domain]Seven former Taliban leaders surrender to the Northern Alliance near Kandahar, Afghanistan, but are released. Two are on a US list of twelve most wanted Taliban leaders: Defense Minister Mullah Obaidullah Akhund and Justice Minister Mullah Nooruddin Turabi. Akhund “is considered by American intelligence officials to have been one of the Taliban leaders closest to Mr. bin Laden.” The US military denies reports of their release, but officials of the new Afghan government confirm the account and are unrepentant about it. They claim they are following through on an announced policy to grant amnesty to any Taliban leaders who surrender. CNN reports, “Though US forces expressed interest in the men,… they accepted the Afghan decision to let them go, and have given no indication they are pursuing them…” This follows other accounts of Taliban leaders being released in December 2001 (see December 24, 2001). A senior Pakistani official will later note, “Unbelievably, not one [Taliban cabinet minister] was killed, arrested, or defected to opposition forces during the two-month-long, nonstop bombing.” It appears that the highest ranking Taliban leader to have been killed or captured is the deputy foreign minister, who was killed in a bombing raid. [Washington Post, 12/17/2001; New York Times, 12/20/2001; Washington Post, 1/10/2002; CNN, 1/10/2002] Mullah Obaidullah Akhund will later become one of the most important leaders of the continued Taliban resistance. In 2004, it will be reported that Pakistan is allowing him and other Taliban leaders to freely come and go through Pakistan (see August 18, 2005). [Boston Globe, 7/11/2004]
Harold Rhode. [Source: Publicity photo]Harold Rhode, a specialist on Islam who speaks Hebrew, Arabic, Turkish, and Farsi, moves into the Pentagon Office of Net Assessment, “an in-house Pentagon think tank” run by Andrew Marshall. Rhode, along with Douglas Feith, whose appointment to Undersecretary of Defense for Policy is not approved until July, imposes a new anti-Iraq and anti-Arab orientation on the department. The two men purge the department of career Defense Department officials whose worldviews are not considered sufficiently compatible with the neoconservative perspective. An intelligence analyst will tell reporter Robert Dreyfuss that Rhode appeared to be “pulling people out of nooks and crannies of the Defense Intelligence Agency and other places to replace us with.” The source adds: “They wanted nothing to do with the professional staff. And they wanted us the f_ck out of there.” [Mother Jones, 1/2004]
Tim Reid, a journalist from the London Times, visits the Kandahar city jail and meets with Jamal Udeen (see October 2001), formerly a prisoner of the Taliban, four times in one week. Udeen is still trying to find a way back to Britain. His four fellow inmates are a Russian from Tartarstan, two Saudi Arabians and a Syrian Kurd; all free to go, but waiting for an opportunity. Udeen tells Reid resolutely that he was not in Afghanistan to fight for the Taliban or al-Qaeda. “If I came here to fight, I wouldn’t have been thrown in prison,” he argues. “I travel all the time. That is all I was doing.” Reid later says: “I felt sure he was no terrorist. I even tried to get him released.” [London Times, 3/11/2004]
Attorney Michael Barasch tells the Associated Press that he has filed legal notices on behalf of 700 firefighters and 300 police officers, fire marshals and emergency medical technicians, who have developed respiratory conditions after working at the World Trade Center disaster site. The legal notices are meant to preserve the plaintiffs’ right to sue the City of New York at a later date on the premise that the city failed to follow federal regulations and provide the appropriate respirators to the rescue workers at the disaster site. [Associated Press, 1/13/2002; Nordgren, Goldstein, and Izeman, 2/2002 ]
EPA spokeswoman Bonnie Bellow tells the Washington Post: “There is nothing we have found that is at a significant level that would say you should not come here to live or work.” [Washington Post, 1/8/2002]
Mohammed Saad Iqbal Madni. [Source: Public domain]The CIA sends a request to Indonesia to arrest suspected 24-year old al-Qaeda operative Mohammed Saad Iqbal Madni and extradite him to Egypt. The CIA found his name in al-Qaeda documents obtained in Afghanistan. The agency believes that Iqbal, a Pakistani, worked with Richard Reid (see December 22, 2001), the Briton charged with attempting to blow up an American Airlines flight from Paris to Miami on December 22 with explosives in his shoes. A few days later, the Egyptian government sends Jakarta a formal request to extradite Madni in connection with terrorism, providing Indonesian authorities with a convenient cover for complying with the CIA request. On January 9, Iqbal is detained in Jakarta by Indonesia’s State Intelligence Agency at the insistence of the CIA. He is flown to Egypt two days later (see January 11, 2002). [Washington Post, 3/11/2002]
Former ambassador Joseph Wilson has numerous conversations with Brent Scowcroft, the former national security adviser to the first President Bush (see September 1998), and the head of the Foreign Intelligence Advisory Board, about what Wilson sees as the worrisome drive to war with Iraq in the aftermath of the 9/11 attacks. Wilson is particularly worried about the neoconservatives in the current Bush administration and their call for the implementation of the Iraq Liberation Act (see October 31, 1998) by declaring war against Iraq. Scowcroft is dismissive of the administration neoconservatives, calling them “right-wing nuts” and assuring Wilson, “They will not win the policy.” Wilson is not so sure, telling Scowcroft that, as he will write in 2004, “[w]e were committing our future… to a band of fanatics whose approach was the opposite of that pursued by the first President Bush, or articulated by candidate George W. Bush (see October 3, 2000 and October 11, 2000)…” Wilson believes, wrongly that Scowcroft’s “sage counsel [is] being listened to in the White House” (see October 16, 2001). [Wilson, 2004, pp. 290-291]
Vice President Dick Cheney, sometimes accompanied by his chief of staff, Lewis “Scooter” Libby, visits the offices of US intelligence analysts working at CIA headquarters in Langley, Virginia “approximately 10” times. He interrogates them on their intelligence work on Iraq. Some analysts later complain that Cheney’s visits made them feel pressured to provide the administration with conclusions that supported the case for war. Other analysts will say they did not feel pressured. [Washington Post, 6/5/2003; Sydney Morning Herald, 6/5/2003; Guardian, 7/17/2003; Bamford, 2004, pp. 336; Vanity Fair, 5/2004, pp. 242] Michael Sulick, deputy chief of the CIA’s Directorate of Operations, will later recall, “It was like they were hoping we’d find something buried in the files or come back with a different answer.” As a result of these visits, Sulick believes that agency analysts became “overly eager to please.” [Isikoff and Corn, 2006, pp. 4-5] According to Ray McGovern, a 27-year veteran CIA analyst, these visits were “unprecedented.” [Common Dreams, 7/23/2003] In 2006, author Craig Unger will call the visits “a highly irregular occurrence.” Former CIA analyst Melvin Goodman will recall: “I was at the CIA for 24 years. The only time a vice president came to the CIA building was for a ceremony, to cut a ribbon, to stand on a stage, but not to harangue analysts about finished intelligence.… When they go, it’s usually for some ceremonial reason, to hand out an award or to cut a ribbon. Then they get the hell out.” Former DIA analyst Patrick Lang will say: “Many, many of them [CIA analysts] have told me they were pressured. And there are a lot of ways. Pressure takes a lot of forms.” A State Department official will note: “For the vice president to be meeting with analysts, that was a real red flag. It was so unusual. It was clear that people were being leaned on. Usually, if a high-ranking official wants information, it gets tasked out through appropriate channels. It was highly unusual to lock these people in a room and keep pressing. It crossed the line between… intellectual inquiry and not accepting the real answer.” Another intelligence source says: “[Cheney] wanted them to make a connection between Iraq and al-Qaeda. He already got them to agree on nuclear weapons. But he wanted the al-Qaeda connection.” Retired CIA officer Richard Kerr, brought back to the agency to study intelligence failures, later describes “overwhelming consumer demand” on agency analysts, which Kerr will say results in flawed intelligence reports. The pressure brought on analysts, another source says, is “brutal.” [Dubose and Bernstein, 2006, pp. 211; Unger, 2007, pp. 262-263] Former House Speaker Newt Gingrich (R-GA) also makes visits to CIA headquarters in Langley. [Guardian, 7/17/2003]
Walid al-Qadasi, a 22-year-old Yemeni, is captured in Iran and transferred to US custody, where he is soon transferred to an Afghan prison. Like another captive, Wisam Ahmed (see December 2001 and After), al-Qadasi calls the site the “Dark Prison.” (Civil rights activist Andy Worthington later writes that he believes Ahmed and al-Qadasi were kept at different sites.) Al-Qadasi will later recall: “The Americans interrogated us on our first night which we coined as ‘the black night.’ They cut our clothes with scissors, left us naked, and took photos of us before they gave us Afghan clothes to wear. They then handcuffed our hands behind our backs, blindfolded us, and started interrogating us.… They threatened me with death, accusing me of belonging to al-Qaeda.” After the initial interrogation, he recalls: “They put us in an underground cell measuring approximately two meters by three meters. There were 10 of us in the cell. We spent three months in the cell. There was no room for us to sleep so we had to alternate.… It was too hot in the cell, despite the fact that outside the temperature was freezing (there was snow), because the cell was overcrowded.” He will recall being fed only once a day, tormented by ear-splittingly loud music, and will say that one of his fellow detainees “went insane.” According to his later statement, when Red Cross representatives come to visit, the most severely disturbed prisoners are secretly moved to another cell that is off limits. Al-Qadasi will be transferred to Guantanamo, and in 2004 will be remanded into Yemeni custody. [Future of Freedom Foundation, 4/27/2009]
As the United States and its allies ready themselves for war with Iraq, numerous press reports say that the US military may use newly-developed “directed energy” weapons during Operation Iraqi Freedom. Directed energy weapons (DEW) are based on laser technology. The most advanced DEW and most likely to be actually deployed is a high-powered microwave (HPM) used to destroy enemy electronics by releasing an electro-magnectic pulse or EMP, akin to an electric surge caused by lightning. The danger of an electro-magnetic pulse was first realized in the 1960s during nuclear weapons research. A nuclear explosion can release enough radiation to “fry” electronic equipment. The US and Soviet militaries are known to have devoted considerable efforts to harden their equipment against such damage. Since the 1980s, the United States has also researched the use of a high-powered microwave as an offensive weapon to disable enemy communications, electric, and computing equipment. Such research has taken place primarily at Kirtland Air Force Base, in New Mexico, under the purview of the Air Force Research Laboratory’s Directed Energy Directorate. The Kirtland center has about 600 employees and a 120 million dollars annual budget. US companies such as TRW, Raytheon and Lockheed Martin are also involved in the field. [Economist, 1/30/2003; Reuters, 2/2/2003; New York Times, 2/20/2003; Associated Press, 3/19/2003]
Vice President Dick Cheney makes an unusually personal plea to President Bush to redirect the US war on terror to focus on Iraq and Saddam Hussein. Several of Bush’s senior aides have argued the point before, but until now the US strategy has been to root out al-Qaeda from Afghanistan. Cheney argues that in 1991 he was part of the team that created what he now believes to be a flawed policy—leaving Hussein in power after the Gulf War—and now Bush can correct that error (see February 1991-1992). Cheney’s argument is very successful. “The reason that Cheney was able to sell Bush the policy is that he was able to say, ‘I’ve changed,’” a senior administration official will say. “‘I used to have the same position as [James] Baker, [Brent] Scowcroft, and your father—and here’s why it’s wrong.’” By late February or early March of 2002, Bush has swung to the position Cheney advocates, so much so that he interrupts a meeting between National Security Adviser Condoleezza Rice and three senators to boast: “F_ck Saddam. We’re taking him out” (see (March 2002)). [New Republic, 11/20/2003] According to his 2008 book What Happened, deputy press secretary Scott McClellan isn’t sure why Cheney is so determined to invade Iraq. McClellan will state flatly that “some, like Cheney, [Defense Secretary Donald] Rumsfeld, and [Deputy Defense Secretary Paul] Wolfowitz were evidently pursuing their own agendas,” and will note that “[t]he most significant of their personal agendas was probably Cheney’s, given his closeness to the president and his influence over him.” Because of “Cheney’s personality and his penchant for secrecy,” McClellan believes his agenda “is the most likely to remain unknown.” Whether Cheney was driven to “finish the job he started as defense secretary in 1991,” when the US invaded Iraq but did not topple the Hussein regime (see January 16, 1991 and After), or whether he sought to “give America more influence over Iraq’s oil reserves,” McClellan is unsure. McClellan will write that Condoleezza Rice, President Bush’s top foreign policy adviser, should have stood up to the “forceful personalities” of Cheney, Rumsfeld, and Wolfowitz, “rather than deferring to them.” But, he will write, “my later experiences with Condi led me to believe that she was more interested in figuring out where the president stood and just carrying out his wishes while expending only cursory effort on helping him understand all the considerations and potential consequences” of an invasion. Bush, McClellan will observe, is “intellectually incurious” and prone to make decisions based on instinct rather than “deep intellectual debate.” McClellan believes that Bush’s mistakes “could have been prevented had his beliefs been properly vetted and challenged by his top advisers. Bush’s top advisers, especially those on his national security team, allowed the president to be put in the position he is in today. His credibility has been shattered and his public standing seemingly irreparably damaged.” [McClellan, 2008, pp. 145-146]
Zalmay Khalilzad, already Special Assistant to the President and Senior Director for Gulf, Southwest Asia and Other Regional Issues, and a prominent neoconversative (see May 23, 2001), is appointed by President Bush as a special envoy to Afghanistan. [BBC, 1/1/2002] In his former role as Unocal adviser, Khalilzad participated in negotiations with the Taliban to build a pipeline through Afghanistan. He also wrote op-eds in the Washington Post in 1997 (see October 7, 1996) supporting the Taliban regime, back when Unocal was hoping to work with the Taliban. [Independent, 1/10/2002] He will be appointed US ambassador to Afghanistan in 2003 (see November 2003).
The US wants al-Qaeda leader Hassan Ghul arrested, but the Pakistani government will not do so, apparently because he is part of a Pakistani militant group supported by the ISI, Pakistan’s intelligence agency. Details and timing are vague, but US intelligence becomes increasingly interested in Ghul. He is believed to be part of al-Qaeda leader Abu Zubaida’s secret network of moneymen and couriers. According to a 2011 article by the Associated Press, the CIA has been pressing the Pakistani government to arrest Ghul “for years.” After 9/11, Ghul hides in Lahore, Pakistan, in safe houses run by the Pakistani militant group Lashkar-e-Toiba (LeT). This group helps many al-Qaeda operatives escape Afghanistan and hide in Pakistan after 9/11, and it even helps Zubaida escape and hide (see Late 2001-Early 2002). However, the ISI refuses to arrest Ghul. The Associated Press will report that “former CIA officers who targeted Ghul said he had ties to the Lashkar-e-Toiba terror group, which had the backing of the ISI.” Eventually, the CIA learns that Ghul plans to meet with al-Qaeda operatives fighting against US forces in Iraq. Ghul is captured in Iraq on January 23, 2004 (see January 23, 2004). However, the Pakistani government is said to be furious that Ghul has been captured, and the US is pressed to return him. The US transfers him to a secret CIA prison instead. [Associated Press, 6/15/2011]
Senator John McCain (R-AZ), speaking before US troops on the aircraft carrier USS Theodore Roosevelt in the Arabian Sea, shouts out, “Next stop, Baghdad!” [New York Times, 8/16/2008]
Some of the weapons found aboard the ‘Karine A.’ [Source: Associated Press / BBC]Israeli commandos seize a freighter, the “Karine A” (or “Karin A”), in the Red Sea 300 miles off the coast of Israel, in an operation dubbed “Operation Noah’s Ark.” Eli Marum, an Israeli Navy operations chief, says the operation took less than eight minutes and did not require a single shot being fired. “The crew was fully surprised,” he says. “They did not anticipate that we would strike so far out into the Red Sea.” Israeli officials claim the freighter contains a large store of Iranian-supplied weapons—including Katyusha rockets capable of destroying tanks, mortars, grenades, Kalashnikov assault rifles, anti-tank missiles, high explosives, and two speedboats—for use by Palestinian fighters against Israeli targets. The Palestinian Authority is forbidden by treaty to own such weaponry. Israel also claims that the captain of the freighter, Omar Akawi, has direct ties to the Palestinian Authority and to its leader, Yasser Arafat. (According to Israeli sources, Akawi claims he is a member of Arafat’s organization Fatah.) Defense Minister Binyamin Ben-Eliezer tells European Union (EU) authorities that the freighter “was purchased by the Palestinian Authority after September 11” and that “the whole operation was managed and funded by the Palestinian Authority in cooperation with Iran and other sources.” [BBC, 1/10/2002; Guardian, 1/21/2002; Jewish Virtual Library, 2009] “What Iran is trying to do is create another base, besides its base in Lebanon” to threaten Israel, says Major General Giora Eiland, the Israeli Army’s chief of planning. [New York Times, 1/12/2002]
Arafat's Denials - Initially, Arafat denies any connection whatsoever with the shipment, accusing Israel of fomenting a propaganda attack to thwart US-led efforts to implement a cease-fire agreement, and says Israel “fabricated” the whole affair. Ahmed Abdel Rahman, the secretary general of the Palestinian cabinet, calls the operation “an Israeli trap.” Later, Arafat continues to insist that he had no involvement in the affair, but admits that he cannot control “everyone” in the Palestinian Authority. American and Israeli intelligence officials note that the weaponry on board the “Karine A” is similar to that of a “wish list” allegedly drawn up by senior Palestinian officials under Arafat’s direction. [New York Times, 1/12/2002; Jewish Virtual Library, 2009]
Propaganda by Israel? - Some, such as Guardian reporter Brian Whitaker, believe that Israel is using the incident to persuade the EU to stop funding the Palestinian Authority. And, Whitaker notes, Israeli lawmakers and pundits such as former President Benjamin Netanyahu are using the incident to argue that the idea of Palestinian statehood be permanently scrapped. Whatever the truth of the matter, the attempts suffer setbacks when documents show that an Iraqi, Ali Mohamed Abbas, purchased the ship, and other records disprove the Israelis’ claims about the ship’s cargo, which Israel says it picked up in Yemen. It seems clear that the freighter was indeed carrying weapons, but little of Israel’s other claims—they were Iranian in origin and intended for Palestinian use against Israel—are borne out by ascertainable facts.
Hezbollah Connection? - American intelligence sources later speculate that the weapons may have been intended for Hezbollah, the Lebanese Shi’ite militant organization with close ties to Iran, and not the Palestinians. Israel is initially resistant to the idea, but Israeli defense sources later tell Israeli reporters that it was “certainly possible that some of the arms were earmarked for Hizbullah,” though it is certain that most “were clearly bound for the Palestinian Authority.” Whitaker echoes skeptics’ disbelief about the Hezbollah claim, noting that there are easier and more secure methods of delivering arms to Lebanon than a risky sea voyage past Israeli patrol boats. [Guardian, 1/21/2002] Israel names reputed senior Hezbollah security officer Imad Mughniyeh as a key figure in the incident. Mughniyeh has not been heard from for years by Western intelligence, but is wanted by the FBI for his participation in kidnapping Americans in Beirut during the 1980s and the hijacking of a TWA passenger plane. The BBC reports, “Correspondents say the Israeli government has been going to great lengths to convince Washington that the Palestinian leader Yasser Arafat is linked to Tehran and the pro-Iranian Hezbollah, and hence to what it sees as international terrorism.” [BBC, 1/10/2002]
Iranian Connection Unlikely - And the Iranian connection is similarly hard to swallow. Though Israel insists that the arms prove a new and disturbing connection between Iran and Palestinian militants, Whitaker writes, “most non-Israeli observers of Iran ridicule the idea totally, for a variety of historical, political and religious reasons. It also conflicts with the foreign policies adopted by [Iranian] President [Mohamed] Khatami.” He goes on to add: “The trouble with Iran, though—as one Iranian exile remarked last week—is that it has two governments and 10,000 leaders. If you are going to pin blame, you have to determine which one is responsible.” Whitaker is referring to Iran’s religious and secular leaders, who are often at odds with one another, and to the propensity of Iranian leaders from both sides to conduct independent operations without “official” government sanction. [Guardian, 1/21/2002] The New York Times notes: “Iran’s government has dismissed the Israeli accusations. But Iran’s Revolutionary Guards have discretionary funds and access to weapons, and they often run operations independent of the elected government of… Khatami.” [New York Times, 1/12/2002] The “Karine A” incident helps prompt Bush officials to include Iran as a member of the so-called “axis of evil,” disrupting backchannel negotiations between Iranian and US officials (see January 29, 2002).
Entity Tags: Fatah al-Islam, Omar Akawi, Giora Eiland, Hezbollah, Eli Marum, Bush administration (43), Brian Whitaker, Ahmed Abdel Rahman, Yasser Arafat, Hojjat ol-Eslam Seyyed Mohammad Khatami, Imad Mughniyeh, Benjamin Ben-Eliezer, Benjamin Netanyahu, Ali Mohamed Abbas
Timeline Tags: US International Relations
A firefighter trade magazine with ties to the New York Fire Department calls the investigation into the collapse of the WTC a “half-baked farce.” The article points out that the probe has not looked at all aspects of the disaster and has had limited access to documents and other evidence. “The destruction and removal of evidence must stop immediately.” The writer, Bill Manning, states, “I have combed through our national standard for fire investigation, NFPA 921, but nowhere in it does one find an exemption allowing the destruction of evidence for buildings over 10 stories tall.” He concludes that a growing number of fire protection engineers have theorized that “the structural damage from the planes and the explosive ignition of jet fuel in themselves were not enough to bring down the towers.” Yet, “[a]s things now stand and if they continue in such fashion, the investigation into the World Trade Center fire and collapse will amount to paper- and computer-generated hypotheticals.” [Fire Engineering, 1/2002; New York Daily News, 1/4/2002]
Michael Edward Smith, a well-dressed young man wearing sunglasses and surgical gloves, sits in a parked car across from the Sherith Israel Congregation synagogue in Nashville, Tennessee. Smith has an AR-15 assault rifle, and plans on shooting someone either entering or exiting the building. A passing motorist sees Smith and his rifle and calls the police. When police confront Smith outside his apartment, he refuses to surrender, and manages to break away to his car, where he proceeds to flee down Interstate 65 while holding a gun to his own head. The chase ends in a parking lot outside a pharmacy, where the police find the AR-15, a handgun, ammunition, and surgical gloves in Smith’s car. After learning of the incident, Deborah Lauter of the Anti-Defamation League tells reporters: “The sight of a man pointing an assault rifle at a synagogue is chilling. We are thankful to the person who reported the incident and to law enforcement for their swift actions in apprehending the suspect.” Smith, a member of the violent, neo-Nazi National Alliance (see 1970-1974), has been influenced by two books, both published by Alliance founder William Pierce: The Turner Diaries, which tells of a genocidal race war in a near-future America (see 1978), and Hunter, a novel depicting a lone assassin gunning down Jews and African-Americans (see 1988). Three days later, he is charged with multiple felonies after divulging his ties to the National Alliance and the existence of a small arsenal in his apartment, in a storage facility, and buried on his parents’ land in the country. Authorities find, among other items: an anti-tank rocket; eight firearms, including a sniper rifle; 13 grenades; 13 pipe bombs; over 2,000 rounds of armor-piercing ammunition; smoke bombs; dynamite fuses; and two duffel bags filled with chemicals. They also find copies of both novels and other materials from the Alliance and the Ku Klux Klan, to which he also admits membership. The FBI classifies Smith as a “domestic terrorist.” James Cavanaugh of the Bureau of Alcohol, Tobacco and Firearms (BATF) says: “Basically, we’ve got hand grenades, we’ve got assault rifles, and we’ve got a mind full of hate and a recipe for disaster.… Anybody who would stockpile that stuff is certainly on the precipice of using them.” Smith readily admits his admiration for the fictional main chacter of Hunter, Oscar Yeager, who in the first scene of the book assassinates an interracial couple from a vantage point inside his car. And, he says, the National Alliance and the KKK gave him training in “how to make and how to use explosives, [and gave him] sniper and combat training.” Smith tells questioners that he “dislike[s] Jews.” Local activists later tell the FBI that Smith took part in a November 2001 National Alliance rally outside the Israeli embassy in Washington, DC. Authorities later find an email from Smith stating Jews “perhaps” should be “stuffed head first into an oven.” [Center for New Community, 8/2002 ; Anti-Defamation League, 5/27/2003; Southern Poverty Law Center, 6/2005] Smith will later plead guilty to four weapons-related offenses. [Anti-Defamation League, 5/27/2003]
Entity Tags: National Alliance, James Cavanaugh, Federal Bureau of Investigation, Deborah Lauter, Ku Klux Klan, Michael Edward Smith, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Sherith Israel Congregation, William Luther Pierce
Timeline Tags: US Domestic Terrorism
Plane’s tail hangs from the Bank of America building in Tampa, Florida. [Source: Anomalies-Unlimited]Fifteen-year-old Charles J. Bishop, a high school student from Tarpon Springs, Florida, steals a small aircraft. As soon as the plane takes off, the air traffic controllers alert the United States Coast Guard and MacDill Air Force Base. Despite repeated warnings from a helicopter dispatched by the Coast Guard, the small plane continues on until it collides with an office building. The plane crashes between the 23rd and 24th floors of the 42-story Bank of America Tower in Tampa at 5:00 p.m. Before the incident, he is authorized to do a pre-flight check but not to get in an aircraft alone.
Investigation - After the crash, investigators discover that the teen had a troubled past. Officials rule out terrorism although eye witnesses say that the plane makes no apparent attempt to avoid hitting the building. Officials finally suggest that the crash is an apparent suicide. In addition, a note found in the wreckage states that he voices support for Osama bin Laden. However, there is no evidence that the teen has any connection with any terror group. Later authorities confiscate a computer from Bishop’s parents’ house to figure out what motive is involved in the incident. Moments after the incident, President George W. Bush is briefly informed about the incident and two unrelated crashes that same day. In April 2002, transcripts obtained from the Federal Aviation Administration (FAA) reveal new details about the incident, which include how close the small plane came to a Southwest Airlines flight.
Other Consequences - Bishop’s mother files a $70 million dollar lawsuit against Roche Laboratories, who makes an acne medicine called Accutane. According to the lawsuit claim the medicine has side effects such as depression and suicidal actions, which the claim states was the cause of the incident. Also, numerous security measures are taken in response to the incident. The FAA releases a security notice on January 6, the day after the incident. The notice includes security and regulations pertaining to underaged flight students. In addition, the FAA and other similar aircraft organizations propose more security of flight schools and small aircraft. While authorities state that the crash is due to an “abuse of trust” rather than a security breach, others argue for the need of increased security due to the simplicity of such actions. [Anomalies-Unlimited, 7/28/2006]
Mullah Mohammed Omar. [Source: CBC]The US allegedly locates former Taliban leader Mullah Omar and 1,500 of his soldiers in the remote village of Baghran, Afghanistan. After a six-day siege, and surrounded by US helicopters and troops, Omar and four bodyguards supposedly escape the dragnet in a daring chase on motorcycles over dirt roads. His soldiers are set free in return for giving up their weapons, in a deal brokered by local leaders. Yet it remains unclear if Omar was ever in the village in the first place. [Observer, 1/6/2002]
Ali Gilani. [Source: CNN]The Boston Globe reports that shoe bomber Richard Reid may have had ties with an obscure Pakistani group called Al-Fuqra. Reid apparently visited the Lahore, Pakistan, home of Ali Gilani, the leader of Al-Fuqra. [Boston Globe, 1/6/2002] Reporter Daniel Pearl reads the article and decides to investigate. [Vanity Fair, 8/2002] Pearl believes he is on his way to interview Gilani when he is kidnapped. [Pittsburgh Tribune-Review, 3/3/2002] A 1995 State Department report said Al-Fuqra’s main goal is “purifying Islam through violence.” [Vanity Fair, 8/2002] Intelligence experts now say Al-Fuqra is a splinter group of Jaish-e-Mohammed, with ties to al-Qaeda. [United Press International, 1/29/2002] Al-Fuqra claims close ties with the Muslims of the Americas, a US tax-exempt group claiming about 3,000 members living in rural compounds in 19 states, the Caribbean, and Europe. Members of Al-Fuqra are suspected of at least 13 fire bombings and 17 murders, as well as theft and credit-card fraud. Gilani, who had links to people involved in the 1993 WTC bombing, fled the US after the bombing. He admitted he works with the ISI, and now lives freely in Pakistan. [Boston Globe, 1/6/2002; News (Islamabad), 2/15/2002; Pittsburgh Tribune-Review, 3/3/2002; Vanity Fair, 8/2002] Saeed Sheikh “has long had close contacts” with the group, and praises Gilani for his “unexplained services to Pakistan and Islam.” [News (Islamabad), 2/18/2002; Pittsburgh Tribune-Review, 3/3/2002]
EPA National Ombudsman Robert Martin agrees to investigate the World Trade Center environmental case at the request of US Representative Jerrold Nadler of New York. [US Congress, 6/25/2002]
Military spokesperson Navy Rear Adm. John Stufflebeem says, “We’re going to stop chasing… the shadows of where we thought [bin Laden and Mullah Omar were] and focus more on the entire picture of the country, where these pockets of resistance are, what do the anti-Taliban forces need, so that we can develop a better intelligence picture. The job is not complete and those leaders whom we wish to have from the al-Qaeda and Taliban chain of command, we are casting a wide net—a worldwide net, as well as regional, for where they are.” This announcement comes just two days after reports that Mullah Omar escaped an encirclement near Kandahar and fled into the nearby hills (see January 6, 2002). [Reuters, 1/8/2002]
Congress receives an edited version of the Nuclear Posture Review (NPR), a comprehensive review laying “out the direction for American nuclear forces over the next five to ten years.” [US Department of Defense, 1/9/2002] Congress requested the review in September 2000. [Los Angeles Times, 3/9/2002] The classified document, signed by Donald Rumsfeld and now being used by the US Strategic Command to prepare a nuclear war plan, advocates that the US adopt a “New Triad” of weapon types for its strategic arsenal that would include an “offensive strike leg” (nuclear and conventional forces), “active and passive defenses” (anti-missile systems and other defenses) and “a responsive defense infrastructure” (ability to develop and produce nuclear weapons and resume nuclear testing). The new triad would replace the United States’ current triad of bombers, long-range land-based missiles and submarine-launched missiles. [US Department of Defense, 1/9/2002; Los Angeles Times, 3/9/2002; Los Angeles Times, 3/10/2002; Globe and Mail, 3/12/2002] The report asserts that the new strategy is necessary in order to assure “allies and friends,” “dissuade competitors,”
“deter aggressors” like rogue states and terrorist organizations, and “defeat enemies.” [US Department of Defense, 1/9/2002; Globe and Mail, 3/12/2002] The review offers several possible scenarios where nuclear weapons might be used. For example, the document explains such weapons could be deployed to “pre-empt” the use of weapons of mass destruction against American or allied troops; in retaliation for an attack involving nuclear, biological, or chemical weapons; “in the event of surprising military developments;” or against targets that the US is incapable of destroying by conventional means, such as bunkers located deep underground. The NPR even names countries that could become targets of US nuclear weapons. For example, it says that they could be used against China, North Korea, Russia, Libya, Syria, Iraq, or any Arab country that threatens Israel. [Los Angeles Times, 3/9/2002; Daily Telegraph, 3/10/2002; Los Angeles Times, 3/10/2002] The NPR says that nuclear weapons could be deployed using ballistic missiles, cruise missiles, F-35 Joint Strike Fighters, or other modified conventional weapons. US Special Forces on the ground could be used to pin-point the targets and direct the weapon’s deployment. [Daily Telegraph, 3/10/2002; Los Angeles Times, 3/10/2002] Arms control advocates warn that the document shows that the Bush administration does not view its nuclear arsenal only as a weapon of last resort or as a deterrent. They also say that the new policy would encourage other countries to develop their own nuclear programs. [Los Angeles Times, 3/9/2002]
The Justice Department’s Patrick Philbin sends a classified memo to Attorney General John Ashcroft. The memo’s contents will not be divulged, but the American Civil Liberties Union (ACLU) will later learn that it regards Ashcroft’s review of the Terrorist Surveillance Program (TSP—see March 2002). [American Civil Liberties Union [PDF], 1/28/2009 ] The memo contains a legal review by Ashcroft of President Bush’s order authorizing the TSP, the Bush administration’s name for its warrantless wiretapping program. The review is requested before one of the 45-day reauthorizations by the president as required by law. [ProPublica, 4/16/2009]
John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 ; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).
Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
Bud Cummins. [Source: Arkansas Times]H.E. “Bud” Cummins III is sworn in as the US Attorney for the Eastern District of Arkansas. [Talking Points Memo, 2011] He actually took office on December 20, 2001. Cummins is not an experienced prosecutor, but is primarily a private law practitioner. He has clerked for several judges, and was the senior legal counsel for Governor Mike Huckabee (R-AR) between 1997 and 1998. In 2000, he served as a counsel for the Bush-Cheney presidential campaign. He was recommended for the position of US Attorney by Senator Tim Hutchinson (R-AR). [US Department of Justice, Office of the Inspector General, 9/29/2008] 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]
White House counsel Alberto Gonzales issues a letter stating that the administration’s refusal to turn over documents about possible FBI malfeasance to Dan Burton (R-IN), the chairman of the House Government Reform Committee, is consistent with long-standing Justice Department policy. Gonzales’s assertion will be disputed by the Committee, based on an assessment by law Professor Charles Tiefer of the University of Baltimore (see December 13, 2001). [Dean, 2004, pp. 87]
Nina Habib, an EPA spokeswoman, acknowledges that the thousands of asbestos tests performed by the EPA so far have been of outdoor air only. She asserts that the results from those tests were “indicative of what’s in people’s apartments as well.” [Jenkins, 7/4/2003 ]
EPA National Ombudsman Robert Martin and the Government Accountability Project (GAP) file a lawsuit challenging EPA Administrator Christie Whitman’s plan to relocate the ombudsman’s office to the EPA Office of Inspector General (OIG) (see Morning November 27, 2001). [Associated Press, 1/10/2002]
William Howard Taft IV. [Source: PBS]William Howard Taft IV, the State Department’s chief legal adviser, responds to John Yoo’s January 9,2002, memo (see January 9, 2002) saying that Yoo’s analysis is “seriously flawed.” Taft writes: “In previous conflicts, the United States has dealt with tens of thousands of detainees without repudiating its obligations under the [Geneva] Conventions. I have no doubt we can do so here, where a relative handful of persons is involved.” [Newsweek, 5/24/2004] Applying the Geneva Conventions, according to Taft, would demonstrate that the United States “bases its conduct on its international legal obligations and the rule of law, not just on its policy preferences.” Taft ends with a scorching criticism. “Your position is, at this point, erroneous in its substance and untenable in practice. Your conclusions are as wrong as they are incomplete. Let’s talk.” [Le Monde (Paris), 10/25/2004]
Dr. Cate Jenkins writes a memorandum comparing the data from a major asbestos-contaminated site in Libby, Montana—where the EPA tested and cleaned homes (see (August 2001))
—to that of the WTC disaster site where the EPA has so far refused to take responsibility for the abatement of private residences. She argues that Lower Manhattan should be designated a Superfund site, as was Libby, Montana (see December 20, 2001), in order to reduce the public’s exposure to harmful substances such as asbestos, fiberglass, fine particulates, mercury and lead. Superfund designation would shift the financial burden from individual citizens to the government. In the memo, she also summarizes the calculated cancer risks for people occupying Lower Manhattan buildings. [Jenkins, 1/11/2002 ]
US Federal District Court Judge Richard W. Roberts issues a temporary restraining order preventing EPA Administrator Christie Whitman from implementing a plan (see Morning November 27, 2001) to transfer the ombudsman’s office and investigative files to the EPA’s Office of Inspector General (OIG). The restraining order will expire in early April (see April 6, 2002). [Salon, 1/14/2002; US Congress, 6/25/2002]
“[W]ithout a court hearing or lawyer,” Mohammed Saad Iqbal Madni, arrested in Indonesia two days earlier at the request of the CIA (see Early January-January 9, 2002), is pushed aboard an unmarked, US-registered Gulfstream V jet, parked at a military airport in Jakarta. According to the Washington Post, the plane flies straight to Cairo. [Washington Post, 3/11/2002; Guardian, 3/12/2002; Christian Science Monitor, 7/26/2002] The Tipton Three, however, believe he is first taken to the US base in Bagram, Afghanistan. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Indonesian government officials say publicly that Madni has been extradited because of visa violations: Madni failed to write down the name of a sponsor for his visit to Indonesia on his visa application form. A senior Indonesian government official later says the extradition request from Egypt (see Early January-January 9, 2002) and the discovery of Iqbal’s visa infraction provided Indonesia with a convenient excuse to comply with the CIA’s request, because it would have been unacceptable to Indonesia’s population if its government were seen to be cooperating with the US. “This was a US deal all along. The CIA asked us to find this guy and hand him over. We did what they wanted.” He adds, “Egypt just provided the formalities.” In Cairo, Madni is reportedly also questioned by US agents. He remains in Egyptian custody until March 2004 (see March 2004). [Washington Post, 3/11/2002; Guardian, 3/12/2002; Christian Science Monitor, 7/26/2002]
Justice Department lawyer John Yoo sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions. [American Civil Liberties Union [PDF], 1/28/2009 ]
Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents will never be divulged, but the American Civil Liberties Union (ACLU) will later learn that it regards the authority of the OLC, the attorney general, the Justice Department, and the State Department in interpreting treaties and international law. [American Civil Liberties Union [PDF], 1/28/2009 ]
An aerial shot of Camp X-Ray. [Source: Public domain]The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. [Reuters, 1/11/2002] The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. [Guardian, 1/11/2002; Savage, 2007, pp. 142-143]
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. [Associated Press, 11/9/2002]
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). [Globe and Mail, 9/5/2002] It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. [Savage, 2007, pp. 143-144]
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” [Reuters, 1/11/2002] There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” [New York Times, 6/21/2004]
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” [Guardian, 6/13/2002]
Entity Tags: US Department of the Navy, United States, US Department of Defense, Pierre-Richard Prosper, Richard B. Myers, Clinton administration, Donald Rumsfeld, Charlie Savage, Guantanamo Bay Naval Base, Office of Legal Counsel (DOJ), Geneva Conventions
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
Camp X-Ray. The prisoners are housed in cages pictured. [Source: PBS]The first prisoners who arrived at Guantanamo Bay (see January 11, 2002) are accommodated in a location known as “Camp X-Ray.” This camp consists of small cages, measuring eight-by-eight feet, with open-air, chain-link walls, a concrete floor and a roof made of wood and metal. [American Forces Press Service, 1/14/2003] Inside, detainees are provided with a mattress, a blanket, a sheet, two towels, a toothbrush, shampoo, soap, flip-flops, two buckets, and plastic water bottles. [Guardian, 12/3/2003] One of the buckets is for water to wash with; the other to urinate in. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] The cages have no plumbing and thus guards have to escort detainees to portable toilets. [American Forces Press Service, 1/14/2003] The cells at Camp X-Ray are described by released British prisoners as being without privacy and open to the elements as well as to “rats, snakes, and scorpions.” [Mirror, 3/12/2004] During the first weeks until about the middle of February, the prisoners, according to Asif Iqbal, are “not allowed any exercise at all.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] And later, Amnesty International confirms that prisoners are kept inside their cages “sometimes up to 24 hours a day with little exercise time out of their cells.” [Amnesty International, 10/27/2004] Only after some months, according to the Tipton Three, are prisoners allowed, “once a week, to walk in a small recreation yard for about 5 minutes.” [Mirror, 3/12/2004] Jamal Udeen recalls: “Recreation meant your legs were untied and you walked up and down a strip of gravel. In Camp X-Ray you only got five minutes.” [Mirror, 3/12/2004] At first, prisoners are allegedly allowed a shower—a cold two-minute one—only once a week, and never in solitary confinement. Later the number of showers is increased to three a week. [Mirror, 3/12/2004] Eating has to be done in 10 minutes and the amount of food is very little. [Guardian, 12/3/2003] Speaking to each other is strictly prohibited. [Guardian, 12/3/2003] Five days later, however, he will be allowed to speak to neighboring detainees. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] But apparently worse than the accommodations is the uncertainty the prisoners are facing. “When we first got there, the level [of fear] was sky-high,” Asif Iqbal, Rhuhel Ahmed, and Shafiq Rasul, who were among the first to arrive, recall: “We were terrified we might be killed at any minute. The guards would say, ‘Nobody knows you’re here, all they know is that you’re missing and we could kill you and no one would know.’” [Guardian, 8/4/2004] The prison operations at Guantanamo are at first handled by two Joint Task Forces: JTF-160 and JTF-170. JTF-160, first under the command of Brig. Gen. Michael R. Lehnert, is responsible both for guarding the prisoners, and for dealing with migrants seeking asylum. JTF-170, under command of Major-General Michael E. Dunlavey, is tasked with handling interrogation operations for the Department of Defense and ensuring coordination among government agencies involved in the interrogation of the suspected terrorists. [American Forces Press Service, 1/14/2003] It consists of personnel from the DIA, the CIA, and the FBI. [Guardian, 10/16/2002] Sccording to later statements by several officers who served at Guantanamo, aggressive methods of interrogation are introduced in early 2002. Prisoners are derived of sleep, forced into “stress positions,” and put into extra cold, air-conditioned rooms. [New York Times, 5/13/2004]
Egyptian national Abdallah Higazy (see December 17, 2001), who has falsely confessed to owning a transceiver that may connect him to the 9/11 plot in order to save his family from being tortured (see December 27, 2001), is charged with making false statements connected to the 9/11 attacks. Higazy has given three different versions of how he obtained the radio; the FBI is sure he is lying about not being complicit in the plot. Three days after Higazy is charged, an airline pilot from Ohio claims the suspect transceiver as his own, and unknowingly vindicates Higazy. Higazy is released two days later, and a hotel security guard is eventually charged with lying to the FBI about the location of the radio. Higazy’s lawyer, Jonathan Abady, later says: “What if that pilot had not walked into the Millennium Hotel? We know that Mr. Higazy could have spent the rest of his life in prison.” In 2007, Higazy will say that he chose to confess to the ownership of the suspect transceiver because he knew the FBI could have his family turned over to Egyptian intelligence agents for torture. “I knew I couldn’t prove my innocence, and I knew my family was in danger,” he will recall. “If I say this device is mine, I’m screwed and my family is going to be safe. If I say this device is not mine, I’m screwed and my family’s in danger. And [FBI] Agent [Michael] Templeton made it quite clear that ‘cooperate’ had to mean saying something else other than this device is not mine.” Higazy’s subsequent lawsuit against the hotel (prompted by a hotel employee lying to the FBI about him) will eventually be settled out of court; his suit against the FBI will still be pending in October 2007 (see October 18, 2007). [Washington Post, 10/25/2007]
In Kandahar, American soldiers call out a number of prisoners including Shafiq Rasul (see November 28, 2001). He has a sack placed over his head and his wrists and ankles are shackled. Someone, “for no reason,” hits him on the back of his head with a handgun. During the night, he stays with about 20 other detainees in a tent with a wet floor, and “no bed or mattress or anything.” The next morning, Asif Iqbal and Rasul, both recall, have their clothes cut off and their beards and heads shaven. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Taken outside, naked, shackled, and hooded, Rasul hears dogs nearby and soldiers shouting, “Get ‘em boy.” In another tent, something is painfully forced into his anus. He and the others are then given orange uniforms, and new handcuffs are attached to a chain around their waists and cuffs around their ankles. The cuffs, according to Rasul, are “extremely tight and cut into my wrists and ankles.” Next, they are donned with mittens, ear-muffs, blacked-out goggles, and a sort of surgical mask. Rasul is then made to sit down outside in the freezing cold on the ground “for hours and hours, perhaps nine or ten altogether,” not allowed to move. At last Rasul, Iqbal, and about 40 other prisoners are led aboard a cargo plane, and chained on benches with no back. Any movement is responded to with a kick. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Later on, the passengers’ hands will be tied to hand rests and their bodies held attached by a belt to the back of a chair. [Guardian, 12/3/2003] Their destination is unknown to them. During the flight, according to Iqbal, they receive an unusual luxury: “peanut butter and jelly sandwiches and orange slices.” At some point during the journey, more than halfway, the plane lands and the prisoners are transferred to another plane. As to where this is, the two Britons have no clue, but it is “obviously somewhere very hot.” Ahmed, who will come to Guantanamo one month later, makes a similar landing during the journey and is told by soldiers they have landed in Turkey. During the switch, a soldier stamps on the chain between Iqbal’s ankles, which is “extremely painful.” Two-and-a-half years later Rasul will still have scarring on his left arm from the tightness of the shackles during the flight. He also loses the feeling in his right hand for a long time because of it. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Around January 13, Iqbal and Rasul arrive at Guantanamo (see January 13, 2002).
Pakistani President Pervez Musharraf makes “a forceful speech… condemning Islamic extremism.” [Washington Post, 3/28/2002] He is essentially forced to make the speech in response to intense international pressure, as incursions by Islamist militants backed by Pakistan into the disputed region of Kashmir have brought Pakistan and India to the brink of nuclear war. For instance, on January 6, President Bush says publicly, “I think it’s very important for President Musharraf to make a clear statement to the world that he intends to crack down on terror. And I believe if he does that… it’ll provide relief… on a situation that’s still serious.” The US even gives Musharraf a list of points to cover in the speech, and he says everything the US wants him to say. In the speech, Musharraf says: “Pakistan has been made a soft state where the supremacy of law is questioned. This situation cannot be tolerated any longer.… Pakistan rejects and condemns terrorism in all its forms and manifestations. Pakistan will not allow its territory to be used for any terrorist activity anywhere in the world.… No organization will be allowed to indulge in terrorism in the name of Kashmir.” He specifically denounces violent jihad for the first time. However, he does not renounce Pakistan’s claims to Kashmir, saying, “Kashmir runs in our blood.” He announces a ban on five militant groups, and more than a thousand militants are arrested after the speech. The speech does cool tensions with India temporarily. But within several months it is clear that the attacks in Kashmir are continuing and most of the arrested militants have been released (see Shortly After January 12-March 2002). Pakistan and India come close to nuclear war again by May 2002. [Rashid, 2008, pp. 116-118, 146]
The second batch of prisoners from Afghanistan arrives at Guantanamo. It includes Asif Iqbal, Shafiq Rasul (see January 12 or 13, 2002), and about 40 others. Rasul is told: “You are now the property of the US Marine Corps.” According to Rasul, the heat is “boiling,” but “for about six or seven hours” the prisoners are forced to take a squatting position outside in the sun, still shackled, and still wearing mittens, ear muffs, goggles, and masks. They are not given water, although occasionally someone will come by and wet their lips. When Rasul asks for water, a soldier starts kicking him in the back. Dogs are barking “very close” to him. After a few hours, Iqbal goes into a fit, is removed on a stretcher and has an IV put into his arm. He is then stripped, given a brief shower and rectally examined. Apparently all prisoners are given this treatment, and Rasul believes there can have been no purpose to the cavity search other than to humiliate them, since the same had been done before leaving Kandahar. Rasul is questioned by a woman while naked. [Rasul, Iqbal, and Ahmed, 7/26/2004 ]
Andreas von Buelow.
[Source: Public domain]Andreas von Bülow, former German Minister for Research and Technology and a long-time member of German parliament, suggests in an interview that the CIA could have been behind the 9/11 attacks. He states: “Whoever wants to understand the CIA’s methods, has to deal with its main task of covert operations: Below the level of war, and outside international law, foreign states are to be influenced by inciting insurrections or terrorist attacks, usually combined with drugs and weapons trade, and money laundering.… Since, however, it must not under any circumstances come out that there is an intelligence agency behind it, all traces are erased, with tremendous deployment of resources. I have the impression that this kind of intelligence agency spends 90 percent of its time this way: creating false leads. So that if anyone suspects the collaboration of the agencies, he is accused of paranoia. The truth often comes out only years later.” [Der Tagesspiegel (Berlin), 1/13/2002] In an example of covering tracks, Ephraim Halevy, head of Israel’s Mossad from 1998 until 2002, claims, “Not one big success of the Mossad has ever been made public” (see February 5, 2003). [CBS News, 2/5/2003]
On January 12, 2002, Pakistani President Pervez Musharraf gives a speech denouncing violent Islamist militancy for the first time. He is essentially forced to give the speech after militants supported by Pakistan launched attacks in the disputed region of Kashmir, bringing India and Pakistan close to the brink of nuclear war. He also bans five militant groups (see January 12, 2002). [Rashid, 2008, pp. 116-118] Shortly after the speech, Pakistan arrests about 3,000 suspected militants. Musharraf is hailed in the Western media as redirecting the ISI to support the US agenda. But by the end of the month, at least 800 of the arrested are set free, including most of their leaders. Not a single one of the arrested militants is charged with any terrorist offense. [Washington Post, 3/28/2002; Time, 5/6/2002; Rashid, 2008, pp. 155] A US diplomat based in Pakistan will later say: “By March it was clear to us that Musharraf was not going to implement his promises [given in the speech]. All the arrested militants were freed, and the military had no intention of imposing any curbs on their activities.” The US State Department attempts to pressure Musharraf to keep the promises he made in the speech. However, Defense Secretary Donald Rumsfeld and the US Defense Department is reluctant to pressure him, fearing that Pakistan will stop cooperating in capturing al-Qaeda leaders. Rumsfeld is apparently not concerned by the strong links between Pakistani militant groups and al-Qaeda. [Rashid, 2008, pp. 118] Within one year, “almost all” of those arrested have been quietly released. Even the most prominent leaders, such as Maulana Masood Azhar, have been released. Their banned militant organizations are running again, most under new names. [Washington Post, 2/8/2003]
Bonnie Bellow, spokeswoman for the EPA’s region II office in New York tells the St. Louis Post-Dispatch that the EPA is not responsible for testing homes and businesses. “That’s not our job and we have no policies or procedures for doing that type of testing,” she claims. “We’ve never had to worry about asbestos in houses before.” [St. Louis Post-Dispatch, 1/13/2002; St. Louis Post-Dispatch, 1/14/2002] Bellow’s statement is contradicted by the EPA’s record and the agency’s obligations under the National Contingency Plan (NCP)
(see After November 1, 2001).
The “military analysts” named by the New York Times as participants in the Pentagon’s propaganda operation to manipulate public opinion on the Iraq war (see April 20, 2008 and Early 2002 and Beyond) appear over 4,500 times on network and television news broadcasts between January 1, 2002 and May 13, 2008. The news outlets included in the May 13, 2008 count, performed by the media watchdog group Media Matters, includes ABC, ABC News Now, CBS, CBS Radio Network, NBC, CNN, CNN Headline News, Fox News, MSNBC, CNBC, and NPR. Media Matters uses the Lexis/Nexis database to compile their report. Media Matters releases a spreadsheet documenting each analyst’s appearance on each particular broadcast outlet. [Media Matters, 5/13/2008] Salon columnist Glenn Greenwald notes, “If anything, the Media Matters study actually under-counts the appearances, since it only counted ‘the analysts named in the Times article,’ and several of the analysts who were most active in the Pentagon’s propaganda program weren’t mentioned by name in that article.” [Salon, 5/15/2008]
Entity Tags: US Department of Defense, New York Times, National Public Radio, Media Matters, CNBC, CBS News, ABC News, NBC, Fox News, MSNBC, Glenn Greenwald, CNN
Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda
Dennis Saccher, the FBI’s special agent in charge of Turkish counter-intelligence, invites FBI translator Sibel Edmonds into his office and shares with her his concern that Edmonds’ co-worker, Melek Can Dickerson, is protecting surveillance targets at the American-Turkish Council (ATC). He shows her several translations of wiretapped conversations that Dickerson either marked as “not pertinent,” or for which she provided only a brief summary indicating that the conversations were not important. When Edmonds tells Saccher that her department, at the request of Dickerson, no longer assigns translation tasks randomly and that certain targets, including the ATC, have been permanently attached to Dickerson, Saccher is shocked. “It sounds like espionage to me,” he suggests. At Saccher’s request, Edmonds and Kevin Taskasen, another translator, re-translate some of the conversations Dickerson had marked as “not pertinent.” They agree to schedule a meeting with supervisor Mike Feghali on February 1 (see February 1, 2002). [Washington Post, 6/19/2002; Vanity Fair, 9/2005]
FBI contract linguist Sibel Edmonds re-translates 17 of the “hundreds” of wiretapped conversations that had been originally translated or reviewed by co-worker Melek Can Dickerson. [Anti-War (.com), 8/15/2005] She discovers that Dickerson marked as “not pertinent” every single file that included a reference to surveillance targets connected to the Turkish organizations with whom she had ties (see (November 2001)). One of those targets is a Turkish intelligence officer, who is a personal friend of Dickerson. Edmonds learns from the wiretaps that the officer had spies inside the US State Department and Pentagon seeking access to US military and intelligence secrets. [CBS, 10/27/2002] The wiretaps also reveal that the group is involved in arms and drug smuggling and is tied into a complex network of governmental and private figures in several countries. [United Press International, 11/15/2005] Additionally, Edmonds identifies hundreds of other instances where Dickerson’s work obstructed investigations. For example, she learns from one conversation that a US State Department staffer agreed to accept $7,000 in cash from certain individuals in the American-Turkish Council (ATC) in exchange for information. One wiretapped call discussed a payment to a Pentagon official, who seemed to be involved in weapons-procurement negotiations, while another suggested that Turkish doctoral students had been placed at US research institutions in order to obtain information about black market nuclear weapons. Edmonds also hears discussions about the laundering of drug smuggling profits, the selling of classified military technologies, and a scheme to secretly give Republican Congressman Dennis Hastert tens of thousands of dollars in exchange for political favors and information. She becomes convinced that the American-Turkish Council (ATC) is being used as a front for criminal activity. [Anti-War (.com), 7/1/2004; Anti-War (.com), 8/15/2005; Vanity Fair, 9/2005]
According to former CIA officer Robert Baer, a high-ranking CIA official tells a reporter off-the-record that, “when the dust finally clears, Americans will see that September 11 was a triumph for the intelligence community, not a failure.” It is unclear why the CIA officer thinks this and the reporter who tells Baer this story is not named. However, Baer comments that if that is what the CIA thinks, “I’m scared to death of what lies ahead.” [Baer, 2002, pp. xxiii]
EPA staffers meet with the agency’s top pollution regulator, Jeffrey Holmstead, in his fifth-floor conference room to discuss a February 2004 deadline for creating a rule governing formaldehyde emissions at wood products plants. Holmstead, a lawyer, formerly worked at Latham & Watkins representing one of the nation’s largest plywood producers. Also present at the meeting is William Wehrum, the EPA air office’s general counsel, who had also represented timber interests as a partner of the same law firm. They meet with Timothy Hunt, a lobbyist for the American Forest & Paper Association who is an old acquaintance of Holmstead, and with Claudia M. O’Brien, the association’s lawyer. O’Brien had previously been a law partner of Holmstead’s and Wehrum’s at Latham & Watkins. During the meeting she proposes to exempt “low-risk” plywood, particleboard and other plants from strict emission controls, arguing that such facilities are often located in isolated areas where their emissions pose a relatively small risk to public health. She also contends that the expense of adding new controls to the plants, which the industry complains could cost as much as $1 billion, would make them vulnerable to foreign competition. Holmstead likes the idea and decides that the agency should push the proposal, despite opinions from EPA career attorneys that the exemption would violate the 1990 Clean Air Act amendments (see March 2003). [Los Angeles Times, 5/21/2004]
Justice Department lawyers John Yoo and Robert Delahunty send a classified memo to the chief legal adviser for the State Department, William Howard Taft IV. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Justice Department’s interpretation of the War Crimes Act. According to Yoo and Delahunty, the War Crimes Act does not allow the prosecution of accused al-Qaeda and Taliban suspects. Yoo will cite this memo in a 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 ]
Prisoners being flown to Guantanamo. [Source: Public domain]Beginning in January 2002, when the US-controlled Guantanamo prison opens in Cuba, until at least 2005, over 700 suspects are secretly flown by the CIA to Guantanamo over the territories of European countries. Most prisoners come from Afghanistan or other places in the Middle East and change planes at the Incirlik US military airbase in Turkey. Then they fly over Greek, Italian, and Portuguese airspace. About 170 other prisoners fly over or land in Spain. The first flight apparently takes place on January 14, and carries three British citizens known as the “Tipton Three” as well as others (see January 13, 2002).
In 2007, the Council of Europe, Europe’s leading watchdog on human rights, will claim that European countries had breached the international Convention against Torture (see October 21, 1994) by giving the US secret permission to use its airspace. Moazzam Begg, a British prisoner at Guantanamo until 2005, will later recall his flight to Guantanamo. “Inside the plane there was a chain around our waist, and it connected to cuffs around my wrists, which were tied in the back, and to my ankles. We were seated but it was so painful not being able to speak, to hear, to breathe properly, to look, to turn left or right, to move your hands, stretch your legs, or anything.” [London Times, 11/25/2007] All the member countries of NATO signed a secret agreement in late 2001 allowing blanket overflight clearances for any flight relating to terrorism (see October 4, 2001).
A mobile health unit at Ground Zero offers free health examinations for immigrant workers and day laborers hired to clean office buildings in Lower Manhattan. The medical team, headed by Dr. Steven Markowitz, conducts pulmonary testing of workers, collects blood and urine samples, and interviews them about their work history. By March 1, the mobile unit will examine 415 workers, primarily from Colombia and Ecuador. Markowitz later tells Newsday that workers said employers had provided them with mops, rags and bags for removing inches of dust from buildings. “Most said they were not given protective equipment,” Newsday reports. Some workers who brought their own respirators said employers told them not to wear such protection.” [Newsday, 4/28/2002]
From mid-January on, according to Rhuhel Ahmed (see November 28, 2001), the situation at Kandahar begins to deteriorate. “They kept moving us around from tent to tent. This went on all day and night so it was impossible to settle down for the night. They also shone powerful lights into the tents which made things worse.” At some point in February, Ahmed is awakened during the night every hour on the hour. He also suffers from isolation. “There were no cages in the tents but you were separated from the person next to you by barbed wire. You were not allowed to communicate with anyone in the tent. I started to feel crazy from the isolation…. My conversations with the soldiers were the only real relief I had because it was human contact.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ]
Vice Admiral John Poindexter testifying before Congress in the Iran Contra hearings in 1987. [Source: Associated Press]Vice Admiral John Poindexter begins running a shadowy new government agency called the Information Awareness Office. [New York Times, 2/13/2002; Federal Computer Week, 10/17/2002] Poindexter, formerly President Reagan’s National Security Adviser, is known for his five felony convictions of lying to Congress, destroying documents, and obstructing Congress in its investigation of his role in the mid-1980s Iran-Contra affair. Later his convictions were overturned on a technicality. [Los Angeles Times, 11/17/2002] Far from apologizing, Poindexter said it was his duty to lie to Congress. [Newsday, 12/1/2002] The New York Times notes that his new agency “is developing technologies to give federal officials instant access to vast new surveillance and information-analysis systems.” The new office is part of DARPA, the Defense Advanced Research Projects Agency. Poindexter was also known for his controversial role in shifting control of computer security to the military in the 1980s. Says Marc Rotenberg, former counsel for the Senate Judiciary Committee, “It took three administrations and both political parties over a decade to correct those mistakes.” [New York Times, 2/13/2002] Surprisingly, Poindexter’s appointment is little noticed until later in 2002 when the Total Information Awareness program is revealed (see March 2002; November 9, 2002). Incidentally, several others involved in the Iran-Contra affair also find jobs in the Bush Administration, including Elliott Abrams, John Negroponte, and Otto Reich. [Observer, 12/8/2002]
Two analysts in CIA’s WINPAC division review the Niger documents and notice some inconsistencies. But as they later explain to congressional investigators, they don’t see anything “jumping out at [them] that the documents [are] forgeries.” [Isikoff and Corn, 2006, pp. 164] By this time, at least three other US intelligence analysts, and one Italian journalist have reviewed the documents and raised questions about their authenticity (see Afternoon October 7, 2002, October 9, 2002, October 15, 2002, and Mid-October 2002).
By this time, more than 300 different inspections have been conducted in Iraq by the UN weapons inspection teams, which report no instances of Iraqi attempts to impede their access to the alleged weapons sites. [Associated Press, 1/18/2003; Baltimore Sun, 1/20/2003; New York Times, 1/20/2003] The London Independent quotes one diplomat, who says, “Realistically, it is not going to be easy to see in the next two months that we will be able to say that Iraq is not cooperating.” [Independent, 1/8/2003] Inspectors also say that there are no signs that Iraq is developing weapons of mass destruction. An Associated Press report cites several specific cases of alleged weapons sites that the inspection teams—after repeated visits—have determined are not involved in the production of weapons of mass destruction. “UN arms monitors have inspected 13 sites identified by US and British intelligence agencies as major ‘facilities of concern,’ and reported no signs of revived weapons building.” [Associated Press, 1/18/2003; Baltimore Sun, 1/20/2003; New York Times, 1/20/2003] And International Atomic Energy Agency (IAEA) Chief Weapons Inspector Mohamed ElBaradei tells reporters: “I think it’s difficult for Iraq to hide a complete nuclear-weapons program. They might be hiding some computer studies or R. and D. on one single centrifuge. These are not enough to make weapons”
(see January 11, 2003). [Time, 1/12/2003]
Referring to the UN weapons inspectors’ upcoming report (see January 27, 2003), Colin Powell says in an interview with Saturday’s Sueddeutsche Zeitung, “We believe that at the end of the month it will be convincingly proven that Iraq is not cooperating.” [BBC, 1/18/2003]
CIA Director George Tenet informs Egyptian President Hosni Mubarak during a meeting in the Egyptian resort of Sharm el Sheikh that the Bush administration has already decided to attack Iraq and asks Mubarak not to publicly express Egypt’s opposition to the planned invasion. The Egyptian president warns that an attack on Iraq could destabilize the entire Middle East. [Ha'aretz, 2/17/2002 Sources: Unnamed source interviewed by the Lebanese newspaper Al-Mustaqbal] A Democratic senator gives the same warning to the heads of state in Saudi Arabia, Jordan, and Syria in the same month (see January 2002).
Attorney General John Ashcroft warns that suicide attacks “might be expected because of confidential information” the US government has received. He further warns, in regards to the five most wanted terrorists, that “These men could be anywhere in the world” and “may be trained and prepared to commit future suicide terrorist acts.” [NBC, 1/17/2002]
After three months, none of the allegations that the US made against the six men arrested in Bosnia in October 2001 (see January 18, 2002) have been proven, and the Supreme Court of the Muslim-Croat Federation orders their release. The US refused to provide evidence in court that the men were tied to al-Qaeda, as alleged. After the Supreme Court’s ruling, the Human Rights Chamber for Bosnia-Herzegovina (BiH) says that four of the six men cannot be expelled from the country until it has ruled on their appeal against the retraction of their citizenship. A hearing is scheduled for February 11. [BBC, 1/22/2002; CNN, 1/18/2004; Washington Post, 5/11/2004] At least some of the six figures do seem to have ties to al-Qaeda. For instance, Saber Lahmar was convicted in Bosnia of attempting to blow up the US embassy there in 1997 (see 1996 and After). But the evidence against them is based on communications intercepts, and the US is unwilling to release any details about that information. The hearing never takes place, because the US takes custody of the men as they are released and renditions them to the Guantanamo prison (see January 18, 2002).
Six days after the first detainees have arrived from Afghanistan, representatives from the International Committee for the Red Cross (ICRC) visit Guantanamo. They meet with the prison commanders on January 21 and recommend a number of improvements. [Washington Post, 6/13/2004] The ICRC has noticed some restrictions on religious expression it objects to. During the first week of the prison’s operation, praying according to Islamic custom is not allowed or is at least prevented. When someone calls out the call to prayers, or Azzan, according to detainee Asif Iqbal, guards respond “by either silencing the person who was doing it, or, more frequently, play loud rock music to drown them out.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Notwithstanding the intercession by the ICRC, religious freedoms apparently continue to be restricted, as Mohammed Saghir, a grey-bearded sawmill owner, will later recall. “In the first one-and-a-half months they wouldn’t let us speak to anyone, wouldn’t let us call for prayers or pray in the room,” Saghir says. “I tried to pray and four or five commandos came and they beat me up. If someone would try to make a call for prayer they would beat him up and gag him.” [Guardian, 12/3/2003]
Saber Lahmar. [Source: US Defense Department]The US renditions six suspects to Guantanamo, even though their cases are under appeal in Bosnia. On October 8, 2001, Bosnian police arrested Bensayah Belkacem, an Algerian given Bosnian citizenship and living in Bosnia. US intelligence intercepted numerous phone calls between Abu Zubaida and other al-Qaeda leaders and Belkacem (see October 8, 2001). On October 16, a conversation was overheard in which US and British targets in Bosnia are mentioned, and a Bosnian associate of Belkacem’s named Saber Lahmar said to another associate, “Tomorrow we will start.” US and British embassies were shut down that night, and Lahmar and four associates - Al-Hajj Boudella, Lakhdar Boumediene, Mustafa Ait Idir, and Mohamed Nechle - were quickly arrested. Lahmar worked for the Saudi High Commission. In 1997 he was arrested and convicted of plotting to bomb the US embassy in Sarajevo, but then pardoned and released by the Bosnian government (see 1996 and After). Boudella was an elite al-Qaeda training camp trainer in Afghanistan and Bosnia, then worked at the Benevolence International Foundation, which the US declared a terrorism financier after 9/11 (see 1993). Belkacem’s other associates worked for other charities such as the Red Crescent society and Taibah International. [Time, 11/12/2001] On January 18, 2002, the Bosnian government determines they don’t have enough evidence to charge the six men since the US will not share details of its communications intercepts. A high court rules that the men are not allowed to be deported until their appeals are heard. [BBC, 1/22/2002] But the men are nonetheless released directly into the custody of US soldiers, who immediately fly them to the Guantanamo Bay prison. The handover is denounced as illegal by human rights groups. It is believed the US put intense pressure on Bosnia to hand them over. [BBC, 1/22/2002; New York Times, 1/23/2002] The Bosnian government, still not privy to the intercepts, will later clear them of all charges, but the US will continue to hold them in Guantanamo without revealing any of the evidence said to justify their detention. [Washington Post, 8/21/2006]
Bosnian police turn five Algerians and a Yemeni over to US authorities, hours before they are to be released. The men were acquitted by Bosnia’s Human Rights Chamber after the United States had refused to provide evidence in court that the men were tied to al-Qaeda (see January 17, 2002). US soldiers whisk the men off from their Sarajevo prison cells and fly them to Guantanamo Bay. According to Karen Williams, a spokeswoman for the US embassy in Sarajevo, the whole operation was lawful. “The Bosnian government opted to deport some of its citizens,” she says, “and the US said it would accept them.” [BBC, 1/22/2002; CNN, 1/18/2004; Washington Post, 5/11/2004] However, according to Rasim Kadic, a former head of Bosnia’s antiterrorist task force, his government had no choice. “We had to practically sign them away. The presence of US soldiers here is a guarantee for Bosnia for a long time to come, and we have to pay a price.” [New York Times, 10/22/2004] Others are less understanding. The representative of the UN High Commissioner for Human Rights in Bosnia, Madeleine Rees, is highly critical of the American and Bosnian governments, saying: “This was an extrajudicial removal from sovereign territory.” An official says the Human Rights Chamber was “outraged.”
“It was a scandal. The Americans invented the chamber, they came up with the goals—such as the rule of law and human rights—and then they tell the [Bosnian] government not to care. This undermines everything the Americans do, and everything they financed.” [BBC, 1/22/2002]
Speaking at the Republican National Committee’s annual winter conference, President Bush’s chief political strategist Karl Rove says, “We can go to the country on this issue [of terrorism], because [Americans] trust the Republican Party to do a better job of protecting and strengthening America’s military might and thereby protecting America.” Political commentator Joe Conason says that with this comment, Rove “revealed his plans to regain control of the Senate and retain control of the House by turning the war [on terrorism] into a partisan weapon. His wording was blander, of course, but his meaning was perfectly clear.” [New York Observer, 1/27/2002] Author Ron Suskind will similarly comment in 2006 that Rove’s comment suggested that “the historic public affirmation, thus far, of the ‘war on terror,’ would surely translate into equally historic gains in the 2002 mid-term elections.” [Suskind, 2006]
Pakistani President General Pervez Musharraf says that he thinks Osama bin Laden is most likely dead because he has been unable to get treatment for his kidney disease. “I think now, frankly, he is dead for the reason he is a… kidney patient,” says Musharraf in an interview with CNN. According to Musharraf, Pakistan knows bin Laden took two dialysis machines into Afghanistan, and, “One was specifically for his own personal use.” Musharraf adds: “I don’t know if he has been getting all that treatment in Afghanistan now. And the photographs that have been shown of him on television show him extremely weak.… I would give the first priority that he is dead and the second priority that he is alive somewhere in Afghanistan.” However, some US officials are skeptical of this. One senior Bush administration official says Musharraf reached a “reasonable conclusion,” but warns it is only a guess. “We don’t have remains or evidence of his death. So it is a decent and reasonable conclusion—a good guess but it is a guess,” says the official. He adds that US intelligence indicates bin Laden needs dialysis every three days and, “it is fairly obvious that that could be an issue when you are running from place to place, and facing the idea of needing to generate electricity in a mountain hideout.” However, another US official contradicts the reports of bin Laden’s health problems, saying there is “no evidence” the suspected terrorist mastermind has ever suffered kidney failure or required kidney dialysis. The official calls such suggestions a “recurrent rumor.” [CNN, 1/18/2002]
Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).
Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington
Timeline Tags: Torture of US Captives, Civil Liberties
John Bellinger, the White House’s chief national security counsel, sends his supervisor, National Security Adviser Condoleezza Rice, what he thinks is a private memo with a blunt warning about the legality of the proposal to ignore the Geneva Conventions in interrogating terror suspects (see January 18-25, 2002). The proposal, Bellinger writes, will place Bush in direct breach of international law and threaten the most fundamental cooperation from allied governments. Faxes from other governments, even Britain, have been pouring into the State Department warning that they cannot turn over suspects to the US if the Bush administration withdraws from accepted legal norms. The Bellinger memo quickly finds its way into Vice President Cheney’s office, to Bellinger’s chagrin; Cheney is reportedly “concerned” about Belliger’s advice. Bellinger does not know until now that any documents prepared for Rice are always “routed outside the formal process” to Cheney. The reverse does not apply. Bellinger is unaware of just how systematically he is being cut out of the decision-making process. [Ledger (Lakeland FL), 10/24/2004; Washington Post, 6/24/2007]
Defense Secretary Rumsfeld sends a memo to Joint Chiefs of Staff Chairman General Richard Myers informing him that Bush has declared the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban (see January 18-25, 2002). In this “Memorandum for Chairman of the Joint Chiefs of Staff,” Rumsfeld states: “The United States has determined that al-Qaeda and Taliban individuals under the control of the Department of Defense are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949.” Nevertheless, “[t]he Combatant Commanders shall, in detaining al-Qaeda and Taliban individuals under the control of the Department of Defense, treat them humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions of 1949.” [US Department of Defense, 1/19/2002 ] The same day, the memorandum is disseminated as an order by the Joint Chiefs of Staff. [Chairman of the Joint Chiefs of Staff, 1/19/2002 ]
George Melloan, a deputy editor of the Wall Street Journal editorial page, calls on the Bush administration to adopt a hardline policy toward Iran. “Mr. Bush has already advised the clerics to butt out of Afghanistan. Next will come attention to Iran’s support of terrorism. It will need to start with a demand that Iran, the PLO and Hezbollah recognize Israel’s right to exist or accept the consequences of refusal.” [Wall Street Journal, 1/19/2002]
White House political adviser Karl Rove says that the Republican Party should campaign primarily on the war on terror in the 2002 midterm elections. “Americans trust the Republicans to do a better job of keeping our communities and our families safe,” Rove tells the Republican National Committee. “We can also go to the country on this issue because they trust the Republican Party to do a better job of protecting and strengthening America’s military might and thereby protecting America.” President Bush has said repeatedly that the war on terror should not be considered fodder for partisan political gain. Just days before Rove’s speech, Bush told a gathering in California, “It’s time to take the spirit of unity that has been prevalent when it comes to fighting the war and bring it to Washington, DC.” And Rove recently told reporters that Bush had told his aides: “Politics has no role in this. Don’t talk to me about politics for a while.” Now Rove is publicly advising Republicans to politicize the war. Democratic Party chairman Terry McAuliffe says: “If the White House is politicizing the war, that’s nothing short of despicable. For Karl Rove to politicize the issue is an affront to the integrity of the entire United States military.” McAuliffe’s Republican counterpart, Marc Racicot, calls on McAuliffe “to help stop the politics of obstruction.” [New York Times, 1/19/2002]
Attorney General John Ashcroft publicly defends the president’s decision (see January 18-25, 2002) to deny detainees the protections of Geneva Conventions. He calls the detainees “terrorists” who “are uniquely dangerous.” [CNN, 1/22/2002]
At the Guantanamo detention facility, a Muslim chaplain is brought in to read prayers for the detainees. But when he reads prayers for the first time, the prisoners are silent. According to detainee Asif Iqbal, the detainees have been punished so often for attempting to practice their religious traditions, they are “all uncertain as to whether we [are] allowed to participate. Nobody [knows] or [trusts] this individual and as a result” the chaplain prays alone. Each of the detainees are soon provided with a copy of the Koran, but they are “kicked and thrown about by the guards and on occasion thrown in the buckets used for the toilets,” according to the detainees known as the Tipton Three. “This kept happening. When it happened it was always said to be an accident but it was a recurrent theme.” Iqbal says he believes that the “behavior of the guards towards our religious practices as well as the Koran was also, in my view, designed to cause us as much distress as possible.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ]
In January 2002, the Observer reports that Anas al-Liby, one of al-Qaeda’s top leaders, has been recently captured in Afghanistan. Al-Liby is considered one of bin Laden’s computer experts, and a long-time member of al-Qaeda’s ruling council. [Observer, 1/20/2002] In early March 2002, the London Times mentions al-Liby’s capture as an established fact. [London Times, 3/11/2002] Then, in late March 2002, the London Times and the Washington Post report that al-Liby has been recently captured in Sudan. Anonymous CIA sources and anonymous “senior administration officials” claim that al-Liby has been captured, but the Sudanese and US governments officially deny the arrest. The London Times says the arrest “has been kept a closely guarded secret.” Some senior officials who told the Post al-Liby had been arrested later change their account and say it was someone with a similar name. [London Times, 3/17/2002; Washington Post, 3/19/2002; Washington Post, 3/20/2002] Al-Liby remains on the FBI’s most wanted list, with a $25 million reward on his name. It will later be lowered to $5 million. [London Times, 5/8/2005] Al-Liby appears to have collaborated with British intelligence to kill Libyan leader Colonel Mu’ammar al-Qadhafi in 1996 and was allowed to openly live in Britain until 2000 (see Late 1995-May 2000; 1996). In 2003, it will be reported that al-Liby was captured in Sudan and then secretly deported to Egypt, where he is wanted for an attempted assassination of Egyptian President Hosni Mubarak (see (Late 1995)). [Scotland on Sunday, 10/26/2003] In 2007, human rights groups will list al-Liby as a possible ghost prisoner still held by the US (see June 7, 2007).
White House lawyers Alberto Gonzales and David Addington visit Guantanamo Bay. On the flight back, Gonzales agrees with Addington that all Guantanamo detainees should be designated eligible for trial by military commission under the president’s November 13 Military Order (see January 20, 2002). [New York Times, 10/24/2004]
The Pentagon instructs military intelligence officers at Guantanamo to fill out forms for each detainee and describe their offenses. [New York Times, 10/24/2004]
Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ]
Senator Carl Levin (D-MI), the chairman of the investigations subcommittee of the Senate Governmental Affairs Committee, and fellow senators Byron Dorgan (D-ND), Ernest Hollings (D-SC), and Joseph Lieberman (D-CT) ask the General Accounting Office (GAO) to evaluate the process by which the Bush administration’s energy policy has been developed (see May 16, 2001). The senators’ request is apparently in support of the GAO’s long-blocked investigation of Vice President Cheney’s energy task force (see January 29, 2001). [General Accounting Office, 8/25/2003 ]
An unnamed EPA Region II spokeswoman is cited in the Downtown Express stating, “The EPA’s job was to monitor outdoor air. Monitoring indoors—that wasn’t our job. That’s what the city took care of.” This assertion is contradicted by the EPA’s record and the agency’s obligations under the National Contingency Plan (NCP) (see After November 1, 2001). According to the paper she adds that she felt the city had done a good job of testing and monitoring indoor air. [Downtown Express, 1/22/2002 ; Office of US Congressman Jerrold Nadler, 4/12/2002 ]
John Walker Lindh is flown off the USS Bataan to the United States, arriving just three days before his first court hearing. [Associated Press, 1/22/2002; Fox News, 1/22/2002] Lindh’s attorneys will call this a deliberate attempt to hinder his defense. One of his lawyers, George C. Harris, says: “For 55 days [since he was taken in US custody] Lindh was essentially held incommunicado. Despite our requests and efforts we were unable to meet with him until he was brought back [to the US] on January 23. We were finally able to meet with him for a half an hour just before his first court hearing.” [World Socialist Web Site, 10/7/2002]
A five-page memo prepared by military officers at Guantanamo lists twenty-nine concerns that the International Committee of the Red Cross (ICRC) raised during its visit earlier that month (see January 17-21, 2002). The memo lays out a decision by the detention commanders to provide detainees with items valued by Muslims: cloth for their Korans, daily prayer calls, and shorts for the shower. Detainees will also be told that the orange color of their jumpsuits does not signify a death sentence, which it traditionally does in some Middle Eastern countries. This has apparently not gone unnoticed by US officials. “The detainees think they are being taken to be shot,” the same or a different memo from the Pentagon says. “Should we continue not to tell them what is going on and keep them scared?” [Washington Post, 6/13/2004]
Michael Sheehan (left), Raymond W. Kelly and David Cohen [Source: Alan Chin/New York Times (Feb. 15, 2004)] (click image to enlarge)The New York Police Department (NYPD) appoints CIA veteran David Cohen to the newly-created post of deputy commissioner of intelligence. [New York City, 1/24/2002] Cohen headed the CIA’s Directorate of Operations (DO) from 1995 to 1997. After leaving the agency, he joined AIG, the world’s largest insurance company, in November 2000. [National Underwriter Property and Casualty, 1/15/2001] He also apparently headed the CIA’s office in New York, which was located in WTC7 before its collapse, at some point. The press release announcing his hiring says that “he also served as the senior CIA official in the New York area,” but provides no additional details. “Asked if he ever worked in the CIA’s office in the World Trade Center, he laughed and said, ‘You’re going to have to ask the CIA where their offices were,’” reports the New York Times. [New York Times, 1/25/2002] NYPD also created a new post of deputy commissioner of counterterrorism, which will be filled by Michael Sheehan from 2003 to 2006. Cohen and Sheehan’s appointments are part of a huge expansion of NYPD’s intelligence-gathering and counterterrorism efforts, which will be the subject of numerous press reports. [New York Times, 1/15/2004; New Yorker, 7/25/2005]
Vice President Dick Cheney calls Democratic Senate Majority Leader Tom Daschle and urges him not to launch a 9/11 inquiry. When the call is made, Howard Fineman of Newsweek is in Daschle’s office and he hears that end of the conversation, providing important independent confirmation of Daschle’s account. Author Philip Shenon will later describe Cheney’s tone as “polite but threatening,” and Cheney reportedly tells Daschle that an investigation into 9/11 would be a “very dangerous and time-consuming diversion for those of us who are on the front lines of our response today.” Cheney also says that if the Democrats push for an investigation, the White House will portray them as undermining the war on terror. Shenon will later call this “a potent political threat” the Republicans are holding over the Democrats. President Bush repeats the request on January 28, and Daschle is repeatedly pressured thereafter. [Newsweek, 2/4/2002; Shenon, 2008, pp. 29-30, 426] Cheney will later disagree with this account: “Tom’s wrong. He has, in this case, let’s say a misinterpretation.” [Reuters, 5/27/2002]
Justice Department lawyer John Yoo sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo regards the application of international law to the United States (see January 22, 2002). [American Civil Liberties Union [PDF], 1/28/2009 ]
John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions and is applicable to prisoners of war. Yoo’s boss, OLC head Jay Bybee, sends another secret memo about the Geneva Conventions to Deputy Attorney General Larry Thompson. [American Civil Liberties Union [PDF], 1/28/2009 ]
Two weeks after Justice Department lawyers John Yoo and Robert Delahunty write a memo saying that the US should not be bound by international laws covering warfare and torture (see January 9, 2002), White House counsel Alberto Gonzales concurs (see January 25, 2002), saying: “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002] But others inside and outside the administration strongly disagree. Many will later point to Yoo and Delahunty’s memo as providing the “spark” for the torture and prisoner abuses reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). Human Rights Watch director Kenneth Roth will call the memo a “maliciously ideological or deceptive” document that ignores US obligations under multiple international agreements. “You can’t pick or choose what laws you’re going to follow,” Roth will observe. “These political lawyers set the nation on a course that permitted the abusive interrogation techniques” disclosed in later months. Scott Horton, president of the International League for Human Rights, agrees. When you read the memo, Horton says, “the first thing that comes to mind is that this is not a lofty statement of policy on behalf of the United States. You get the impression very quickly that it is some very clever criminal defense lawyers trying to figure out how to weave and bob around the law and avoid its applications.” Two days later, the State Department, whose lawyers are “horrified” by the Yoo memo, vehemently disagrees with its position (see
January 11, 2002). Three weeks later, State again criticizes the memo (see February 2, 2002). State senior counsel William Howard Taft IV points out that the US depends itself on the even observations of international law, and that following Yoo’s recommendations may undermine attempts to prosecute detainees under that same body of law. Secretary of State Colin Powell “hit[s] the roof” when he reads Gonzales’s response to the Yoo memo, warning that adopting such a legal practice “will reverse over a century of US policy and practice” and have “a high cost in terms of negative international reaction” (see January 26, 2002). The Bush administration will give in a bit to Powell’s position, announcing that it will allow Geneva to apply to the Afghan war—but not to Taliban and al-Qaeda prisoners. State Department lawyers call it a “hollow” victory for Powell, leaving the administration’s position essentially unchanged. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Entity Tags: Robert J. Delahunty, Human Rights Watch, Colin Powell, Alberto R. Gonzales, International League for Human Rights, John C. Yoo, Kenneth Roth, William Howard Taft IV, Scott Horton, US Department of State
Timeline Tags: Torture of US Captives, Civil Liberties
The first court hearing concerning John Walker Lindh, takes place in Alexandria, Virginia. Lindh is allowed to meet with his lawyers for the first time. [Associated Press, 1/25/2002; CNN, 1/26/2002] The Christian Science Monitor will comment: “The court’s reputation for speedy trials, no-nonsense judges, and tough-on-crime jurors has earned it the nickname the ‘rocket docket.’ It’s one reason the US Justice Department chose this Virginia venue as the site to prosecute… Lindh, who is scheduled to appear in court here today for a bail hearing, and Zacarias Moussaoui, the alleged 20th Sept. 11 hijacker.” [Christian Science Monitor, 2/6/2002] In addition, the court is close to the home of the Spann family, related to CIA officer Johnny Spann, responsibility for whose death, according to some, is attributed to Lindh. [San Francisco Chronicle, 12/22/2001]
David Addington, the chief counsel for Vice President Cheney, writes that the Geneva Conventions’ “strict limits on questioning of enemy prisoners” cripple US efforts “to quickly obtain information from captured terrorists” (see January 18-25, 2002). Cheney is now grappling with the fundamental concept of how much pain and suffering US personnel can inflict on an enemy to make him divulge information. Addington worries that US personnel, including perhaps even Cheney, might someday face criminal charges of torture and abuse of prisoners. Geneva forbids not only torture but the use of “violence,” “cruel treatment” or “humiliating and degrading treatment” against a detainee “at any time and in any place whatsoever.” Such actions constitute felonies under the 1996 War Crimes Act. Addington decides that the best defense for any such charge will combine a broad presidential directive mandating general humane treatment for detainees, and an assertion of unrestricted authority to make exceptions. Bush will issue such a directive, which uses Addington’s words verbatim, two weeks later (see February 7, 2002). [Washington Post, 6/25/2007]
Secretary of State Colin Powell asks for a meeting with President Bush, hoping to dissuade him from abandoning the Geneva Conventions in the interrogation procedures involving terror suspects (see January 18-25, 2002). Powell is unaware that he and the State Department have been deliberately cut out of the decision-making process by the Office of the Vice President.
Memo Released to Undermine Powell - Before Powell can meet with the president, White House counsel Alberto Gonzales releases a memo that paints Geneva as “quaint” (see January 25, 2002) to the administration, in an attempt to anticipate and undermine Powell’s objections. Following up on the argument that the Geneva Conventions are “quaint,” Vice President Cheney’s chief counsel, David Addington, portrays Powell as a defender of “obsolete” rules devised for an earlier time. If Bush follows Powell’s lead, Addington warns, US forces would be obliged to provide athletic gear and commissary privileges to captured terrorists. State Department lawyer David Bowker later says that Powell never argued that al-Qaeda and Taliban detainees deserve the full privileges of prisoners of war; while each captive deserves a status review under Geneva, he believes few will qualify because the suspects do not wear uniforms on the battlefield or obey a lawful chain of command. Bowker recalls, “We said, ‘If you give legal process and you follow the rules, you’re going to reach substantially the same result and the courts will defer to you.’” The upshot of Bush’s decision to go with Gonzales’s opinion over Powell’s has the effect of relegating the State Department to the sidelines. A senior administration official will later recall: “State was cut out of a lot of this activity from February of 2002 on. These were treaties that we were dealing with; they are meant to know about that.” State’s senior legal adviser, William H. Taft IV, is shunned by the lawyers who dominated the detainee policy, officials say; some Bush conservatives privately call Taft too “squishy and suspect” to adequately fight terrorists, according to a former White House official. “People did not take him very seriously.” [Ledger (Lakeland FL), 10/24/2004; Washington Post, 6/24/2007]
Memo Prompts Media Criticism of Powell - As Gonzales’s memo begins to circulate around the government, Addington says to White House lawyer Timothy Flanigan, “It’ll leak in 10 minutes.” He is correct: on January 26, the conservative Washington Times prints a front-page article that features administration sources accusing Powell of “bowing to pressure from the political left” and advocating that terrorists be given “all sorts of amenities, including exercise rooms and canteens.” The article implies that Powell is soft on the nation’s enemies. Addington blames the State Department for leaking the memo, and says that the leak proves Taft cannot be trusted. Taft later recalls, “I was off the team.” Addington had marked him as an enemy, Taft will recall, but Taft had no idea he was at war. “Which, of course, is why you’re ripe for the taking, isn’t it?” he adds. [Alberto R. Gonzales, 1/25/2002 ; Washington Post, 6/24/2007]
Entity Tags: Timothy E. Flanigan, Geneva Conventions, David S. Addington, David Bowker, Colin Powell, Alberto R. Gonzales, Al-Qaeda, George W. Bush, Taliban, William Howard Taft IV, US Department of State, Office of the Vice President, Washington Times
Timeline Tags: Torture of US Captives, Civil Liberties
White House lawyer Alberto Gonzales completes a draft memorandum to the president advising him not to reconsider his decision (see January 18-25, 2002) declaring Taliban and al-Qaeda fighters ineligible for prisoner of war status as Colin Powell has apparently recommended. [US Department of Justice, 1/25/2004 ; Newsweek, 5/24/2004] The memo recommends that President Bush accept a recent Office of Legal Counsel (OLC) memo saying that the president has the authority to set aside the Geneva Conventions as the basis of his policy (see January 9, 2002). [Savage, 2007, pp. 146]
Geneva No Longer Applies, Says Gonzales - Gonzales writes to Bush that Powell “has asked that you conclude that GPW [Third Geneva Convention] does apply to both al-Qaeda and the Taliban. I understand, however, that he would agree that al-Qaeda and the Taliban fighters could be determined not to be prisoners of war (POWs) but only on a case-by-case basis following individual hearings before a military board.” Powell believes that US troops will be put at risk if the US renounces the Geneva Conventions in relation to the Taliban. Rumsfeld and his chairman of the Joint Chiefs of Staff, Gen. Richard B. Myers, allegedly agree with Powell’s argument. [New York Times, 10/24/2004] But Gonzales says that he agrees with the Justice Department’s Office of Legal Counsel, which has determined that the president had the authority to make this declaration on the premise that “the war against terrorism is a new kind of war” and “not the traditional clash between nations adhering to the laws of war that formed the backdrop for GPW [Geneva Convention on the treatment of prisoners of war].” Gonzales thus states, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Newsweek, 5/24/2004] Gonzales also says that by declaring the war in Afghanistan exempt from the Geneva Conventions, the president would “[s]ubstantially [reduce] the threat of domestic criminal prosecution under the War Crimes Act [of 1996]” (see August 21, 1996). The president and other officials in the administration would then be protected from any future “prosecutors and independent counsels who may in the future decide to pursue unwarranted charges.” [New York Times, 5/21/2004; Newsweek, 5/24/2004]
Memo Actually Written by Cheney's Lawyer - Though the memo is released under Gonzales’s signature, many inside the White House do not believe the memo was written by him; it has an unorthodox format and a subtly mocking tone that does not go with Gonzales’s usual style. A White House lawyer with direct knowledge of the memo later says it was written by Cheney’s chief lawyer, David Addington. Deputy White House counsel Timothy Flanigan passed it to Gonzales, who signed it as “my judgment” and sent it to Bush. Addington’s memo quotes Bush’s own words: “the war against terrorism is a new kind of war.” [Washington Post, 6/24/2007]
Powell 'Hits the Roof' over Memo - When Powell reads the memo (see January 26, 2002), he reportedly “hit[s] the roof” and immediately arranges for a meeting with the president (see January 25, 2002). [Newsweek, 5/24/2004]
Two days after receiving assurances from the British Consulate that he would soon be returning home (see January 24, 2002), Jamal Udeen, who was imprisoned by the Taliban in October 2001, is taken by undercover CIA agents to the US air base at Kandahar airport. [London Times, 3/11/2004] Udeen later describes the air base as “a concentration camp,” with watchtowers and barbed wire. [Mirror, 3/12/2004] The next day, reporter Tim Reid, who was planning to accompany Udeen back to Britain, discovers he is too late. Udeen and four other foreign prisoners (see Early January, 2002) of the Taliban have been arrested and detained by US authorities. [London Times, 3/11/2004] Udeen and the other four prisoners will all end up at the Guantanamo facility in Cuba. Udeen will not be released until March 2004. [London Times, 3/11/2004]
US Secretary of State Colin Powell responds to Alberto Gonzales’ January 25 draft memo to the president (see January 25, 2002). He argues that it does not provide the president with a balanced view on the issue of whether or not to apply the Geneva Conventions to the conflict in Afghanistan. Powell lists several problems that could potentially result from exempting the conflict from the Conventions as Gonzales recommends. For example, he notes that it would “reverse over a century of US policy and practice in supporting the Geneva conventions and undermine the protections of the law of war for our troops, both in this specific conflict and in general.” The decision will furthermore have “a high cost in terms of negative international reaction.” It will “undermine public support among critical allies, making military cooperation more difficult to sustain,” and other states would “likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice.” But perhaps most ominously, Powell charges that the proposed decision “may provoke some individual foreign prosecutors to investigate and prosecute our officials and troops” and “make us more vulnerable to domestic and legal challenge.” The end of the memo consists of several rebuttals to points that Gonzales made in his memo. [US Department of State, 1/26/2004 ; New York Times, 5/21/2004; Newsweek, 5/24/2004]
Vice President Cheney says, “And we want bin Laden, and I think we will get him, but I’m more concerned about disrupting all of these terrorist cells out there. Bin Laden by himself isn’t that big a threat. Bin Laden connected to this worldwide organization of terror is a threat. We’re going to go after him, but we’re also after the network.” [ABC News, 1/27/2002]
Speaking on Fox News Sunday, Vice President Dick Cheney describes the Guantanamo prisoners: “These are the worst of a very bad lot. They are very dangerous. They are devoted to killing millions of Americans, innocent Americans, if they can, and they are perfectly prepared to die in the effort. And they need to be detained, treated very cautiously, so that our people are not at risk.” [Fox News, 1/28/2002; Savage, 2007, pp. 147]
Page 81 of 100 (10000 events (use filters to narrow search))previous
Receive weekly email updates summarizing what contributors have added to the History Commons database
Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.