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[Source: White House]Serious tensions develop between the FBI and Operation Greenquest investigators in the wake of the Greenquest raid on the SAAR network in March 2002 (see After March 20, 2002). The Customs Department launched Greenquest, an investigation into the financing of al-Qaeda and similar groups, weeks after 9/11. In June 2002, the Washington Post will headline an article, “Infighting Slows Hunt for Hidden al-Qaeda Assets.” [Washington Post, 6/18/2002]
FBI Wants Control of Greenquest - With the creation of the new Department of Homeland Security (see November 25, 2002), the FBI and its parent agency the Justice Department are given a chance to gain total control over Operation Greenquest. Newsweek reports, “Internally, FBI officials have derided Greenquest agents as a bunch of ‘cowboys’ whose actions have undermined more important, long-range FBI investigations into terrorist financing.” Meanwhile: “The FBI-Justice move, pushed by [Justice Department] Criminal Division chief Michael Chertoff and Deputy Attorney General Larry Thompson, has enraged Homeland Security officials.… They accuse the [FBI] of sabotaging Greenquest investigations—by failing to turn over critical information to their agents—and trying to obscure a decade-long record of lethargy in which FBI offices failed to aggressively pursue terror-finance cases. ‘They [the FBI] won’t share anything with us,’ [says] a Homeland Security official. ‘Then they go to the White House and they accuse us of not sharing. If they can’t take it over, they want to kill it.’”
Derails Greenquest's Investigation into Firm with Terrorist Ties - This battle has a large effect on the investigation into Ptech, a Boston-based computer company with ties to suspected terrorist financiers. When Ptech whistleblowers approach the FBI, the FBI “apparently [does] little or nothing in response” (see Shortly After October 12, 2001 and May-December 5, 2002). Then Greenquest launches an investigation in Ptech, which culminates in a raid on the Ptech offices in December 2002 (see December 5, 2002). “After getting wind of the Greenquest probe, the FBI stepped in and unsuccessfully tried to take control of the case. The result, sources say, has been something of a train wreck.” [Newsweek, 4/9/2003]
Greenquest Based on Single FBI Agent's Investigations - Greenquest appears to have been heavily based on the pre-9/11 investigations of FBI agent Robert Wright. The New York Post will report in 2004: “After 9/11, Wright’s work was picked up by David Kane of the US Customs Service, who raided companies owned by [Yassin] al-Qadi, leading to al-Qadi’s designation as a ‘global terrorist’ and to money-laundering indictments of companies in Northern Virginia linked to al-Qadi and Soliman Biheiri (another Wright investigatee). The [Greenquest] indictments rely heavily on Wright’s work.” [New York Post, 7/14/2004]
FBI Will Win Battle for Greenquest - The FBI will eventually win the battle with Homeland Security and Customs, and Greenquest will cease to exist at the end of June 2003 (see May 13-June 30, 2003). [Newsweek, 4/9/2003]
Secretary of Defense Donald Rumsfeld signs Military Commission Order No. 1 prescribing the procedures of the military commission trials (see November 10, 2001). The order says a two-third majority is required to determine a sentence and unanimity for applying the death penalty. It fails to provide for the possibility of appeals. It also says evidence submitted before a commission “shall” be declared admissible if the presiding officer or a majority of the commission members consider that it “would have probative value to a reasonable person.” [US Department of Defense, 3/21/2002 ]
Fundamental Violations of Defendant Rights - Thus, if the presiding member or a majority considers a statement made under any form of coercion, including torture, to have some “probative value,” it “shall” be admitted. Professor Neal Katyal of Georgetown University later says this is a break with standard proceedings in civil courts and courts-martial and calls it “clearly at odds with American military justice.” [Los Angeles Times, 8/18/2004] Under the rules, the “Accused” is assigned a military officer to conduct his defense, but may select another officer. He may also retain a civilian attorney; however, he may only choose a lawyer who is vetted by the military. Unlike a military attorney, the civilian lawyer can be excluded from the trial if the presiding member of the commission decides to hold closed proceedings. This prompts Amnesty International to observe that the commissions “will restrict the right of defendants to choose their own counsel and to an effective defense.” [Amnesty International, 10/27/2004] Under the rules of the military commissions the military is allowed to monitor private conversations between defense lawyers and their clients. This violates, as Human Rights Watch remarks, “the fundamental notion of attorney-client confidentiality.” [Human Rights Watch, 1/9/2004]
Extraordinary Procedures for a 'Special Breed of Person' - In a discussion of the new rules, Deputy Secretary of Defense Paul Wolfowitz, in an appearance on the PBS NewsHour with Jim Lehrer, explains that the detainees being held in Guantanamo are “dangerous people, whether or not they go before a military commission.” He adds, “We’re dealing with a special breed of person here” and thusly new and far more draconian rules must be applied. [PBS, 3/21/2002]
Battle with JAG Lawyers - Rumsfeld worked with lawyers from the Pentagon’s Judge Advocate General (JAG) office to create the procedures for the commissions. The JAG lawyers viewed the commissions as well outside the established rule of law, both in due process as mandated by the Constitution and in the protections mandated by the Geneva Conventions. But Rumsfeld and his group of political appointees considered the JAGs too closed-minded, and insisted on procedures that horrified the military lawyers—low standards for convictions, denial of civilian attorneys, imposition of the death penalty without unanimous consent of the panel of officers judging the case, and other proposed procedures. The JAGs argued that some of the proposals floated by Rumsfeld and his staff would violate their own ethical standards and put them at risk for later prosecution for war crimes if adopted. One top JAG official threatened to resign if the procedures were not brought more in line with established military law. The final version is a compromise between the two camps. Major General Thomas Romig, the head of JAG, later says that the final version still is not what the JAGs would have created on their own. As reporter and author Charlie Savage will later write, based on Romig’s comments: “While less draconian than the political appointees’ initial plans, the military commissions were still legally objectionable in several respects. The commission rules, for example, allowed secret evidence that would be kept hidden from a defendant and allowed the admission of evidence obtained through coercive interrogations [torture]. Moreover, the special trials still had no explicit congressional authorization.” [Savage, 2007, pp. 138-139]
Counterterrorism expert Rita Katz is said to have given the Operation Greenquest investigators some of the information that led to the March 2002 SAAR network raid (see March 20, 2002). She will later write that in the months after that raid, “The CIA was investigating me and the SAAR investigators from Greenquest and Customs. The CIA and the FBI investigated everyone who had anything to do with the SAAR investigation. White vans and SUV’s with dark windows appeared near all the homes of the SAAR investigators. All agents, some of whom were very experienced with surveillance, knew they were being followed. So was I. I felt that I was being followed everywhere and watched at home, in the supermarket, on the way to work… and for what?… The Customs agents were questioned. So were their supervisors. So was the US attorney on the SAAR case.… Risking criticism for being unfoundedly paranoid, I must convey my theory about the investigation and CIA’s involvement in it, I don’t know for certain what’s the deal with the CIA investigating the SAAR investigators, but it sure feels as if someone up in that agency doesn’t like the idea that the Saudi Arabian boat is rocked. The [SAAR raid] had taken place already—the CIA couldn’t change that—but investigating and giving the people behind the raids a hard time is a most efficient way of making sure the SAAR investigation stops there.” [Katz, 2003, pp. 42] The internal governmental battle against Greenquest will continue until Greenquest will be shut down in 2003 (see After March 20, 2002-Early 2003).
FBI translator Sibel Edmonds is called to the office of Stephanie Bryan, the supervisor of the Bureau’s translation department. While waiting she sees Mike Feghali, who, according to Edmonds, “tap[s] his watch and say[s], ‘In less than an hour you will be fired, you whore.’” A few minutes later, she meets with supervisory special agent Tom Frields who dismisses her on grounds that she violated security procedures. [Vanity Fair, 9/2005] An agent then escorts her out of the building and tells her: “We will be watching you and listening to you. If you dare to consult an attorney who is not approved by the FBI, or if you take this issue outside the FBI to the Senate, the next time I see you, it will be in jail.” [New York Observer, 1/22/2004]
David Manning [Source: Britainusa.com]Britain is accused of falsely claiming the existence of an al-Qaeda biological and chemical weapons laboratory in Afghanistan in order to justify the deployment of Royal Marines to the country. A British government source says that documents found by American soldiers in a cave near the village of Shah-i-Kot indicates that Osama bin Laden had acquired chemical and biological weapons. The source also claimed that American forces had discovered the laboratory in a cave near the city of Gardez earlier this month. These claims are used to justify the deployment of 1,700 Royal Marines. But once these claims are made public, they are strongly denied by the Pentagon and State Department. A US Army official says, “I don’t know what they’re saying in London but we have received no specific intelligence on that kind of development or capability in the Shah-e-Kot valley region - I mean a chemical or biological weapons facility.” British intelligence, military, and Foreign Office sources also deny any knowledge of the claims. The only evidence related to any sort of laboratory was the discovery near Kandahar last December of an abandoned, incomplete building containing medical equipment, which had been previously reported. The source of the claims is eventually identified as an off-the-record briefing by Prime Minister Tony Blair’s senior foreign policy adviser, David Manning. The Prime Minister’s office says it sticks to “the thrust of the story.” It claims that although evidence points to al-Qaeda’s interest in acquiring such weapons, Manning had “not actually told” reporters a laboratory had been found. [Observer, 3/24/2002]
Vice President Cheney discusses Saddam Hussein on CNN: “This is a man of great evil. He knows we’re deadly serious. Our friends and allies in the region know we’re deadly serious and that we do need to find a way to address this problem.” And that same day on Meet the Press, Cheney discusses Iraq: “The evidence is overwhelming. And one of the things that we need to do is to make the case, lay it out there. This is the evidence. This is what he’s done. This is what he’s doing. This is the threat to the United States and to our friends around the world.” [PBS Frontline, 6/20/2006]
Two weeks after the CIA informed the White House and other departments that evidence of an Iraqi attempt to purchase Nigerien uranium is scanty (see March 8, 2002), Vice President Dick Cheney appears on CNN to assert the opposite: that Iraq is actively pursuing nuclear weapons. Cheney says that Iraq “has chemical weapons… has biological weapons… [and is] pursuing nuclear weapons.” [CNN, 3/24/2002]
In a memo to British Prime Minister Tony Blair, Foreign Secretary Jack Straw advises the prime minister on his upcoming visit to Crawford, Texas (see April 6-7, 2002), where he is to discuss Britain’s role in the US confrontation with Iraq. Straw says that they “have a long way to go to convince” their colleagues in the Labor Party that military action against Iraq is necessary. He notes that “in the documents so far presented, it has been hard to glean whether the threat from Iraq is so significantly different from that of Iran and North Korea as to justify military action.” He points out that “there has been no credible evidence to link Iraq with [Osama bin Laden] and al-Qaeda” and that “the threat from Iraq has not worsened as a result of September 11.” Another issue that needs to be resolved, according to Straw, concerns establishing a legal basis for military action. “I believe that a demand for the unfettered readmission of weapons inspectors is essential, in terms of public explanation, and in terms of legal sanction for any subsequent military action.” The “big question,” Straw notes, which seems “to be a larger hole in this than anything,” is that the Bush administration has not “satisfactorily answered how that regime change is to be secured, and how there can be any certainty that the replacement regime will be better. Iraq has had no history of democracy so no one has this habit or experience.” [United Kingdom, 3/25/2002 ; Washington Post, 6/12/2005]
Oklahoma City mayor Kirk Humphreys visits the site of the World Trade Center, destroyed in the 9/11 attacks, and tells reporters that he cannot help but compare the scene to the damage done almost seven years ago in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), which resulted in the destruction of a federal building and cost the lives of 168 people. Humphreys is on a personal visit with his wife and teenaged daughter. They journey down into the bottom of the pit that once housed the World Trade Center. Humphreys gives some advice for New Yorkers coping with the trauma of the attacks, noting that while the two events have profound differences, the suffering and trauma of the survivors, and of the families and friends of those lost in the attacks, are similar. “The area of Ground Zero, 12 blocks or so, is about the size of our entire downtown,” Humphreys tells reporters. “I tell people that what happened on 9/11 would have wiped out something the size of downtown. But the World Trade Center was an attack on America, and so was Oklahoma City.… Ours was tough, but ours was a piece of cake compared to this one.” In many ways, he says, dealing with the emotional trauma suffered by Oklahoma citizens was the most difficult: “The physical is the easiest part, and right when you think it is over, you realize that you need to address those other needs.… On the morning of April 19, 1995, there were some people who woke up with their lives spinning out of control—and then the bomb went off. You are going to have many people struggling for a long time. More substance abuse. More divorce. More emotional burnout. More suicides.” Oklahoma City plans on opening an exhibit, “Shared Experience,” on April 19, the seven-year anniversary of the bombing. The exhibit will include tributes to the seven New York firefighters and two police officers who died on 9/11 and who helped in the 1995 rescue efforts. Deputy Chief Ray Downey, the leader of the special operations command who died while leading a team of firefighters into the South Tower, is credited with saving dozens of lives in the aftermath of the Oklahoma City bombing. When Downey died, he was wearing a Catholic rosary that had been given to him by Governor Frank Keating (R-OK). The others who rendered assistance in the 1995 blast, and who died on 9/11, are: New York Battalion Chief John J. Fanning; Captain Terence S. Hatton; Lieutenants Kevin C. Dowdell, Michael A. Esposito, and Peter C. Martin; Firefighter William D. Lake; Police Sergeant Michael S. Curtin; and Officer Thomas Langone. Humphreys says of the nine: “They were good men. They helped us in our time of need.” Humphreys was not mayor at the time of the bombing, but is credited with leading the rebuilding effort in Oklahoma City as well as reinvigorating the tourist trade. [New York Times, 3/25/2002]
Entity Tags: Kirk Humphreys, World Trade Center, Frank Keating, Kevin C. Dowdell, Thomas Langone, William D. Lake, Ray Downey, Michael A. Esposito, Michael S. Curtin, Peter C. Martin, John J. Fanning, Terence S. Hatton
Timeline Tags: Complete 911 Timeline, US Domestic Terrorism
Andrew Lundquist, the White House director of energy policy and the chairman of the Cheney energy task force (see January 29, 2001 and May 16, 2001), resigns from government service. The next day, Lundquist goes into the lobbying business. The Lundquist Group opens offices in what the Boston Globe will call a “posh office building perched kitty-corner from the Capitol.” Lundquist’s business will take in hundreds of thousands of dollars a year from clients such as British Petroleum (see March 22, 2001) and Duke Energy Corporation (see March 5, 2001). [Savage, 2007, pp. 346]
Flight 93’s damaged but successfully recovered cockpit voice recorder. [Source: FBI]New York Times reporter Jere Longman writes an article based on recent leaks to him about Flight 93’s cockpit flight recording. (Later, relatives of the victims are given a single chance to listen to the recording). He claims that earlier reports of a 9-1-1 call from a bathroom reporting smoke and an explosion are incorrect. He names the passenger-caller as Edward Felt and notes that the dispatcher who took the call and Felt’s wife both deny the smoke and explosion story. There were messages from both passengers and hijackers on the plane speaking of a bomb. [Pittsburgh Post-Gazette, 10/28/2001] Longman also claims that one passenger, Tom Burnett, told his wife there were guns on the plane. [New York Times, 3/27/2002] Previously, it had been widely reported that Tom Burnett told his wife he did not see any guns. [MSNBC, 9/14/2001] Note that the passengers appeared doubtful that the hijackers had either real guns or bombs, but there is a March 2002 report of a gun being used on Flight 11.
A terror alert is issued for American interests in four Italian cities. Richard Boucher, spokesman for the State Department, says that “There is not too much more detail I can give you other than saying that we have credible reports that extremists are planning additional terrorist attacks against US interests and that a possible threat exists to US citizens in the cities of Venice, Florence, Milan and Verona on Easter Sunday, March 31st.” [US Department of State, 3/27/2002] No attacks materialize and no further information is given on the nature of the threat. [News Hounds, 10/9/2004]
The EPA’s National Ombudsman’s office publishes a report criticizing the EPA’s response to the contamination that was caused by the destruction of the World Trade Center. Robert J. Martin, the EPA National Ombudsman, finds that the “EPA has neither fully used its legal authorities nor its existing hazardous materials response capabilities as a leader of the National Response System to aid the victims of the terrorist attack….” [Environmental Protection Agency National Ombudsman, 3/27/2002]
The EPA “initiated the National Contingency Plan (NCP) by mobilizing EPA On-Scene Coordinators (OSCs) [from various locations in the US to work] in Lower Manhattan (see (8:50 a.m. EST) September 11, 2001) to sample indoor and outdoor air, dust and water to, among other things, determine the levels of contamination.”
“[T]he United States Geological Survey (USGS) testified that the plume of contaminated dust from the attacks was highly caustic with pH readings at least as high as 12.1 (see September 20, 2001).”
“The Director of the Occupational Safety and Health Administration, has concluded that all dust from the World Trade Center attack must be presumed to be asbestos containing material (ACM) (see January 31, 2002).”
“During the last thirty years as a leader of the National Response System, EPA has used the National Contingency Plan as a framework to perform indoor air testing and remediation where there have been releases of hazardous material into homes, schools, and/or offices throughout the United States.”
“A clear reading of the definition of hazardous waste under the Resource Conservation and Recovery Act (RCRA), leads to the reasonable conclusion that all of the material, released from the attack may be a hazardous waste.”
“[A]ny cleanup of this dust, should have been and must now be performed in Ml compliance with the OSHA regulations including but not limited to 29 CFR 1910 and 1926.”
“The EPA is not being honest about the presence of EPA On Scene-Coordinators in New York (see October 5, 2001)
(see October 9, 2001-October 19, 2001)
(see March 11th, 2002).”
“EPA has not fully discharged its duties under PDD (Presidential Directive) 62 (see November 28, 2001), the National Contingency Plan (NCP) (see 1972), and the 2001 OMB Annual Report to Congress on Combating Terrorism (see August 2001). EPA has abandoned its responsibilities for cleaning up buildings (both inside and out) that are contaminated, or that are being re-contaminated, as a result of the uncontrolled chemical releases from the World Trade Center terrorist attack.”
“EPA Region II should, pursuant to authorities under Presidential Directive PDD 62, and the National Contingency Plan (NCF) immediately clean the ducts and upgrade the ventilation systems to install high efficiency filtration at the Stuyvesant High School during spring break.”
“EPA Region II should execute authorities under Presidential Directive PDB 62, the National Contingency Plan (NCP), and consistent with Administrator Whitman’s statement in Libby, Montana four days before the World Trade Center terrorist attack, issue legal guarantees to all building owners, building managers, local businesses, the New York City Board of Education, and condominium and coop owners to protect them from assuming the costs of cleanup from the terrorist attack on the World Trade Center.”
“Consistent with Presidential Directive PDD 62, the National Contingency Plan (NCP), and Administrator Whitman’s statement in Libby, Montana four days before the World Trade Center terrorist attack, EPA Region II should cleanup all impacted buildings (interiors and exteriors) in conjunction with corresponding remediation at ‘ground zero.’”
After years of battling Republican filibuster efforts and other Congressional impediments, the Bipartisan Campaign Reform Act of 2002 is signed into law. Dubbed the “McCain-Feingold Act” after its two Senate sponsors, John McCain (R-AZ) and Russ Feingold (D-WI), when the law takes effect after the 2002 midterm elections, national political parties will no longer be allowed to raise so-called “soft money” (unregulated contributions) from wealthy donors. The legislation also raises “hard money” (federal money) limits, and tries, with limited success, to eliminate so-called “issue advertising,” where organizations not directly affiliated with a candidate run “issues ads” that promote or attack specific candidates. The act defines political advertising as “electioneering communication,” and prohibits advertising paid for by corporations or by an “unincorporated entity” funded by corporations or labor unions (with exceptions—see June 25, 2007). To a lesser extent, the BCRA also applies to state elections. In large part, it supplants the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980). [Federal Election Commission, 2002; Center for Responsive Politics, 2002 ; Connecticut Network, 2006 ]
Bush: Bill 'Far from Perfect' - Calling the bill “far from perfect,” President Bush signs it into law, taking credit for the bill’s restrictions on “soft money,” which the White House and Congressional Republicans had long opposed. Bush says: “This legislation is the culmination of more than six years of debate among a vast array of legislators, citizens, and groups. Accordingly, it does not represent the full ideals of any one point of view. But it does represent progress in this often-contentious area of public policy debate. Taken as a whole, this bill improves the current system of financing for federal campaigns, and therefore I have signed it into law.” [Center for Responsive Politics, 2002 ; White House, 3/27/2002]
'Soft Money' Ban - The ban on so-called “soft money,” or “nonfederal contributions,” affects contributions given to political parties for purposes other than supporting specific candidates for federal office (“hard money”). In theory, soft money contributions can be used for purposes such as party building, voter outreach, and other activities. Corporations and labor unions are prohibited from giving money directly to candidates for federal office, but they can give soft money to parties. Via legal loopholes and other, sometimes questionable, methodologies, soft money contributions can be used for television ads in support of (or opposition to) a candidate, making the two kinds of monies almost indistinguishable. The BCRA bans soft money contributions to political parties. National parties are prohibited from soliciting, receiving, directing, transferring, and spending soft money. State and local parties can no longer spend soft money for any advertisements or other voter communications that identify a candidate for federal office and either promote or attack that candidate. Federal officeholders and candidates cannot solicit, receive, direct, transfer, or spend soft money in connection with any election. State officeholders and candidates cannot spend soft money on any sort of communication that identifies a candidate for federal office and either promotes or attacks that candidate. [Legal Information Institute, 12/2003; ThisNation, 2012]
Defining 'Issue Advertisements' or 'Electioneering Communications' - In a subject related to the soft money section, the BCRA addresses so-called “issue advertisements” sponsored by outside, third-party organizations and individuals—in other words, ads by people or organizations who are not candidates or campaign organizations. The BCRA defines an “issue ad,” or as the legislation calls it, “electioneering communication,” as one that is disseminated by cable, broadcast, or satellite; refers to a candidate for federal office; is disseminated in a particular time period before an election; and is targeted towards a relevant electorate with the exception of presidential or vice-presidential ads. The legislation anticipates that this definition might be overturned by a court, and provides the following “backup” definition: any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate).
Corporation and Labor Union Restrictions - The BCRA prohibits corporations and labor unions from using monies from their general treasuries for political communications. If these organizations wish to participate in a political process, they can form a PAC and allocate specific funds to that group. PAC expenditures are not limited.
Nonprofit Corporations - The BCRA provides an exception to the above for “nonprofit corporations,” allowing them to fund electioneering activities and communications from their general treasuries. These nonprofits are subject to disclosure requirements, and may not receive donations from corporations or labor unions.
Disclosure and Coordination Restrictions - This part of the BCRA amends the sections of FECA that addresses disclosure and “coordinated expenditure” issues—the idea that “independent” organizations such as PACs could coordinate their electioneering communications with those of the campaign it supports. It includes the so-called “millionaire provisions” that allow candidates to raise funds through increased contribution limits if their opponent’s self-financed personal campaign contributions exceed a certain amount.
Broadcast Restrictions - The BCRA establishes requirements for television broadcasts. All political advertisements must identify their sponsor. It also modifies an earlier law requiring broadcast stations to sell airtime at its lowest prices. Broadcast licensees must collect and disclose records of purchases made for the purpose of political advertisements.
Increased Contribution Limits - The BCRA increases contribution limits. It also bans contributions from minors, with the idea that parents would use their children as unwitting and unlawful conduits to avoid contribution limits.
Lawsuits Challenge Constitutionality - The same day that Bush signs the law into effect, Senator Mitch McConnell (R-KY) and the National Rifle Association (NRA) file lawsuits challenging the constitutionality of the BCRA (see December 10, 2003). [Legal Information Institute, 12/2003]
Rick Baccus. [Source: PBS]Brig. Gen. Michael Lehnert is succeeded by Rhode Island Army National Guard Brig. Gen. Rick Baccus as commander of JTF-160 at Guantanamo. [American Forces Press Service, 1/14/2003] Soon, Baccus will be seen as out of sync with the more aggressive attitude towards the Guantanamo detainees held at the Defense Department. A Pentagon source, quoted by Newsweek, says Baccus mainly “wanted to keep the prisoners happy.” [Newsweek, 5/24/2004] At one point, Baccus says his MPs must ensure that the detainees are treated within the spirit of the Geneva Conventions. “Humane treatment,” he says, “means we have to provide them clothing, food, shelter, and allow them to practice their religious beliefs. However, what we don’t allow them to do are things like live in groups, use the canteen or work on work details.” [American Forces Press Service, 1/14/2003] Baccus’ statements reveal that he is an officer thoroughly trained in the use of the Geneva Conventions. Noting that the Third Geneva Convention states that detainees shall be incarcerated under similar conditions as those who guard them, he says: “You wouldn’t want detainees living in substandard conditions, which is something we in the United States wouldn’t want to happen. Obviously our soldiers—the guard force—who deal with them every day are living in the same area as the detainees at Camp Delta.” [American Forces Press Service, 1/14/2003] Baccus furthermore provides detainees with Korans, special meals for Ramadan, and information on prisoners’ rights. [American Forces Press Service, 1/14/2003] When addressing the detainees, he begins his speech saying, “[P]eace be with you,” and ends with, “[M]ay God be with you.” [Guardian, 10/16/2002] “All the service members here recognize the fact that they need to treat the detainees humanely,” he says. “Any time anyone lays down their arms, our culture has been to treat them as non-combatant and humanely.” [American Forces Press Service, 1/14/2003] Harsh interrogation tactics may have been employed without Baccus’ knowledge. After his replacement in October 2002, he will say, “In no instance did I interfere with interrogations.” [Guardian, 10/16/2002] However, there is at least one worrying practice he is aware of. He later says medical records of prisoners are routinely shared with military intelligence personnel. Doctors and medics advise interrogators to help them determine the prisoners’ ability to endure the questioning. [Washington Post, 6/10/2004]
The house in Faisalabad, Pakistan, where Abu Zubaida is arrested. [Source: New York Times]Al-Qaeda leader Abu Zubaida is captured in Faisalabad, Pakistan. He is the first al-Qaeda leader considered highly important to be captured or killed after 9/11.
Zubaida Injured during Raid - A joint team from the FBI, the CIA, and the ISI, Pakistan’s intelligence agency, raids the house where Zubaida is staying. Around 3 a.m., the team breaks into the house. Zubaida and three others wake up and rush to the rooftop. Zubaida and the others jump to a neighbor’s roof where they are grabbed by local police who are providing back-up for the capture operation. One of Zubaida’s associates manages to grab a gun from one of the police and starts firing it. A shoot-out ensues. The associate is killed, several police are wounded, and Zubaida is shot three times, in the leg, stomach, and groin. He survives. About a dozen other suspected al-Qaeda operatives are captured in the house, and more are captured in other raids that take place nearby at the same time. [New York Times, 4/14/2002; Suskind, 2006, pp. 84-89] US intelligence had slowly been closing in on Zubaida’s location for weeks, but accounts differ as to exactly how he was found (see February-March 28, 2002). He had surgically altered his appearance and was using an alias, so it takes a few days to completely confirm his identity. [New York Times, 9/10/2006]
Link to Pakistani Militant Group - A later US State Department report will mention that the building Zubaida is captured in is actually a Lashkar-e-Toiba safehouse. Lashkar-e-Toiba is a Pakistani militant group with many links to al-Qaeda, and it appears to have played a key role in helping al-Qaeda operatives escape US forces in Afghanistan and find refuge in Pakistan (see Late 2001-Early 2002). [US Department of State, 4/30/2008]
Rendition - Not long after his arrest, Zubaida is interrogated by a CIA agent while he is recovering in a local hospital (see Shortly After March 28, 2002). He then is rendered to a secret CIA prison, where he is interrogated and tortured (see Mid-May 2002 and After). Throughout his detention, members of the National Security Council and other senior Bush administration officials are briefed about Zubaida’s captivity and treatment. [Senate Intelligence Committee, 4/22/2009 ]
Is Zubaida a High-Ranking Al-Qaeda Leader? - Shortly after the arrest, the New York Times reports that “Zubaida is believed by American intelligence to be the operations director for al-Qaeda and the highest-ranking figure of that group to be captured since the Sept. 11 attacks.” [New York Times, 4/14/2002] But it will later come out that while Zubaida was an important radical Islamist, his importance was probably overstated (see Shortly After March 28, 2002).
Tortured While in US Custody - Once Zubaida has sufficiently recovered from his injuries, he is taken to a secret CIA prison in Thailand for more interrogation. [Observer, 6/13/2004; New York Review of Books, 3/15/2009] One unnamed CIA official will later say: “He received the finest medical attention on the planet. We got him in very good health, so we could start to torture him.” [Suskind, 2006, pp. 94-96, 100] Defense Secretary Donald Rumsfeld publicly vows that Zubaida will not be tortured, but it will later come out that he was (see Mid-May 2002 and After and April - June 2002). [New York Times, 4/14/2002]
Labed Ahmed (a.k.a. Ahmed Taleb). [Source: US Defense Department]Alleged al-Qaeda Hamburg cell member Labed Ahmed (a.k.a. Ahmed Taleb) is arrested in Faisalabad, Pakistan, as part of a series of raids that also results in the arrest of al-Qaeda leader Abu Zubaida and other suspected al-Qaeda operatives (see March 28, 2002). Apparently, he is in the same house as Zubaida when both of them are arrested. Ahmed is transferred to US custody two months later, and then sent to the US-run prison in Guantanamo, Cuba, on August 5, 2002.
History of Robbery and Drug Dealing - Ahmed is an Algerian in his late 40s. In the early 1980s, he served in the Algerian army for four years. He was found guilty several times of robbery. In the early 1990s, he lived in Italy and was found guilty several times of drug dealing and robbery. From 1994 onwards he lived in Hamburg, Germany, and spent a total of two years in prison for a variety of crimes, including robbery and credit card fraud. He continued to deal illegal drugs. Eventually, he became a radical Islamist and associated with members of the al-Qaeda cell in Hamburg, although when and how this happened is unclear. (Note that in 1995, Hamburg cell member and future 9/11 hijacker Mohamed Atta was investigated for petty drug crimes (see 1995).) [US Department of Defense, 9/16/2005]
Plane Flight with Hamburg Cell Members - On September 3, 2001, Ahmed flew to Pakistan with cell member Said Bahaji, another older Algerian named Ismail Bin Murabit (a.k.a. Ismail Ben Mrabete), and others suspected of links to the Hamburg cell. They stayed in the same hotel when they arrived in Karachi, Pakistan. Information on Ahmed’s travel was uncovered by German investigators (see September 3-5, 2001).
Training and Fighting in Afghanistan, Hiding in Pakistan - According to Ahmed’s 2008 Guantanamo file, Ahmed confesses that he, Bin Murabit, and Bahaji traveled together to the al-Faruq training camp near Kandahar, Afghanistan. There, they met Zakariya Essabar, another Hamburg cell member who had just left Germany (see Late August 2001). Ahmed and Bin Murabit stayed together and trained at a variety of locations in Afghanistan. Later in 2001, they fought against US forces near Bagram, Afghanistan. Ahmed then snuck across the Pakistan border with the help of the Lashkar-e-Toiba militant group, and lived in the same safe house as Zubaida and other militants for about a month before they are all captured. Apparently, Ahmed split up from Bin Murabit at some point, because Bin Murabit is not captured, and it is unclear what happens to him. [US Department of Defense, 4/23/2008] (Note that the contents of these Guantanamo files are often based on dubious sources, and sometimes on torture (see April 24, 2011).) Despite Ahmed’s links to the Hamburg cell and Zubaida, he will be transferred to Algeria on November 10, 2008. It is unknown if he is set free or imprisoned by the Algerian government. [New York Times, 4/25/2011]
HCA, the country’s largest for-profit hospital chain, announces that it has struck a deal with the Centers for Medicare & Medicaid Services (CMS) over unaudited Medicare and Medicaid billings.
The company—which paid more than $840 million in criminal fines, civil penalties, and damages in 2000 for fraudulent reportings to Medicare (see December 14, 2000), and which is still being investigated—will pay CMS $250 million to zero out its account with the agency. [Associated Press, 3/28/2002] But according to numerous government whistle-blowers, the amount is far too low. In a letter to the Department of Health and Human Services, Senator Charles E. Grassley (R-IA) will later accuse Medicare officials of “seeking to allow HCA to resolve more than $1 billion of liability to the Medicare program for only $250 million, based on little to no evidence supporting this low figure.” Even more troubling, notes the Senator, Medicare has agreed not to audit the company’s cost reports that have been piling up since 1997 when the agency stopped processing HCA bills because of the lawsuit. “One would expect a company with such a track record to be subjected to heightened scrutiny.… [Instead,] the Centers for Medicare and Medicaid Services is proposing to excuse HCA from an even routine review of thousands of Medicare cost reports,” Grassley writes. He says the deal is “too lenient.” John R. Phillips, one of the attorneys involved in the lawsuit against HCA, later says the deal was quietly arranged between HCA and CMS head Thomas A. Scully. “The $250 million was a total sellout by Scully, who totally negotiated it behind Justice’s back,” he says. [New York Times, 11/19/2002] Similarly, Grassley, in a June 25 letter to a Justice Department lawyer, says comments by Scully “have given me great concern that there is an active, ongoing effort underway to change or modify enforcement [on Medicare fraud] policy that in my view could significantly undermine the [law].” [Office of Senator Charles Grassley, 7/25/2002] Scully, during his confirmation hearings, had pledged he would “aggressively enforc[e] the fraud statutes” (see May 29, 2001).
Abu Zubaida injured, shortly after his arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]After al-Qaeda leader Abu Zubaida is captured on March 28, 2002 (see March 28, 2002), the CIA takes control of his detention and interrogation, but there is no legal clarity over just how aggressive his interrogation can be for several months. [Tenet, 2007, pp. 241] Thereforem the CIA asks the White House “what the legal limits of interrogation are,” according to Justice Department lawyer John Yoo. [Washington Post, 6/25/2007] CIA Director George Tenet will write in his 2007 book: “Now that we had an undoubted resource in our hands—the highest-ranking al-Qaeda official captured to date—we opened discussions within the National Security Council as to how to handle him, since holding and interrogating large numbers of al-Qaeda operatives had never been part of our plan.… We wondered what we could legitimately do to get that information. Despite what Hollywood might have you believe, in situations like this you don’t call in the tough guys, you call in the lawyers. It took until August to get clear guidance on what Agency officers could legally do.” [Tenet, 2007, pp. 241] This is a reference to an August 1, 2002 Justice Department memo legally justifying the use of some interrogations generally deemed to be torture (see August 1, 2002). But it appears Zubaida was subjected to the most extreme interrogation methods the US used, such as waterboarding, well before August 2002 (see Mid-May 2002 and After). However, during this period of uncertainty and into 2003, the CIA gets advice from Michael Chertoff, head of the Justice Department’s criminal division at the time, about which techniques are likely legal and which ones are not (see 2002-2003).
Mohammed Omar Abdul-Rahman. [Source: Public domain]In 2007, NBC News will report that the CIA uses aggressive interrogation techniques on at least 13 high-ranking al-Qaeda detainees between 2002 and 2004. These techniques are first used on Abu Zubaida, captured in March 2002 (see March 28, 2002), and some of the techniques are discontinued in the wake of the Abu Ghraib scandal around the middle of 2004 (see April 28, 2004), which is also around the time the CIA’s Inspector General issues a secret report suggesting many of these techniques could be a violation of an international treaty against torture (see May 7, 2004). Euphemistically called “enhanced interrogation,” these techniques include:
Exposure to extreme heat and cold.
Psychological and physical abuse.
The use of psychotropic drugs.
Waterboarding. However, waterboarding is allegedly only used on about four of the detainees (see May 2002-2003).
All 13 of these detainees will later be transferred to Guantanamo prison to stand trial before a military tribunal there (see September 2-3, 2006). (Two others similarly transferred - Abu Faraj al-Libbi and Abd al-Hadi al-Iraqi - are captured after the Abu Ghraib scandal and thus are not subjected to as many interrogation techniques.) [MSNBC, 9/13/2007] However, there are other “ghost detainees” not officially acknowledged as captured by the US government (see June 7, 2007). Some, like Hassan Ghul, Abdul Rahim al-Sharqawi, and Mohammed Omar Abdul-Rahman, are held in the same secret prison as most of the “official” high-ranking detainees later transferred to Guantanamo, so it would seem likely that aggressive techniques have been used on many of them as well. In 2007, President Bush will sign an executive order allowing the CIA to use most of these aggressive techniques again (see July 2007).
Entity Tags: Mohamad Farik Amin, Majid Khan, Mustafa Ahmed al-Hawsawi, Khallad bin Attash, Ramzi bin al-Shibh, Mohammed Nazir Bin Lep, Khalid Shaikh Mohammed, Mohammed Omar Abdul-Rahman, Hambali, Abdul Rahim al-Sharqawi, Abd al-Rahim al-Nashiri, Abd al-Hadi al-Iraqi, Hassan Ghul, Abu Faraj al-Libbi, Ali Abdul Aziz Ali, Ahmed Khalfan Ghailani, Central Intelligence Agency, Abu Zubaida, Gouled Hassan Dourad
Timeline Tags: Torture of US Captives, Complete 911 Timeline
Abdullah bin Laden, bin Laden family spokesman (not the Abdullah connected to WAMY). [Source: Agence France-Presse.]Abdullah bin Laden, spokesman for the bin Laden family and one of Osama’s many brothers, speaks directly to the press for the first time since 9/11. He says that the family cut all personal and financial ties to Osama in 1993 and that no family member has contact with him or provides any kind of support for him. “We went through a tough time. It was difficult. We felt we are a victim as well.” [ABC News, 3/29/2002]
Not long after alleged al-Qaeda leader Abu Zubaida is captured in Pakistan (see March 28, 2002), he is interrogated by the CIA.
Zubaida Allegedly Building a Bomb - Zubaida was shot three times while being captured. When he awakes in a Lahore hospital, he is confronted by CIA agent John Kiriakou (a member of the capture team), who will later recall: “I asked him in Arabic what his name was. And he shook his head. And I asked him again in Arabic. And then he answered me in English. And he said that he would not speak to me in God’s language. And then I said: ‘That’s okay. We know who you are.’ And then he asked me to smother him with a pillow. And I said: ‘No, no. We have plans for you.’” Kiriakou will later call Zubaida “the biggest fish that we had caught,” and will say, “We knew he was full of information… and we wanted to get it.” Kiriakou will allege that Zubaida’s captors found evidence that he “and two other men were building a bomb. The soldering [iron] was still hot. And they had plans for a school on the table,” apparently the British school in Lahore.
Zubaida Has Current Threat Information - Zubaida, Kiriakou will say, is “very current. On top of the current threat information.” Kiriakou will report that while in the hospital, Zubaida “wanted to talk about current events. He told us a couple of times that he had nothing personal against the United States.… He said that 9/11 was necessary. That although he didn’t think that there would be such a massive loss of life, his view was that 9/11 was supposed to be a wake-up call to the United States.” But, Kiriakou will claim, Zubaida is “willing to talk about philosophy, [but] he was unwilling to give us any actionable intelligence.” Later CIA reports also indicate that CIA officials, presumably Kiriakou and others, believe that Zubaida has information pertaining to planned al-Qaeda attacks against US targets. [Senate Intelligence Committee, 4/22/2009 ] Apparently, Kiriakou is only with Zubaida a short time. Zubaida is quickly sent to a secret CIA prison in Thailand to be interrogated and eventually tortured, while Kiriakou stays in Pakistan (see Mid-May 2002 and After).
In the wake of al-Qaeda leader Abu Zubaida’s arrest (see March 28, 2002), the FBI discovers much useful information (see Shortly After March 28, 2002). FBI agent Dan Coleman leads a team to sort through Zubaida’s computer files and documents. However, at the same time, some US officials come to believe that Zubaida’s prominence in al-Qaeda’s hierarchy has been overestimated. Many FBI officials conclude that he was used as little more than a travel agent for training camp attendees because he was mentally ill. [Suskind, 2006, pp. 94-96, 100]
FBI Agent Coleman: Zubaida Is Mentally Crippled - FBI counterterrorist operative Dan Coleman will go through Zubaida’s journals and other materials seized from his Faisalabad safe house. Coleman will say: “Abu Zubaydah was like a receptionist, like the guy at the front desk [of a hotel]. He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” Because Zubaida is not conversant with al-Qaeda security methods, “[t]hat was why his name had been cropping up for years.” Of Zubaida’s diaries, Coleman will say: “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11. All it does is reveal someone in torment. [Zubaida is physically and mentally crippled from wounds suffered fighting in Afghanistan in the early 1990s.] Based on what I saw of his personality, he could not be what they say he was.” [Vanity Fair, 12/16/2008] Coleman will add: “He knew very little about real operations, or strategy. He was expendable.” Zubaida’s diary evidences his apparent schizophrenia; he wrote it in three different personas, or voices, each with a different and distinctive personality. [Suskind, 2006, pp. 94-96, 100]
Islamist Al-Deen: Importance Overstated? - Noor al-Deen, a Syrian teenager, was captured along with Zubaida. The terrified al-Deen will readily answer questions from his captors, and will describe Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. Al-Deen will be sent to a detention facility in Morocco and later to Syria; his subsequent whereabouts and status will remain unknown to the public. [Washington Post, 3/29/2009]
Informant Says Zubaida Behaved Oddly - Other accounts back up this assessment. For instance, Omar Nasiri, a former informant for European intelligence agencies who met Zubaida in the 1990s, will later describe Zubaida’s odd behavior, saying he “shuffled around his home in near-total darkness, carrying a gas lantern from room to room. He barely spoke and would often communicate by pointing.” [New Yorker, 1/22/2007]
CIA Officer Scheuer: Zubaida Served as Key Hub - Michael Scheuer, who previously ran the CIA’s bin Laden unit (see February 1996), will later say of Zubaida’s importance: “I’d followed him for a decade. If there was one guy you could call a ‘hub,’ he was it.” Scheuer will describe Zubaida not as an actual al-Qaeda member, but “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. Scheuer will say that Zubaida, a Palestinian, “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and he was bent on causing damage to Israel, not the US. [Vanity Fair, 12/16/2008]
Involvement in Pre-9/11 Plots - However, Zubaida does appear to have been involved in numerous plots before 9/11 (see for instance November 30, 1999 and Early September 2001). Al-Qaeda operative Ahmed Ressam cooperated with US investigators after being arrested. He worked with Zubaida and suggested Zubaida was of some importance, but not one of al-Qaeda’s highest leaders. According to Ressam, Zubaida “is the person in charge of the [training] camps. He receives young men from all countries. He accepts you or rejects you. He takes care of the expenses of the camps. He makes arrangements for you when you travel coming in or leaving.” [Gunaratna, 2003, pp. 133] Furthermore, when Zubaida was caught, apparently he and several others staying with him were in the middle of building a bomb. According to one of the CIA officers who helped capture him, the soldering iron used in making the bomb was still hot when he was captured (see Shortly After March 28, 2002). [Senate Intelligence Committee, 4/22/2009 ]
CIA Chief Tenet Rejects Diagnosis of Schizophrenia - In a 2007 book, former CIA Director George Tenet will claim that the reports that Zubaida was mentally unstable were “[b]aloney.… Apparently, the source of the rumor that Abu Zubaida was unbalanced was his personal diary, in which he adopted various personas. From that shaky perch, some junior Freudians leapt to the conclusion that Zubaida had multiple personalities. In fact, agency psychiatrists eventually determined that in his diary he was using a sophisticated literary device to express himself.” [Tenet, 2007, pp. 243]
Zubaida Touted as High-Level Terror Chief - Regardless, despite being briefed otherwise, President Bush and others in his administration will repeatedly tout the importance of capturing Zubaida and no hint of any doubts about his importance or sanity will be publicly expressed (see April 9, 2002 and After). [Suskind, 2006, pp. 94-96, 100]
Philip Gordon of the Brooking Institution tells the Associated Press, “Removing Saddam [Hussein] will be opening a Pandora’s box, and there might not be any easy way to close it back up.” [Associated Press, 3/31/2002]
After Dick Cheney’s 10-day trip across the Middle East, during which he was told by several Middle East leaders that their respective governments would not support an invasion of Iraq, an official tells the Telegraph of London: “I don’t think it will change the administration’s thinking. We are quite determined on this account.” [Daily Telegraph, 3/24/2002]
In a 2006 book, New York Times reporter James Risen will claim that shortly after al-Qaeda leader Abu Zubaida is captured in March 2002, “According to a well-placed source with a proven track record of providing extremely reliable information to the author, [CIA Director] George Tenet soon learned that [President] George Bush was taking a very personal interest in the Zubaida case.” Just days after Zubaida’s arrest, Tenet goes to the White House to give his usual daily Presidential Daily Briefing (PDB). Bush asks Tenet about what the CIA is learning from Zubaida’s interrogation. Tenet replies that nothing has been learned yet because Zubaida is heavily wounded and is too groggy from painkillers to talk coherently. Bush then allegedly asks Tenet, “Who authorized putting him on pain medication?” Risen will comment, “It is possible that this was just one more piece of jocular banter between the two plain-speaking men, according to the source who recounted this incident. Bush’s phrasing was ambiguous. But it is also possible that the comment meant something more. Was [Bush] implicitly encouraging [Tenet] to order the harsh treatment of a prisoner?” Risen notes that some of Tenet’s associates claim they have never heard of the incident and doubt that it is true. [Risen, 2006, pp. 22-23] Later, it appears Bush will be deliberately kept out of the loop regarding the treatment of Zubaida and other detainees in order to avoid culpability for the harsh interrogation methods used (see April 2002 and After).
FBI senior interrogator and al-Qaeda expert Ali Soufan, in conjunction with FBI agent Steve Gaudin, interrogate suspected al-Qaeda operative Abu Zubaida (see March 28, 2002) using traditional non-coercive interrogation methods, while Zubaida is under guard in a secret CIA prison in Thailand. A CIA interrogation team is expected but has not yet arrived, so Soufan and Gaudin who have been nursing his wounds are initially leading his questioning using its typical rapport-building techniques. “We kept him alive,” Soufan will later recall. “It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.” At the beginning, Zubaida denies even his identity, calling himself “Daoud;” Soufan, who has pored over the FBI’s files on Zubaida, stuns him by calling him “Hani,” the nickname his mother called him. Soufan and Gaudin, with CIA officials present, elicit what he will later call “important actionable intelligence” from Zubaida. To help get him to talk, the agents bring in a box of audiotapes and claim they contain recordings of his phone conversations. He begins to confess.
Zubaida Reveals KSM Is 9/11 Mastermind - Zubaida tells Soufan that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks, and confirms that Mohammed’s alias is “Mukhtar,” a vital fact US intelligence discovered shortly before 9/11 (see August 28, 2001). Soufan shows Zubaida a sheaf of pictures of terror suspects; Zubaida points at Mohammed’s photo and says, “That’s Mukhtar… the one behind 9/11” (see April 2002). Zubaida also tells Soufan about American al-Qaeda operative Jose Padilla (see March 2002 and Mid-April 2002). In 2009, Soufan will write of his interrogations of Zubaida (see April 22, 2009): “This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.” When the CIA begins subjecting Zubaida to “enhanced interrogation tactics” (see Mid-April 2002), Soufan will note that they learn nothing from using those tactics “that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions… The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” [Vanity Fair, 7/17/2007; Mayer, 2008, pp. 155; New York Times, 4/22/2009; Newsweek, 4/25/2009]
Standing Up to the CIA - The CIA interrogation team members, which includes several private contractors, want to begin using “harsh interrogation tactics” on Zubaida almost as soon as they arrive. The techniques they have in mind include nakedness, exposure to freezing temperatures, and loud music. Soufan objects. He yells at one contractor (whom other sources will later identify as psychologist James Mitchell—see Late 2001-Mid-March 2002, January 2002 and After and Between Mid-April and Mid-May 2002), telling him that what he is doing is wrong, ineffective, and an offense to American values. “I asked [the contractor] if he’d ever interrogated anyone, and he said no,” Soufan will later say. But, Mitchell retorts that his inexperience does not matter. “Science is science,” he says. “This is a behavioral issue.” Instead, Mitchell says, Soufan is the inexperienced one. As Soufan will later recall, “He told me he’s a psychologist and he knows how the human mind works.” During the interrogation process, Soufan finds a dark wooden “confinement box” that the contractor has built for Zubaida. Soufan will later recall that it looked “like a coffin.” (Other sources later say that Mitchell had the box constructed for a “mock burial.”) An enraged Soufan calls Pasquale D’Amuro, the FBI assistant director for counterterrorism. “I swear to God,” he shouts, “I’m going to arrest these guys!” Soufan challenges one CIA official over the agency’s legal authority to torture Zubaida, saying, “We’re the United States of America, and we don’t do that kind of thing.” But the official counters with the assertion that the agency has received approval from the “highest levels” in Washington to use such techniques. The official even shows Soufan a document that the official claims was approved by White House counsel Alberto Gonzales. It is unclear what document the official is referring to.
Ordered Home - In Washington, D’Amuro is disturbed by Soufan’s reports, and tells FBI director Robert Mueller, “Someday, people are going to be sitting in front of green felt tables having to testify about all of this.” Mueller orders Soufan and then Gaudin to return to the US, and later forbids the FBI from taking part in CIA interrogations (see May 13, 2004). [New York Times, 9/10/2006; Newsweek, 4/25/2009]
Disputed Claims of Effectiveness - The New York Times will later note that officials aligned with the FBI tend to think the FBI’s techniques were effective while officials aligned with the CIA tend to think the CIA’s techniques were more effective. [New York Times, 9/10/2006] In 2007, former CIA officer John Kiriakou will make the opposite claim, that FBI techniques were slow and ineffective and CIA techniques were immediately effective. However, Kiriakou led the team that captured Zubaida in Pakistan and does not appear to have traveled with him to Thailand (see December 10, 2007). [ABC News, 12/10/2007; ABC News, 12/10/2007 ]
Press Investigation Finds that FBI Interrogations Effective - In 2007, Vanity Fair will conclude a 10 month investigation comprising 70 interviews, and conclude that the FBI techniques were effective. The writers will later note, “America learned the truth of how 9/11 was organized because a detainee had come to trust his captors after they treated him humanely.” CIA Director George Tenet reportedly is infuriated that the FBI and not the CIA obtained the information and he demands that the CIA team get there immediately. But once the CIA team arrives, they immediately put a stop to the rapport building techniques and instead begin implementing a controversial “psychic demolition” using legally questionable interrogation techniques. Zubaida immediately stops cooperating (see Mid-April 2002). [Vanity Fair, 7/17/2007]
Entity Tags: Steve Gaudin, Vanity Fair, Robert S. Mueller III, James Elmer Mitchell, Jose Padilla, Abu Zubaida, Ali Soufan, Khalid Shaikh Mohammed, Central Intelligence Agency, George J. Tenet, John Kiriakou, Federal Bureau of Investigation, Pasquale D’Amuro
Timeline Tags: Torture of US Captives, Complete 911 Timeline
In April 2002, German intelligence compile a report about militant leader Abu Musab al-Zarqawi; it suggests that al-Zarqawi is not a part of al-Qaeda (see March 28, 2002). At the end of March 2002, al-Qaeda leader Abu Zubaida was captured and interrogated by US forces (see March 28, 2002). While few details of what Zubaida is said to say are known, some details must have been quickly passed to the Germans because this German intelligence report says, “Even in the interrogations of al-Qaeda leaders there are no indications of al-Zarqawi’s membership in al-Qaeda. Thus, Abu Zubaida (an al-Qaeda recruiter), in one of his interrogations, speaks instead about the ‘Group of al-Zarqawi.” [Bergen, 2006, pp. 359, 422] (Note that information gained from such interrogations are of unknown reliability, especially when torture is used. Zubaida appears to be tortured around this time (see Mid-May 2002 and After)).
CIA Paris Station Chief Bill Murray sends numerous reports to agency headquarters dismissing the theory that Iraq attempted to purchase uranium from Niger. In one cable, he writes, “Do you want me to send a weekly report that the Eiffel Tower is still standing as well?” [Isikoff and Corn, 2006, pp. 99]
CIA case officers stationed all over Europe attend a mandatory special conference in Rome. Officials from the CIA’s Iraq Operations Group inform the case officers that Iraq has been on the administration’s agenda from the very beginning. One officer who attends the conference later tells author James Risen: “They said this was on Bush’s agenda when he got elected, and that 9/11 only delayed it. They implied that 9/11 was a distraction from Iraq. And they said Bush was committed to a change of leadership in Iraq, and that it would start with kinetic energy—meaning bombs. Meaning war.” Officials in the Iraq Operations Group are openly supportive of the administration’s goal. At the conference, they give presentations about the evils of Iraq, most of which is based on information from the public record. One attendee likens it to a “pep rally” aimed at building support within the agency for an invasion of Iraq. “We were supposed to go out and tell our liaison contacts how bad Saddam was,” the officer later says. During the meeting, it is proposed that the CIA plant stories in the European media in support of a war with Iraq. [Risen, 2006, pp. 183-184]
Yaser Esam Hamdi, detained at Guantanamo in January 2002, is discovered to be a US citizen. He is thereupon officially declared an “enemy combatant” and transferred to the Navy brig in Norfolk, Virginia. [CNN, 10/14/2004]
Two leaks of Anthrax spores are detected at an Army biodefense research building at Fort Detrick in Frederick, Maryland. [Washington Post, 4/24/2002]
Michael Kelly, a federal biologist with the National Oceanic and Atmospheric Administration, heads a team for the National Marine Fisheries Service which is charged with reviewing the Bureau of Reclamation’s 10-year plan for allocating the Klamath River’s water. The team completes a report concluding that the Bureau’s plan would jeopardize the coho salmon, which are protected by the Endangered Species Act. The report makes its way to lawyers at the Justice Department who reject Kelly’s findings and order him to rewrite his biological opinion. Two weeks later, Kelly submits a new report reaffirming the team’s earlier findings, but supported by more scientific and detailed legal analysis. The recommendations are again rejected. Against the team’s advice, the Bureau of Land management will approve lower water levels for the Klamath River, based on recommendations from the National Academy of Sciences, which Kelly refuses to endorse. “Obviously someone at a higher level order the service to accept this new plan,” Kelly will observe. The decision will lead to the death of 33,000 salmon and steelhead trout (see September 2002). [Associated Press, 5/20/2004]
ABC News will later report that the FBI begins suspecting scientist Bruce Ivins for the 2001 anthrax attacks (see October 5-November 21, 2001) in early 2002. The FBI first begins to suspect Ivins in April when it is discovered he had failed to quickly report anthrax had been found near his desk, away from the laboratory area where he usually works with anthrax. Ivins claims he did not report the leak in a timely manner because he did not want to cause an uproar (see December 2001-May 2002). One of Ivins’s colleagues will later confirm that Ivins knew he had been under suspicion for years, and hired a criminal defense lawyer not long after the attacks. However, the FBI is already focusing their suspicions on a different scientist, Steven Hatfill (see February-June 2002), and largely dismisses concerns about Ivins. Ivins had passed a polygraph test (see Winter 2001), and directly assists the FBI with the anthrax investigation (see Mid-October 2001). Not only does he help analyze the anthrax letters, but he participates in strategy meetings on how to find the person responsible. [ABC News, 8/1/2008] Court documents will later claim that Ivins also repeatedly offers the FBI names of colleagues at USAMRIID who might be potential suspects in the attacks. In a 2007 search of his house, the FBI will find an e-mail from 2002 in which he names two fellow scientists and gives 11 reasons for their possible guilt. He sent the email from a personal account to his Army account, but it is not known if he sent it to anyone else. The FBI will later claim he was attempting to mislead the investigation. [New York Times, 8/7/2008; Wall Street Journal, 8/7/2008] Brad Garrett, a former FBI agent involved in the anthrax investigation, will later say, “If he in fact was the correct person, he was actually put in charge of analyzing the evidence of his own crime.” [ABC News, 8/1/2008]
In February 2002, scientist Bruce Ivins submitted a sample of the anthrax he has been using to FBI investigators, but it was destroyed because it was not submitted according to strict protocols. As a result, he is asked to submit a second sample in April 2002, and does. Ivins works at USAMRIID, the US Army’s top bioweapons laboratory, and is helping with the anthrax investigation even as the FBI has reason to believe the anthrax could have come from USAMRIID (see Mid-October 2001 and Winter 2001). Ivins is using a variety of the Ames anthrax strain known as RMR-1029. Around early 2004, scientists will discover some unique genetic markers to the anthrax used in the 2001 attacks and will start comparing that anthrax to other anthrax. No match will be found between Ivins’s April 2002 sample and the anthrax used in the attacks. As a result of this discrepancy, the FBI will raid Ivins’s lab in July 2004 and seize more samples of RMR-1029 (see July 16, 2004). Additionally, Paul Keim, a biologist at Northern Arizona University and an expert at distinguishing various strains of anthrax, keeps duplicates of all the anthrax samples sent to the FBI. In early 2007, it will be discovered that he still has a copy of Ivins’s February 2002 sample. A match will be discovered between that RMR-1029 sample and the sample from the attacks (see Early 2007). However, at least 100 scientists had access to this sample (see Late 2005-2006). [New York Times, 8/20/2008] It remains unknown if Ivins altered the sample he submitted. Keim will later say that the genetic markers found in other samples of RMR-1029 should have been found in Ivins’s sample. He will note that “the FBI is implying he did it on purpose.” However, he will say that “Ivins may simply have failed to collect a representative sample.” [Philadelphia Inquirer, 9/1/2008] In an August 2008 press briefing (see August 18, 2008), a government official will be asked if the sample submitted was not RMR-1029. The official will reply, “I don’t want to speculate that far.” [US Department of Justice, 8/18/2008]
After exhaustive discussions, White House negotiator Charles Pritchard is able to convince the North Koreans that the US is serious about wanting to reopen negotiations (see Late March, 2001 and February 2002). Once the North Koreans make their overtures for reopening talks, President Bush once again reverses course, abandoning the 2001 policy changes in favor of what officials call a “bold approach” that will deal with all outstanding issues, including nuclear proliferation and human rights abuses, without protracted negotiations. The opportunity to test Bush’s rhetoric never comes; North Korea will soon admit to having the capability to enrich uranium in violation of the Agreed Framework (see October 4, 2002), a development that radically alters US-North Korean relations for the worse. [Scoblic, 2008, pp. 238]
A small team of contractors from the private security firm Blackwater is deployed inside Afghanistan, as a result of a $5 million contract between Blackwater and the CIA (see 2002 and 2002). The contractors provide security for the CIA at the agency’s station in Kabul and at “The Alamo,” a mud fortress in Shkin, along the Afghanistan-Pakistan border. In May, Blackwater founder and owner Erik Prince, a former Navy SEAL, will fly to Afghanistan to help expand operations. The Kabul and Shkin deployments are the first in a long, profitable relationship between the CIA and Blackwater. The relationship stems from a long friendship between Prince and Alvin “Buzzy” Krongard, the CIA’s executive director. Prince formed another part of the Blackwater group, Blackwater Security Consulting, in early 2002 along with former CIA operative Jamie Smith; Krongard provided the firm with one of its first government contracts. In 2006, Krongard will explain: “Blackwater got a contract because they were the first people that could get people on the ground. The only concern we had was getting the best security for our people. If we thought Martians could provide it, I guess we would have gone after them.” The relationship between Krongard and Blackwater will deepen after the first Afghanistan deployment, with Krongard making repeated visits to the Blackwater headquarters in North Carolina and even bringing his children along to use Blackwater’s firing range. Prince was denied a position with the CIA, but will maintain a close relationship with the agency, and will receive “green badge” access to most CIA stations around the world. Krongard will join Blackwater’s board of directors in 2007. [Nation, 8/20/2009]
Around April 2002, most Predator drones are withdrawn from Afghanistan and apparently moved to the Persian Gulf region for missions over Iraq. Senator Bob Graham (D-FL) will later call the Predator “just about the perfect weapon in our hunt for Osama bin Laden.” He will later comment that their removal is “a clear case of how the Bush administration’s single-minded focus on Iraq undermined the war against al-Qaeda in Afghanistan.” [Graham and Nussbaum, 2004, pp. 121; Washington Post, 10/22/2004; Rashid, 2008, pp. 134] Additionally, over the next years, all new Predators built are sent to Iraq and none to Afghanistan. A former Central Command official will say in 2007, “If we were not in Iraq, we would have double or triple the number of Predators across Afghanistan, looking for Taliban and peering into the tribal areas.” [New York Times, 8/12/2007]
FBI agents are able to get prisoner Abu Zubaida to confess that Khalid Shaikh Mohammed (KSM) is the mastermind of the 9/11 attacks. Zubaida, captured in Pakistan in March 2002 (see March 28, 2002), is considered a high-ranking prisoner, although there is controversy over just how important he was to al-Qaeda (see Shortly After March 28, 2002). FBI agents Ali Soufan and Steve Gaudin have been interrogating Zubaida using traditional non-coercive interrogation methods, while he is being held in a secret CIA prison in Thailand (see Late March through Early June, 2002). A CIA interrogation team is expected but has not yet arrived. Soufan shows Zubaida a sheaf of pictures of high priority suspects; Zubaida points at KSM’s photo and says, “That’s Mukhtar… the one behind 9/11.” Shortly before 9/11, US intelligence had learned that the alias “Mukhtar” was frequently used by KSM (see August 28, 2001), but this is important confirmation. The more stunning revelation is that KSM is “the one behind 9/11.” [Mayer, 2008, pp. 155; New York Times, 4/22/2009; Newsweek, 4/25/2009] Zubaida proceeds to lay out more details of the 9/11 plot, although exactly what and how much he says is unknown. [Vanity Fair, 7/17/2007] It is unclear how much US intelligence knew about KSM’s role in the 9/11 attacks prior to this, although at least some was known (see (December 2001)).
Attorneys from the CIA’s Office of Legal Counsel meet with a legal adviser from the National Security Council (NSC) and with members of the Justice Department’s Office of Legal Counsel. The meeting concerns the CIA’s proposed interrogation plan for newly captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002, March 28-August 1, 2002, and April - June 2002). The lawyers mull over the legal restrictions surrounding the proposed interrogations. CIA records will show that the NSC’s legal counsel will brief National Security Adviser Condoleezza Rice, Deputy National Security Adviser Stephen Hadley, Counsel to the President Alberto Gonzales, Attorney General John Ashcroft, and the head of the Justice Department’s criminal division, Michael Chertoff, on the discussion. [Senate Intelligence Committee, 4/22/2009 ]
Entity Tags: John Ashcroft, Central Intelligence Agency, Alberto R. Gonzales, Abu Zubaida, Condoleezza Rice, Office of Legal Counsel (CIA), Stephen J. Hadley, Michael Chertoff, US Department of Justice, National Security Council
Timeline Tags: Torture of US Captives, Complete 911 Timeline
Bud Cummins, the newly installed US Attorney for the Eastern District of Arkansas (see January 9, 2002), does well in his first Evaluation and Review Staff (EARS) evaluation by the Justice Department. He is described as highly regarded by the judiciary in his district as well as by law enforcement, civil client agencies, and his office personnel. [US Department of Justice, Office of the Inspector General, 9/29/2008] The 2005 evaluation of Cummins and his office will indicate that the first evaluation was performed in August 2002, not April. [US House of Representatives, Committee of the Judiciary, 4/13/2007 ] A follow-up letter recognizes Cummins for effectively implementing the department’s national priorities, his office’s work in anti-terrorism initiatives, and its success in prosecuting firearms-related cases. Cummins and his office receive praise for working to combat child pornography and health care fraud. Cummins is lauded for his effective management techniques. [US House of Representatives, Committee on the Judiciary, 5/21/2007]
After six months in an Egyptian prison (see October 29, 2001-April 2002), Mamdouh Habib is flown to the Bagram air base in Afghanistan. Habib will arrive at Guantanamo the following month. [Washington Post, 1/6/2005] After his arrival there, according to the Tipton Three (see November 28, 2001, he bleeds from his nose, ears, and mouth when asleep. He receives no medical attention. They describe him as being “in catastrophic shape, mental, and physical.” At some time during his stay at Guantanamo, Habib is put in isolation at Camp Echo, where prisoners are deprived of natural light 24 hours a day. [Rasul, Iqbal, and Ahmed, 7/26/2004 ]
28-year-old Afghan taxi driver Sayed Abassin is on his way from Kabul to Khost, when he is stopped at a checkpoint at Gardez. One of his passengers is identified as a wanted suspect, and all the occupants in the vehicle, Abassin included, are arrested. At the Gardez police station, Abassin is beaten before being turned over to the US military. After a brief interrogation, he is flown by helicopter to the Bagram base. When his father makes inquiries, he is only told that his son has been taken to Bagram. For the first week he is held in shackles and kept in a cell with 24-hour lighting, with the guards waking him up whenever he would fall asleep. He does not get enough to eat and is forced to stand or kneel for four hours a day. A year later he will say he still has problems with his knees. He is interrogated six or seven times. In total, he spends 40 days at Bagram. [Associated Press, 3/15/2003]
A New Jersey-based consultant, Uday Singh, conducts tests for toxic contaminants in various apartments and street locations, including City Hall Park, and finds a high concentration of mercury vapor. “When compared with mercury concentrations observed in non-industrial urban environments, the mercury vapor concentrations in Lower Manhattan were greater by a factor of 1,000 to 1 million,” he tells Newsday. “It points to a potential for chronic exposure, and it is important that further studies be undertaken immediately,” he adds. [Newsday, 6/6/2002]
The Future of Iraq dossier cover. [Source: Representational Pictures]The US State Department begins the “Future of Iraq” project aimed at developing plans for post-Saddam Iraq. The project eventually evolves into the collaborative effort of some 17 working groups involving more than 200 exiled Iraqi opposition figures and professionals including jurists, academics, engineers, scientists, and technical experts. These groups meet on numerous occasions over the next eight to ten months, preparing plans to address a wide range of issues. The 17 working groups include: Public Health and Humanitarian Needs; Water, Agriculture and the Environment; Public Finance and Accounts; Transitional Justice; Economy and Infrastructure; Refugees and Internally Displaced Persons, and Migration Policy; Foreign and National Security Policy; Defense Institutions and Policy; Civil Society Capacity-Building; Public and Media Outreach; Economic and Infrastructure; Local Government; Anti-Corruption Measures; Oil and Energy; Education; Free Media; and Democratic Principles. [US Department of State, 1/22/2002; United Press International, 6/5/2002; US Department of State, 10/4/2002; US Department of State, 10/11/2002; US Department of State, 10/11/2002; Assyrian International News Agency, 10/31/2002; Washington File, 12/16/2002; Washington File, 12/16/2002; US Department of State, 12/19/2002; Washington File, 2/3/2003; Detroit Free Press, 2/10/2003; US Department of State, 2/12/2003; US Department of State, 4/23/2003 ; New York Times, 10/19/2003; US News and World Report, 11/25/2003]
Problems and Setbacks - The project suffers from a serious lack of interest and funds. In July, The Guardian reports: “Deep in the bowels of the US State Department, not far from the cafeteria, there is a small office identified only by a handwritten sign on the door reading: ‘The Future of Iraq Project.‘… [T]he understaffed and underfunded Future of Iraq Project has been spending more effort struggling with other government departments than plotting Saddam’s downfall.” [Guardian, 7/10/2002] More than a month after the invasion, several of the project’s 17 working groups will still have not met. [Roberts, 2008, pp. 126]
Achievements - The $5 million project ultimately produces 13 volumes of reports consisting of some 2,000 pages of what is described as varying quality. The New York Times will later report, “A review of the work shows a wide range of quality and industriousness.” [New York Times, 10/19/2003] The newspaper cites several examples:
“[T]he transitional justice working group, made up of Iraqi judges, law professors, and legal experts… met four times and drafted more than 600 pages of proposed reforms in the Iraqi criminal code, civil code, nationality laws and military procedure.” [New York Times, 10/19/2003]
“The group studying defense policy and institutions expected problems if the Iraqi Army was disbanded quickly.… The working group recommended that jobs be found for demobilized troops to avoid having them turn against allied forces.” [New York Times, 10/19/2003]
“The democratic principles working group wrestled with myriad complicated issues from reinvigorating a dormant political system to forming special tribunals for trying war criminals to laying out principles of a new Iraqi bill of rights.” [New York Times, 10/19/2003]
“The transparency and anticorruption working group warned that ‘actions regarding anticorruption must start immediately; it cannot wait until the legal, legislative and executive systems are reformed.’” [New York Times, 10/19/2003]
“The economy and infrastructure working group warned of the deep investments needed to repair Iraq’s water, electrical, and sewage systems.” [New York Times, 10/19/2003]
“The free media working group noted the potential to use Iraq’s television and radio capabilities to promote the goals of a post-Hussein Iraq.” [New York Times, 10/19/2003]
Impact of the Project's Work - After the US and British invasion of Iraq, Knight Ridder will report, “Virtually none of the ‘Future of Iraq’ project’s work was used.” [Knight Ridder, 7/12/2003] It was “ignored by Pentagon officials,” the New York Times will also observe. [New York Times, 10/19/2003] Iraq expert and former CIA analyst Judith Yaphe, who is one of the American experts involved in the “Future of Iraq” project, will tell American Prospect magazine in May 2003: “[The Office of the Secretary of Defense] has no interest in what I do.” She will also complain about how the Defense Department prevented the State Department from getting involved in the post-war administration of Iraq. “They’ve brought in their own stable of people from AEI [American Enterprise Institute], and the people at the State Department who worked with the Iraqi exiles are being kept from [Jay] Garner,” she will explain. [American Prospect, 5/1/2003] One of those people is Tom Warrick, the “Future of Iraq” project director. When retired Lt. Gen. Jay Garner, the first US administrator in Iraq, requests that Warrick join his staff, Pentagon civilians veto the appointment. [Knight Ridder, 7/12/2003; New York Times, 10/19/2003] Other sources will also say that the Pentagon purposefully ignored the work of the “Future of Iraq” project. Air Force Lt. Col. Karen Kwiatkowski, who retires from the Pentagon’s Near East/South Asia bureau on July 1, will tell Knight Ridder Newspapers that she and her colleagues were instructed by Pentagon officials in the Office of Special Plans to ignore the State Department’s concerns and views. “We almost disemboweled State,” Kwiatkowski will recall. [Knight Ridder, 7/12/2003] After the fall of Saddam Hussein, critics will say that several of the post-war problems encountered could have been avoided had the Pentagon considered the warnings and recommendations of the “Future of Iraq” project. [American Prospect, 5/1/2003; New York Times, 10/19/2003]
After the capture of al-Qaeda leader Abu Zubaida (see March 28, 2002), the US government is forced to review procedures on how Zubaida and future detainees should be treated. One CIA source will later say, “Abu Zubaida’s capture triggered everything.” The legal basis for harsh interrogations is murky at best, and the Justice Department will not give any legal guidelines to the CIA until August 2002, after Zubaida has already been tortured (see March 28-August 1, 2002 and August 1, 2002).
Bush Kept out of Discussions - New York Times reporter James Risen will later claim in a 2006 book that after showing some initial interest in Zubaida’s treatment (see Late March 2002), President Bush is mysteriously absent from any internal debates about the treatment of detainees. The CIA’s Office of Inspector General later investigates evidence of the CIA’s involvement in detainee abuse, and concludes in a secret report that Bush is never officially briefed on the interrogation tactics used. Earlier meetings are chaired by White House counsel Alberto Gonzales and attended by, among others, Vice President Cheney’s chief lawyer David Addington, Justice Department lawyer John Yoo, White House lawyer Timothy Flanigan, and Pentagon chief counsel William J. Haynes. Later, CIA Director George Tenet gives briefings on the tactics to a small group of top officials, including Vice President Cheney, National Security Adviser Rice, Attorney General John Ashcroft, and future Attorney General Gonzales, but not Bush.
CIA: 'No Presidential Approval' Needed for Torture - Risen will note that “Normally, such high-stakes—and very secret—CIA activities would be carefully vetted by the White House and legally authorized in writing by the president under what are known as presidential findings. Such directives are required by Congress when the CIA engages in covert action.” But through a legal sleight-of-hand, the CIA determines the interrogations should be considered a normal part of “intelligence collection” and not a covert action, so no specific presidential approval is needed. Risen concludes: “Certainly, Cheney and senior White House officials knew that Bush was purposely not being briefed and that the CIA was not being given written presidential authorization for its tactics. It appears that there was a secret agreement among very senior administration officials to insulate Bush and to give him deniability, even as his vice president and senior lieutenants were meeting to discuss the harsh new interrogation methods. President Bush was following a ‘don’t ask, don’t tell’ policy on the treatment of prisoners.” Later, Flanigan will say of the meetings, “My overwheming impression is that everyone was focused on trying to avoid torture, staying within the line, while doing everything possible to save American lives.” [Risen, 2006, pp. 23-27; Savage, 2007, pp. 154]
Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, William J. Haynes, Timothy E. Flanigan, John Ashcroft, David S. Addington, George W. Bush, Abu Zubaida, James Risen, Central Intelligence Agency, George J. Tenet, Alberto R. Gonzales, Condoleezza Rice
Timeline Tags: Torture of US Captives, Complete 911 Timeline
In the days following the capture of al-Qaeda operative Abu Zubaida (see March 28, 2002), a group of top White House officials, the National Security Council’s Principals Committee, begins a series of meetings that result in the authorization of specific torture methods against Zubaida and other detainees. The top secret talks and meetings eventually approve such methods to be used by CIA agents against high-value terrorism suspects. The US media will not learn of this until six years later (see April 9, 2008). The Principals Committee meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Dick Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Tenet’s successor, Porter Goss, will also participate in the meetings. Sometimes deputies attend in place of their superiors. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but also approves the use of “combined” interrogation techniques on suspects who prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions are so detailed that the Principals Committee virtually choreographs the sessions down to the number of times CIA agents can use specific tactics. [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] The Principals Committee also ensures that President Bush is not involved in the meetings, thereby granting him “deniability” over the decisions, though Bush will eventually admit to being aware of the decisions (see April 11, 2008). The Principals Committee, particularly Cheney, is described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. [Associated Press, 4/10/2008]
Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of Zubaida in late March 2002 (see Late March through Early June, 2002 and March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. He is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is allegedly uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004 and April - June 2002). The CIA briefs the Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. After Zubaida is waterboarded (see April - June 2002), CIA officials tell the White House that he provided information leading to the capture of two other high-level al-Qaeda operatives, Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003) and Ramzi bin al-Shibh (see Late 2002 and May 2002-2003). The committee approves of waterboarding as well as a number of “combined” interrogation methods, basically a combination of harsh techniques to use against recalcitrant prisoners.
The 'Golden Shield' - The committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” In August 2002, Justice Department lawyers in the Office of Legal Counsel will write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public knowledge. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. Tenet demands White House approval for the use of the methods, even after the Justice Department issues its so-called “Golden Shield” memo explicitly authorizing government interrogators to torture suspected terrorists (see August 1, 2002). Press sources will reveal that Tenet, and later Goss, convey requests for specific techniques to be used against detainees to the committee (see Summer 2003). One high-ranking official will recall: “It kept coming up. CIA wanted us to sign off on each one every time. They’d say: ‘We’ve got so and so. This is the plan.’” The committee approves every request. One source will say of the discussions: “These discussions weren’t adding value. Once you make a policy decision to go beyond what you used to do and conclude it’s legal, [you should] just tell them to implement it.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] In April 2008, law professor Jonathan Turley will say: “[H]ere you have the CIA, which is basically saying, ‘We’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it.’ So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] A former senior intelligence official will say, “If you looked at the timing of the meetings and the memos you’d see a correlation.” Those who attended the dozens of meetings decided “there’d need to be a legal opinion on the legality of these tactics” before using them on detainees. [Associated Press, 4/10/2008]
Ashcroft Uneasy at White House Involvement - Ashcroft in particular is uncomfortable with the discussions of harsh interrogation methods that sometimes cross the line into torture, though his objections seem more focused on White House involvement than on any moral, ethical, or legal problems. After one meeting, Ashcroft reportedly asks: “Why are we talking about this in the White House? History will not judge this kindly.” However, others in the discussions, particularly Rice, continue to support the torture program. Even after Jack Goldsmith, the chief of the Justice Department’s Office of Legal Counsel (OLC), withdraws the “Golden Shield” memo and after Powell begins arguing that the torture program is harming the image of the US abroad, when CIA officials ask to continue using particular torture techniques, Rice responds: “This is your baby. Go do it.”
Reaction after Press Learns of Meetings - After the press learns of the meetings (see April 9, 2008), the only person involved who will comment will be Powell, who will say through an assistant that there were “hundreds of [Principals Committee] meetings” on a wide variety of topics and that he is “not at liberty to discuss private meetings.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008]
Entity Tags: Office of Legal Counsel (DOJ), Porter J. Goss, US Department of Justice, Ramzi bin al-Shibh, Richard (“Dick”) Cheney, Principals Committee, Khalid Shaikh Mohammed, Jack Goldsmith, John Ashcroft, Bush administration (43), Al-Qaeda, Abu Zubaida, Central Intelligence Agency, Colin Powell, Condoleezza Rice, George W. Bush, George J. Tenet, Donald Rumsfeld, Jonathan Turley, National Security Council
Timeline Tags: Torture of US Captives, Civil Liberties
An Afghani farmer stands in his opium poppy fields. [Source: Shaul Schwarz/ Corbis]“American officials have quietly abandoned their hopes to reduce Afghanistan’s opium production substantially this year and are now bracing for a harvest large enough to inundate the world’s heroin and opium markets with cheap drugs.” They want to see the new Afghan government make at least a token effort to destroy some opium, but it appears that the new government is not doing even that. Afghan leader Hamid Karzai had announced a total ban on opium cultivation, processing, and trafficking, but it appears to be a total sham. The new harvest is so large that it could be “enough opium to stockpile for two or two and a half more years.” [New York Times, 4/1/2002] Starting this month, Karzai’s government offers farmers $500 for every acre of poppies they destroy, but farmers can earn as much as $6,400 per acre for the crop. The program is eventually cancelled when it runs out of money to pay farmers. [Associated Press, 3/27/2003]
CIA videotapes of detainee interrogations are held overseas and not sent back to CIA headquarters from the time they are made (see Spring-Late 2002) until the time they are destroyed (see November 2005). They are stored in a safe at the CIA station in the country or countries where the interrogations are performed. Given that there is concern about keeping such highly classified material overseas, it is unclear why the tapes are not sent to the US for security reasons. [New York Times, 12/19/2007] However, portions of the tapes are transmitted to the US so they can be viewed by CIA managers (see Between April 2002 and November 2005).
The CIA videotapes interrogations of high-value al-Qaeda detainees. The interrogations of at least two detainees are taped. One of the detainees is Abu Zubaida, who helped run a training camp in Afghanistan (see March 28, 2002 and Mid-May 2002 and After). [Central Intelligence Agency, 12/6/2007] Another is Abd al-Rahim al-Nashiri, chief of al-Qaeda operations in the Arabian peninsula (see Early October 2002 and (November 2002)). [New York Times, 12/8/2007] The tapes run to a “couple hundred hours,” and mostly show 24 hour a day coverage of Zubaida in his cell. However, some portions show aggressive interrogations, including waterboarding. According to one source, full transcripts are not made, although summaries are drafted and sent back to CIA headquarters. [Fox News, 12/13/2007; Washington Post, 12/18/2007] Another source says the opposite, “A detailed written transcript of the tapes’ contents—apparently including references to interrogation techniques—was subsequently made by the CIA.” [Newsweek, 12/11/2007] However, after tapes of Zubaida and al-Nashiri’s interrogations are destroyed in 2005 (see November 2005), some tapes are still in existence (see September 19 and October 18, 2007), suggesting that either not all tapes of their interrogations are destroyed, or that one or more other detainees are videotaped. Another detainee whose interrogations may be taped is Ramzi bin al-Shibh, because he is the most important remaining al-Qaeda leader who is captured during this time period (see June 13-September 25, 2000 and September 11, 2002). In addition, at least one audio recording is also made. [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 ] According to a statement by CIA Director Michael Hayden, the interrogations are recorded because “new” procedures are used during the interrogations and the tapes are “meant chiefly as an additional, internal check on the program in its early stages.” The videotaping apparently ends in 2002. [Central Intelligence Agency, 12/6/2007] Another reason for the videotaping is said to be Abu Zubaida’s poor medical condition - he was shot several times during the operation to capture him. An intelligence official will later say, “There were concerns that there be a record of his medical treatment and condition in the event that he died.” [CBS News, 12/13/2007] However, there are various allegations these detainees are tortured (see Mid-May 2002 and After, June 16, 2004, Shortly After September 6, 2006, and March 10-April 15, 2007). Some of the tapes are destroyed in 2005 (see November 2005) and there will be a media and political outcry when this is revealed in 2007 (see December 6, 2007).
National Security Adviser Condoleezza Rice says that it is useless for the US to engage in diplomatic negotiations with Iran. “The problem with Iran,” she says, “is that its policies unfortunately belie the notion that engagement with it has helped.” [Scoblic, 2008, pp. 247]
Flynt Leverett, the newly named head of Mideast affairs for the National Security Council (see December 2001-January 2002), has worked hard for the last months to persuade Bush administration officials to consider a proposal by Saudi Arabia for a peace agreement between Israel and the Palestinian Authority. The proposal, originated by Saudi Arabia’s Crown Prince Abdullah, calls for “full normalization” of relations between Israel and Arab nations in exchange for Israel’s “full withdrawal” from the occupied territories. Abdullah promised that he can persuade all the Arab nations of the region to sign off on the accords. But even with concessions insisted upon by the Israelis, the Bush administration refused to consider the deal. Even after Abdullah persuaded every nation of the Arab League to sign his proposal, the White House refused to listen. In April, Secretary of State Colin Powell, accompanied by Leverett, travels to the Middle East to negotiate an end to an Israeli siege of Palestinian leader Yasser Arafat’s compound. Powell believes he has authorization from the White House to explore what are called “political horizons,” diplomatic shorthand for peace negotiations between Israel and Palestine. Powell and Leverett use the Saudi proposal as a springboard for discussions. On their final day in the Middle East, Leverett, with a group of senior American officials, is trying to hammer out Powell’s final speech when a telephone call from the White House short-circuits the procedure. On the other end, Deputy National Security Adviser Stephen Hadley tells Leverett: “Tell Powell he is not authorized to talk about a political horizon. Those are formal instructions.” Leverett responds by telling Hadley it is a bad idea to abruptly stop negotiations. As he later recalls the conversation, Leverett tells Hadley, “It’s bad policy and it’s also humiliating for Powell, who has been talking to heads of state about this very issue for the last 10 days.” Hadley retorts: “It doesn’t matter. There’s too much resistance from [Defense Secretary Donald] Rumsfeld and the VP [Dick Cheney]. Those are the instructions.” Powell is furious at the instructions. “What is it they’re afraid of?” he demands. “Who the hell are they afraid of?” Leverett responds, “I don’t know sir.” Powell will later recall, “I had major problems with the White House on what I wanted to say.” [Esquire, 10/18/2007]
Prince Ahmed bin Salman. [Source: Thoroughbred Corp.]Author Gerald Posner, controversial for his books dismissing JFK assassination and other conspiracy theories, will claim that a remarkable interrogation of al-Qaeda prisoner Abu Zubaida begins at this time. Zubaida, arrested three days earlier (see March 28, 2002), is flown to a US Special Forces compound outside of Kandahar, Afghanistan. There, he is tricked into thinking the US has handed him to the Saudis for a more brutal interrogation, but in fact “the Saudis” are still American agents. Zubaida expresses great relief at this and, under the influence of the “truth serum” sodium pentothal, tells his interrogators to call Prince Ahmed bin Salman, a nephew of the Saudi king. He provides telephone numbers from memory and says, “He will tell you what to do.” He proceeds to give more information and phone numbers, claiming ties with higher-ups in both the Saudi and Pakistani governments. He also names:
Pakistani Air Force chief Mushaf Ali Mir, who is said to be closely tied to the fundamentalists in the ISI.
Saudi Intelligence Minister Prince Turki al-Faisal.
Prince Sultan bin Faisal, another nephew of the Saudi King.
Prince Fahd bin Turki, another member of the Saudi royalty.
9/11 'Rosetta Stone?' - According to Posner, Zubaida claims that all of these people were intermediaries he dealt with in the frequent transfer of money to al-Qaeda. The phone numbers and other details he provides are consistent with information already known by US intelligence. Zubaida then lays out many secrets about the 9/11 attacks. One unnamed investigator will later call them “the Rosetta Stone” of 9/11. According to Zubaida, he was present in a meeting in 1996 where the Pakistanis and the Saudis struck a deal with Osama bin Laden (see 1996), promising him protection, arms, and supplies in exchange for not being the targets of future terror attacks. He claims both governments were told the US would be attacked on 9/11, but not given the details of how the attack would work. Within months, all of the people named by Zubaida will die mysteriously except for Prince Turki, who is made an ambassador, giving him diplomatic immunity. [Posner, 2003, pp. 186-94]
Zubaida Sent to Thailand - Shortly after his stint in Afghanistan, Zubaida is sent to a secret detention facility in Thailand, where he is subjected to extensive torture and abuse (see April - June 2002).
Questionable Sourcing - Posner will say he learned of this story from two unnamed US government sources who gave similar, independent accounts. One is from the CIA and the other is a senior Bush administration official “inside the executive branch.” [Salon, 10/18/2003] With the notable exception of a prominent Time magazine article [Time, 8/31/2003] , few news outlets will cover the story [MSNBC, 9/5/2003; Asia Times, 9/17/2003; Salon, 10/18/2003] , and some that cover it only do so in the form of book reviews. [Washington Post, 9/10/2003; New York Times, 10/12/2003; New York Times, 10/29/2003] Some experts will put forth the theory that the story could have been made up by neoconservatives interested in starting a war with Saudi Arabia. It is also possible Zubaida mixed facts with lies, as he will be found to have lied to interrogators on many other occasions. [Salon, 10/18/2003] There will also be speculation that the gist of the story may be true, but that Zubaida’s Saudi and Pakistani contacts may have been pinned on dead men to protect the actual guilty parties. [Asia Times, 9/17/2003; Salon, 10/18/2003]
Later Confirmation from US Government Officials - New York Times reporter James Risen will essentially repeat and confirm Posner’s account in his 2006 book State of War. He will add, “In addition to the incidents described by Posner, a senior former American government official said that the United States has obtained other evidence that suggests connections between al-Qaeda operatives and telephone numbers associated with Saudi officials.” Risen further points out, “There is no evidence that a thorough examination of [Zubaida’s] claims of ties to powerful Saudis was ever conducted.” [Risen, 2006, pp. 187] Also, in 2005, the New York Times will report that Michael Chertoff, who is currently a Justice Department official, advised the CIA about which interrogation techniques they could use on Abu Zubaida and others, and allowed the use of trickery to make the detainee believe “he was being questioned by a member of a security service from another country” (see 2002-2003).
Captured al-Qaeda operative Abu Zubaida (see March 28, 2002), after recovering somewhat from three gunshot wounds inflicted during his capture, is transferred to a secret CIA prison in Thailand, presumably the revamped Vietnam War-era base in Udorn. [Weiner, 2007, pp. 297; Washington Post, 4/22/2009] In late 2006, after being transferred to Guantanamo, Zubaida will tell representatives of the International Committee of the Red Cross the story of his interrogation in Thailand (see October 6 - December 14, 2006). Zubaida becomes what CIA interrogator John Kiriakou will later call “a test case for an evolving new role… in which the agency was to act as jailer and interrogator of terrorism suspects” (see September 17, 2001).
New Tactics To Be Used - Officials from the military’s Survival, Evasion, Resistance, and Escape (SERE) program are involved in Zubaida’s interrogations. SERE officials have prepared a program of so-called “harsh interrogation methods,” many of which are classified as torture under the Geneva Conventions and the Convention Against Torture (see December 2001 and July 2002). A 2009 Senate report (see April 21, 2009) will find: “At some point in the first six months of 2002, JPRA [the Joint Personnel Recovery Agency] assisted with the preparation of a [redacted name], sent to interrogate a high-level al-Qaeda operative.” Further investigation will prove that the person whose name will be redacted is, indeed, Zubaida. According to a June 20, 2002 memo, the SERE officials’ participation in the Zubaida interrogation is “training.” JPRA psychologist Bruce Jessen, one of the authors of the JPRA torture methodology (see January 2002 and After), suggests that “exploitation strategies” be used against Zubaida. Jessen’s collaborator on the torture proposal, James Mitchell, is present for Zubaida’s torture; Mitchell plays a central role in the decision to use what the CIA calls an “increased pressure phase” against Zubaida. [Washington Post, 4/22/2009]
First Weeks Shackled and Sleep-Deprived - Zubaida will begin his narrative after his initial, and successful, interrogation by FBI agents (see Late March through Early June, 2002). He spends the first weeks of his captivity shackled to a chair, denied solid food, and kept awake. In Zubaida’s words: “I woke up, naked, strapped to a bed, in a very white room. The room measured approximately [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by [the] hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket. Water for cleaning myself was provided in a plastic bottle. I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure [a nutrient supplement] and water to drink. At first the Ensure made me vomit, but this became less with time. The cell and room were air-conditioned and were very cold. Very loud, shouting type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise. The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks. During this first two to three week period I was questioned for about one to two hours each day. American interrogators would come to the room and speak to me through the bars of the cell. During the questioning the music was switched off, but was then put back on again afterwards. I could not sleep at all for the first two to three weeks. If I started to fall asleep one of the guards would come and spray water in my face.” In 2009, author Mark Danner will write: “One can translate these procedures into terms of art: ‘Change of Scenery Down.’ ‘Removal of Clothing.’ ‘Use of Stress Positions.’ ‘Dietary Manipulation.’ ‘Environmental Manipulation.’ ‘Sleep Adjustment.’ ‘Isolation.’ ‘Sleep Deprivation.’ ‘Use of Noise to Induce Stress.’ All these terms and many others can be found, for example, in documents associated with the debate about interrogation and ‘counter-resistance’ carried on by Pentagon and Justice Department officials beginning in 2002. Here, however, we find a different standard: the [proposed regulations say], for example, that ‘Sleep Deprivation’ is ‘not to exceed four days in succession,’ that ‘Dietary Manipulation’ should include ‘no intended deprivation of food or water,’ that ‘removal of clothing,” while ‘creating a feeling of helplessness and dependence,’ must be ‘monitored to ensure the environmental conditions are such that this technique does not injure the detainee.’ Here we are in a different place.”
CIA Team Moves In - The first weeks of Zubaida’s captivity are maintained by a small team of FBI agents and interrogators, but soon a team from the CIA’s Counterterrorism Center takes over. As Kiriakou will later recall: “We had these trained interrogators who were sent to his location to use the enhanced techniques as necessary to get him to open up, and to report some threat information.… These enhanced techniques included everything from what was called an attention shake, where you grab the person by their lapels and shake them, all the way up to the other end, which is waterboarding.” After the initial period of captivity, Zubaida is allowed to sleep with less interruption, stretched out naked and shackled on the bare floor. He is also given solid food for the first time in weeks—rice. A female doctor examines him and asks why he is still naked; he is, he will recall, “provided with orange clothes to wear.” The clothes only last a day, though: “[G]uards came into my cell,” Zubaida will recall. “They told me to stand up and raise my arms above my head. They then cut the clothes off of me so that I was again naked and put me back on the chair for several days. I tried to sleep on the chair, but was again kept awake by the guards spraying water in my face.”
Alternating Harsh and Lenient Treatments - For the next few weeks, Zubaida’s treatment veers from abusive to almost lenient. Mostly he is kept naked and confined to his cell, often suffering from intense cold in the frigid air-conditioned environment. One official later tells the ICRC that often he “seemed to turn blue.” Clothing is provided, then taken away. Zubaida will tell ICRC officials: “When my interrogators had the impression that I was cooperating and providing the information they required, the clothes were given back to me. When they felt I was being less cooperative the clothes were again removed and I was again put back on the chair.” For a time he is given a mattress to sleep on; sometimes he is “allowed some tissue paper to use when going to toilet on the bucket.” A month goes by with no interrogations. He will recall: “My cell was still very cold and the loud music no longer played but there was a constant loud hissing or crackling noise, which played 24 hours a day. I tried to block out the noise by putting tissue in my ears.” Then, “about two and half or three months after I arrived in this place, the interrogation began again, but with more intensity than before.” Danner will write that he isn’t sure if the wild swings in procedures are intentional, meant to keep Zubaida off-guard, or, as he will write, “resulted from disputes about strategy among the interrogators, who were relying on a hastily assembled ‘alternative set of procedures’ that had been improvised from various sources, including scientists and psychiatrists within the intelligence community, experts from other, ‘friendly’ governments, and consultants who had worked with the US military and now ‘reverse-engineered’ the resistance training taught to American elite forces to help them withstand interrogation after capture.” Danner notes that some CIA documents going back to the 1960s advocate subjecting the captive to sensory deprivation and disorientation, and instilling feelings of guilt, shame, and helplessness. The old CIA documents say that captives should be kept in a state of “debility-dependence-dread.” [New York Review of Books, 3/15/2009]
Justice Department's 'Ticking Bomb' Scenario - The August 2002 “golden shield” memo from the Justice Department (see August 1, 2002) will use what is often called the “ticking bomg scenario”—the supposition that a terror attack is imminent and only torture can extract time-critical information from a terrorist detainee to give US officials a chance to stop the attack—to justify Zubaida’s torture. According to CIA reports, Zubaida has information regarding “terrorist networks in the United States” and “plans to conduct attacks within the United States or against our interests overseas.” But Brent Mickum, who later becomes one of Zubaida’s attorneys, will say that he believes the Justice Department memo retroactively approved coercive tactics that had already been used. “If torture occurred before the memo was written, it’s not worth the paper it’s written on, and the writing of the memo is potentially criminal,” Mickum will note. [Washington Post, 4/22/2009]
Interrogations Continue in June - Sometime in June, Zubaida will once again be interrogated (see June 2002).
Entity Tags: Mark Danner, John Kiriakou, James Elmer Mitchell, Bruce Jessen, Al-Qaeda, Abu Zubaida, Bush administration (43), Central Intelligence Agency, Convention Against Torture, George Brent Mickum, Geneva Conventions, Federal Bureau of Investigation, Joint Personnel Recovery Agency, International Committee of the Red Cross
Timeline Tags: Torture of US Captives, Complete 911 Timeline
The State Department meets with industry lobbyists who are “unhappy” about the Intergovernmental Panel on Climate Change and its current chairman, Robert T. Watson. The following day, the New York Times reports that the US will not support Waston’s nomination, but instead will back Rajendra K. Pachauri, an Indian economist and engineer who is currently one of the panel’s five vice chairmen. [New York Times, 4/3/2002] The decision to nominate Pachauri is made despite letters from numerous influential climate experts who have written to the department in support of Watson, including one by Dr. Ralph J. Cicerone, an atmospheric scientist who is chancellor of the University of California, Irvine, and chairman of a National Academy of Sciences panel that reviewed the IPCC’s climate analyses for the White House. Cicerone wrote in an e-mail to the State Department that the administration should support Watson, or at least another atmospheric scientist.
Otherwise, “such a change would greatly reduce the emphasis on science in IPCC,” he said. It would be “very, very difficult to find anyone better than Watson.” Industry on the other hand has complained that Watson’s views are biased and that he uses his position to advance his personal anti -coal and -oil agenda. [New York Times, 4/2/2002] In February, an ExxonMobil lobbyist had written to the White House suggesting that Watson not be reelected as chairman (see February 6, 2001).
Myers making his comments at a press conference. [Source: Banded Artists Productions]Joint Chiefs of Staff Chairman Richard Myers states, “The goal has never been to get bin Laden.” He adds, “Obviously, that’s desirable,” but then he hints it won’t be desirable to do so soon, saying, “I just read a piece by some analysts that said you may not want to go after the top people in these organizations. You may have more effect by going after the middlemen, because they’re harder to replace. I don’t know if that’s true, or not, and clearly we would like to eventually get bin Laden.” [Evans, Novak, Hunt & Shields, 4/6/2002] In early 2005, the recently retired Executive Director of the CIA will explicitly state that it is better to let bin Laden remain free (see January 9, 2005).
Talat Othman. [Source: Hanania]In the wake of the Operation Greenquest raid on the SAAR network (see March 20, 2002), disgruntled Muslim-American leaders meet with Treasury Secretary Paul O’Neill to complain about the raid. At the time, the Treasury Department had control over the Customs Department, which ran Greenquest. The meeting is arranged by prominent Republican activist Grover Norquist. About a dozen leaders are asked to attend the meeting. O’Neill pledges to look into concerns the leaders have about the raid. [Wall Street Journal, 4/18/2002; Harper's, 3/2004] Those who meet with O’Neill include:
Khaled Saffuri. He is head of the Islamic Institute, a group he co-founded with Norquist to organize conservative Muslims (see 1998-September 2001). The institute accepted $20,000 in donations from the Safa Trust, which was targeted in the raid. The Safa Trust in turn has been funded by Youssef Nada, who had his assets frozen shortly after 9/11 on suspicion on funding al-Qaeda (see November 7, 2001). The institute also received donations from Abdurahman Alamoudi, another target of the raid who will later receive a long prison term (see October 15, 2004). [Wall Street Journal, 4/18/2002; Harper's, 3/2004]
Talat Othman. The Wall Street Journal calls him “a longtime associate and supporter of President Bush’s family who gave a benediction at the Republican National Convention in Philadelphia in August 2000.” He serves on the board of Amana Mutual Funds Trust, an investment firm founded by Yaqub Mirza, the director of most of the organizations targeted in the raid. Amana was not a target of the raid, but two other organization that were raided held large blocks of shares in Amana’s mutual funds. Othman claims to know Mirza only slightly. Othman is also on the board of Saffuri’s Islamic Institute. Further, Othman served on the board of Harken Energy in the late 1980s and early 1990s, at the same time that President Bush did. At the time, Othman represented Saudi businessman Abdullah Bakhsh on Harken Energy’s board, and the investments through Bakhsh were considered essential in saving Harken from bankruptcy. Bakhsh has indirect connections to the notorious criminal bank BCCI (see July 5, 1991), and in 1996 reputedly attended a secret meeting with al-Qaeda representatives, where the attendees agreed to pay al-Qaeda many millions of dollars of protection money (see May 1996). [Wall Street Journal, 12/6/1991; Wall Street Journal, 4/18/2002] Bakhsh will head a subsidiary of Halliburton, the oil services company formerly run by Vice President Cheney. Othman reportedly remains a friend of Bush. [Harper's, 3/2004] Harper’s magazine will note that “large sums of money from the suspect groups have moved through Amana, [yet] Greenquest agents chose not to raid the firm,” and will hint that political influence from Othman and others may have saved Amana from being raided. [Harper's, 3/2004]
President George Bush says in an interview on Britain’s ITV television network, “I made up my mind that Saddam [Hussein] needs to go. That’s about all I’m willing to share with you.” [US President, 4/15/2002, pp. 573]
Dr. David Franz, a former commander of USAMRIID, the US Army’s top biological laboratory, says of the 2001 anthrax attacks: “I think a lot of good has come from it. From a biological or a medical standpoint, we’ve now five people who have died, but we’ve put about $6 billion in our budget into defending against bioterrorism.” Plentiful evidence suggests that the anthrax came from USAMRIID, but investigators say they have no suspects at all. They also say they have come up “against some closely held military secrets” which are slowing down the investigation. “Federal investigators tell ABC News that military and intelligence agencies have withheld a full listing of all facilities and all employees dealing with top-secret anthrax programs where important leads could be found.” [ABC News, 4/4/2002]
The CIA files a Senior Executive Security Briefs stating: “[D]issident military factions, including some disgruntled senior officers and a group of radical junior officers, are stepping up efforts to organize a coup against President Chavez, possibly as early as this month…. To provoke military action, the plotters may try to exploit unrest stemming from opposition demonstrations slated for later this month or ongoing strikes at the state-owned oil company PSVSa.” The brief also notes, “The level of detail in the reported plans [censored] targets Chavez and 10 other senior officials for arrest—lends credence to the information, but military and civilian contacts note that neither group appears ready to lead a successful coup and may bungle the attempt by moving too quickly.” But is also says that “repeated warnings that the US will not support any extraconstitutional moves to oust Chavez probably have given pause to the plotters.” [Central Intelligence Agency, 4/6/2002; Newsday, 11/24/2004; Associated Press, 12/3/2004] Senior Executive Security Briefs are one level below the highest-level Presidential Daily Briefs and are distributed to roughly 200 top-level US officials. [Newsday, 11/24/2004]
US District Judge Richard W. Roberts extends, by five days, a temporary restraining order (see January 11, 2002) against the EPA, prohibiting the agency from implementing plans (see Morning November 27, 2001) to transfer the function of the EPA’s national ombudsman to the Office of Inspector General (OIG). [Associated Press, 4/8/2002]
British Prime Minister Tony Blair, on a visit to Bush’s ranch in Crawford, Texas [Independent, 2/27/2005] , tells the president that Britain intends to “support military action to bring about regime change.” [Guardian, 5/2/2005; Daily Telegraph, 5/4/2005] But Blair also says that certain conditions will have to be met. He says that efforts will have to be made to “construct a coalition,”
“shape public opinion,” and demonstrate that all options to “eliminate Iraq’s WMD through the UN weapons inspectors” have been exhausted. Additionally, the Israeli-Palestinian crisis should be quiescent, he says. [Los Angeles Times, 5/12/2005] At a joint press conference with Bush on the first day of their summit at Crawford, Blair is asked by a reporter if Bush has convinced him “on the need for military action against Iraq” and whether or not regime change “is now the policy of the British government.” Blair does not respond with a direct answer to either of the questions. [United Kingdom, 4/6/2002; US President, 4/15/2002] Also during the summit, the two leaders establish the US-UK Energy Dialogue to “enhance coordination and cooperation on energy issues” (see July 30, 2003) They agree to create a joint working group that will devise a plan to overcome obstacles to “free access” to Gulf oil. The first item on the task list is “a targeted study to examine the capital and investment needs of key Gulf countries….” [Muttitt, 2005]
The envelope to the Patrick Leahy letter. [Source: FBI]Newsweek reports that “government sources” say a “secret new analysis shows anthrax found in a letter addressed to Senate Judiciary Committee chairman Patrick Leahy was ground [or milled] to a microscopic fineness not achieved by US biological-weapons experts.” The letters to Leahy and Sen. Tom Daschle are believed to have contained a more sophisticated form of anthrax than those in the other letters. Newsweek says these two letter were “coated with a chemical compound unknown to experts who have worked in the field for years; the coating matches no known anthrax samples ever recovered from biological-weapons producers anywhere in the world, including Iraq and the former Soviet Union.” [Newsweek, 4/7/2002] The belief that these two anthrax letters used a very sophisticated form of anthrax is widespread by this time (see October 25-29, 2001). However, from 2006 onwards, the FBI will assert there was no coating or milling on any of the anthrax letters at all (see August 2006).
The CIA states in its daily Senior Executive Intelligence Brief, “Disgruntled officers are planning a coup, although the military and the opposition as a whole appear to prefer that Chavez be removed by constitutional means.” The document adds, “An attempted coup would risk considerable violence and a severe crackdown by Chavez on any domestic opposition.” [Central Intelligence Agency, 4/8/2002]
Justice Department lawyer Patrick Philbin sends a classified memo to Daniel Bryant, a lawyer with the Justice Department’s Office of Legal Counsel, concerning the “Swift Justice Authorization Act.” The memo states that Congress has no power to interfere with President Bush’s authority to act as commander in chief to control US actions during wartime, including Bush’s authority to promulgate military commissions to try and sentence suspected terrorists and other detainees taken by the US as part of its “war on terror.” Philbin’s colleague, OLC lawyer John Yoo, will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice, 4/8/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ] The memo will be made public in early 2009 (see March 2, 2009).
At a luncheon for Republicans in Connecticut, President Bush boasts of the recent capture of alleged al-Qaeda operative Abu Zubaida (see March 28, 2002). Bush says: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives plotting and planning death and destruction on the United States. He’s not plotting and planning anymore. He’s where he belongs.” [White House, 4/9/2002] Bush is presumably aware that Zubaida is being tortured in Thailand (see Late March 2002 and April - June 2002).
The POW-style treatment of detainees at Guantanamo by MP commander Gen. Rick Baccus (see March 28, 2002) does not resonate well with Pentagon and White House policymakers. [Newsweek, 5/24/2004] Pentagon officials complain that Baccus is “too nice” to the prisoners and makes it difficult for interrogators to extract information from them. Maj. Gen. Michael E. Dunlavey, head of the interrogators’ unit JTF-170, is reportedly irritated by Baccus’ decision allowing the International Committee of the Red Cross (ICRC) to put up posters informing detainees they need only provide interrogators with their name, rank, and number. [Guardian, 10/16/2002] Irritation with Baccus’s attitude towards detains will culminate in his dismissal (see October 9, 2002) on October 9.
The capture of al-Qaeda leader Abu Zubaida (see March 28, 2002) is leaked to the press shortly after it occurs and on April 9, 2002, President Bush says in a speech: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives planning death and destruction on the United States. He’s not plotting and planning anymore.” In the weeks and months that follow, Bush and others in his administration will repeatedly tout the importance of capturing Zubaida. He is frequently described as “chief of operations” for all of al-Qaeda and the group’s number three leader. Zubaida is the only significant al-Qaeda capture in the first year after 9/11, so there is pressure to hype his importance. However, at the time there is a raging debate among US intelligence analysts as to Zubaida’s actual importance and even his mental sanity (see Shortly After March 28, 2002). According to journalist Ron Suskind, one day, when CIA Director George Tenet reminds Bush that Zubaida was not such a top leader after all, Bush reportedly says to him: “I said he was important. You’re not going to let me lose face on this, are you?” Tenet replies, “No sir, Mr. President.” Suskind will later comment: “In the wide, diffuse ‘war on terror,’ so much of it occurring in the shadows—with no transparency and only perfunctory oversight—the administration could say anything it wanted to say.… The administration could create whatever reality was convenient.” [Suskind, 2006, pp. 99-100] But in 2006, the Office of the Director of National Intelligence (DNI) will issue a report containing the biographies of al-Qaeda detainees held at Guantanamo. In marked contrast to previous announcements, this biography downgrades the importance of Zubaida. It merely calls him a “leading extremist facilitator” and “one of al-Qaeda’s senior travel facilitators,” and says he is “not believed to be directly linked to the attacks on 11 September 2001.” [Office of the Director of National Intelligence, 9/6/2006 ; Time, 9/6/2006; Dickey, 2009, pp. 77] In 2006, Bush will make new claims about Zubaida’s capture that are at odds with the known facts (see September 6, 2006).
Binyam Mohamed, a young British Muslim detained by Pakistani authorities while attempting to fly to London (see September 2001 - April 9, 2002), remains in Pakistani custody for two weeks before he is interrogated by an American FBI agent calling himself “Chuck.”
Denied Lawyer - Mohamed asks for a lawyer and Chuck replies, according to Mohamed: “The law’s changed. There are no lawyers. Either you’re going to answer me the easy way or I get the information I need another way.” Like other American intelligence and law enforcement agents, Chuck wants information about possible radioactive bombs or weapons in the hands of Islamist militants. “Every interrogator would ask questions about it,” a former CIA officer will later say.
Spoof Website - Mohamed unwittingly sets off alarms when he mentions having seen a spoof website with instructions on how to build a nuclear device—the instructions say that one can refine bomb-grade uranium by whirling a bucket around one’s head. In 2009, Mohamed will recall: “I mentioned the website to Chuck. It was obviously a joke: it never crossed my mind that anyone would take it seriously. But that’s when he started getting all excited.” Chuck begins accusing Mohamed of being in league with Osama bin Laden to construct a nuclear weapon: “Towards the end of April he began telling me about this A-bomb I was supposed to be building, and he started on about Osama bin Laden and his top lieutenants, showing me pictures and making out I must have known them.”
Harsh Methods - “He started asking me about operations and what type I had been trained for,” Mohamed will add. It is during this time that Mohamed is subjected to harsh, abusive interrogation methods: “For at least 10 days I was deprived of sleep. Sometimes the Pakistanis chained me from the top of the gate to the cell by my wrists from the end of one interrogation to the start of the next for about 22 hours. If I shouted, sometimes I would be allowed to use a toilet. Other times, they wouldn’t let me go and I would p_ss myself. They had a thick wooden stick, like a kind of paddle, which they used to beat me while I was chained. They’d beat me for a few minutes, then stop, then start again. They also carried out a mock execution. A guard put a gun to my head and said he was going to pull the trigger. They were saying, ‘This is what the Americans want us to do.’” [Daily Mail, 3/8/2009]
After six months of negotiations, Merck and the FDA finally agree on the text for a warning about Vioxx’s cardiovascular side effects that will be added to the drug’s label. The FDA had wanted to include a clear message that Vioxx increases the risk of heart problems since the current version of the label includes no information about such risks. An excerpt from the FDA’s originally proposed text reads: “VIOXX should be used with caution in patients at risk of developing cardiovascular thrombotic events… . The risk of developing myocardial infarction in the VIGOR study was five-fold higher in patients treated with VIOXX 50 mg (0.5 percent) as compared to patients treated with naproxen (0.1 percent).…” The FDA also wanted to include a graph showing that the risk of heart problems increases with continued exposure to the drug. Merck objected to the FDA’s proposals. It insisted that a description of the cardiovascular risks be included in the “Precaution” section of the label, instead of the more severe “Warning” section, as proposed by the FDA. The company also wanted to include results from several disparate clinical studies that had been conducted prior to the drug’s release. These are the same tests that are cited in the “Cardiovascular Card” that Merck sales people show to doctors (see April 28, 2000). But the FDA objected, telling the company that the studies were “trials of different design, size, and duration, using different doses of VIOXX and different comparators” and therefore did not provide useful data for determining the drug’s cardiovascular risk. The FDA eventually concedes to several of Merck’s requests. The final text of the warning is included in the “Precaution” section of the label, as Merck wanted, and does not include the graph that had been requested by the FDA. The text of the cautionary statement is also watered down. The section summarizing the results of the VIGOR study (see March 2000) and two other studies states: “The significance of the cardiovascular findings from these 3 studies (VIGOR and 2 placebo-controlled studies) is unknown.” [Merck, 2001; US Food and Drug Administration, 1/30/2002 ; US Food and Drug Administration, 2005; Office of Representative Henry A. Waxman, 5/5/2005, pp. 16-19 ]
Venezuelan President Hugo Chavez is overthrown in a military coup. However, the coup collapses after two days, and Chavez returns to power. [BBC, 4/14/2002] Otto J. Reich, the US’s assistant secretary for Western Hemisphere Affairs, is in contact with Chavez’s successor on the very day he takes over. The Bush administration claims Reich was pleading with him not to dissolve the National Assembly. [New York Times, 4/17/2002]
[Source: House of Representatives]US Representative Cynthia McKinney (D-GA) calls for a thorough investigation into whether President Bush and other government officials may have been warned of the 9/11 attacks but did nothing to prevent them. She is the first national-level politician to do so. She states: “News reports from Der Spiegel to the London Observer, from the Los Angeles Times to MSNBC to CNN, indicate that many different warnings were received by the administration.… I am not aware of any evidence showing that President Bush or members of his administration have personally profited from the attacks of 9/11.… On the other hand, what is undeniable is that corporations close to the administration have directly benefited from the increased defense spending arising from the aftermath of September 11. The Carlyle Group, Dyn-Corp, and Halliburton certainly stand out as companies close to this administration.” [Atlanta Journal-Constitution, 4/12/2002] McKinney’s comments are criticized and ridiculed by other politicians and the media. For instance, Representative Mark Foley (R-FL) states, “She has said some outrageous things but this has gone too far.… Maybe there should be an investigation as she suggests—but one focused on her.” Senator Zell Miller (D-GA) says her comments were dangerous and irresponsible. [Washington Post, 4/12/2002] An editorial in her home state calls her the “most prominent nut” promoting 9/11 “conspiracy theories.” [Atlanta Journal-Constitution, 4/15/2002] One columnist says she is possibly “a delusional paranoiac” or “a socialist rabble-rouser who despises her own country.” [Orlando Sentinel, 4/21/2002] White House Press Secretary Ari Fleischer says McKinney “must be running for the hall of fame of the Grassy Knoll Society.” [Washington Post, 4/12/2002] One month after McKinney’s comments, the Bush administration comes under fire after reports reveal it had been warned five weeks before 9/11 about possible al-Qaeda plane hijackings, and McKinney claims vindication. She will lose reelection later in the year, but win her seat back in 2004. [Office of Congresswoman Cynthia McKinney, 5/16/2002]
George A. Folsom, president of the International Republican Institute, applauds the ouster of Venezuelan President Hugo Chavez. “The Venezuelan people rose up to defend democracy in their country,” he says in a statement. “Venezuelans were provoked into action as a result of systematic repression by the government of Hugo Chavez.” [New York Times, 4/25/2002]
US District Judge Richard W. Roberts vacates a temporary restraining order (see January 11, 2002) against the EPA, which had prevented the agency from transferring the function of the EPA’s national ombudsman to the Office of Inspector General (OIG) (see Morning November 27, 2001). The case is referred to the United States Office of Special Counsel. Within hours, EPA Administrator Christie Todd Whitman and the EPA Office of Inspector General move to implement the planned changes (see Morning November 27, 2001) to the EPA National Ombudsman office. [US Congress, 6/25/2002]
These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known. [Source: ABC News]Omar Ghramesh had been captured in a house in Faisalabad, Pakistan, at the same time as al-Qaeda leader Abu Zubaida (see March 28, 2002). He is temporarily held in Pakistan and while there he is shown pictures of Zubaida looking battered and bruised. He is told, “If you don’t talk, this is what will happen to you.” It is not clear if he is in US or Pakistani custody at this time, as the arrest of Zubaida and his associates was a joint US-Pakistani operation. But Ghramesh does not talk, and on May 14, 2002, he and two others will be renditioned to a torture center in Syria called the Palestine Branch. There, Ghramesh will meet Abdullah Almalki, a dual Syrian and Canadian citizen who has also been renditioned to Syria to be tortured, and he will tell Almalki the account of being shown the pictures of Zubaida. [Grey, 2007, pp. 4, 54, 284] Almalki will later be found innocent of all terrorist ties and let go. [Grey, 2007, pp. 4, 54, 284] Then, in 2006, he will tell the account of the Zubaida photos to journalist Stephen Grey. There is no sign Ghramesh has been freed. [Grey, 2007, pp. 4, 54, 284] In late 2007, it will be reported that all videotapes of Zubaida’s interrogation were destroyed (see November 2005), but Ghramesh’s account suggests there may be surviving photos.
Portions of videotapes of CIA detainee interrogations are transmitted from the foreign countries where the detainees are being held back to CIA headquarters in the US, where they are reviewed by “a small number of officials.” One of the reasons the tapes are made is so that headquarters can check on the methods being used by the interrogators (see Spring-Late 2002 and Mid-May 2002 and After). These methods are said to include waterboarding and other questionable techniques (see Mid-March 2002). It is unclear what happens to these transmitted recordings when many of the videotapes of the interrogations are destroyed (see November 2005). However, in late 2007 an anonymous counterterrorism official will say there is “no reason” to believe the transmitted recordings still exist. [Newsweek, 12/11/2007] A 2003 book by Gerald Posner will also indicate that a team of CIA officials watch the interrogation of al-Qaeda leader Abu Zubaida live on video from an adjacent room. Interrogators in the room wear earpieces so they can immediately act on suggestions from the team. [Posner, 2003, pp. 188-190]
Around mid-April 2002, the CIA begins using aggressive interrogation techniques on al-Qaeda leader Abu Zubaida. A new CIA team led by psychologist James Elmer Mitchell arrives and takes control of Zubaida’s interrogation from the FBI (see Mid-April 2002). This team soon begins using techniques commonly described as torture, such as waterboarding (see April - June 2002, May 2002-2003 and Mid-May 2002 and After). Journalist James Risen will write in a 2006 book: “The assertions that the CIA’s tactics stopped short of torture were undercut by the fact that the FBI decided that the tactics were so severe that the bureau wanted no part of them, and FBI agents were ordered to stay away from the CIA-run interrogations. FBI agents did briefly see Abu Zubaida in custody, and at least one agent came away convinced that Zubaida was being tortured, according to an FBI source.” [Risen, 2006, pp. 32] Newsweek will similarly report in 2007 that Zubaida’s interrogation “sparked an internal battle within the US intelligence community after FBI agents angrily protested the aggressive methods that were used. In addition to waterboarding, Zubaida was subjected to sleep deprivation and bombarded with blaring rock music by the Red Hot Chili Peppers. One agent was so offended he threatened to arrest the CIA interrogators, according to two former government officials directly familiar with the dispute.” [Newsweek, 12/12/2007] The FBI completely withdraws its personnel, wanting to avoid legal entanglements with the dubious methods. The CIA then is able to use even more aggressive methods on Zubaida (see Mid-May 2002 and After). [New York Times, 9/10/2006] The CIA torture of Zubaida produces a raft of almost useless information (see Mid-April 2002 and June 2002). Zubaida, already mentally unstable (see Shortly After March 28, 2002), says yes to every question asked of him: if al-Qaeda is planning on bombing shopping malls, banks, supermarkets, nuclear plants, apartment buildings, and water systems. After each “confession,” the CIA cables Washington with the “intelligence,” and much of it is given to President Bush. White House officials will use Zubaida’s dubious admissions to issue many groundless terror warnings and alerts. [Savage, 2007, pp. 220]
Joel Kupferman of the New York Environmental Law and Justice Project collects dust samples at 150 Franklin Street at the request of one of the building’s tenants. He sends three samples to a lab which tests the dust for asbestos using transmission electron microscopy (TEM). The lab finds asbestos levels of 1.2, 1.4 and 1.8 percent. In September (see Shortly after September 17, 2001), the tenants had cleaned the building according to instructions provided by the city’s health department (see September 17, 2001). The building’s tenants—among them a family-run child care center—had relied on assurances from EPA and city officials that the downtown air was safe and consequently did not have the building professionally tested. After Kupferman notifies the city about these alarming results, the city tests the building using polarized light microscopy (PLM) on April 18 and does not find elevated asbestos levels. The city’s samples are retested by the EPA using transmission electron microscopy (TEM), and found to have an asbestos level ranging from 2 percent to 5 percent. “We recommended that [the building] be professionally cleaned,” EPA spokesperson Mary Mears later says. [New York Daily News, 5/2/2002; Wall Street Journal, 5/9/2002 ; Salon, 8/15/2003]
Not long after being captured, al-Qaeda leader Abu Zubaida identifies Jose Padilla as an al-Qaeda operative to his FBI interrogators (see Late March through Early June, 2002). Padilla is a US citizen, and US intelligence has been monitoring him and some of his associates in Florida for nearly a decade already (see (October 1993-November 2001)). However, the New York Times will allege in 2006: “But Mr. Zubaida dismissed Mr. Padilla as a maladroit extremist whose hope to construct a dirty bomb, using conventional explosives to disperse radioactive materials, was far-fetched. He told his questioners that Mr. Padilla was ignorant on the subject of nuclear physics and believed he could separate plutonium from nuclear material by rapidly swinging over his head a bucket filled with fissionable material” (see Early 2002). [New York Times, 9/10/2006] The US arrests Padilla a short time later, when he returns to the US from an overseas trip on May 8 (see May 8, 2002). One month later, Attorney General John Ashcroft will reveal Padilla’s arrest in a widely publicized announcement, and will further allege that Padilla was actively plotting to detonate a radioactive “dirty bomb” inside the US (see June 10, 2002). However, it appears Zubaida may have been correct that Padilla was wildly overhyped. The US will later drop charges that Padilla was making a “dirty bomb,” planning any attack in the US, and was a member of al-Qaeda. [Knight Ridder, 11/23/2005] Journalist Ron Suskind will comment in 2006, “Padilla turned out to not be nearly as valuable as advertised at the start, though, and I think that’s been shown in the ensuing years.” [Salon, 9/7/2006]
Venezuelan President Hugo Chavez alleges that “a plane with US registration numbers was at an army airstrip on Venezuela’s Orchila Island, one of five places he was held in captivity during his brief removal from power,” reports the BBC. [BBC, 4/16/2002]
The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington. [Source: Brian Plonka / Spokesman-Review]The FBI has been interrogating captured al-Qaeda leader Abu Zubaida at a secret CIA prison in Thailand and learning valuable intelligence information (see Late March through Early June, 2002). However, the prison is controlled by the CIA and the FBI is only in control until a team of CIA interrogators arrives, which apparently happens around mid-April 2002. The FBI has been using humane rapport-building techniques, but the new CIA team immediately abandons this approach. The team is lead by psychologist James Mitchell, who runs a consulting business in Washington State with psychologist Bruce Jessen (see January 2002 and After). Both worked in SERE (Survival, Evasion, Resistance, Escape), a classified US military training program which trains soldiers to endure being tortured by the enemy. Mitchell and Jessen reverse-engineered the techniques inflicted in the SERE training so they could be used on Zubaida and other detainees. [Vanity Fair, 7/17/2007] SERE trainees are subjected to “waterboarding (simulated drowning), sleep deprivation, isolation, exposure to temperature extremes, enclosure in tiny spaces, bombardment with agonizing sounds, and religious and sexual humiliation.” One European official knowledgeable about the SERE program will say of Mitchell and Jessen: “They were very arrogant, and pro-torture.… They sought to render the detainees vulnerable—to break down all of their senses.” The use of these psychologists also helps to put a veneer of scientific respectability over the torture techniques favored by top officials. One former US intelligence community adviser will later say: “Clearly, some senior people felt they needed a theory to justify what they were doing. You can’t just say, ‘We want to do what Egypt’s doing.’ When the lawyers asked what their basis was, they could say, ‘We have PhD’s who have these theories.’” [New Yorker, 8/6/2007] But Mitchell and Jessen have no experience in conducting interrogations and have no proof that their techniques are effective. In fact, the SERE techniques are based on Communist interrogation techniques from the Korean War, designed not to get valuable intelligence but to generate propaganda by getting US prisoners to make statements denouncing the US (see December 2001). Air Force Reserve colonel Steve Kleinman, an expert in human intelligence operations, will later say he finds it astonishing the CIA “chose two clinical psychologists who had no intelligence background whatsoever, who had never conducted an interrogation… to do something that had never been proven in the real world.” FBI official Michael Rolince calls their techniques “voodoo science.” In 2006, a report by the best-known interrogation experts in the US will conclude that there is no evidence that reverse-engineered SERE tactics are effective in obtaining useful intelligence. But nonetheless, from this time forward Zubaida’s interrogations will be based on these techniques. [Vanity Fair, 7/17/2007]
Pentagon psychologist Bruce Jessen, who serves as the Joint Personnel Recovery Agency (JPRA)‘s senior psychologist for its SERE (Survival, Evasion, Resistance, and Escape) training program, releases an internal draft report for reverse-engineering SERE training techniques to be used against enemy detainees. SERE training teaches soldiers to resist torture inflicted on them by enemy captors. Jessen’s report, a follow-up to a previous report authored by him and fellow military psychologist James Mitchell (see January 2002 and After), calls for the creation of a secret “exploitation facility” that would be off-limits to oversight bodies such as the International Committee of the Red Cross, and would be kept clear of reporters. Jessen’s plan also describes the fundamentals of an “enhanced interrogation” methodology. According to a 2009 press report, it advocated techniques “strikingly similar to those that later surfaced at Abu Ghraib and elsewhere: nudity, stress positions, hoods, treatment like animals, sleep disruption, loud music and flashing lights, and exposure to extreme temperatures.” The techniques also include waterboarding, used 266 times against two high-value al-Qaeda detainees (see April 16, 2009 and April 18, 2009). The report notes: “Typically, those who play the part of interrogators in SERE school neither are trained interrogators nor are they qualified to be. Their job is to train our personnel to resist providing reliable information to our enemies.” However, senior JPRA and Pentagon officials will ignore Jessen’s caveats and authorize the application of SERE methods to the interrogations of al-Qaeda detainees (see April - June 2002). Three months later, JPRA will begin training CIA agents in SERE-derived techniques (see July 2002), including a two-day session on waterboarding (see July 1-2, 2002). Shortly after the training sessions, Pentagon general counsel William Haynes will ask JPRA for more information on SERE techniques. Haynes’s deputy, Richard Shiffrin, will later confirm “that a purpose of the request was to ‘reverse engineer’ the techniques.” [Agence France-Presse, 4/22/2009] In 2009, the press learns that Mitchell and Jessen are paid $1,000 a day to train military interrogators (see April 30, 2009).
President Bush explicitly likens US reconstruction efforts in Afghanistan to the successful Marshall Plan that helped rebuild Europe after World War II. At the Virginia Military Institute, where Gen. George Marshall trained a century ago, Bush calls the Marshall Plan “a beacon to light the path that we, too, must follow.” He says that Afghans have felt abandoned before, including by the US at the end of the Afghan war against the Soviets in the 1980s, and says, “We’re not going to repeat that mistake. We’re tough, we’re determined, we’re relentless. We will stay until the mission is done.” He vows to avoid the syndrome of “initial success, followed by long years of floundering and ultimate failure.” The New York Times will later note that that speech is little-noticed in the US but fuels expectations in Afghanistan and bolsters the stature of Hamid Karzai shortly before he is formally chosen to lead the Afghan government. But Bush’s promise will fail to materialize. In the months following the speech, the Bush administration fails to make any detailed reconstruction plan. For the next few years, Afghanistan will end up getting less assistance per capita than post-conflict Bosnia and Kosovo, or even poverty-stricken Haiti. [New York Times, 8/12/2007]
An unnamed US senior administration official says, “The United States did not know that there was going to be an attempt of this kind to overthrow—or to get [Venezuelan President Hugo] Chavez out of power.” [Newsday, 11/24/2004]
R. Scott Shumate. [Source: American Psychological Association]Held in a secret CIA prison in Thailand, al-Qaeda leader Abu Zubaida is interrogated by a new team of CIA interrogators led by James Elmer Mitchell and Dr. R. Scott Shumate. Mitchell is a psychologist contracted to the CIA, while Shumate is the chief operational psychologist for the CIA’s Counterterrorist Center. Mitchell wants to use torture techniques based on reverse-engineering SERE (Survival, Evasion, Resistance, Escape), a class he has taught that trains US soldiers to resist torture by the enemy. But the techniques have never been tried before and studies will later determine they are not effective in obtaining good intelligence (see Mid-April 2002). Zubaida is resistant to Mitchell’s new aggressive techniques and refuses to talk. Mitchell concludes Zubaida will only talk when he has been rendered completely helpless and dependent, so the CIA begins building a coffin to bury Zubaida alive in but not actually kill him. This creates an intense controversy over the legality of such a technique, and ultimately it appears the burying alive is never carried out. Both domestic and international law clearly prohibits death threats and simulated killings. However, a number of aggressive techniques have just been approved at the highest political level (see Mid-March 2002), so opponents to these techniques are mostly powerless. Shumate is so strongly opposed to these techniques that he leaves in disgust. He will later tell his associates that it was a mistake for the CIA to hire Mitchell. But with Shumate gone, Mitchell is now free to use more extreme methods, and the torture of Zubaida begins in earnest around the middle of May. [Vanity Fair, 7/17/2007] Around this time, the FBI also washes its hands of the controversial techniques and withdraws its personnel from the secret prison (see Mid-April-May 2002).
The Washington Post reports, “The Bush administration has concluded that Osama bin Laden was present during the battle for Tora Bora late last year and that failure to commit US ground troops to hunt him was its gravest error in the war against al-Qaeda,” allowing bin Laden to escape. The newspaper claims that while the administration has failed to acknowledge the mistake publicly, “inside the government there is little controversy on the subject.” [Washington Post, 4/17/2002] The next day, Defense Secretary Rumsfeld denies this, and states he did not know at the time of the assault, “nor do I know today of any evidence that he was in Tora Bora at the time or that he left Tora Bora at the time or even where he is today.” [USA Today, 4/18/2002] Apparently, Rumsfeld soon forces the removal of Cofer Black from his position of head of the CIA’s counterterrorism division, because Rumsfeld thinks Black leaked information for this damning Washington Post article (see May 17, 2002).
The FBI allows relatives of passengers on Flight 93 to listen to the 31-minutes of tape from the plane’s cockpit voice recorder and see a written transcript of the recording. About 70 relatives do so. They are allowed to take notes, but not to make recordings because the tape might be used in the trial of Zacarias Moussaoui. [CNN, 4/19/2002; Guardian, 4/19/2002; Pittsburgh Post-Gazette, 4/21/2002] The San Francisco Chronicle responds: “Is there even a dollop of logic in that explanation? It’s like saying we can’t watch video of the planes crashing into the World Trade Center because that video might be used in a trial.” [San Francisco Chronicle, 6/3/2002] Much of the tape is reportedly unintelligible. According to the Pittsburgh Post-Gazette, “the voices were muddled and the ambient noise of the wind rushing by the speeding plane often made it impossible to distinguish individuals, even when they were yelling.” [Daily Telegraph, 4/20/2002; Pittsburgh Post-Gazette, 4/21/2002] New York Times reporter Jere Longman writes the book Among The Heroes based in part on interviews with relatives who hear the cockpit voice recording, along with several government officials and investigators. The recording reveals new details of the passengers’ struggle on board Flight 93, but the government still has not officially stated if it believes they took over the plane or not. [Washington Post, 4/19/2002; MSNBC, 7/30/2002; Daily Telegraph, 7/31/2002]
US President Bush warns Venezuelan President Hugo Chavez to draw a lesson from the unrest that his country has just experienced and insists that he commit himself to democracy. “If there’s lessons to be learned, it’s important that he learn them,” Bush says in a meeting with Colombian President Andres Pastrana. [BBC, 4/18/2002]
FBI Director Mueller states: “In our investigation, we have not uncovered a single piece of paper either here in the United States or in the treasure trove of information that has turned up in Afghanistan and elsewhere that mentioned any aspect of the September 11 plot.” He also claims that the attackers used “extraordinary secrecy” and “investigators have found no computers, laptops, hard drives or other storage media that may have been used by the hijackers, who hid their communications by using hundreds of pay phones and cell phones, coupled with hard-to-trace prepaid calling cards.” [Federal Bureau of Investigation, 4/19/2002; Los Angeles Times, 4/22/2002] However, before 9/11, CIA Director Tenet told the Senate that al-Qaeda is “embracing the opportunities offered by recent leaps in information technology” [US Congress, 3/21/2000] ; the FBI broke the al-Qaeda computer encryption before February 2001 [United Press International, 2/13/2001] ; witnesses report seeing the hijackers use computers for e-mail at public libraries in Florida and Maine [South Florida Sun-Sentinel, 9/16/2001; Boston Herald, 10/5/2001] ; in October 2001 there were many reports that hundreds of e-mails discussing the 9/11 plot had been found (see October 2001); Moussaoui’s laptop was found to contain important information (see (Late July-Early August, 2002)), and so on.
The EPA Office of Inspector General (OIG) changes the locks to the office of National Ombudsman Robert Martin while he is away on official travel and sick leave. The contents of the office—computers, phones, and the files of pending cases—are removed. [US Congress, 6/25/2002]
Indian engineer and economist Rajendra K. Pachauri is elected with US backing as chairman of the Intergovernmental Panel on Climate Change. [New York Times, 4/20/2002] US energy industry lobbyists had pressured Washington to block the reelection of Robert T. Watson, whose views about global warming had irked American energy companies (see February 6, 2001 and April 2, 2002).
An official investigation by the Venezuelan government reveals that two high-ranking
US officers joined the Venezuelan military commanders who backed the coup
at Fort Tiuna, the largest military base in Caracas, where President Hugo
Chavez was forcibly taken after being captured by soldiers supporting the
overthrow of his government. [Agence France-Presse, 4/20/2002; Guardian, 5/13/2002]
On Earth Day, Robert Martin resigns from his position as the EPA national ombudsman in protest of the EPA’s decision to curb his autonomy by placing his office under the jurisdiction of the EPA Office of Inspector General (OIG). Martin believes EPA administrator Christie Todd Whitman’s decision to relocate jurisdiction of the office was caused by Martin’s criticisms (and those of his chief investigator, Hugh Kaufman) of her potential conflicts of interest in respect to a Denver Superfund Site, the Marjol Battery site in Throop, PA, and his criticism of the EPA’s response to environmental consequences following the World Trade Center attack in Lower Manhattan. In his letter of resignation, Martin accuses the EPA of concealing data regarding WTC toxic substances from residents, workers, and students in Lower Manhattan. [Seattle Post-Intelligencer, 4/23/2002; US Congress, 6/25/2002]
The US Supreme Court agrees to review NOW v. Scheidler (see June 1986, September 22, 1995, and March 29 - September 23, 1997) on the basis of two technical issues raised by the defendants. The Court refuses to hear the defendants’ challenge that the First Amendment was violated by earlier rulings or that speech is at issue. The Court will determine whether women victimized by the violence of the anti-abortion advocates in the lawsuit can be protected from future crimes by an injunction as opposed to merely recompensed for the losses caused by the actions (see July 16, 1999), and whether it was appropriate to use the Racketeer Influenced and Corrupt Organizations (RICO) Act against defendants who claim their actions were prompted by religious or moral motivations. [National Organization for Women, 9/2002] The Court will overturn the decision on technical grounds (see February 28, 2006).
In a column for the National Review advocating the immediate overthrow of Iraq’s Saddam Hussein, neoconservative Jonah Goldberg praises his fellow neoconservative Michael Ledeen and urges the US to implement what he calls the “Ledeen Doctrine,” which he paraphrases as: “Every ten years or so, the United States needs to pick up some small, crappy little country and throw it against the wall, just to show the world we mean business.” Goldberg says that he heard Ledeen make this statement in an early 1990s speech. [National Review, 4/23/2002; Unger, 2007, pp. 149]
Prince Bandar and President Bush meet at Bush’s ranch in August, 2002. [Source: Associated Press]Crown Prince Abdullah, the de facto ruler of Saudi Arabia, is due to arrive in Houston, Texas, to meet with President Bush at his ranch in nearby Crawford, Texas. Abdullah’s entourage is so large that it fills eight airplanes. As these planes land, US intelligence learns that one person on the flight manifests is wanted by US law enforcement, and two more are on a terrorist watch list. An informed source will later claim that the FBI is ready to “storm the plane and pull those guys off.” However, the State Department fears an international incident. An interagency conflict erupts over what to do. The Wall Street Journal will report in 2003, “Details about what happened to the three men in the end are not entirely clear, and no one at [the State Department] was willing to provide any facts about the incident. What is clear, though, is that the three didn’t get anywhere near Crawford, but were also spared the ‘embarrassment’ of arrest. And the House of Saud was spared an ‘international incident.’” [Wall Street Journal, 10/13/2003] The next day, Osama Basnan, an alleged associate of 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar, reports his passport stolen to Houston police. [Newsweek, 11/24/2002] This confirms that Basnan is in Houston on the same day that Crown Prince Abdullah, Prince Saud al-Faisal, and Saudi US Ambassador Prince Bandar meet with President Bush, Vice President Cheney, Secretary of State Powell, and National Security Adviser Rice at Bush’s Crawford ranch. [US-Saudi Arabian Business Council, 4/25/2002] While in Texas, it is believed that Basnan “met with a high Saudi prince who has responsibilities for intelligence matters and is known to bring suitcases full of cash into the United States.” [Newsweek, 11/24/2002; Guardian, 11/25/2002] The still-classified section of the 9/11 Congressional Inquiry is said to discuss the possibility of Basnan meeting this figure at this time. [Associated Press, 8/2/2003] It is unknown if Basnan and/or the Saudi prince he allegedly meets have any connection to the three figures wanted by the FBI, or even if one or both of them could have been among the wanted figures. Basnan will be arrested in the US for visa fraud in August 2002, and then deported two months later (see August 22-November 2002).
Entity Tags: Osama Basnan, Richard (“Dick”) Cheney, Nawaf Alhazmi, Saud al-Faisal, US Department of State, Federal Bureau of Investigation, Condoleezza Rice, Abdullah bin Abdulaziz al-Saud, Bandar bin Sultan, Colin Powell, George W. Bush, Khalid Almihdhar
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
US and Pakistani forces search for Taliban leader Jalaluddin Haqqani in North Waziristan, in Pakistan’s tribal region, but are unable to find him. A mosque owned by Haqqani is raided at night by about 200 Pakistani soldiers and 25 US Special Forces, who arrive by helicopter. Haqqani had been a CIA asset in the 1980s Afghan war against the Soviets (see (1987)). While his link to the CIA apparently ended at some point, he has continued to be an asset of the ISI, Pakistan’s intelligence agency (see May 2008). He was a minister in the Taliban government in the 1990s. This apparently is the last time the US or Pakistan will target Haqqani for many years. In the years after this raid, he will build up his own semi-autonomous branch of the Taliban, known as the Haqqani network, and will launch many attacks against US forces in Afghanistan. [New York Times, 4/28/2002; New York Times, 6/17/2008]
Dr. Steven Markowitz, who directed a mobile health unit targeting immigrant workers hired to clean office buildings near Ground Zero (see January 14, 2002-March 1, 2002), speaks at an immigrant labor conference at the CUNY School of Law in Flushing, New York, sharing his team’s findings. The team identified over 400 workers suffering from a variety of ailments. “One of the most striking findings is the persistence in symptoms, even after workers were no longer exposed to dust,” Dr. Markowitz reports. “Many had stopped working [near Ground Zero] two months earlier, and when they came to the van, they still had symptoms.” He says that most of the workers had symptoms consistent with the inhalation of crushed glass like chronic cough, coughing up of blood, sore throats, nasal congestion and chest pain. Other workers had symptoms that are more difficult to explain, like headaches, fatigue, dizziness and poor appetites. Markowitz admits that his team has “no idea” what the cause of those symptoms are. [Newsday, 4/28/2002]
Newsweek reports that both US and Czech officials no longer believe the alleged April 2001 meeting between Mohamed Atta and the Iraqi officer, Ahmed Khalil Ibrahim Samir al-Ani, ever took place (see April 8, 2001). The magazine reports that FBI and CIA investigations show no record that Atta visited Prague during that time and instead place the 9/11 plotter in Virginia Beach, Virginia, and Florida during that month. [Newsweek, 4/28/2002; Washington Post, 5/1/2002; BBC, 5/1/2002] But Czech Interior Minister Stanislav Gross maintains that the meeting did take place. A few days after the Newsweek report is published, he says, “Right now I do not have the slightest information that anything is wrong with the details I obtained from BIS counterintelligence. I trust the BIS more than journalists.” [BBC, 5/1/2002; Prague Post, 5/8/2002]
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