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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]
Camp X-Ray prisoners. Their detention cages can be seen on the right. Pictures like this provoked an outrage about their treatment. [Source: Shane T. McCoy/ Associated Press]In Guantanamo, the 300 detainees (see April 28, 2002) being held in at Camp X-Ray are transferred to Camp Delta. Although cells at Camp Delta are even smaller than at Camp X-Ray (8 ft x 6 ft, 8 inches compared to 8 ft x 8 ft), [American Forces Press Service, 1/14/2003] the cells are now equipped with a flush toilet, a sink with running water and a metal bed frame. “There is indoor plumbing, exercise areas are better controlled, and detainees are out of the sun more,” Brig. Gen. Rick Baccus, the commander of Military Police at Guantanamo says. [American Forces Press Service, 1/14/2003] The new facility also has the advantage of being more secure. “We’ve a much more secure facility to house them in Camp Delta. For instance, the guards don’t have to escort them to the bathroom all the time and those types of things. That’s a great improvement in terms of how the guards have to deal with them on a daily basis.” [American Forces Press Service, 1/14/2003] Recreation time goes up from 5 minutes a day at Camp X-Ray to 15 minutes at Camp Delta. [Mirror, 3/12/2004] Use of Camp X-ray does not end. An undated Pentagon memo shows the camp is still used for isolation purposes between December 2002 and January 15, 2003. [US Department of Defense, 1/2003 ] Still, according to a Pentagon adviser, around the middle of 2002, some high-security prisoners will enjoy their recreation time strapped into heavy, straitjacket-like clothing, with their arms tied behind them, goggles over their eyes and their heads hooded. Describing what he was told by a Pentagon official, investigative reporter Seymour Hersh writes in the Guardian of London: “The restraints forced [these prisoners] to move, if he chose to move, on his knees, bent over at a 45-degree angle. Most prisoners just sat and suffered in the heat.” [Guardian, 9/13/2004] The Camp Delta facility was built by Brown & Root, a Halliburton subsidiary, which was awarded the contract even though it was estimated military engineers could do the job for about half the price. [New York Times, 7/13/2002]
In part due to pressure from Vice President Cheney, the CIA sends a cable to France’s intelligence agency, the Direction Generale de la Securite Exterieure (DGSE), communicating concerns about intelligence suggesting that Iraq is attempting to purchase uranium from Niger. (Another cable had been sent the year before (see Summer 2001).) Specifically, the CIA says it is concerned about an alleged agreement between Iraq and Niger on the sale of 500 tons of uranium that was signed by Nigerian officials. (In an interview with the Los Angeles Times, DGSE official Alain Chouet will note that the details of this agreement matched those of the forged documents.) [Los Angeles Times, 12/11/2005; Unger, 2007, pp. 241] Niger is a former French colony, and the French keep a tight rein on Niger’s uranium production. Hence, the CIA turns to French intelligence to vet the claim of Nigerien uranium going to Iraq. “The French were managing partners of the international consortium in Niger,” former US ambassador Joseph Wilson will later say. “The French did the actual mining and shipping of [uranium].” [Unger, 2007, pp. 208-209] The CIA asks for an immediate answer about the authenticity of the information. [La Repubblica (Rome), 12/1/2005] In response, the DGSE sends its head of security intelligence, Chouet, to look into the uranium deal. The initial information Chouet receives from the CIA is vague, he will later recall, except for one striking detail: Iraq’s ambassador to the Vatican, Wissam al-Zahawie, made an unusual trip to four African countries in 1999, including Niger. CIA analysts fear the trip may have been a prelude to the uranium deal. But Chouet soon learns that the al-Zawahie trip (see February 1999) had not been secret, as the CIA avers, but had been well covered by, among other news outlets, the local Nigerien press. In addition, French, British, and US intelligence had received routine reports on al-Zawahie’s visits. Chouet, head of a 700-person intelligence unit specializing in weapons proliferation and terrorism, sends an undercover team of five or six men to Niger to check on the security of Niger’s uranium. The investigation produces no evidence that al-Zawahie had even discussed uranium with the Nigeriens. [La Repubblica (Rome), 12/1/2005; Los Angeles Times, 12/11/2005; Unger, 2007, pp. 208-209] Chouet will later recall, “[O]nce back, they told me a very simple thing: ‘the American information on uranium is all bullsh_t.’” [La Repubblica (Rome), 12/1/2005] The French summarize the results of their investigation in a series of formal cables they send to CIA offices in Langley and Paris. Chouet will later tell the Times that they communicated their doubts about the claims in no uncertain terms. “We told the Americans, ‘Bullshi_t. It doesn’t make any sense.’” [La Repubblica (Rome), 12/1/2005; Los Angeles Times, 12/11/2005] Choeut’s formal reports to the CIA use less coarse language, but he later describes them as candid. “We had the feeling we had been heard,” he will recall. [Unger, 2007, pp. 241] The DGSE considers the issue closed. [Unger, 2007, pp. 208-209]
At some unknown time after US-allied forces conquer Afghanistan in late 2001, a US special operations team known as Task Force Orange slips into the tribal areas of Pakistan to plant listening devices on mountain peaks. These devices are used because US spy satellites reportedly do not have antennas sensitive enough to pick up cell phone or hand-held radio transmissions. These devices have reportedly helped in some cases to locate al-Qaeda operatives. [Newsweek, 8/28/2007]
The Environmental Protection Agency sends the United Nations a report on climate change, in which the US admits for the first time that human activity is largely to blame for recent global warming. It attributes rising global surface temperatures to the burning of fossil fuels and details the potential effects of continued warming. For example, the report notes, “A few ecosystems, such as alpine meadows in the Rocky Mountains and some barrier islands, are likely to disappear entirely in some areas. Other ecosystems, such as Southeastern forests, are likely to experience major species shifts or break up into a mosaic of grasslands, woodlands, and forests.” However the report does not recommend cutting greenhouse gas emissions. Rather it suggests adapting to a warmer climate, saying that nothing can be done about the greenhouse gases that have already been released into the atmosphere. Neither industry nor the environmental groups are pleased with the report. Industry’s opinions were conveyed in letters during the comment period in 2002. They had objected to the conclusion that greenhouse gases were contributing to global warming. On the other hand, environmentalists are bewildered by the the administration’s unwillingness to address the problem. “The Bush administration now admits that global warming will change America’s most unique wild places and wildlife forever,” says Mark Van Putten. “How can it acknowledge global warming is a disaster in the making and then refuse to help solve the problem, especially when solutions are so clear?” [Environmental Protection Agency, 5/2002; New York Times, 6/3/2002]
The Journal of the American Dental Association publishes a study concluding that Bextra, a new drug manufactured by Pharmacia, offers relief to the acute pain patients feel after dental surgery. [Daniels et al., 2002] Just six months before, the FDA investigated the claim and found no evidence to support it. [New York Times, 11/22/2002] Bextra is only approved to treat pain caused by arthritis or painful menstrual cycles. [US Food and Drug Administration, 11/22/2002] During the three-month period following the article’s publication, Bextra sales increase by 60 percent. It is later learned that the authors of the article were not independent scientists, but rather employees of Scirex, a research company owned partially by Omnicom, one of the world’s largest advertising firms. When the New York Times asks three doctors to review the Scirex article, the doctors say its conclusions are not persuasive. “All three said that one of Scirex’s conclusions was insignificant: that one dose of Bextra worked longer than a single dose of a medicine containing oxycodone and acetaminophen, a combination often sold under the brand name Percocet. Patients rarely receive just one dose of that combination drug, the doctors said, because it wears off in four to six hours.” One of the doctors, Eric J. Topol, says the studies cited in the article make “a contrived comparison.” He notes that patients in the study had an average age of 23, which is not representative of the age group that would mostly likely use the drug. Judy Glova, a spokeswoman for Pharmacia, denies in a statement to the New York Times, that the article was an attempt to bypass the FDA regulation. And Pat Sloan of Omnicom insists the company has “nothing to do with the design of clinical studies.” [New York Times, 11/22/2002]
Defense Intelligence Agency analysts issue a “fabricator notice,” warning the intelligence community that the agency has determined (see Between February 12, 2002 and March 31, 2002) that Iraqi defector Mohammad Harith is of questionable reliability and recommending that agencies disregard any intelligence that he has provided. It also notes that Harith had been “coached by [the] Iraqi National Congress” on what to tell US interrogators. [New York Times, 2/13/2004; Newsweek, 2/16/2004; Knight Ridder, 7/16/2004 Sources: Unnamed US intelligence official] The classified memo is “widely circulated within intelligence agencies, including the DIA and CIA,” Newsweek will later report, citing unnamed intelligence officials. [Newsweek, 2/16/2004 Sources: Unnamed US Intelligence Officials, Linton Wells] Almost a year later, in a presentation to the UN, Secretary of State Colin Powell will make the claim that Iraq has mobile biological weapons labs (see February 5, 2003), and cite Harith as one of US Intelligence’s four sources. Explaining how the reference to a dubious source made its way into Powell’s speech, the State Department will say that the “fabricator notice” had not been properly cross-referenced in intelligence computers. [Newsweek, 2/16/2004]
Industrial Risk Insurers agrees to make a full payment under its $861 million policy for the loss of World Trade Center Building 7, a 47-story office building which completely collapsed late in the afternoon of 9/11. [Insurance Journal, 6/7/2002; Wall Street Journal, 7/10/2002; Newsday, 10/21/2003] WTC 7 was owned by Silverstein Properties, which also acquired the lease on the Twin Towers six weeks before 9/11. [International Council of Shopping Centers, 4/27/2001; Port Authority of New York and New Jersey, 7/24/2001] Larry Silverstein, the president of Silverstein Properties, intends to use $489 million of the insurance payment to cover an existing mortgage on WTC 7, and $65 million of it for other debts and costs. The remaining $307 million will go toward the construction costs of the new WTC 7. [Bloomberg, 1/14/2003; New York Daily News, 1/14/2003] He is currently in a dispute with the carriers of his insurance on the Twin Towers, over whether the 9/11 attack constituted one or two separate events, and this will not be settled until mid-2007 (see May 23, 2007). [Wall Street Journal, 9/11/2002; New York Times, 5/23/2007]
Alif Khan is detained in Afghanistan at an unidentified US detention center for five days in May 2002. According to him, every day he is subjected to intimate bodily examinations, including being “searched from both sides.” [Amnesty International, 8/19/2003]
Sayed Abassin is taken to Kandahar, and during transport he is totally deprived of sensory information. He is blindfolded; his ears are covered, a black bag is put over his head and taped around his neck, and his hands and legs are tied. At Kandahar he is again interrogated five or six times. Detainees at Kandahar, he says, are not allowed to look at soldiers’ faces. For one look they will be forced to kneel for one hour. For looking twice, they are made to kneel for two hours. Around June 2002, Abassin is flown to Guantanamo (see June 2002). [Amnesty International, 8/19/2003]
In a 2007 book, CIA Director George Tenet will say of the alleged meeting between hijacker Mohamed Atta and an Iraqi agent in Prague, “We devoted an extraordinary effort to the issue but could never find any convincing evidence that the visit had happened.… By May of 2002, FBI and CIA analysts voiced increasing skepticism that these meetings had taken place. The case for the meetings continued to weaken from that time forward.” [Tenet, 2007] But Tenet will not publicly say the CIA is “increasingly skeptical” about the meeting until July 2004, long after the start of the Iraq war and after the 9/11 Commission publicly confirmed that the meeting did not take place (see April 28, 2002 and June 16, 2004).
An RC-135 “Rivet Joint” spy plane. [Source: Defense Department]In May 2002, the US Air Force’s only specially-equipped RC-135 “Rivet Joint” U spy planes—credited with having successfully intercepted the radio transmissions and cellphone calls of al-Qaeda’s leaders—are pulled from Afghanistan to conduct surveillance over Iraq. In June 2003, some RC-135s will finally return to support operations in Afghanistan. Retired Air Force colonel Rick Francona will later comment, “It’s not just the platform itself, it’s the linguists that man the platform. They were being really overworked.” He also says, “I don’t think there is any question that the effort against al-Qaeda was degraded.” [MSNBC, 7/29/2003; Guardian, 3/26/2004] NSA satellites are also “boreholed,” (redirected) from Afghanistan to Iraq. [Atlantic Monthly, 10/2004]
The Rand Corporation publishes a report reviewing the potential to weaponize space. The authors identify four main classes of space weapons that could be developed in the future. The study does not argue in favor of or against the development of these weapons, nor does it address any other issues related to US space policy. Directed-energy weapons, one type of weapon profiled in the report, could destroy targets in space or on the ground. An example of this type of weapon would be a laser. A major hindrance to the development direct-energy weapons is that they would require millions of watts of power. Kinetic-energy weapons could be used against missile targets in space or high up in the Earth’s atmosphere. Its destructive force would come solely from the combination of mass and velocity. Space-based kinetic energy weapons would be launched from space against targets the Earth’s surface, such as large ships, tall buildings, and fuel tanks. The last type of weapons reviewed in the study is space-based conventional weapons that would also be used to attack land targets. The weapons could use radio-frequency or high-power-microwave munitions to destroy their targets. [Space (.com), 5/15/2002; Preston et al., 10/1/2002]
Former ambassador Joseph Wilson participates in the annual conference of the American Turkish Council. One of the keynote speakers is Richard Perle, the neoconservative head of the Defense Policy Board and the chief author of the 1996 position paper “A Clean Break,” which argued for the forcible redrawing of the political map of the Middle East (see July 8, 1996). In 1996, Perle had called for the overthrow of the Iraqi government. At the conference, Perle makes the same call. Wilson will later recall being deeply troubled by Perle’s “fire and brimstone” speech. The next afternoon, when Wilson is scheduled to speak, he voices his concerns over Perle’s position. Although he had journeyed to Niger to learn the truth or falsity about the Iraq-Niger uranium claims (see February 21, 2002-March 4, 2002), he has not spoken publicly about Iraq in over a decade. He does so because he urgently feels that Perle’s views need to be countered. “No decision is more important than that to send a nation’s sons and daughters to a foreign land in order to kill and perhaps die for their country,” he will write. “As a democracy, we are all participants in that decision. Not to speak out would amount to complicity in whatever decision was taken.” Wilson tells the assemblage that “if we were prepared to entertain the possibility that in coming year Iraq might be reduced to a chemical, biological, and nuclear wasteland, then we should march in lockstep to the martial music played by Perle; if not, we should think about alternatives to war.” His partner at the podium, former Turkish military commander Cevik Bir, is, Wilson will recall, “even more strident than me in his opposition to military action.” The audience, “largely American and Turkish businessmen, [largely] agreed with us,” Wilson will recall. For his part, Perle has long since departed the conference. Wilson will later write: “As I discovered while debating the issue, the prowar advocates were little inclined to listen to the views of others. They had made up their minds long ago, and now it was a matter of ramming their agenda through the decision-making process.” [Wilson, 2004, pp. 291-292]
The Bush administration, prodded by State Department official John Bolton, refuses to certify that Russia is in compliance with international accords banning chemical and biological weapons. As a result, Russia is no longer eligible for State Department and Defense Department funding for nuclear nonproliferation programs (see January 10, 2001 and After). The Clinton administration harbored similar concerns, but believed that helping Russia secure its loose nuclear weapons and technology was more important than holding Russia in noncompliance in the CBW accords. In related negotiations, Bolton successfully impedes progress in negotiations in a liability agreement with the US over the securing of “loose nukes”; Bolton insists on absolving US government officials, as well as private firms and personnel, of any liability for accidents or even sabotage encountered as part of the nonproliferation programs. The dispute will not be resolved until September 2006. [Scoblic, 2008, pp. 209]
Jose Rodriguez. [Source: CIA]Jose Rodriguez, formerly chief of the CIA’s Latin American division, is appointed head of its rapidly expanding Counterterrorist Center. The appointment surprises some, as Latin America is not at the heart of global counterterrorism efforts and Rodriguez, who cannot speak Arabic, has no experience in the Middle East. In addition, Rodriguez was removed from his position in 1997, after he tried to get the government of the Dominican Republic to drop charges against a person described as a “friend,” and was criticized by the CIA Office of Inspector General for showing a “remarkable lack of judgment” over the affair. [International Herald Tribune, 12/8/2007] CIA officer Gary Berntsen, who served under Rodriguez as a station chief in an unnamed South American country, will be critical of him in a 2005 book. When Berntsen, an officer with a wealth of counterterrorism experience, took up his position in South America following the bombing of the USS Cole in October 2000, Rodriguez greeted him “by saying that he had heard about my successful record of conducting counterterrorism operations, but that would not, repeat not, be my primary mission as a Chief of Station in South America. He stated categorically that he wanted me to conduct normal foreign intelligence collection against traditional targets and no, repeat no, counterterrorism. I was stunned. Had this man been living in a cave the last two years?” Berntsen was also surprised when, after 9/11, he received a message from CIA headquarters asking for volunteers to fight terrorism, and then a message from Rodriguez ordering all Latin American station chiefs not to volunteer. Berntsen will comment: “I didn’t understand… he was ordering me and other highly skilled officers in Latin America not to step forward? Had this guy taken leave of his senses? In a time of national tragedy was he still thinking of how to protect his Division?” [Berntsen and Pezzullo, 2005, pp. 69, 71] Rodriguez’s identity is supposedly secret until the summer of 2007, shortly before he retires from the agency. [Associated Press, 8/8/2007] Rodriguez will be put in charge of the Directorate of Operations in 2004, but will become involved in a scandal over the destruction of videotapes of detainee interrogations (see November 2005 and December 6, 2007). [International Herald Tribune, 12/8/2007]
John McKay, the US Attorney for the Western District of Washington (see October 24, 2001), undergoes his first Evaluation and Review Staff (EARS) performance evaluation, as mandated by the Justice Department. The evaluation is positive, stating that “McKay was setting appropriate goals and priorities and was doing an outstanding job furthering interagency cooperation.… McKay was well respected by his staff, the judiciary, and all the law enforcement and civil agencies.” [US Department of Justice, Office of the Inspector General, 9/29/2008] A follow-up letter from the Executive Office for US Attorneys shows that McKay’s office garnered one of the highest cumulative scores (4.71 out of a possible 5) of all 93 US Attorneys’ offices. The letter singles out McKay’s work on border enforcement strategies and notes several areas in which McKay’s office displayed “best practices” in individual areas. McKay himself receives particular praise for his management of his office. Another follow-up letter effusively praises McKay’s work with anti-terrorism concerns, particularly his prosecution of several high-profile terrorism cases. McKay also receives recognition for outstanding work with white collar crime, firearms, child exploitation, environmental, and drug cases, and in implementing a new program to assist victims of fraud in receiving restitution. [US House of Representatives, Committee on the Judiciary, 5/21/2007]
Dr. Sawsan Alhaddad is one of about 30 Iraqi-Americans who have agreed to participate in a CIA intelligence gathering operation (see 2002). Her brother, Saad Tawfiq, is known by the CIA to have been a key figure in Saddam Hussein’s clandestine nuclear weapons program. The CIA has asked Alhaddad to return to Iraq and ask her brother if he would be willing to defect to the US. If he does not want to leave, she is to ask him several questions about Iraq’s supposed nuclear weapons program. She goes to Iraq in early September. A few days into her visit she begins asking him questions about Iraq’s nuclear weapons program. How close is Iraq to developing nuclear weapons? What process is it using for isotope separation? And, what are the names of the scientists who are working on the program? Tawfiq is surprised the CIA appears to actually believe that Iraq has a nuclear weapons program. He tells her the program ended in 1991. As James Risen reports in his book State of War: “We don’t have the resources to make anything anymore, he told her. We don’t even have enough spare parts for our conventional military. We can’t even shoot down an airplane. We don’t have anything left. If the sanctions are ever lifted, then Saddam is certain to restart the programs. But there is nothing now.” When Sawsan returns to the US, she tells her CIA debriefers everything her brother had told her. But the agents conclude that her brother must have been lying. All of the other Iraqi-Americans who traveled to Baghdad seeking information on behalf of the CIA return with the exact same answer—Iraq has no nuclear, chemical, or biological weapons programs. [Risen, 2006, pp. 183-184]
This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions. [Source: Bettmann / Corbis]In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are:
Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). [Associated Press, 12/11/2007]
NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. [MSNBC, 9/13/2007] In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” [Tenet, 2007, pp. 242] ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” [ABC News, 9/14/2007] Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. [New Yorker, 8/6/2007] In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. [Harper's, 12/15/2007] In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. [Associated Press, 12/11/2007]
Douglas Feith (right) and Ariel Sharon (left), time unknown. [Source: Canal+]Karen Kwiatkowski escorts about half a dozen Israelis, including some generals, from the first floor reception area of the Pentagon to Douglas Feith’s office. “We just followed them, because they knew exactly where they were going and moving fast,” she later explains. The Israelis are not required to sign in as is required under special regulations put into effect after the 9/11 attacks. Kwiatkowski speculates that Feith’s office may have waived this requirement for the Israelis so that there would be no record of the meeting. [Inter Press Service, 8/7/2003]
Czech President Vaclav Havel informs Washington that there is no evidence to substantiate claims that 9/11 plotter Mohamed Atta met with Iraqi diplomat Ahmad Khalil Ibrahim Samir al-Ani in Prague in April 2001 (see April 8, 2001). The information is relayed to the White House quietly to avoid embarrassing top Czech officials—presumably Interior Minister Stanislav Gross -who had publicly stated on more than one occasion that there was no evidence to suggest that the meeting did not take place. The New York Times will report in October 2002: “Mr. Havel… moved carefully behind the scenes in the months after the reports of the Prague meeting came to light to try to determine what really happened, officials said. He asked trusted advisers to investigate, and they quietly went through back channels to talk with Czech intelligence officers to get to the bottom of the story. The intelligence officers told them there was no evidence of a meeting.” The New York Times also reports that analysts in the Czech intelligence service were furious that the Prime Minister stovepiped the information straight to Washington, before they had the opportunity to investigate further. [United Press International, 10/20/2002; New York Times, 10/21/2002 Sources: Unnamed CIA and FBI officials]
Defense Secretary Donald Rumsfeld says, “How ought security to evolve in [Afghanistan] depends on really two things; one is what the interim government decides they think ought to happen, [the other is] what the warlord forces in the country decide they think ought to happen, and the interaction between the two.” Rumsfeld’s suggestion that the warlords should share power with the government in Afghanistan outrages many leaders in the US and Afghanistan. Pakistani journalist Ahmed Rashid will later comment that this “gave the Taliban just the propaganda excuse they needed to reorganize themselves. [Afghan President Hamid] Karzai considered Rumsfeld’s comment an insult to all Afghans, and from that time on, he saw [Rumsfeld] as being completely out of touch with reality.” Senator Joseph Biden (D-DE) says a few days later: “America has replaced the Taliban with the warlords. Warlords are still on the US payroll but that hasn’t brought a cessation of violence. Not only is the US failing to reign in the warlords, we are actually making them the centerpiece of our strategy.” [Rashid, 2008, pp. 134-135]
Bruce Lippy, PhD. a certified industrial hygienist with the Operating Engineers National Hazmat Program, discusses his data with Occupational Hazards, “60 percent of our samples were greater than the EPA clearance level….” [Kupferman, 2003 ]
During the White House daily press briefing, Ari Fleischer is peppered with questions about Bush’s Iraq policy by Helen Thomas, a reporter for Hearst News Service. [White House, 5/1/2002; Isikoff and Corn, 2006, pp. 2-3] After the briefing, Fleischer meets with the president and recounts his exchange with Thomas. According to Adam Levine, a White House communications assistant who is present, the president’s mood immediately changes. “Did you tell her I don’t like motherf_ckers who gas their own people?,” Bush asks. “Did you tell her I don’t like assholes who lie to the world? Did you tell her I’m going to kick his sorry motherf_cking ass all over the Middle East?” Fleischer responds, “I told her half of that.” [Isikoff and Corn, 2006, pp. 2-3 Sources: Adam Levine]
FEMA’s World Trade Center Building Performance Study. [Source: FEMA]FEMA releases its report of the WTC collapses. It concludes, “[W]ith the information and time available, the sequence of events leading to the collapse of each tower could not be definitively determined.” On Building 7: “The specifics of the fires in WTC 7 and how they caused the building to collapse remain unknown at this time.” [Federal Emergency Management Agency, 5/1/2002]
Tarek Dergoul is forcefully injected with a sedative, shortly before being put on the plane from Afghanistan to Guantanamo. [Observer, 5/16/2004]
L. Britt Snider, ex-CIA official and the staff director of the 9/11 Congressional Inquiry, resigns. Apparently there were many conflicts between Snider and his own staff, as well as with Congress. It is later revealed the final straw occurred when Snider tried to hire a CIA employee who had failed an agency polygraph test as an inquiry staffer. The hearings were expected to start in late May, but the resignation is one reason why the first public hearings are delayed until September. [Los Angeles Times, 5/2/2002; Los Angeles Times, 10/19/2002] Snider is replaced by Eleanor Hill. She will be widely credited for turning around an inquiry “hampered by infighting, politics, leaks and dueling agendas.” [Miami Herald, 7/14/2002; Washington Post, 9/25/2002]
The Defense Department announces that all service members who were on active duty on or after 9/11 are eligible to wear the National Defense Service Medal. Deputy Secretary of Defense Paul Wolfowitz says, “The sacrifices and contributions made by the armed forces in direct response to the terrorism attacks on the United States and to the long-term resolution of terrorism merit special recognition.” With a few exceptions, members of the National Guard and Reserve may also be awarded the medal. [US Department of Defense, 5/2/2002]
USAMRIID. [Source: Public domain]After extensive testing, the DNA sequence of the anthrax sent through the US mail in 2001 is deciphered, and it strongly supports suspicions that the bacteria originally came from USAMRIID, the US Army’s biological laboratory at Fort Detrick, Maryland. Furthermore, analysis of genetic drift determines that the attacker’s anthrax was not separated from the source anthrax at USAMRIID for many generations. It suggests that USAMRIID or USAMRIID samples given to Dugway Proving Ground in Utah and/or Porton Downs in Britain are the most likely sources of the anthrax used in the attacks. [New Scientist, 5/2/2002]
Overview of aircraft’s trajectory inside the Pentagon showing the points of entry (top right) and “exit” (bottom left). [Source: pentagonresearch (.com)] (click image to enlarge)A report about shoring used in the Pentagon submitted to the University of Maryland makes reference to a hole created in a wall inside the Pentagon on 9/11, near the end of the path of damage caused by the aircraft that hit the building. However, the assessment gives no specific explanation for what exactly caused the hole. The hole was on the ground level in a brick wall of the C Ring (the third of five concentric rings that form the Pentagon), on the A-E Drive, a service roadway that runs round the building between its C and B rings. The report says, “a nine foot diameter exit hole was created in the wall of C ring and the remainder of the debris from the impact ended up in the […] A-E Drive.” [Titus, 5/3/2002, pp. 9 ] Similarly, other reports do not offer any conclusive explanation for what caused the hole. The American Society of Civil Engineers’ Pentagon Building Performance Report, published in 2003 January 23, 2003, will show the hole’s location in several diagrams, but explain only that “there was a hole in the east wall of Ring C, emerging into A-E Drive, between column lines 5 and 7 in Wedge 2. The wall failure was approximately 310 ft from where the fuselage of the aircraft entered the west wall of the building.” [Mlakar et al., 1/2003, pp. 28 ] The Arlington County After-Action Report, published in 2002, contains a photo of the exit hole with the note “the damage extended all the way through the inner wall of the C Ring, a distance of approximately 285 feet.” It offers no further explanation for what precisely caused the hole. [US Department of Health & Human Services, 7/2002, pp. A8] Various explanations of how the hole came about are advanced after 9/11 (see September 15, 2001 and After).
Appearing on ABC’s This Week, Colin Powell says, “The United States reserves its option to do whatever it believes might be appropriate to see if there can be a regime change…. US policy is that regardless of what the inspectors do, the people of Iraq and the people of the region would be better off with a different regime in Baghdad.” [This Week with Sam Donaldson and Cokie Roberts, 5/5/2002; BBC, 12/19/2002]
FBI agent Robert Wright, feeling that he had been gagged by FBI superiors (see September 11, 2001-October 2001), files a formal complaint in early 2002 with the Inspector General’s Office (IGO) of the Justice Department. The IGO probes agency wrongdoing and mistakes. However, the IGO turns him away. On May 5, 2002, the IGO writes that “Mr. Wright raises serious charges concerning the FBI’s handling of a criminal matter relating to suspected terrorists,” but the IGO does “not have the resources to conduct an investigation of [the] anticipated size and scope.” Instead, the IGO recommends Wright to refer his complaints to Congress. The IGO had previously conducted large-scale investigations, for instance looking into the FBI’s alleged mishandling of evidence in the trial of convicted Oklahoma City bomber Timothy McVeigh. David Schippers, one of Wright’s lawyers, scoffs at the IGO’s explanation: “The truth is, they don’t want to investigate FBI dereliction of duty.” The 9/11 Congressional Inquiry will interview Wright in late 2002. [LA Weekly, 8/9/2002] However, neither his name, nor Yassin al-Qadi’s name, nor any details about the Vulgar Betrayal investigation will appear in the Inquiry’s heavily censored 2003 final report. He will not be interviewed by the 9/11 Commission, and neither his name, nor Yassin al-Qadi’s name, nor any details about the Vulgar Betrayal investigation will appear in the 9/11 Commission Final Report in 2004. Supposedly, the FBI “stalled Wright’s appearance before the 9/11 Commission until it was too late for him to appear before its public hearings.” [US Congress, 7/24/2003 ; US Congress, 7/24/2003; DebbieSchlussel (.com), 7/14/2004; 9/11 Commission, 7/24/2004]
The Bush administration formally withdraws the United States from the International Criminal Court (ICC). In a letter to Secretary-General of the UN Kofi Annan, US Undersecretary of State for Arms Control John Bolton writes: “This is to inform you, in connection with the Rome Statute of the International Criminal Court adopted on July 17, 1998, that the United States does not intend to become a party to the treaty. Accordingly, the United States has no legal obligations arising from its signature on December 31, 2000. The United States requests that its intention not to become a party, as expressed in this letter, be reflected in the depositary’s status lists relating to this treaty.” Defense Secretary Donald Rumsfeld says, “The United States will regard as illegitimate any attempt by the court or state parties to the treaty to assert the ICC’s jurisdiction over American citizens.” The ICC dates back to the 1969 Vienna Convention on the Law of Treaties, and serves as the world’s first and most influential war crimes tribunal. The US did not become a signatory until former President Bill Clinton’s last day in office. [US Department of State, 5/6/2002; New York Times, 5/7/2002; American Forces Press Service, 5/7/2002; Carter, 2004, pp. 278; Organizations Coalition for the International Criminal Court, 1/2/2006] Bolton’s letter serves to both withdraw the US from the Rome Statute, which established the ICC, and relieves the US of its obligations under the 1969 Vienna Convention on the Law of Treaties. That agreement prohibits the signatories of international treaties from taking steps to undermine the treaties they sign, even if they have not ratified them. [New York Times, 5/7/2002]
US Will Not be 'Second-Guessed' - The Bush administration defends its action, contending that the treaty infringes on US sovereignty because, under its provisions, an international prosecutor answerable to no one could initiate politically motivated or frivolous suits against US troops, military officers or officials. [New York Times, 5/7/2002; BBC, 7/13/2002] “We do not want anything to do it,” an administration spokesman has said. The ICC is “unaccountable to the American people,” and “has no obligation to respect the constitutional rights of our citizens,” Rumsfeld says. Secretary of State Colin Powell says the ICC undermines US judicial sovereignty and the US could not be held accountable to a higher authority that might try “to second-guess the United States after we have tried somebody.… We are the leader in the world with respect to bringing people to justice.… We have supported a tribunal for Yugoslavia, the tribunal for Rwanda, we’re trying to get the tribunal for Sierra Leone set up.… We have the highest standards of accountability of any nation on the face of the Earth.” [American Forces Press Service, 5/7/2002; Carter, 2004, pp. 278]
'On the Wrong Side of History' - Others do not share the administration’s rationale. Amnesty International’s Alex Arriaga says: “It’s outrageous. The US should be championing justice. It shouldn’t be running it down.” Judge Richard Goldstone, the first chief ICC prosecutor at the war crimes trials surrounding the former Yugoslavia, adds, “The US have really isolated themselves and are putting themselves into bed with the likes of China, Yemen, and other undemocratic countries.” Kenneth Roth of Human Rights Watch says: “The administration is putting itself on the wrong side of history. Unsigning the treaty will not stop the court. It will only throw the United States into opposition against the most important new institution for enforcing human rights in fifty years. The timing… couldn’t be worse for Washington. It puts the Bush administration in the awkward position of seeking law-enforcement cooperation in tracking down terrorist suspects while opposing an historic new law-enforcement institution for comparably serious crimes.” [Carter, 2004, pp. 278]
A Fox News report on the Oak Harbor truck incident. [Source: Fox News]A moving truck is pulled over for speeding in the middle of the night in Oak Harbor, Washington, near the Whidbey Island Naval Air Station. The base is the home of the advanced electronic warfare Prowler jets. A bomb-sniffing dog detects explosives on one of the men and inside the truck. High-tech equipment is then used to confirm the presence of TNT on the gearshift and RDX plastic explosive on the steering wheel. Both men turn out to be Israeli (one with an altered passport) and in the country illegally. [Fox News, 5/13/2002] However, the FBI later clears the two men, saying both the dog and the tests just detected false positives from “residue left by a cigarette lighter.” [Seattle Post-Intelligencer, 5/14/2002; Jerusalem Post, 5/14/2002] The “art student spy ring” frequently uses moving vans as cover, and has been caught spying on the most top secret military bases. [Salon, 5/7/2002] In a possibly related story, the Seattle FBI office that handled this case will be broken into a few weeks later, and even a room containing evidence will be penetrated. [Seattle Post-Intelligencer, 7/29/2002]
The Agency for Toxic Substances and Disease Registry (ATSDR) releases its “Report on Residential Air and Dust Sampling in Lower Manhattan,” which explains the agency found “low” levels of asbestos in 17.5 percent of the residential units sampled, 19.2 percent of the common area samples and 33 percent of the outdoor areas samples. But the study says there were extremely high levels of fibrous glass, which ranged from 2 to 15 percent in almost half the residential areas sampled and 64 percent of the outdoor samples. The ATSDR recommends “that people continue to conduct frequent cleaning with HEPA vacuums and damp cloths/mops to reduce the potential for exposure in accordance with NYC Department of Health (NYC DEP) guidance (see September 17, 2001).” But the NYC DEP’s instructions have been highly criticized (see September 17, 2001)
(see September 22, 2001) and its recommendation to use a HEPA vacuum to remove asbestos contradicts previous EPA commissioned studies (see 1993)
(see 1993). [Agency for Toxic Substances and Disease Registry, 5/7/2002]
Salon reports on the Israeli “art student spy ring.” All the “students” claim to have come from either Bezalel Academy or the University of Jerusalem. An examination of the Bezalel database shows that not a single “art student” appears to have attended school there. There is no such thing as the University of Jerusalem. In fact, the article points out that the sheer sloppiness and brazenness of the spy operation appears to be a great mystery, especially since the Mossad is renowned as one of the best spy agencies in the world. One government source suggests a theory to Salon that the “art students” were actually a smoke screen. They were meant to be caught and connected to DEA surveillance so that a smaller number of spies also posing as art students could complete other missions. One such mission could have been the monitoring of al-Qaeda operatives. [Salon, 5/7/2002] Shortly afterwards, a major Israeli newspaper publishes a story about the spy ring, but does not come to any conclusions. [Ha'aretz, 5/14/2002]
The EPA’s regional office in New York announces that the agency will assume responsibility for testing and cleaning residences south of Canal, Allen, and Pike Streets in Manhattan for asbestos contamination—if requested by the resident. The EPA claims the decision was made in order to calm residents’ fears, and that decontamination is not necessary. “While the scientific data about any immediate health risks from indoor air is very reassuring, people should not have to live with uncertainty about their futures,” says Jane Kenny, EPA regional administrator. “There is no emergency here.” [Wall Street Journal, 5/9/2002 ; New York Daily News, 5/9/2002 ] Similarly, Mary Mears, spokeswoman for Region II of the EPA, states, “This is to assuage concerns from residents in Lower Manhattan who continue to have concerns over air in their apartments.” [United Press International, 5/9/2002]
Criticisms of the EPA's volunteer cleanup program -
The EPA does not include other areas like Brooklyn, which was in the direct path of the September 11 smoke plume (see September 12, 2001), or Chinatown, whose residents have also complained of ailments they attribute to WTC contamination. [New York Daily News, 5/20/2002 ; Jenkins, 7/4/2003 ]
The EPA does not acknowledge that there is a public health emergency
The program is voluntary.
The EPA program targets asbestos, although the agency will also randomly test for other toxins to determine if additional measures should be taken. “We will test for asbestos in air. This is the substance of greatest concern, and air is the pathway of exposure. By cleaning up the dust, many other substances will also be removed,” an EPA public notice explains. [Environmental Protection Agency, 8/4/2003] However according to Cate Jenkins, “too few homes [are sampled] to have any statistical power to establish that these substances are not occurring elsewhere.” [Jenkins, 7/4/2003 ] A panel of experts convened by the EPA in October will agree, and suggest that the EPA conduct tests for additional toxins
(see Mid-October 2002).
The program is limited to private residences. Office buildings, the common areas of apartment buildings, stores and restaurants are not eligible for the program. [New York Daily News, 10/29/2002]
Only apartments which appear upon visual inspection to be contaminated will qualify for cleaning. [Salon, 8/15/2003]
The plan does not require that all apartments in a building be evacuated and cleaned—just those whose residents have filed requests. Consequently, recontamination and cross-contamination will occur from ventilation systems connecting cleaned and uncleaned apartments and from dust tracked in on residents’ shoes and clothing. [Salon, 8/15/2003]
FBI Director Robert Mueller states, “[T]here was nothing the agency could have done to anticipate and prevent the [9/11] attacks.” [US Congress, 9/18/2002]
In New York, the first UN Children’s Summit adopts an action plan to improve children’s lives in the coming decade. One of the Summit’s most notable achievements is a plan to reduce the mortality rates of infants and children under five, and of mothers after childbirth, by at least one third by 2010. Certain issues are hotly debated during the Summit. For example, the US sides with the Vatican, Iran, Syria, Libya, Sudan and Iraq in arguing for language promoting sexual abstinence before marriage and traditional family values and against the inclusion of any statement in the Summit’s final declaration sanctioning abortion. The US wants the final document to include a footnote that specifically excludes abortion from a passage stating that children have a right to “reproductive health services.” As a compromise, the final agreement drops any reference to “services.” Also, at the insistence of the Bush administration, the final document excludes the United States from a requirement prohibiting the death penalty or life imprisonment for those under the age of 18. The US also successfully argues for the removal of a resolution condemning Israel for violence against Palestinian children and the deprivation of their human rights. [Nation, 1/16/2002; BBC, 5/8/2002; Associated Press, 5/11/2002; BBC, 5/11/2002] The Bush administration also opposes referring to the 1989 Convention on the Rights of the Child as a global “standard” for children’s rights. [Associated Press, 5/11/2002] The 1989 Convention established a child’s right to good quality education, protection from abuse and healthcare, outlawed child labor and child trafficking, and prohibited nations from enlisting children under the age of 15 in their armed services. [United Nations, 11/20/1989; BBC, 9/18/1999; BBC, 11/8/1999; UNICEF, 2/24/2005] It was signed by the US, but neither the Clinton nor Bush administration has submitted the convention to Congress for ratification. The Convention on the Rights of the Child is the most universally accepted human rights instrument in history. The only other country that hasn’t ratified it is Somalia, which is unable to because it has no recognized government. [BBC, 9/18/1999; BBC, 11/8/1999; Associated Press, 5/11/2002; UNICEF, 2/24/2005]
FBI Special Agent Robert Wright sues the FBI for violating his First Amendment rights, the regulation governing the FBI’s prepublication review policies and procedures, and the Administrative Procedure Act, by failing to clear for publication his book manuscript, two complaints he’d submitted to the Department of Justice Office of the Inspector General (OIG), and his answers to questions posed by New York Times reporter Judy Miller. In October 2001, pursuant to the FBI’s prepublication review policy and his employment agreement, Wright submitted to the FBI a 500-page single-spaced manuscript titled “Fatal Betrayals of the Intelligence Mission.” Generally, agencies are required to complete review within 30 days, barring extenuating circumstances. In early January 2002, the FBI responded, stating that 18 percent of the manuscript contained “classified information; information containing sensitive investigative material and information protected by the Privacy Act.” Wright edited his manuscript to address these concerns and resubmitted it with three binders documenting public sources for the many factual claims, including affidavits and other court documents from his investigations. On November 13, 2001, Wright submitted his two OIG complaints to the FBI’s Office of Public and Congressional Affairs (OPCA) for prepublication review. OPCA responded on January 7, 2002, “taking issue with only 4 percent of the first document and 6 percent of the second.” On January 18, 2002, Wright resubmitted his manuscript with edits. After not receiving clearance to publish or any further response from the FBI, Wright sues in federal court on May 9, 2002. [New York Times, 5/12/2002; Memorandum Opinion: Wright, v. FBI, 7/31/2006] In a May 30, 2002 press conference, Wright will say he began writing the book in August 1999, and adds: “The manuscript outlines the FBI’s intentional, at times, failure, to pursue the terrorists and thereby prevent terrorist attacks. Ironically, I completed the text of the manuscript two days after the September 11th attack. On September 10th, I had all but the last three pages completed.” He will also say that his motive for writing the book was to “[expose] the bureau’s dereliction of duty in the terrorism arena,” that he is “seeking a thorough review and complete ‘house cleaning’ to identify and fix the FBI’s problems,” and that “as a nation we must work together in seeking to regain the confidence level we once had in the FBI to achieve its vital mission of protecting the safety and welfare of its citizens at home and abroad.” [Judicial Watch, 5/30/2002]
The US Federal Public Defender (FPD) for the Eastern District of Virginia, Frank Dunham, files a petition for a writ of habeas corpus for Yaser Esam Hamdi, as Hamdi’s “next friend,” in the Eastern District of Virginia to challenge his detention. [CNN, 5/31/2002] A habeas corpus is a petition to the court to require that a prisoner’s jailer appear with the prisoner in court, so that the court may determine the legality of the prisoner’s detention. A person who files as a “next friend” is required to have a significant relationship with the prisoner in order to file a habeas petition on the prisoner’s behalf. [US District Court of Eastern Virginia, 5/24/2004]
The main generating plant of the Florida Power and Light Company in Jacksonville, Florida. [Source: State Archives of Florida]US Army Specialist Derek Lawrence Peterson is arrested after a Florida police officer, D. F. Valiante, pulls him over for speeding and discovers a wide range of incriminating materials in his truck. Peterson is stopped for speeding in Jacksonville, Florida, by a local deputy sheriff. The deputy is “amazed to find the truck’s driver dressed all in black, wearing a pistol in a shoulder holster and plastic pads on his elbows and knees. In the truck also were large knives, a 12-gauge shotgun, shotgun and pistol ammunition, four ammo magazines, a six-volt battery, duct tape, speaker wire, and parts of an explosive device.” However, the officer is shocked to find the suspect is a soldier on leave from Fort Stewart, Georgia. Shortly after the arrest, the officer realizes he spotted the exact same truck 30 minutes earlier, backing up to the main gate of the nearby Florida Power and Light station. When he and fellow officers visit the power station, they discover footprints on a dirt road leading to an explosive device planted underneath some power lines. Valiante will later say that after informing Peterson of his rights while taking him into custody, Peterson “advised me that he was on the power plant property to practice recon tactics.” According to the Savannah Morning News, “Peterson allegedly told police he had placed a Hoffman explosive device, equal in power to a half-stick of dynamite. He had planned to detonate the explosive but was worried that he would be injured in the blast.” Peterson will be held on a $5 million bond and will eventually receive probation on June 9, 2002. Hank Coxe, Peterson’s attorney, will later say that his client’s case “had been blown out of proportion because police initially suspected Peterson’s acts were related to terrorism.” It remains unclear as to why Peterson would use such dangerous methods in order to practice reconnaissance tactics, or how he is able to avoid a thorough prison sentencing. [Florida Times-Union, 5/14/2002; Savannah Morning News, 5/16/2002; Florida Times-Union, 6/8/2002; Marrs, 9/1/2006, pp. 436]
Venezuelan President Hugo Chavez claims he has proof of US military involvement in the events that took place in April, claiming “he has radar images showing a foreign military vessel, a plane and a helicopter violating the country’s waters and air space during the failed coup,” reports the BBC. [BBC, 5/14/2002; Foreign Policy in Focus, 6/2002]
The FBI takes Jose Padilla to New York where he is detained at the Metropolitan Correctional Center (MCC). The District Court for the Southern District of New York appoints Donna R. Newman as his defense attorney. [Jose Padilla v. George W. Bush et al., 12/4/2002 ]
The New York Post has a banner headline on May 16, 2002. [Source: New York Post]The Bush administration is embarrassed when the CBS Evening News reveals that President Bush had been warned about al-Qaeda domestic attacks in August 2001 (see August 6, 2001). [New York Times, 5/15/2002; Washington Post, 5/16/2002] CBS’s David Martin reports: “The president’s daily intelligence brief is delivered to the president each morning, often by the director of central intelligence himself. In the weeks before 9/11 it warned that an attack by Osama bin Laden could involve the hijacking of a US aircraft.” [McClellan, 2008, pp. 113] Bush had repeatedly said that he had “no warning” of any kind. Press secretary Ari Fleischer states unequivocally that while Bush had been warned of possible hijackings, “[t]he president did not—not—receive information about the use of airplanes as missiles by suicide bombers.” [New York Times, 5/15/2002; Washington Post, 5/16/2002] “Until the attack took place, I think it’s fair to say that no one envisioned that as a possibility.” [MSNBC, 9/18/2002] Fleischer claims the August memo was titled “Bin Laden Determined to Strike the US,” but the real title is soon found to end with “Strike in US” [Washington Post, 5/18/2002] The Guardian will state a few days later, “[T]he memo left little doubt that the hijacked airliners were intended for use as missiles and that intended targets were to be inside the US.” It further states that, “now, as the columnist Joe Conason points out in the current edition of the New York Observer, ‘conspiracy’ begins to take over from ‘incompetence’ as a likely explanation for the failure to heed—and then inform the public about—warnings that might have averted the worst disaster in the nation’s history.” [Guardian, 5/19/2002] Current deputy press secretary Scott McClellan will point out in 2008: “The [CBS] report left much open to question. Was it suggesting that the president had received info that should have led him to act? Was it just a possible warning sign, like many others that may have gone unheeded? Or was it something else, possibly a nonspecific bit of intelligence from years earlier?” McClellan will write that the uncertainty “mattered little to Democratic leaders in Congress. They saw an opportunity to attack the president’s strong suit—his leadership in the war on terrorism—and cut into his enormous popularity ahead of the midterm elections that coming November.” [McClellan, 2008, pp. 113]
A US filmmaker is able to penetrate al-Qaeda and Taliban strongholds in Pakistan. John Christopher Turner is a US citizen from Missouri, but he lived in Pashtun tribal areas and fought with the mujaheddin against the Soviets in neighboring Afghanistan in the 1980s, speaks fluent Pashto, converted to Islam, and has a long beard. As a result, traveling under the protection of a clan chief, he is able to penetrate the province of Baluchistan in the far west of Pakistan. Turner will later tell the Washington Post that Baluchistan “is where the Taliban and al-Qaeda are comfortably living right now. There’s nobody trying to run them off. In fact, they’re honored guests.… I probably went to ten hornets’ nests, and there were always two or three al-Qaeda in supervisory positions—overseeing, I’d say; the last thing you can do is boss a Pashtun. But obviously they were conduits for money.” He claims to have seen hundreds of Taliban living openly in Baluchistan, with a smaller number of al-Qaeda who are using posing as charity workers. He also runs into al-Qaeda operatives elsewhere. “There are madrassas [Islamic schools] right outside Karachi that are full of al-Qaeda. You go to any madrassa and the al-Qaeda are out there.” He claims to have long philosophical discussions with al-Qaeda figures, and shoots extensive video footage of the militants he meets. US officials say they find Turner’s account credible. ISI agents followed Turner to the vicinity of al-Qaeda safe houses in north Karachi. Turner is extensively interrogated by the FBI after returning from Baluchistan, and they also watch the video footage from his trip. He is put on a plane back to the US. The documentary Turner is planning about his Pakistan trip apparently is never made, as there are no subsequent references to it. [Washington Post, 8/4/2002]
The CIA believes that recently captured al-Qaeda operative Abu Zubaida (see March 28, 2002) is withholding “imminent threat information” from his US interrogators. To that end, the CIA sends attorneys from its Office of General Counsel to meet with Attorney General John Ashcroft, National Security Adviser Condoleezza Rice, Rice’s deputy Stephen Hadley, White House counsel Alberto Gonzales, and other senior White House aides to discuss what the Senate Intelligence Committee will later term “the possible use of alternative interrogation methods that differed from the traditional methods used by the US military and intelligence community” (see April 2002). The CIA proposes several “alternative” methods that equate to torture, including waterboarding, for Zubaida. After the meeting, the CIA asks the Justice Department’s Office of Legal Counsel (OLC) to prepare an opinion about the legality of the proposed interrogation methods. The CIA provides the OLC with, in the committee’s words, “written and oral descriptions of the proposed techniques.” The CIA also provides the OLC with information about the medical and psychological effects of the military’s Survival, Evasion, Resistance, and Escape (SERE) training, which trains soldiers how to counter and resist torture and harsh interrogation techniques (see December 2001). [Senate Intelligence Committee, 4/22/2009 ; BBC, 4/23/2009] Meanwhile, the CIA will send Zubaida to Thailand for torture (see March 2002 and April - June 2002).
In 2007, former CIA official John Kiriakou will claim to have details about the interrogation of al-Qaeda leader Abu Zubaida. Kiriakou was involved in the capture and early detention of Zubaida (see March 28, 2002), but claims he was transferred to another task before harsh interrogation techniques such as waterboarding were used on him (see Mid-May 2002 and After). [ABC News, 12/10/2007 ] Kiriakou will claim that the activities of the interrogators were closely directly by superiors at CIA Headquarters back in the US. “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him.’ Or, ‘I’m going to shake him.’ Or, ‘I’m gonna make him stay up for 48 hours.’ Each one of these steps, even though they’re minor steps, like the intention shake, or the open-handed belly slap, each one of these had to have the approval of the deputy director for operations.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the [CIA] got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard. So it was extremely deliberate.” [ABC News, 12/10/2007] Kiriakou also will say, “This isn’t something done willy-nilly. This isn’t something where an agency officer just wakes up in the morning and decides he’s going to carry out an enhanced technique on a prisoner. This was a policy made at the White House, with concurrence from the National Security Council and the Justice Department” (see Mid-March 2002). [London Times, 12/12/2007] In 2005, ABC News reported, “When properly used, the [CIA interrogation] techniques appear to be closely monitored and are signed off on in writing on a case-by-case, technique-by-technique basis, according to highly placed current and former intelligence officers involved in the program.” [ABC News, 11/18/2005] CIA Director George Tenet will similarly claim in a 2007 book that the interrogation of high-ranking prisoners like Zubaida “was conducted in a precisely monitored, measured way…” He will also say that “CIA officers came up with a series of interrogation techniques that would be carefully monitored at all times to ensure the safety of the prisoner. The [Bush] administration and the Department of Justice were fully briefed and approved the use of these tactics.” [Tenet, 2007, pp. 242] Zubaida’s interrogations are videotaped at the time (see Spring-Late 2002), and CIA Director Michael Hayden will later claim this was done “meant chiefly as an additional, internal check on the [interrogation] program in its early stages.” [Central Intelligence Agency, 12/6/2007] The videotapes will later be destroyed under controversial circumstances (see November 2005).
Abu Zubaida. [Source: New York Times]The CIA begins interrogating captured al-Qaeda leader Abu Zubaida (see March 28, 2002), using some aggressive techniques that are commonly considered to be torture. Zubaida was initially interrogated by the FBI using traditional rapport-building techniques, and many believe the FBI was obtaining valuable information (see Late March through Early June, 2002). But he is being held at a secret CIA prison in Thailand (see March 2002), and soon a new CIA team comes in and takes over (see Mid-April 2002). This team, led by controversial psychologist James Elmer Mitchell, uses such extreme methods that the FBI completely withdraws its personnel (see Mid-April-May 2002), and even some CIA personnel leave in disgust (see Between Mid-April and Mid-May 2002). By mid-May, Mitchell’s detractors are gone and the gunshot wounds Zubaida sustained during his capture have stabilized, so Mitchell begins applying even more aggressive interrogation techniques. [Posner, 2003, pp. 186, 191; Suskind, 2006, pp. 110-115] According to one psychologist involved in Zubaida’s interrogation, Mitchell argues that Zubaida needs to be reduced to a state of “learned helplessness.” Reserve Air Force Colonel Steve Kleinman, an experienced interrogator very familiar with Mitchell, will later say that “learned helplessness was his whole paradigm.… It starts with isolation. Then they eliminate the prisoners’ ability to forecast the future—when their next meal is, when they can go to the bathroom. It creates dread and dependency. It was the KGB model. But the KGB used it to get people who had turned against the state to confess falsely. The KGB wasn’t after intelligence.” [New Yorker, 8/6/2007] Journalist Ron Suskind will later claim: “According to CIA sources, [Zubaida] was waterboarded, a technique in which a captive’s face is covered with a towel as water is poured atop, creating the sensation of drowning. He was beaten, though not in a way to worsen his injuries. He was repeatedly threatened, and made certain of his impending death. His medication was withheld. He was bombarded with deafening, continuous noise and harsh lights.” [Suskind, 2006, pp. 115] The New York Times will later claim: “At times, Mr. Zubaida, still weak from his wounds, was stripped and placed in a cell without a bunk or blankets. He stood or lay on the bare floor, sometimes with air-conditioning adjusted so that, one official said, Mr. Zubaida seemed to turn blue. At other times, the interrogators piped in deafening blasts of music by groups like the Red Hot Chili Peppers.” [New York Times, 9/10/2006] Zubaida will reportedly later tell the Red Cross that he was also kept for a prolonged period in a cage, known as a “dog box,” so small that he unable to stand. [New Yorker, 8/6/2007] The CIA will claim that these aggressive methods are very effective, and soon it will begin using them on many other detainees. But others will later suggest that Zubaida gave up far less valuable information under torture than he did with the FBI’s rapport-building techniques (see June 2002). The legal authority to conduct these types of interrogations is unclear. The CIA is being advised by Michael Chertoff at the Justice Department, but there will be no formal legal opinion permitting the techniques until August 2002. [New York Times, 9/10/2006]
US citizen Michael Meiring is suspected of being a CIA operative after injuring himself in an explosion in his own hotel room. Meiring claimed a grenade was thrown into his room, but a Philippine government investigation determined the center of the blast came from an assembled bomb kept in a metal box owned by Meiring. Hotel employees said Meiring told them for weeks not to touch the box while cleaning the room. Additionally, an ID card with his picture on it found in his room lists him as an officer in the Moro National Liberation Front (MNLF), a Muslim rebel militant group. [KHOU-TV, 12/2/2004] One hour after the bombing in his room, a bomb explodes in a marketplace in the same region, injuring four people. [Agence France-Presse, 5/16/2002] In the two months prior to this explosion in his room, there were several other other explosions in the same region, killing 37 people and injuring 170 more. [Minda News, 5/30/2003] In 2003, a group of Philippine soldiers will mutiny, in part because they believe these bombings were done with the secret approval of the Philippine government, and not done by rebel groups as the government claims (see July 27-28, 2003). A number of Philippine officials speculate Meiring may have been a CIA agent. Those who knew him said that he referred to himself as a CIA agent, but said it stood for “Christ In Action.” He had frequently visited the Philippines for at least ten years. [Minda News, 5/30/2003] He claimed to be a treasure hunter, and had a company called Parousia International Trading (in Christian theology, Parousia is a term for the second coming of Christ). He also had ties to right wing extremists in the US (see 1992-1993). He was said to be very well connected in the Philippines, being visited in his hotel room prior to the explosion by congressmen, a governor, and military officials. He was also connected to militants in the MNLF, Abu Sayyaf, and other groups. He was said to have met with top leaders of these militant groups starting in 1992 (see 1992-1993). One source who knew him said that earlier in the year he had predicted a series of bombings and that his predictions “always came true.” [Minda News, 5/31/2003] Meiring was already a major suspect in the production and distribution of counterfeit US Treasury bills. Over the last few years, billions of dollars worth of fake US Treasury bills were confiscated in the region. [Time, 2/26/2001; BusinessWorld, 5/27/2002] Four days after the explosion, FBI agents take him out of the hospital where he was recovering from severe burns and amputations. According to the Philippine Immigration Deputy Commissioner, agents of the US National Security Council then take him to the capital of Manila. The Financial Times will later report that he returns to the US and is handed over to the CIA. [Manila Times, 5/30/2002; Financial Times, 7/12/2002; Guardian, 8/15/2003] The Guardian will later comment, “Local officials have demanded that Meiring return to face charges, to little effect. BusinessWorld, a leading Philippine newspaper, has published articles openly accusing Meiring of being a CIA agent involved in covert operations ‘to justify the [recent] stationing of American troops and bases in Mindanao.’ The Meiring affair has never been reported in the US press.” [Guardian, 8/15/2003] In 2004, a Houston TV station will trace Meiring back to the US, where he still lives, despite the Philippine government wanting him to be extradited to face a variety of charges related to the explosion (see December 2, 2004).
National Security Adviser Rice tries to explain what Bush knew and when in her May 16, 2002 press conference. [Source: CNN]National Security Adviser Condoleezza Rice states, “I don’t think anybody could have predicted that these people would take an airplane and slam it into the World Trade Center, take another one and slam it into the Pentagon, that they would try to use an airplane as a missile,” adding that “even in retrospect” there was “nothing” to suggest that. [White House, 5/16/2002] Contradicting Rice’s claims, former CIA Deputy Director John Gannon acknowledges that such a scenario has long been taken seriously by US intelligence: “If you ask anybody could terrorists convert a plane into a missile? [N]obody would have ruled that out.” Rice also states, “The overwhelming bulk of the evidence was that this was an attack that was likely to take place overseas.” [MSNBC, 5/17/2002] Slate awards Rice the “Whopper of the Week” when the title of Bush’s August 6 briefing is revealed: “Bin Laden Determined to Strike in US.” [Slate, 5/23/2002] Rice later will concede that “somebody did imagine it” but will say she did not know about such intelligence until well after this conference. [Associated Press, 9/21/2002]
In the wake of new information on what President Bush knew, Vice President Cheney states, “[M]y Democratic friends in Congress… need to be very cautious not to seek political advantage by making incendiary suggestions, as were made by some today, that the White House had advance information that would have prevented the tragic attacks of 9/11.” He calls such criticism “thoroughly irresponsible… in time of war” and states that any serious probe of 9/11 foreknowledge would be tantamount to giving “aid and comfort” to the enemy. [Washington Post, 5/17/2002] The days later, Cheney adds that he doesn’t “have any problem with a legitimate debate over the performance of our intelligence agencies,” but he has “a real problem with the suggestion that somehow my president had information and failed to act upon it to prevent the attack of Sept. 11.” He calls this “beyond the pale.” On May 21, the on-line newspaper Salon suggests that such pressure “appears to have worked. Democrats are largely chastened in their criticism of the [Bush] administration, and few have criticized attempts to silence them.” [Salon, 5/21/2002]
National Security Adviser Condoleezza Rice holds a press conference to respond to the public leak (see May 15, 2002) of the title of President Bush’s August 6, 2001 Presidential Daily Brief item entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).
Presidential Daily Brief - She asserts: “It was an analytic report that talked about [Osama bin Laden]‘s methods of operation, talked about what he had done historically, in 1997, in 1998.… I want to reiterate, it was not a warning. There was no specific time, place, or method mentioned.” [White House, 5/16/2002] In April 2004, Rice will testify under oath before the 9/11 Commission and repeatedly assert that it was “a historical memo… not threat reporting” (see April 8, 2004).
Comment by Philip Shenon - Author Philip Shenon will later comment, “She failed to mention, as would later be clear, that the PDB focused entirely on the possibility that al-Qaeda intended to strike within the United States; it cited relatively recent FBI reports of possible terrorist surveillance of government buildings in New York.” After rereading the transcript of the press conference, Shenon will call it a “remarkable document,” because “To many of the Commission’s staff, it offered proof of how, to Condoleezza Rice, everything is semantics. A threat is not a threat, a warning is not a warning, unless she says it is. The word historical appeared to have an especially broad definition to Rice. To her, a warning that was a few weeks or months old was of relatively little value because it was ‘historical.’”
Aircraft as Weapons - Rice also says, “I don’t think anybody could have predicted that these people would take an airplane and slam it into the World Trade Center, take another one and slam it into the Pentagon—that they would try to use an airplane as a missile.” However, various government agencies were well aware of the concept of planes as missiles, including the FBI (see August 27, 2001), the Defense Department (see April 17-26, 2001), and the White House itself (see June 20, 2001). Shenon will point out that this news conference occurs eight months after the attacks, yet Rice is “suggesting that in all that time, no one had bothered to tell her [of these reports].” [Shenon, 2008, pp. 213, 237-239]
Senate Majority Leader Tom Daschle (D-SD) says he is “gravely concerned” to learn that President Bush “received a warning in August about the threat of hijackers,” referring to a CBS News report revealing that Bush had been warned about a possible hijacking over a month before the 9/11 attacks (see August 6, 2001). Daschle calls on the White House to provide the classified briefing to Congressional investigators. House Minority Leader Richard Gephardt (D-MO) says, using the language of Watergate investigators, “I think what we have to do now is find out what the president, what the White House knew about the events leading up to 9/11, when they knew it, and, most importantly, what was done about it at the time.” White House deputy press secretary Scott McClellan will later write that, as objectionable as the White House finds these statements, “the Democrat who most aroused the ire of the White House and Republicans was New York’s Democratic senator, Hillary Clinton.” Clinton takes the floor of the Senate and says, “We learn today something we might have learned at least eight months ago: that President Bush had been informed last year, before September 11, of a possible al-Qaeda plot to hijack a US airliner.” She displays a New York Post headline that reads, “BUSH KNEW” (see May 15, 2002) and “9/11 BOMBSHELL.” “The president knew what?” Clinton asks. McClellan will write that he and his White House colleagues are “incensed” at Clinton’s rhetoric: “To us, such grandstanding appeared to be a return to the ugly partisan warfare that had come to define Washington and its culture during the 1990s. Politics as war, the innuendo of scandal, and the egregious implication that the president had deliberately neglected the country’s safety—it was all in service of the November election results. All the familiar elements were there. The story and the partisan accusations that followed provided great controversy for the media to cover.” (In this passage, McClellan fails to note that White House political guru Karl Rove had, months before, advised Bush and Republican candidates to use the war to attack Democrats in the November 2002 elections—see January 2002). McClellan will complain that Clinton “had not even bothered to call [the White House] to find out more about the facts behind the headlines before delivering her speech,” and will note: “To us, the disingenuous way the leaders rushed to create a damning story line about the president and his administration crossed a line. Republicans objected vehemently and aggressively in a counteroffensive led by the White House,” with Vice President Dick Cheney calling the Democrats’ questions “incendiary” (see May 16, 2002) and Bush declaring, “Had we any inkling, whatsoever, that terrorists were about to attack our country, we would have moved heaven and earth to protect America.” Bush adds: “And I’m confident that President Clinton would have done the same thing (see September 7, 2003). Any president would have.” McClellan will call Bush’s statement “a gesture toward the rapidly vanishing spirit of bipartisanship.” He will write that Democrats did not, by themselves, break the bipartisanship that had supposedly reigned before CBS broke the news of the August 6 briefing: “Democrats were responding in part to perceived efforts by Republicans seeking political advantage from the president’s aggressive efforts to wage war against Islamist terrorists,” and will note that in 1998, Republicans accused President Clinton of “wagging the dog”—launching military strikes against Iraq to distract the nation from the Monica Lewinsky scandal (see December 16-19, 1998). [McClellan, 2008, pp. 117-118]
A federal appeals court in San Francisco rules that anti-abortion organizations who engage in the practice of distributing posters targeting abortion providers (see 1995 and After) are illegally threatening the lives and well-being of the people they are targeting. The 6-5 verdict also rules that Web sites such as The Nuremberg Files (see January 1997), which list doctors’ names and addresses and “lines out” the names of those doctors who are murdered, also threaten the lives of the named doctors. The defendants unsuccessfully claimed they were engaging in constitutionally protected political advocacy; the plaintiffs—four doctors and two health clinics—argued that the speech in question encouraged violence against abortion providers. The verdict overturns a previous three-judge ruling by the same court and reinstates a $109 million award for the plaintiffs. Writing for the majority, Judge Pamela Ann Rymer states: “While advocating violence is protected, threatening a person with violence is not.… This is not political hyperbole. They were a true threat.” Maria Vullo, a lawyer for the plaintiffs, says the essence of the decision is rejection of threatening speech. Of the “political advocacy” practiced by the defendants, Vullo says, “It’s really terrorism.” Christopher Ferrara, a lawyer for the defendants, says his clients will appeal the decision to the Supreme Court. “This is a threat case without any identifiable threat,” he says. “We’re found liable for the format we chose.” [New York Times, 5/17/2002] In spite of the verdict, the practice will continue (see January - April 2003, Fall 2009, and September 13, 2010).
[Source: FBI]A CD-ROM containing a picture of a young Saudi man named Saud al-Rashid is seized in an al-Qaeda safe house in Karachi, Pakistan. The CD also contains the pictures of three 9/11 hijackers, Nawaf Alhazmi, Khalid Almihdhar, and Abdulaziz Alomari, placed in the same folder with the picture of al-Rashid. The pictures are all passport photos or pages of entry and exit stamps from the same passports. All the computer files of the pictures were saved in May 2001. A senior US official says that investigators “were able to take this piece of information and it showed clear signals or lines that [al-Rashid] was connected to 9/11.” Media reports in 2002 say that the raid takes place on August 15, but an FBI report made public years later will show the raid took place on May 16 but the importance of the CD-ROM’s contents was not discovered until August 15. [Associated Press, 8/21/2002; 9/11 Commission, 7/24/2004, pp. 526; Federal Bureau of Investigation, 2010]
Al-Rashid Escapes Dragnet - On August 21, six days after the files on the CD-ROM are discovered, the US will issue a worldwide dragnet to find al-Rashid. [Associated Press, 8/21/2002] But they are unable to catch him because a few days later, he flees from Egypt to Saudi Arabia and turns himself in to the Saudi authorities. The Saudis apparently will not try him for any crime or allow the FBI to interview him. [CNN, 8/26/2002; CNN, 8/31/2002]
Al-Rashid's Background - Al-Rashid was in Afghanistan in 2000 and 2001, where he met 9/11 hijacker Ahmed Alhaznawi “once or twice” in a guest house. [New York Times, 7/29/2003; 9/11 Commission, 7/24/2004, pp. 526] Although detainees identify him as a candidate 9/11 hijacker, he claims not to have met Osama bin Laden or Khalid Shaikh Mohammed (KSM), or even to have heard of al-Qaeda. Under interrogation, KSM will say al-Rashid was headstrong and immature and dropped out of the plot after returning to Saudi Arabia for a visa, either due to second thoughts or the influence of his family. However, doubts will be raised about the reliability of KSM’s statements under interrogation (see August 6, 2007). [9/11 Commission, 7/24/2004, pp. 526] Intriguingly, al-Rashid’s father is Hamid al-Rashid, a Saudi government official who paid a salary to Omar al-Bayoumi, an associate of both Almihdhar and Alhazmi who is later suspected of being a Saudi agent. [New York Times, 7/29/2003]
Passport Clue - Also intriguingly, the pictures from Saeed Alghamdi’s and Khalid Almihdhar’s passports show the passports were issued at “Holy Capital.” This may be an indicator placed by the Saudi government to show that the passport holders are radicals. [Federal Bureau of Investigation, 2010]
Other Evidence? - Florida FBI agent Tom Yowell will later mention to the 9/11 Commission that he remembers some other 9/11-related evidence captured in a May 2002 Karachi raid, including mention of the address of a Virginia post office box (see February 19-20, 2001 and April 3-4, 2001 and around) and videos of the 9/11 hijackers. But which hijackers were videotaped, and where and when, is not mentioned. [9/11 Commission, 12/4/2003 ]
Entity Tags: Khalid Shaikh Mohammed, Khalid Almihdhar, Nawaf Alhazmi, Omar al-Bayoumi, Tom Yowell, Hamid al-Rashid, Saud al-Rashid, Al-Qaeda, Federal Bureau of Investigation, Abdulaziz Alomari, Ahmed Alhaznawi
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
The Foreign Intelligence Surveillance Court (FISC) turns down the Justice Department’s bid for sweeping new powers to monitor and wiretap US citizens. FISC judges rule that the government has misused the law and misled the court dozens of times. The court finds that Justice Department and FBI officials supplied false or misleading information to the court in over 75 applications for search warrants and wiretaps, including one signed by then-FBI director Louis Freeh. While the court does not find that the misrepresentations were deliberate, it does rule that not only were erroneous statements made, but important information was omitted from some FISA applications. The judges found so many inaccuracies and errors in FBI agent Michael Resnick’s affidavits that they bar him from ever appearing before the court again. The court cites “the troubling number of inaccurate FBI affidavits in so many FISA applications,” and says, “In virtually every instance, the government’s misstatements and omissions in FISA applications and violations of the Court’s orders involved information sharing and unauthorized disseminations to criminal investigators and prosecutors.” The court is also unhappy with the Justice Department’s failure to answer for these errors and omissions, writing, “How these misrepresentations occurred remains unexplained to the court.” The court finds that in light of such impropriety, the new procedures proposed by Attorney General John Ashcroft in March would give prosecutors too much control over counterintelligence investigations, and would allow the government to misuse intelligence information for criminal cases. The ruling is a severe blow to Ashcroft’s attempts since the 9/11 attacks to allow investigators working in terrorism and espionage to share more information with criminal investigators. (These limitations were put in place after the Church Commission’s findings of massive fraud and misuse of domestic surveillance programs during the 1950s, 60s, and 70s. See April, 1976, January 29, 1976, and December 21, 1974). The Justice Department says of the decision, “We believe the court’s action unnecessarily narrowed the Patriot Act and limited our ability to fully utilize the authority Congress gave us.” Interestingly, the Justice Department also opposed the public release of FISC’s decision not to grant the requested powers. Stewart Baker, former general counsel of the NSA, calls the opinion “a public rebuke. The message is you need better quality control. The judges want to ensure they have information they can rely on implicitly.” Bush officials have complained since the 9/11 attacks that FISA requirements hamper the ability of law enforcement and intelligence agents to track terrorist suspects, including alleged hijacking conspirator Zacarias Moussaoui (see August 16, 2001). Those requirements mandate that agents must show probable cause that the subject of a search or wiretap is an agent of a foreign government or terrorist group, and, because FISA standards for obtaining warrants is far lower than for ordinary criminal warrants, mandate strict limits on the distribution of information secured from such investigations. The FBI searched Moussaoui’s laptop computer and other belongings without a FISA warrant because some officials did not believe they could adequately show the court that Moussaoui had any connections to a foreign government or terrorist group. In its ruling, FISC suggests that if the Justice Department finds FISA too restrictive, they should ask Congress to update the law. Many senators on the Judiciary Committee say they are willing to enact such reforms, but have complained of resistance from Ashcroft and a lack of cooperation from the Bush administration. [Washington Post, 8/23/2002] In November 2002, the Foreign Intelligence Surveillance Court of Review will overturn the FISC decision and give the Justice Department what it asked for (see November 18, 2002).
Entity Tags: Foreign Intelligence Surveillance Court, Federal Bureau of Investigation, Charles Grassley, US Department of Justice, Stewart Baker, Zacarias Moussaoui, National Security Agency, John Ashcroft, Church Commission, USA Patriot Act, Louis J. Freeh, Michael Resnick
Timeline Tags: Civil Liberties
President Bush says of 9/11 in a speech, “Had I known that the enemy was going to use airplanes to kill on that fateful morning, I would have done everything in my power to protect the American people.” [US President, 5/20/2002]
CBS anchorman Dan Rather tells the BBC that he and other journalists haven’t been properly investigating since 9/11. He says, “There was a time in South Africa that people would put flaming tires around people’s necks if they dissented. And in some ways the fear is that you will be necklaced here, you will have a flaming tire of lack of patriotism put around your neck. Now it is that fear that keeps journalists from asking the toughest of the tough questions.” [Guardian, 5/17/2002]
On May 16, 2002, CBS News broke the story that President Bush was given a Presidential Daily Briefing (PDB) one month before 9/11 entitled “Bin Laden Determined to Strike in US” (see May 15, 2002). Some Democratic politicians immediately criticized Bush for not acting on this before 9/11. The next day, White House Communications Director Dan Bartlett tells the Washington Post that such comments by Democrats “are exactly what our opponents, our enemies, want us to do.” The news website Salon comments, “This is the most direct statement by an administration official to date suggesting that dissent aids the enemy.” Senate Minority Leader Trent Lott (R-MS) similarly comments, “For us to be talking like our enemy is George W. Bush and not Osama bin Laden, that’s not right.” [Salon, 5/21/2002]
White House spokesman Ari Fleischer misstates the title of a key presidential daily brief item from August 2001 about al-Qaeda’s intentions to attack the US (see August 6, 2001). Fleischer says: “The president was aware that bin Laden, of course, as previous administrations have well known, that bin Laden was determined to strike the United States. In fact, the label on the president’s (presidential daily briefing) was ‘Bin Laden Determined to Strike the United States.’” [Fox News, 5/17/2002] Author Philip Shenon will later point out that “Fleischer had left out the title’s all-important preposition—‘in’ the United States.” [Shenon, 2008, pp. 214] The full title is “Bin Laden Determined to Strike in US.” [9/11 Commission, 7/24/2004, pp. 261] The Washington Post soon points out the misstatement: “White House press secretary Ari Fleischer told reporters yesterday […] the headline on the document was, ‘Bin Laden Determined to Strike the United States.’ But sources who have read the memo said the headline ended with the phrase ‘in US.’” [Washington Post, 5/19/2008]
A British MI5 officer calling himself “John” visits Muslim terror suspect Binyam Mohamed while Mohamed is in Pakistani custody (see April 10-May, 2002). Mohamed has already been extensively interrogated by Americans and tortured by his Pakistani captors. John, whom later court documents show is fully aware of what has been done to Mohamed, is accompanied by another man, whom Mohamed believes is either British or American. The American interrogators have already threatened to “rendition” Mohamed “somewhere where I would be tortured far worse, like Jordan or Egypt,” he will later recall. “I was given a cup of tea and asked for one sugar. The other guy told me, ‘You’ll need more than one sugar where you’re going.’” The interrogation centers on Mohamed’s knowledge of nuclear devices that Islamist militants might have, and he is asked for more details about the “spoof” Web site he had earlier mentioned. “They asked me about the A-bomb website and I told them it was a joke,” he says. “They wanted to know everything about my life in the UK and I gave them all the information I had. Later I realized that was part of my undoing: I told them the area I lived in had 10,000 Moroccans and was known as Little Morocco. The feedback I got later from the Americans was that because the Brits told them I had lived in a Moroccan area, they thought Moroccans would be more likely to make me talk. At the same time, they thought I must know something about what Moroccans were up to in London.” It is at this time that his American and British interrogators begin threatening to send him to Morocco to be interrogated and tortured. MI5 concludes, according to its own documents later revealed in court, that Mohamed and another prisoner are both “lying to protect themselves” and “evidently holding back.” It is during this period that MI5 begins supplying the Americans with questions and information to use during interrogation (see February 24, 2009). “John told me that if I cooperated he’d tell the Americans to be more lenient with my treatment,” Mohamed will later recall. In a confidential memo written by John to his superiors, the British agent writes: “I told Mohammed [sic] that he had an opportunity to help us and help himself. The US authorities will be deciding what to do with him and this would depend to a very large degree on his cooperation—I said that I could not and would not negotiate up front, but if he persuaded me he was cooperating fully then (and only then) I would explore what could be done for him with my US colleagues.… While he appeared happy to answer any questions, he was holding back a great deal of information on who and what he knew in the UK and in Afghanistan.” In July, Mohamed will be flown to Rabat, Morocco (see July 21, 2002 -- January 2004). [Daily Mail, 3/8/2009]
It is announced that Cofer Black, head of the CIA’s counterterrorism division for the last three years, has been assigned to another position. However, in 2004, six anonymous US intelligence officials will claim that, in fact, Black is removed by Defense Secretary Donald Rumsfeld because Black publicly revealed details of the US military’s failure to capture or kill bin Laden in Tora Bora, Afghanistan, in late 2001. Sources will call Black “very aggressive, very knowledgeable,” in fighting al-Qaeda. According to these sources, after the Tora Bora battle ended, an intelligence analysis determined that bin Laden had been trapped in Tora Bora, and deemed his escape a “significant defeat” for the US. Rumsfeld, however, disagreed with the criticism, and said there was not enough “solid evidence” to come to that conclusion. Black then spoke on deep background to the Washington Post, and on April 17, 2002, the Post called the failure to capture bin Laden “the gravest error in the war against al-Qaeda.”(see April 17, 2002) Rumsfeld learned about Black’s role and used his influence to get him removed. [United Press International, 7/29/2004]
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