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The Azerbaijani authorities turn Ahmed Muhammad al-Darbi, a Saudi they are holding (see June 2002), over to US agents. In 2009 Al-Darbi will issue a public statement alleging he is tortured by the US (see July 1, 2009), and a section of the statement concerning what these agents do to him in Azerbaijan will be redacted. However, an unredacted section says, “They then blindfolded me, wrapped their arms around my neck in a way that strangled me, and cursed at me.” Al-Darbi will later say he is frightened because he does not know who is holding him and where they are taking him. He will eventually be flown to Bagram Air Force Base in Afghanistan. [al-Darbi, 7/1/2009]
White House chief of staff Andrew Card forms the White House Iraq Group, or WHIG, which aims to “educate the public” about the alleged threat from Iraq. WHIG is formed concurrently with the Office of Special Plans (see September 2002). A senior official involved with the group will later describe it as “an internal working group, like many formed for priority issues, to make sure each part of the White House was fulfilling its responsibilities.” [Washington Post, 8/10/2003] According to White House deputy press secretary Scott McClellan, the WHIG is “set up in the summer of 2002 to coordinate the marketing of the [Iraq] war,” and will continue “as a strategic communications group after the invasion had toppled Saddam [Hussein]‘s regime.” McClellan, who will become a full-fledged member of the WHIG after rising to the position of senior press secretary, will write: “Some critics have suggested that sinister plans were discussed at the WHIG meetings to deliberately mislead the public. Not so. There were plenty of discussions about how to set the agenda and influence the narrative, but there was no conspiracy to intentionally deceive. Instead, there were straightforward discussions of communications strategies and messaging grounded in the familiar tactics of the permanent campaign.” [McClellan, 2008, pp. 142] Author Craig Unger will sum up the WHIG’s purpose up more bluntly: “to sell the war.” Members of the group include White House political advisers Karl Rove, Karen Hughes, Mary Matalin, James R. Wilkinson, and Nicholas E. Calio, and policy advisers led by National Security Adviser Condoleezza Rice, her deputy Stephen Hadley, and Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby. They meet weekly in the White House Situation Room. A “strategic communications” task force under the WHIG is charged with planning speeches and writing position papers. [Washington Post, 8/10/2003; Unger, 2007, pp. 241]
Marketing Fear, Idea of Invasion as Reasonable - After Labor Day 2002—and after suitable test marketing—the group launches a full-fledged media marketing campaign. The images and storyline are simple and visceral: imminent biological or chemical attack, threats of nuclear holocaust, Saddam Hussein as a psychopathic dictator who can only be stopped by American military force. A key element of the narrative is forged documents “proving” Iraq sought uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). One of the main objectives is to swing the dialogue ever farther to the right, creating the assumption in the public mind that war with Iraq is a thoughtful, moderate, well-reasoned position, and delegitimizing any opposition. To that end, Cheney stakes out the “moderate” position, with statements like “many of us are convinced that Saddam will acquire nuclear weapons fairly soon” (see August 26, 2002), and neoconservatives such as Michael Ledeen pushing the extremes ever rightward with calls to invade not only Iraq, but Iran, Syria, and Saudi Arabia (see September 20, 2001, August 6, 2002, and September 4, 2002). The real push is delayed until the second week of September. As Card reminds the group, “From a marketing point of view, you don’t introduce new products in August” (see September 6, 2002). The first anniversary of the 9/11 attacks is a perfect opportunity to launch the new campaign (see September 8, 2002). [Unger, 2007, pp. 250-251] Wilkinson, the group’s communications director, is tasked with preparing one of the group’s first public releases, a white paper that will describe the “grave and gathering danger” of Iraq’s “reconstituted” nuclear weapons program. Wilkinson will claim that Iraq “sought uranium oxide, an essential ingredient in the enrichment process, from Africa.” [CounterPunch, 11/9/2005]
'Push[ing] the Envelope' - According to an intelligence source interviewed by the New York Daily News in October 2005, the group, on “a number of occasions,” will attempt “to push the envelope on things.… The [CIA] would say, ‘We just don’t have the intelligence to substantiate that.’” [New York Daily News, 10/19/2005] In 2003, three unnamed officials will tell a Washington Post reporter that the group “wanted gripping images and stories not available in the hedged and austere language of intelligence,” what author and reporter Charlie Savage will call “a stark display of the political benefits that come with the power to control information.” [Savage, 2007, pp. 357] In 2008, McClellan will write of “the heightened rhetoric on Iraq, including unequivocal statements that made things sound more certain than was known.” [McClellan, 2008, pp. 137]
Using Friendly Media Outlets - An important part of the WHIG strategy is to feed their messages to friendly journalists, such as New York Times reporter Judith Miller. James Bamford, in his book A Pretext for War, will write: “First OSP [Office of Special Plans] supplies false or exaggerated intelligence; then members of the WHIG leak it to friendly reporters, complete with prepackaged vivid imagery; finally, when the story breaks, senior officials point to it as proof and parrot the unnamed quotes they or their colleagues previously supplied.” [Bamford, 2004, pp. 325]
Entity Tags: Stephen J. Hadley, Scott McClellan, Saddam Hussein, Nicholas E. Calio, White House Iraq Group, Lewis (“Scooter”) Libby, Condoleezza Rice, Mary Matalin, Andrew Card, Craig Unger, James Bamford, Charlie Savage, Karen Hughes, James R. Wilkinson, Karl C. Rove
Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing
Attorney General John Ashcroft is informed that a detainee has been waterboarded 119 times. The source of the notification is unclear, although it presumably comes from the agency doing the waterboarding, the CIA. [Central Intelligence Agency, 5/7/2004, pp. 50 ] The detainee is presumably Abu Zubaida, who was waterboarded at least 83 times (see May 2003), although it could also be Khalid Shaikh Mohammed, who was waterboarded 183 times (see April 18, 2009).
The Dartmouth Review, a conservative weekly student newspaper funded by off-campus right-wing sources (see 1980), prints on its online blog an op-ed by the previous year’s editor, Andrew Grossman. The editorial mocks recent efforts to bring hairstylists to Dartmouth who can cut African-Americans’ hair, and observes: “Future programs in a similar vein include bringing to campus a small troupe of number-runners and, in the fall, several New York based crack dealers. The Student Assembly is now in the process of creating a committee of New Black Panthers to replace the ‘Committee on Student Life.’ Expect an authentic ‘Ghetto Party’ no later than by the end of the fall term.” [Dartmouth Free Press, 9/20/2006] In 2003, the progressive publication The Nation will say that the Review runs the inflammatory article in an attempt to return to the “shock journalism” of its earlier days, and says the Review is trying to revive interest in, and donations to, the publication. [Nation, 2/17/2003]
Former UN weapons inspector Scott Ritter casts doubt on Salman Pak’s characterization as a terrorist training facility (see April 6, 2003), in an August 2002 interview later included in his book War on Iraq. Ritter says in part, “Iraqi defectors have been talking lately about the training camp at Salman Pak, south of Baghdad. They say there’s a Boeing aircraft there. That’s not true. There’s an Antonov aircraft of Russian manufacture. They say there are railroad mock-ups, bus mock-ups, buildings, and so on. These are all things you’d find in a hostage rescue training camp, which is what this camp was when it was built in the mid-1980s with British intelligence supervision. In fact, British SAS special operations forces were sent to help train the Iraqis in hostage rescue techniques. Any nation with a national airline and that is under attack from terrorists—and Iraq was, from Iran and Syria at the time would need this capability. Iraq operated Salman Pak as a hostage rescue training facility up until 1992. In 1992, because Iraq no longer had a functioning airline, and because their railroad system was inoperative, Iraq turned the facility over to the Iraqi Intelligence service, particularly the Department of External Threats. These are documented facts coming out of multiple sources from a variety of different countries. The Department of External Threats was created to deal with Kurdistan, in particular, the infusion of Islamic fundamentalist elements from Iran into Kurdistan. So, rather than being a camp dedicated to train Islamic fundamentalist terrorists, it was a camp dedicated to train Iraq to deal with Islamic fundamentalist terrorists. And they did so. Their number one target was the Islamic Kurdish party, which later grew into [Ansar al-Islam]. Now, Jeff Goldberg claimed in the New Yorker that [Ansar al-Islam] is funded by the Iraqi Intelligence service. But that’s exactly the opposite of reality: the Iraqis have been fighting Ansar for years now. Ansar comes out of Iran and is supported by Iranians. Iraq, as part of their ongoing war against Islamic fundamentalism, created a unit specifically designed to destroy these people. It would be ludicrous for Iraq to support al-Qaeda, either conventionally, as many have claimed, or even worse, to give it weapons of mass destruction…” [Ritter and Pitt, 9/25/2002]
Hussein Abdelkadr Youssouf Mustafa says he is administered pills before boarding a plane from Afghanistan to Guantanamo. “They pushed three or four pills into my mouth, drugs,” he says “I felt all the time I was between sleeping and waking.” [Independent, 1/8/2005] He was arrested on May 25, 2002 in Pakistan (see June 4, 2002-early August 2002).
Several Pentagon officials, including Deputy Defense Secretary Paul Wolfowitz, meet with the FBI’s assistant director for counterterrorism, Pat D’Amuro, to discuss the latest intelligence concerning the alleged April 2001 (see April 8, 2001) meeting between 9/11 plotter Mohamed Atta and Iraqi diplomat Ahmed Khalil Ibrahim Samir al-Ani. Wolfowitz pressures the FBI briefers to confirm that the Prague meeting had in fact happened. The FBI concedes that the occurrence of the meeting, though not proven, was at least possible. [Time, 9/2/2002]
British Prime Minister Tony Blair and US President George Bush discuss over the phone their intention to topple Saddam Hussein’s government. An unnamed White House official who later reads the transcripts of the 15-minute phone call will explain to Vanity Fair that it was clear from their conversation that the decision to invade Iraq had already been made. The magazine reports in April 2004: “Before the call, the official says, he had the impression that the probability of invasion was high, but still below 100 percent, Afterward, he says, ‘it was a done deal.’” [Vanity Fair, 5/2004, pp. 284]
A panel of experts on Iraq warns the Senate Foreign Relations Committee that administering Iraq after the toppling of Saddam’s government will be expensive and difficult. The panel says that “there are no obvious successors to Saddam Hussein and that the Bush administration should be prepared to help install and protect a pro-American government if it decides to topple him—a proposition, they added, that would be long and expensive,” the New York Times reports. “Nearly all the experts argued that setting up a stable, pro-Western government in Baghdad would require a huge infusion of aid and a long term commitment of American troops to maintain peace.” [New York Times, 8/2/2002] Phebe Marr, a professor from the National Defense University who has written prolifically on Iraq, tells the panel, “If the US is going to take the responsibility for removing the current leadership, it should assume that it cannot get the results it wants on the cheap.” Scott Feil, a retired Army colonel who studies postwar reconstruction programs, says that 75,000 troops will be needed in Iraq to stabilize the country after Saddam is removed from power. He estimates that such a deployment will cost in excess of $16 billion per year. After the first 12 months, the colonel says that the force could be reduced in number, possibly to as low as 5,000, though this military presence would have to be maintained for at least another five years. In contrast, Caspar W. Weinberger, the secretary of defense under President Ronald Reagan argues that the United States will not need to undertake a major effort in rebuilding Iraq. [New York Times, 8/2/2002]
The FBI names Steven Hatfill as a “person of interest” in the anthrax attacks (see October 5-November 21, 2001), the first person to be so named. The same day, the FBI conductis a second search of his house after tipping the media off in advance (see August 1, 2002). [Associated Press, 8/1/2002; London Times, 8/2/2002] CBS News initially reports: “Federal law enforcement sources told CBS News that Dr. Steven Hatfill was ‘the chief guy we’re looking at’ in the probe. The sources were careful not to use the word suspect, but said they were ‘zeroing in on this guy’ and that he is ‘the focus of the investigation.’” But later in the day their story is changed and that text is removed. Instead, Hatfill is referred to as “a bio-defense scientist on the FBI’s radar screen for months who’s now emerged as a central figure in the anthrax investigation.” [CBS News, 8/1/2002] On the same day, Barbara Hatch Rosenberg, one of the world’s top anthrax specialists, is interviewed by FBI agents who ask her whether a team of government scientists could be trying to frame Hatfill. Rosenberg has been very publicly critical of the FBI investigation. [Washington Times, 8/3/2002] She actually appears to be a key figure in getting the FBI to focus on Hatfill in the first place (see February-June 2002). Newsweek follows with a lengthy article purporting to detail the entire anthrax investigation, but it focuses entirely on Hatfill and fails to mention others involved in suspicious activities. [Newsweek, 8/4/2002] The Washington Post does a similar story focusing on Hatfill only, and even claims the US biowarfare program ended decades ago, despite revelations in late 2001 that it is still continuing. [Washington Post, 8/4/2002] Attorney General John Ashcroft calls Hatfill a “person of interest” on August 6. [Los Angeles Times, 6/29/2008]
A Justice Department grants administrator sends an e-mail to Louisiana State University’s biomedical research and training center, telling it to “immediately cease and desist” from employing researcher and 2001 anthrax attacks suspect Steven Hatfill on department-funded programs. The next day Hatfill is placed on administrative leave. [CNN, 9/5/2002; Los Angeles Times, 6/29/2008] On September 4, he is fired. [Associated Press, 9/4/2002] A day after that, the person who hired him is fired as well. [Associated Press, 9/5/2002] The LSU center relies on funding from the Justice Department for 97 percent of its money. [Weekly Standard, 9/16/2002] The New York Times will later report that “several senior law enforcement officials expressed embarrassment over the e-mail incident, saying the domestic preparedness office acted improperly because Mr. Hatfill has never been charged with any wrongdoing and has not been [officially] identified as a suspect.” [New York Times, 9/5/2002] Attorney General John Ashcroft and five FBI officials will later testify that they knew of no other instance in which the government had forced an investigative target out of a non-governmental job. [Los Angeles Times, 6/29/2008]
A television film crew at Steven Hatfill’s apartment on August 1, 2002. [Source: Alex Wong / Getty Images]The FBI conducts a second search of Steven Hatfill’s apartment on the same day he is officially named a “person of interest” in the 2001 anthrax attacks (see October 5-November 21, 2001). FBI agents are seen investigating his trash. [Associated Press, 8/1/2002; London Times, 8/2/2002] As with the first search of his apartment in June (see June 25, 2002), the media is tipped off in advance. An FBI agent involved in the search, Brad Garrett, will later say, “Obviously, someone told them we were going to do that search.” FBI agent Robert Roth, also part of the search, will call the tip offs “just ridiculous.” The fact that the search is made with a court issued warrant is also leaked to the media, implying that Hatfill is no longer cooperating with investigators when in fact he still is. [Los Angeles Times, 6/29/2008]
In 2007, author Craig Unger will observe that during the eight months of the administration’s strongest push for war with Iraq (between August 2002 and March 2003), the Washington Post runs about 190 front-page articles making the administration’s case for war, and 27 pro-war editorials—about one every nine days. Antiwar reports are given much less coverage. When 100,000 people march against the war in Washington, the largest antiwar demonstration since the Vietnam War, the Post buries the story in its Metro section. The Post is joined in slanting its coverage by other newspapers and even more openly on network and cable news broadcasts. Saddam Hussein is routinely, and effectively, conflated with 9/11, and the “smoking gun-mushroom cloud” trope (see September 4, 2002) is reported over and over again in TV news broadcasts. Unger will call it the “all fear all the time” campaign (see August 2002). By late September 2002, over half of Americans polled believe that Saddam was responsible for the 9/11 attacks, and 72 percent believe that Saddam will attack the US with chemical or biological weapons. Republican pollster David Winston explains, “The reaction that you’re getting from the American people is, for the first time, their personal safety and security is threatened in a way that it’s never been before, and they want action.” [Unger, 2007, pp. 255-256]
Military planners in the US’s Central Command (CENTCOM) finalize their plans for invading Iraq. “[T]he end state for this operation is regime change [with] an acceptable provisional/permanent government in place,” the plans read. However, the plans do not tell how the goal of an acceptable, permanent government will be achieved. They do not even address what US troops should do once they reach Baghdad. Public policy professor Alasdair Roberts will later write that there are what he will call two main reasons for “CENTCOM’s neglect.” One, “occupation and reconstruction [are] not a core function for the military” (see May 14, 2004). The military has no real component for performing such tasks, and most military commanders have little interest in the subject, Roberts will write. Two, other government agencies, most notably the State Department, have responsibility for this subject. CENTCOM commander General Tommy Franks tells subordinates that once Saddam Hussein is overthrown, the State Department will take the lead in directing the occupation and reconstruction. [Roberts, 2008, pp. 125]
General Frederick Kroesen. [Source: US Army]General Frederick Kroesen, a former commander of US forces in Europe, warns that the Pentagon seems to be embarking on a “campaign based on hope” in its planning for an Iraq invasion and occupation. If the Defense Department’s assumptions of an easy victory and a welcoming populace prove faulty, Kroesen warns, the occupation could become a disaster. [Roberts, 2008, pp. 141]
Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 ] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see April 2002 and After). [ABC News, 4/9/2008]
Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007]
Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004]
Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004]
Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156]
Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004]
Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007]
Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004]
Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004).
Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007]
Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel (DOJ), David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 ] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]
Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” [Office of Legal Counsel, 8/1/2002 ; CNN, 4/17/2009]
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. [American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Entity Tags: John Rizzo, Central Intelligence Agency, Bush administration (43), Office of Legal Counsel (DOJ), Jay S. Bybee, American Civil Liberties Union, John C. Yoo, US Department of Justice, Senate Intelligence Committee, Abu Zubaida, Alberto R. Gonzales
Timeline Tags: Torture of US Captives
Shayna Steinger, a consular officer who issued 12 visas to the 9/11 hijackers (see July 1, 2000), gives incorrect testimony about one of the visa issuances to the House Committee on Government Reform. The incorrect testimony concerns the issue of a visa to Hani Hanjour, the alleged pilot of Flight 77, which hit the Pentagon. Steinger initially refused to grant Hanjour a visa (see September 10, 2000), but then reversed her decision two weeks later (see September 25, 2000). Steinger claims that she initially denied Hanjour a visa because he applied under the Visa Express program. However, the visa was denied in September 2000 and the Visa Express program did not begin until May 2001 (see May 2001). Steinger claims to have a memory of the event which cannot be correct. “I remember that I had refused him for interview, because he had applied for a tourist visa and he said that his reason for going to the United States was to study,” she tells the committee. The denial was “for administrative reasons,” she adds. It meant: “No. Come in. I want to talk to you.” The 9/11 Commission will point out that this cannot have been the case, stating, “In fact, the date Hanjour applied (as shown on his written application) and the date he was denied (as shown both on the application and on [the State Department’s] electronic records) are the same: September 10, 2000.” [9/11 Commission, 8/21/2004, pp. 37-38 ] This is apparently the first time Steinger has been interviewed by anyone about the 12 visa issuances. [Office of the Inspector General (US Department of State), 1/30/2003] Steinger will be interviewed twice more about the visas, changing her story about Hanjour. One interview is by the State Department’s inspector general (see January 20, 2003), the other by the 9/11 Commission (see December 30, 2003).
More than 50 countries sign “Article 98” agreements with the US under threat of losing US military aid. Article 98 agreements, so called because the US claims they have a legal basis in Article 98 of the Rome Statute (see July 17, 1998), are bilateral immunity agreements (BIA) that prohibit both parties from extraditing the other’s current or former government officials, military and other personnel to the International Criminal Court (ICC) . With the exception of a few close allies, countries that are party to the ICC (see July 17, 1998) and have not signed the agreements will become ineligible for US military aid when on July 1, 2003 (see July 1, 2003) Section 2007 of the American Servicemembers’ Protection Act (see August 2, 2002) goes into effect. The Bush administration hopes that the “Article 98” agreements will protect US troops and officials from being prosecuted by the International Criminal Court (ICC) for any alleged war crimes committed in a country that is party to the court. Critics say the BIAs are inexcusable attempts to gain impunity from war crimes. Some countries sign the agreement despite popular opposition and ask the Bush administration not to make the agreements public. [CNS News, 8/5/2002; New York Times, 8/7/2002; New York Times, 8/10/2002; Coalition for the International Court, 9/2003 ]
This unnamed Pakistani intelligence agent was captured on undercover video in January 2001 as part of Operation Diamondback. [Source: Dateline NBC]MSNBC airs recordings informant Randy Glass made of arms dealers and Pakistani ISI agents attempting to buy nuclear material and other illegal weapons for bin Laden. [MSNBC, 8/2/2002] Meanwhile, it is reported that federal investigators are re-examining the arms smuggling case involving Glass “to determine whether agents of the Pakistani government tried to buy missiles and nuclear weapons components in the United States last year for use by terrorists or Pakistan’s military.” [Washington Post, 8/2/2002] Two such ISI agents, Rajaa Gulum Abbas and Abdul Malik, are already secretly indicted by this time. But Glass still says, “The government knows about those involved in my case who were never charged, never deported, who actively took part in bringing terrorists into our country to meet with me and undercover agents.” [Cox News Service, 8/2/2002] One such person may be a former Egyptian judge named Shireen Shawky, who was interested in buying weapons for the Taliban and attended a meeting in July 1999 in which ISI agent Rajaa Gulum Abbas said the WTC would be destroyed. [MSNBC, 8/2/2002; WPBF 25 (West Palm Beach), 8/5/2002] Others not charged may include Mohamed el Amir and Dr. Magdy el Amir.
Entity Tags: Randy Glass, Taliban, World Trade Center, Rajaa Gulum Abbas, Shireen Shawky, Pakistan, Mohamed el Amir, Osama bin Laden, Pakistan Directorate for Inter-Services Intelligence, Magdy el Amir, Abdul Malik
Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network
A federal judge rules that the Bush administration must reveal the identities of the hundreds of people secretly arrested after the 9/11 attacks within 15 days. [Washington Post, 8/3/2002] The judge calls the secret arrests “odious to a democratic society.” The New York Times applauds the decision and notes that the government’s argument that terrorist groups could exploit the release of the names makes no sense, because the detainees were allowed a phone call to notify anyone that they were being held. [New York Times, 8/6/2002] Two weeks later, the same judge agrees to postpone the release of the names until an appeals court can rule on the matter. [New York Times, 8/16/2002]
US President George Bush signs the American Servicemembers’ Protection Act (HR 4775), making it Public Law 107-206. Section 2007, written by Representative Tom DeLay of Texas, prohibits the United States from providing military assistance to any nation that is party to the International Criminal Court (see July 17, 1998). Only countries that receive a special waiver from the president or that sign so-called “Article 98” agreements (see August 2002-July 1, 2003) will be exempt from the prohibition. The exemption is also extended to a select few other counties (Taiwan, NATO members, and “major non-NATO allies” like Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand). Section 2007 will go into effect on July 1, 2003, one year after the Rome Statute entered into force. Section 2008 of HR 4775 gives the president authority to use “all means necessary and appropriate to bring about the release of any person… being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.” [US Congress, 7/24/2002; New York Times, 8/10/2002]
After the FBI publicly names Steven Hatfill as a “person of interest” in the anthrax investigation on August 1, 2002 (see August 1, 2002), FBI leaders become increasingly fixated on him and fail to follow up on other leads. One anonymous FBI agent involved in the case will later say: “They exhausted a tremendous amount of time and energy on him… I’m still convinced that whatever seemed interesting or worth pursuing was just basically nullified in the months or year following when ‘person of interest’ came out about Hatfill.” Other possibilities are neglected because it is assumed in the FBI that “sooner or later they’ll have this guy nailed.” Another anonymous FBI investigator will say: “Particular management people felt, ‘He is the right guy. If we only put this amount of energy into him, we’ll get to the end of the rainbow.’ Did it take energy away? It had to have. Because you can’t pull up another hundred agents and say, ‘You go work these leads [that] these guys can’t because they’re just focused on Hatfill.’” The Los Angeles Times will later comment, “The preoccupation with Hatfill persisted for years, long after investigators failed to turn up any evidence linking him to the mailings.” [Los Angeles Times, 6/29/2008]
Senator Richard Shelby.
[Source: US Senate]The Washington Post reveals that FBI agents have questioned nearly all 37 senators and congresspeople making up the 9/1 Congressional Inquiry about 9/11-related information leaks. In particular, in June 2002 the media reported that the day before 9/11 the NSA intercepted the messages “The match is about to begin” and “Tomorrow is zero hour”(see September 10, 2001). The FBI has asked the members to submit to lie detector tests but most have refused. Congresspeople express “grave concern” for this historically unprecedented move. A law professor states: “Now the FBI can open dossiers on every member and staffer and develop full information on them. It creates a great chilling effect on those who would be critical of the FBI.” [Washington Post, 8/2/2002] Senator John McCain (R-AZ) suggests that “the constitutional separation of powers is being violated in spirit if not in the letter. ‘What you have here is an organization compiling dossiers on people who are investigating the same organization. The administration bitterly complains about some leaks out of a committee, but meanwhile leaks abound about secret war plans for fighting a war against Saddam Hussein. What’s that about? There’s a bit of a contradiction here, if not a double standard.’” [Washington Post, 8/3/2002] Later the search for the source of the leak intensifies to unprecedented levels as the FBI asks 17 senators to turn over phone records, appointment calendars, and schedules that would reveal their possible contact with reporters. [Washington Post, 8/24/2002] Most, if not all, turn over the records, even as some complain that the request breaches the separation of powers between the executive and legislative branches. One senator says the FBI is “trying to put a damper on our activities and I think they will be successful.” [Associated Press, 8/29/2002] In January 2004, it will be reported that the probe is focusing on Sen. Richard Shelby (R-AL). He will not be charged with any crime relating to the leak. [Washington Post, 1/22/2004] In November 2005, the Senate Ethics Committee will announce it has dropped a probe of Shelby, citing insufficient evidence. [Reuters, 11/13/2005] Inquiry co-chair Sen. Bob Graham (D-FL) will write in a book in late 2004 that, at the time, he guessed “the leak was intended to sabotage [the inquiry’s] efforts. I am not by nature a conspiracy theorist, but the fact that we were hit with this disclosure at the moment we began to make things uncomfortable for the Bush administration has stuck with me. Over a year later, I asked [inquiry co-chair] Congressman [Porter] Goss (R-FL) whether he thought we had been set up. Nodding, he replied, ‘I often wonder that myself.’” [Graham and Nussbaum, 2004, pp. 140] Author Philip Shenon will observe that this tactic of intimidation worked, as “Members of the joint committee and their staffs were frightened into silence about the investigation.” [Shenon, 2008, pp. 55]
District Court Judge Emmet Sullivan rules that if Vice President Dick Cheney wants to have him dismiss a lawsuit brought by the watchdog organization Judicial Watch (see June 25, 2001), Cheney must show him the task force documents so that he can make an informed decision. No one else would see the documents, Sullivan says, and he cites a 1993 ruling forcing the Clinton health care task force to reveal its source documents and allow a judge to decide whether that task force had had outside lobbyists directly participating in its work. Judicial Watch’s director of investigations, Chris Farrell, is jubilant over Sullivan’s ruling. “It was very encouraging,” he will later recall. “It looked like the judge had the intellectual honesty and courage to at least give it an evaluation and a fair look. If, in fact, everything the administration was saying was true, then the judge would look at it and draw that conclusion. At least then the public would have some sense of confidence and trust that the right thing was being done, because a fresh set of eyes had looked at it. Without that check, you don’t know.” But Cheney refuses to comply with the order, and instead appeals Sullivan’s decision, asking an appeals court to summarily dismiss Sullivan’s ruling without first making Cheney show the documents to a judge. The appeals court will turn Cheney down, paving the way for a Supreme Court hearing (see December 15, 2003). [Savage, 2007, pp. 160-161]
According to his own later statement (see July 1, 2009), Saudi detainee Ahmed Muhammad al-Darbi is tortured at Bagram Air Force Base by US forces. During the approximately eight months he is held at Bagram, al-Darbi is allegedly subjected to:
Isolation during the first two weeks, when he does not even know he is in Afghanistan;
Stress positions. He will say: “While I was questioned, I was kept for many hours in painful positions. For example, I would be forced to kneel with my hands cuffed above my head”;
Sleep deprivation—because he is forced to maintain the stress positions overnight, he cannot sleep;
Hooding, including during the interrogations. He will say: “The hood they used had a sort of rope or drawstring that they would pull tight around my neck. The darkness, combined with little sleep, would leave me disoriented”;
Bright lights in a cell where he is kept;
Denial of time to pray;
Insufficient food, which was “inedible”;
Photos are taken that humiliate him. His hood is taken off on these occasions and there are “several US agents, male and female, standing around”;
US officials allegedly spray water on his face and then blow a powder he will later say may have been pepper onto him. The water absorbs the powder, which burns his skin and makes his nose run;
Hairs are ripped from his chest and head by US personnel; and
US officials threaten to send him to Israeli, Egyptian, or Afghan jails for torture and rape.
Al-Darbi will also say that a US solider named Damien Corsetti is often present during the interrogations. Corsetti, a “big, heavy man,” sometimes steps on al-Darbi’s handcuffs while he is lying on the floor with his arms above his head, causing them to tighten around his wrists. On one occasion, Corsetti kneels on his chest, pressing down with all his weight until he stops breathing and another guard pulls Corsetti off.
False Statements - Al-Darbi makes a number of statements incriminating himself at Bagram, but will later say that they are false, adding: “The military guards and interrogators would show me pictures of people, and told me I must identify them and confess things about them. After they tortured me, I would say what they wanted me to say. I was fed detailed statements and names of individuals to whom I was to attribute certain activities.” The military personnel then say he has to repeat these statements to other interrogators, from the FBI, and they will continue to abuse him if he does not do so. Al-Darbi repeats the statements to three FBI agents, two of whom he knows as “Tom” and “Jerry,” but does not sign a written statement.
'Hard Labor' - Al-Darbi is also forced to perform what he will call “degrading, hard labor” at Bagram. This consists of replacing the full port-a-potty buckets with empty buckets, sweeping the floor, and, on one occasion, scrubbing the entire floor with a toothbrush. In addition, he is forced to carry boxes filled with water bottles while his hands are cuffed together, which allegedly causes him sciatic and back pain for several years.
Witnessing the Abuse of Dilawar - Al-Darbi will also say that he witnesses the abuse of an Afghan prisoner called Dilawar (see December 5-9, 2002), who is shackled up in a cage near where he is held. [al-Darbi, 7/1/2009]
According to Sen. Bob Graham (D-FL), the 9/11 Congressional Inquiry he co-chairs later will uncover a CIA memo written on this date. The author of the memo writes about hijackers Khalid Almihdhar and Nawaf Alhazmi and concludes that there is “incontrovertible evidence that there is support for these terrorists within the Saudi government.” [Graham and Nussbaum, 2004, pp. 169] Apparently, this memo will be discussed in the completely censored section of the Inquiry’s final report that deals with foreign government involvement in the 9/11 plot (see August 1-3, 2003). Osama Basnan, one of the key players in a suspected transfer of funds from the Saudi government to these two hijackers, is arrested in the US a few weeks after this memo is written, but he will be deported two months after that (see August 22-November 2002).
Kevin Ryan. [Source: Health Web Summit]Kevin Ryan is sworn in as the US Attorney for the Northern District of California. A former deputy district attorney, Ryan has served as a municipal court judge in San Francisco and a California Superior Court judge. [CBS News, 2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] Ryan comes in after the strong but contentious tenure of his predecessor, Robert Mueller, who left in 2001 to head the FBI. Mueller was succeeded for a year by interim US Attorney David Shapiro. Mueller came to the Northern District in 1998, after his predecessor, Michael Yamaguchi, resigned under fire for letting the office’s morale sink and the caseload dwindle. Mueller fired a dozen supervisors in his first six months on the job and pushed his staff to file more cases. His critics termed Mueller a dictator, but “Main Justice” in Washington considered him a star. He revamped the office and refurbished its reputation, and successfully prosecuted several high-profile cases. When Mueller left to join the FBI, the Justice Department wanted to find someone equally capable to replace him. Ryan is not only a respected judge, but a devoted Republican who routinely listens to Rush Limbaugh in his court chambers. Former federal prosecutor Rory Little says of Ryan: “He’s a real Boy Scout. He believes in the work.” Yamaguchi’s predecessor, Joseph Russoniello, chaired the search committee that selected Ryan for the job. Russoniello said that although Ryan lacks federal court experience, that deficiency should not hinder his ability to head the office. In 2002, he told a reporter, “What is important is the capacity to manage a lot of people who do have a deep understanding of the rules.” [SF Weekly, 10/4/2006] There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. [US Department of Justice, Office of the Inspector General, 9/29/2008]
On June 25, 2002, and again on August 1, 2002, the FBI conducts searches of Steven Hatfill’s apartment, and the media is tipped off in advance. Some FBI agents are upset at the lax security allowing the leaks (see June 25, 2002 and August 1, 2002). At some point after the second search, an unnamed FBI official recommends a criminal probe of the leaks with mandatory polygraph tests. However, according to later court testimony by FBI agent Robert Roth, FBI Director Robert Mueller opposes the idea. Mueller says: “I don’t want to do that.… It’s bad for morale to go after these people.” Apparently, no action is taken and the leaks continue. [Los Angeles Times, 6/29/2008] In at least one media leak in August 2002, it will later be found that one of the leakers was Van Harp, the head of the FBI’s anthrax investigation (see August 4, 2002).
Washington Post syndicated columnist Charles Krauthammer, speaking on “Inside Washington” in a discussion with fellow Post columnist Charlie King and Post military reporter Thomas Ricks, argues in favor of the Bush administration’s policy on Iraq. At one point, moderator Gordan Petersons asks what the US should do after deposing Saddam Hussein. Krauthammer responds: “We don’t speak about exit strategies; this is not Bosnia, or Haiti, or the Balkans. This is very important, everybody understands it, we are not going to run away. We are going to get there, and we are going to stay. We are going to try to make a reasonably civil society, reasonably pro-American, a good influence on the neighbors, and disarmed. That’s a large undertaking, and I think we are absolutely [unintelligible] everybody who is supporting the war or the invasion is in favor of staying and doing the job.” When Thomas Ricks notes that Krauthammer’s proposal would involve nine of the US Army’s ten active-duty divisions, he counters, “That assumption is entirely unwarranted. I think we will be accepted as liberators, as we were in Afghanistan.” He also shoots down a comment from Peterson referring to the cost of invading Iraq. “If we win the war, we are in control of Iraq, it is the single largest source of oil in the world, it’s got huge reserves, which have been suppressed because of Iraq’s actions, and Saddam’s. We will have a bonanza, a financial one, at the other end, if the war is successful,” Krauthammer explains. [WUSATV, 8/3/2002; Unger, 2007, pp. 289]
An article in Time magazine briefly mentions a key meeting between the CIA and National Security Adviser Condoleezza Rice, where top CIA officials warned Rice of an impending attack (see July 10, 2001). The meeting will be left out of the 9/11 Commission report, although CIA Director George Tenet will tell the Commission about it (see January 28, 2004). Time writes: “In mid-July, Tenet sat down for a special meeting with Rice and aides. ‘George briefed Condi that there was going to be a major attack,’ says an official; another, who was present at the meeting, says Tenet broke out a huge wall chart… with dozens of threats. Tenet couldn’t rule out a domestic attack but thought it more likely that al-Qaeda would strike overseas.” [Time, 8/4/2002] According to a transcript of Tenet’s testimony to the 9/11 Commission, he told Rice there could be an al-Qaeda attack in weeks or perhaps months, that there would be multiple, simultaneous attacks causing major human casualties, and that the focus would be US targets, facilities, or interests. As Time reports, Tenet says the intelligence focuses on an overseas attack, but a domestic attack could not be ruled out. [Washington Post, 10/3/2006] News of the meeting will emerge in 2006 (see September 29, 2006), but the 9/11 Commission members will deny they were told about it. After the transcript is shared with reporters, they will reverse their denials (see September 30-October 3, 2006). Rice will also deny the meeting took place, only to reverse her position as well (see October 1-2, 2006).
Roscoe Howard Jr. [Source: Associated Press]Newsweek reports that bloodhounds have recently been used in the search for the killer in the 2001 anthrax attacks (see October 5-November 21, 2001). Supposedly, the dogs were presented with “scent packs” lifted from anthrax-tainted letters mailed the year before, even though the letters had long since been decontaminated. The dogs reportedly showed no reaction wherever they were sent, except when taken to the apartment of anthrax suspect Steven Hatfill, where the dogs reportedly become agitated and go “crazy.” It is said they showed similar reactions at the apartment of Hatfill’s girlfriend and a Denny’s restaurant in Louisiana where Hatfill had eaten the day before. [Newsweek, 8/4/2002] However, three days later, the Baltimore Sun reports that managers at all 12 of the Denny’s in Louisiana say they have not been visited by federal agents with bloodhounds. Furthermore, three veteran bloodhound handlers are interviewed and say they are skeptical that any useful scent could have remained on the letters after so much time, as well as after the decontamination. Former officer and bloodhound handler Weldon Wood says, “Anything is possible. But is it feasible, after this length of time and what the letters have been through? I would doubt it.” The Sun suggests, “the possibility exists that the story was a leak calculated to put pressure on Hatfill.” [Baltimore Sun, 8/8/2002] Investigators will later conclude that the dogs’ excitement is useless as evidence. Van Harp, the FBI official in charge of the anthrax investigation, and Roscoe Howard Jr., the US attorney for Washington, DC, will later admit they leaked the bloodhound story to Newsweek. [Los Angeles Times, 6/29/2008]
Brent Scowcroft, a Bush foreign affairs adviser who has been marginalized and scorned by administration neoconservatives (see October 16, 2001 and March 2002), appears on CBS’s “Face the Nation” to make his case that the US should not invade Iraq. Scowcroft, with the blessing of his friend and patron George H. W. Bush, is in the midst of a one-man media blitz, having already appeared on Fox News and the BBC to argue his position (see September 1998). The administration’s other high-profile centrists, Secretary of State Colin Powell and National Security Adviser Condoleezza Rice, have refused to publicly disagree with the administration’s push for war. [Unger, 2007, pp. 242-243] Scowcroft warns that a unilateral invasion of Iraq could destabilize the Middle East and undermine efforts to defeat international anti-American militant groups. He says: “It’s a matter of setting your priorities. There’s no question that Saddam is a problem. He has already launched two wars and spent all the resources he can working on his military. But the president has announced that terrorism is our number one focus. Saddam [Hussein] is a problem, but he’s not a problem because of terrorism. I think we could have an explosion in the Middle East. It could turn the whole region into a cauldron and destroy the war on terror.” [London Times, 8/5/2002]
Senator Chuck Hagel (R-NE) warns that any invasion and subsequent occupation of Iraq will be more difficult and prolonged than the Bush administration is acknowledging. On CBS’s Face the Nation, Hagel reminds viewers, “[W]e haven’t been in there [Iraq] for four years.” He continues: “We haven’t had any UN inspectors in there for four years. Our intelligence is limited. We have to rely on second-, third-party intelligence from other nations, as well as our own intelligence.… And this nonsense about some antiseptic air war is going to do it, that’s folly. The fact is that we’re going to go in there. We need to go in there with all the might we can to finish the job and do it right. And that’s going to require ground troops.” When asked how many ground troops, Hagel responds: “I don’t know what that is.… Some of the numbers that we heard are 250,000, 200,000. But as I said this week, if you think you’re going to drop the 82nd Airborne in Baghdad and finish the job, I think you’ve been watching too many John Wayne movies.” [CBS News, 8/4/2002] Hagel will vote “yes” to authorize the war (see October 10, 2002). [Rich, 2006, pp. 61-62]
After dinner at the White House, Secretary of State Colin Powell speaks privately with George W. Bush and convinces him that international backing would be crucial for an invasion of Iraq and the inevitable occupation that would follow. Powell cites polls which indicate that a majority of Americans favor seeking a UN resolution. Bush reluctantly agrees. [Vanity Fair, 5/2004, pp. 284]
On August 4, 2002, retired Lt. Gen. Brent Scowcroft said that if the US invades Iraq: “I think we could have an explosion in the Middle East. It could turn the whole region into a cauldron and destroy the War on Terror” (see October 16, 2001, March 2002, and August 4, 2002). On August 6, prominent neoconservative author and sometime intelligence agent Michael Ledeen, who is an informal White House adviser and a sometimes-vituperative advocate for the US invasion of Iraq, mocks Scowcroft. Writing in his weekly column for the National Review, Ledeen says: “It’s always reassuring to hear Brent Scowcroft attack one’s cherished convictions; it makes one cherish them all the more.… One can only hope that we turn the region into a cauldron, and faster, please. If ever there were a region that richly deserved being cauldronized, it is the Middle East today. If we wage the war effectively, we will bring down the terror regimes in Iraq, Iran, and Syria, and either bring down the Saudi monarchy or force it to abandon its global assembly line to indoctrinate young terrorists. That’s our mission in the war against terror.” [National Review, 8/6/2002; Unger, 2007, pp. 231] Author Craig Unger will later comment: “‘Faster, please,’ became [Ledeen’s] mantra, repeated incessantly in his National Review columns. Rhapsodizing about war week after week, in the aftermath of 9/11, seemingly intoxicated by the grandiosity of his fury, Ledeen became the chief rhetorician for neoconservative visionaries who wanted to remake the Middle East.” [Unger, 2007, pp. 231]
Speaking to the Commonwealth Club of California in San Francisco, Vice President Dick Cheney states, “Many of us, I think, are skeptical that simply returning the inspectors will solve the problem. A debate with [Saddam Hussein] over inspectors simply, I think, would be an effort by him to obfuscate, delay and avoid having to live up to the accords that he signed up to at the end of the Gulf war.” In the speech, he also tells his audience that Hussein “sits on top of 10 per cent of the world’s oil reserves. He has enormous wealth being generated by that,” adding, “And left to his own devices, it’s the judgment of many of us that in the not too distant future he will acquire nuclear weapons.” [New York Times, 8/7/2002; Observer, 8/11/2002]
The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
He is forced to wear women’s underwear on his head and to put on a bra.
He is threatened by dogs, placed on a leash, and told that his mother was a whore.
He is stripped naked, shaved, and forced to bark like a dog.
He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
He is forced to live in a cell deprived of heat
He is given large quantities of intravenous liquids and denied access to a toilet
He is deprived of sleep for days on end.
He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]
A Newsweek article suggests that some of President Bush’s advisers advocate not only attacking Iraq, but also Saudi Arabia, Iran, North Korea, Syria, Egypt, and Burma, shocking many. One senior British official tells the magazine: “Everyone wants to go to Baghdad. Real men want to go to Tehran.” [Newsweek, 8/11/2002; Newsweek, 8/11/2002] In February 2003, US Undersecretary of State John Bolton will say in meetings with Israeli officials that he has no doubt America will attack Iraq, and that it will be necessary to deal with threats from Syria, Iran, and North Korea afterward. This is largely unreported in the US media. [Ha'aretz, 2/17/2003; St. Petersburg Times, 2/19/2003; WorldNetDaily, 2/25/2003] In April 2003, former CIA Director James Woolsey will say that the US is engaged in a “world war,” where the enemies include not only Islamic extremists like al-Qaeda, but also the religious rulers of Iran, and the “fascists” of Iraq and Syria (see April 3, 2003). [Observer, 4/6/2003] Wesley Clark, the former NATO supreme allied commander, later recalls having been told of a Defense Department plan to take out “seven countries in five years,” beginning with Iraq and Syria, and ending with Iran (see Early November 2001). [Salon, 10/12/2007]
It is reported on ABC World News Tonight that Steven Hatfill is “known as a person who has worked around anthrax experts, although the FBI concedes he could not himself make anthrax, does not have what they call ‘the bench skills’ to make it.” Hatfill is the FBI’s only publicly named suspect in the 2001 anthrax attacks at this time (see October 5-November 21, 2001 and August 1, 2002). [ABC News, 8/11/2002] But despite this, the FBI will continue to focus on Hatfill for years and apparently will not even consider the possibility of accomplices.
Hatfill holding a press conference on August 11, 2002. [Source: Associated Press / Rick Bowner]Anthrax suspect Steven Hatfill defends himself in a public speech and Washington Post interview. He claims that he is being set up as the “fall guy” for the anthrax attacks. He says his life “has been completely and utterly destroyed,” and he has twice lost a job due to the allegations. His lawyer also accuses the FBI of leaking documents to the press and conducting searches of Hatfill’s residence in a highly visible way when a more discreet method could have been arranged. [Washington Post, 8/11/2002; Fox News, 8/12/2002]
Activists with the Earth Liberation Front (ELF—see 1997) claim responsibility for an arson attack on a US Forest Service research facility in Irvine, Pennsylvania, that causes over $700,000 in damages. ELF issues a statement suggesting that it is willing to take even more drastic measures to force the US government to stop its depredations against the environment. The statement says, “While innocent life will never be harmed in any action we undertake, where it is necessary, we will no longer hesitate to pick up the gun to implement justice, and provide the needed protection for our planet that decades of legal battles, pleading, protest, and economic sabotage have failed so drastically to achieve.” [Anti-Defamation League, 2005; Anarchist News, 9/11/2008]
Former Secretary of State Henry Kissinger writes an op-ed piece which is published in the paper edition of Washington Post. In it, Kissinger argues against a unilateral preemptive strike against Iraq without first creating a new international security framework that allows for nations to conduct preemptive strikes only under specific limited conditions. Otherwise, Kissinger argues, such an action would set a dangerous precedent that other nations might attempt to use in justifying their own policies. [London Times, 8/13/2002; New York Times, 8/16/2002; Fox News, 8/16/2002; Independent, 8/17/2002]
Former Secretary of State Henry Kissinger joins Secretary of State Colin L. Powell and his advisers for a meeting. Describing the meeting, the New York Times reports three days later that they “have decided that they should focus international discussion on how Iraq would be governed after Mr. Hussein—not only in an effort to assure a democracy but as a way to outflank administration hawks and slow the rush to war, which many in the department oppose.” [New York Times, 8/16/2002]
The Independent carries a story entitled, “Unanswered Questions: The Mystery of Flight 93,” a rare critique of the official version of events around that plane’s crash. Most of the information is a summation of what was reported before. However, there is one interesting new theory. Theorizing why witnesses did not see smoke from the faltering plane, the article points to the 1996 research of Harvard academic Elaine Scarry, “showing that the Air Force and the Pentagon have conducted extensive research on ‘electronic warfare applications’ with the possible capacity to intentionally disrupt the mechanisms of an aeroplane in such a way as to provoke, for example, an uncontrollable dive. Scarry also reports that US Customs aircraft are already equipped with such weaponry; as are some C-130 Air Force transport planes. The FBI has stated that, apart from the enigmatic Falcon business jet, there was a C-130 military cargo plane within 25 miles of the passenger jet when it crashed (see September 14, 2001). According to the Scarry findings, in 1995 the Air Force installed ‘electronic suites’ in at least 28 of its C-130s—capable, among other things, of emitting lethal jamming signals.” [New York Times Magazine, 11/19/2000; Independent, 8/13/2002]
US Attorney Bud Cummins of the Eastern District of Arkansas writes a letter of appreciation to Timothy Griffin, the research director and deputy communications director of the Republican National Committee. Griffin recently served as a Special Assistant US Attorney in Cummins’s office. Cummins writes that “you performed at the highest level of excellence during your time here… served the office extremely well,” and “indicted more people during your time here than any other AUSA. You were a real workhorse, and the quality of your work was excellent.” He praises Griffin for planning, organizing, and implementing “an awesome” Project Safe Neighborhoods (PSN) program, a Justice Department initiative focused on reducing gun violence in American communities. “I am not aware of a better PSN program in the country,” he writes. “You should be pleased to know that our PSN program was highly recognized and commended in a recent department evaluation” (see April or August 2002). [US House of Representatives, Committee on the Judiciary, 5/21/2007 ]
The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton. [Source: Jill Becker / The New York Times]The Times of Trenton, a Trenton, New Jersey, newspaper, reports that there are doubts about the FBI’s recent claim that the mailbox where the anthrax letters were sent has been found (see December 2001-Early August 2002). The newspaper reports, “[I]nvestigators say it is impossible at this point, and might never be determined, whether the Nassau Street mailbox was a point of origin for one of the letters or if it became contaminated through contact with other mail or equipment containing traces of anthrax.” FBI agent Ken Shuey, in charge of the FBI’s temporary field office based in Trenton, says, [W]e can’t say with certainty where the letters entered the mail system until we have some other corroboration or someone confesses.” The difficulty is that the mailbox served two purposes: members of the public could drop letters in it, but it was also used to hold sorted mail for letter carriers to deliver. The mailbox is the only one out of about 650 mailboxes in the area to test positive for anthrax, but there seems to be no way to tell if the anthrax was from letters placed directly into it or cross-contamination by letters from other nearby mailboxes that were passing through it. State Health Commissioner Clifton Lacy says he suspects cross-contamination is to blame for the anthrax detection. FBI spokesperson Bill Evanina says: “We have no idea. It could be something that was placed in the box or it could be cross-contamination. It is way, way too early to tell.” [Times of Trenton, 8/14/2002] Other newspapers fail to report on the cross-contamination problem and, as of September 2008, the FBI has yet to make public information explaining any solution to the problem.
Deena Burnett, wife of Flight 93 passenger Tom Burnett, speaks on behalf of the victims’ relatives suing the Saudis. [Source: Associated Press]More than 600 relatives of victims of the 9/11 attacks file a 15-count, $1 trillion lawsuit against various parties they accuse of financing al-Qaeda and Afghanistan’s former Taliban regime. The number of plaintiffs will quickly increase to 2,500 after the suit is widely publicized. Up to 10,000 were eligible to join this suit. The lawsuit does not allege that Saudi defendants directly participated in the 9/11 attacks, or approved them. Instead, it is alleged they helped fund and sustain al-Qaeda, which enabled the attacks to occur. [Washington Post, 8/16/2002; Newsweek, 9/13/2002] Defendants named include:
The Saudi Binladin Group, the conglomerate owned by the bin Laden family. [CNN, 8/15/2002]
The National Commercial Bank, one of the largest banks in Saudi Arabia. [Associated Press, 8/15/2002]
The government of Sudan, for letting bin Laden live in that country until 1996. [Washington Post, 8/16/2002]
The World Assembly of Muslim Youth (WAMY). [Washington Post, 8/16/2002]
The SAAR Foundation. [Washington Post, 8/16/2002]
Al-Rajhi Banking & Investment Corp., which the plaintiffs contend is the primary bank for a number of charities that funnel money to terrorists. (This bank will later be dismissed from the suit (see November 14, 2003-September 28, 2005).) [Washington Post, 8/16/2002]
The Benevolence International Foundation. [Washington Post, 8/16/2002]
The International Islamic Relief Organization (IIRO) and its parent organization, the Muslim World League (MWL). The suit claims that the IIRO gave more than $60 million to the Taliban. [Washington Post, 8/16/2002]
Khalid bin Mahfouz, one-time prominent investor in the Bank of Credit and Commerce International (BCCI) who had to pay a $225 million fine following the collapse of that bank. It is claimed he later operated a bank that funneled millions of dollars to charities controlled by al-Qaeda. (Mahfouz denies supporting terrorism and has filed a motion to dismiss the complaint.) [Washington Post, 8/16/2002]
Mohammed al Faisal al Saud, a Saudi prince. (His name will later be dismissed from the suit because of diplomatic immunity (see November 14, 2003-September 28, 2005).) [Washington Post, 8/16/2002]
Saudi Defense Minister Prince Sultan. (His name will later be dismissed from the suit because of diplomatic immunity (see November 14, 2003-September 28, 2005).) [Washington Post, 8/16/2002]
Prince Turki al-Faisal, former chief of Saudi intelligence. (His name will later be dismissed from the suit because of diplomatic immunity (see November 14, 2003-September 28, 2005).) [Washington Post, 8/16/2002] “The attorneys and investigators were able to obtain, through French intelligence, the translation of a secretly recorded meeting between representatives of bin Laden and three Saudi princes in which they sought to pay him hush money to keep him from attacking their enterprises in Saudi Arabia.” [CNN, 8/15/2002] The plaintiffs also accuse the US government of failing to pursue such institutions thoroughly enough because of lucrative oil interests. [BBC, 8/15/2002] Ron Motley, the lead lawyer in the suit, says the case is being aided by intelligence services from France and four other foreign governments, but no help has come from the Justice Department. [Star-Tribune (Minneapolis), 8/16/2002] The plaintiffs acknowledge the chance of ever winning any money is slim, but hope the lawsuit will help bring to light the role of Saudi Arabia in the 9/11 attacks. [BBC, 8/15/2002] A number of rich Saudis respond by threatening to withdraw hundreds of billions of dollars in US investments if the lawsuit goes forward (see August 20, 2002). More defendants will be added to the suit later in the year (see November 22, 2002). [Daily Telegraph, 8/20/2002]
Entity Tags: Saudi Binladin Group, Sudan, Taliban, SAAR Foundation, Sultan bin Abdul Aziz Al Saud, Ron Motley, International Islamic Relief Organization, Khalid bin Mahfouz, Al-Qaeda, National Commercial Bank, Al-Rajhi Banking & Investment Corp., Turki al-Faisal, World Assembly of Muslim Youth, Benevolence International Foundation
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Former Secretary of State Lawrence Eagleberger says on ABC News that unless Saddam Hussein “has his hand on a trigger that is for a weapon of mass destruction, and our intelligence is clear, I don’t know why we have to do it now, when all our allies are opposed to it.” [New York Times, 8/16/2002]
In an interview broadcast by BBC Radio 4’s Today Program, Condoleezza Rice says: “This is an evil man who, left to his own devices, will wreak havoc again on his own population, his neighbors and, if he gets weapons of mass destruction and the means to deliver them, on all of us. There is a very powerful moral case for regime change. We certainly do not have the luxury of doing nothing…. Clearly, if Saddam Hussein is left in power doing the things that he is doing now, this is a threat that will emerge, and emerge in a very big way…. The case for regime change is very strong. This is a regime that we know has twice tried and come closer than we thought at the time to acquiring nuclear weapons. He has used chemical weapons against his own people and against his neighbors, he has invaded his neighbors, he has killed thousands of his own people. He shoots at our planes, our airplanes, in the no-fly zones where we are trying to enforce UN security resolutions…. History is littered with cases of inaction that led to very grave consequences for the world. We just have to look back and ask how many dictators who ended up being a tremendous global threat and killing thousands and, indeed, millions of people, should we have stopped in their tracks.” [Reuters, 8/15/2002; Guardian, 8/15/2002; Daily Telegraph, 8/16/2002; London Times, 8/16/2002] Interestingly, Rice does not say Iraq has chemical, biological or nuclear arms. Instead, she speaks of the danger Saddam would pose, “if he gets weapons of mass destruction and the means to deliver them.” [USA Today, 8/15/2002]
USA Today reports: “US intelligence cannot say conclusively that Saddam Hussein has weapons of mass destruction, an information gap that is complicating White House efforts to build support for an attack on Saddam’s Iraqi regime. The CIA has advised top administration officials to assume that Iraq has some weapons of mass destruction. But the agency has not given President Bush a ‘smoking gun,’ according to US intelligence and administration officials. The most recent unclassified CIA report on the subject goes no further than saying it is ‘likely’ that Iraq has used the four years since United Nations inspectors left the country to rebuild chemical and biological weapons programs.” [USA Today, 8/15/2002]
Kenneth Adelman, a former Reagan official with close ties to senior Bush aides, “It’ll be a piece of cake to get public support. The American people will be 90 percent for it. Almost nobody in Congress will object, and the allies will pipe down.” [Washington Post, 8/18/2002] Adelman made similar comments in a February 2002 Washington Post editorial (see February 13, 2002).
Trace elements of anthrax have been found in a post office box across the street from Princeton University in New Jersey. [MSNBC, 8/12/2002] The FBI declares Steven Hatfill has not “received any more attention than any other person of interest in the investigation.” [Fox News, 8/12/2002] Yet Hatfill is the only named “person of interest,” and his photo is the only one being shown by the FBI to residents of the neighborhood near the mailbox. [Associated Press, 8/15/2002] The New York Times will later report, “Criminologists said that only by showing photos of a number of people could investigators have confidence in an eyewitness identification of Dr. Hatfill or any other suspect.” [New York Times, 8/4/2008] Several months later, a law enforcement official admits to the Los Angeles Times that, “to be honest, we don’t have anybody that is real good [as a possible anthrax suspect]. That is why so much energy has gone into Hatfill—because we didn’t have anybody else.” [Weekly Standard, 9/16/2002]
Brent Scowcroft. [Source: University of Texas]Brent Scowcroft is the source of major embarrassment for the administration when he authors an op-ed piece in the Wall Street Journal arguing against the need to remove Saddam Hussein from power. He says that the toppling of Saddam’s regime would destabilize the Middle East and thus “turn the whole region into a cauldron and destroy the War on Terror.” Noting that “there is scant evidence to tie Saddam to terrorist organizations, and even less to the Sept. 11 attacks,” he calls on President Bush to abandon his designs on Saddam Hussein and instead refocus his foreign policy on the war on terrorism. [Wall Street Journal, 8/15/2002] It is suggested that Scowcroft’s criticisms probably reflect the feelings of the president’s father. The Los Angeles Times reports: “Several former officials close to Scowcroft said they doubted he would have gone public with that posture without clearing the move first with the senior Bush, heightening questions about the latter’s view on confronting Iraq. The former president has not commented publicly, which has only fed speculation.” [Los Angeles Times, 8/17/2002] (Privately, Bush responds tartly to the Scowcroft article: “Scowcroft has become a pain in the a_s in his old age.”) [Unger, 2007, pp. 244] In his 2006 book The One Percent Doctrine, Ron Suskind muses on Scowcroft’s article and its apparent effect on President Bush: “Under the headline ‘Don’t Attack Saddam,’ his August 15 column stated such an invasion would require the United States to pursue a ‘go it alone’ strategy, and would ‘result in a serious degradation in international cooperation with us against terrorism. And make no mistake, we simply cannot win the war without enthusiastic international cooperation, especially on intelligence.’ The day the column ran, the president was off on his annual summer vacation to Crawford. The next day, at an NSC meeting on a secure video line, he agreed to give a speech the following month at the UN.” [Suskind, 2006, pp. 167]
During a National Security Meeting at the White House, National Security Adviser Condoleezza Rice suggests ending the attacks on Iraq’s “no-fly” zones. But Gen. Tommy Franks disagrees. In his autobiography, American Soldier, he says he told Rice he wanted to continue the bombing in order to make Iraq’s defenses “as weak as possible.” In his book, Franks uses the term “spikes of activity” to refer to the increase in bombing raids. [London Times, 6/19/2005]
The Defense Science Board authors a report titled “Special Operations and Joint Forces in Countering Terrorism” recommending an increase of more than $7 billion in the Pentagon’s budget. It says the war on terrorism is a “real war” and describes the enemy as “committed, resourceful and globally dispersed… with strategic reach.” The US will have to wage “a long, at times violent, and borderless war” that “requires new strategies, postures and organization,” it adds. The report includes suggestions to develop the capability to tag key terrorist figures with special chemicals so they can be tracked by laser; a proposal to create a special SWAT team charged with secretly seeking and destroying chemical, biological and nuclear weapons anywhere in the world; and a plan to establish a “red team” known as the Proactive, Preemptive Operations Group, (P2OG), which would conduct secret operations aimed at “stimulating reactions” among terrorists and states suspected of possessing weapons of mass destruction. [Board, 8/16/2002; United Press International, 9/26/2002; Los Angeles Times, 10/27/2002; Asia Times, 11/5/2002]
Proactive, Preemptive Operations Group, (P2OG) - The unit would provoke terrorist cells into action, perhaps by stealing their money or tricking them with fake communications, in order to expose them. The exposed cells would then be taken care of by “quick-response” teams. The US would use the revelation of such cells as an opportunity to hold “states/sub-state actors accountable” and “signal to harboring states that their sovereignty will be at risk.” The P2OG would require at least $100 million and about 100 people, including specialists in information operations, psychological operations, computer network attack, covert activities, signal intelligence, human intelligence, special operations forces and deception operations. According to the DSB, it should be headed by the Special Operations Executive in the White House’s National Security Council. But according to sources interviewed by United Press International (UPI), people in the Defense Department want to see the group under the Pentagon’s authority. [Board, 8/16/2002; United Press International, 9/26/2002; Los Angeles Times, 10/27/2002; Asia Times, 11/5/2002]
Tagging terrorists - Intelligence operatives would penetrate terrorist cells and tag leaders’ clothes with chemicals that would make them trackable by a laser. The agents would also collect DNA samples from objects and papers that are handled by the targets. Information about the terrorist’s DNA would be kept in a database. The program would cost $1.7 billion over a 5-year period beginning in 2004. [Board, 8/16/2002; United Press International, 9/26/2002]
Special SWAT team - The SWAT Team would consist of special forces soldiers whose specialty would be searching and destroying nuclear, chemical or biological weapons sites anywhere in the world. They would also be trained to offer protection to US soldiers operating nearby and be responsible for “consequence management,” like enacting quarantines. The program would cost about $500 million a year and would be headed by US Special Operations Command. To effectively detect the presence of such weapons, the DSB advocates allocating about $1 billion a year on the research and development of new sensor and “agent defeat” technologies. [Board, 8/16/2002; United Press International, 9/26/2002]
Expanding US Special Forces - The panel recommends increasing the size of US Special Forces by about 2 percent a year. It also proposes that more special forces operations be conducted jointly with conventional forces. Its budget should be increased by “billions,” the report also says. [Board, 8/16/2002; United Press International, 9/26/2002]
Panel to speculate on possible terrorist attack scenarios - A panel of roughly 24 creative, highly respected analysts would be convened to speculate on the nature of future terrorists attacks against the US. The report recommends allocating $20 million a year for the program. [Board, 8/16/2002; United Press International, 9/26/2002]
Intelligence Reserve - A $100 million-a-year reserve program would be established that would put former intelligence retirees on call to assist with intelligence tasks and to participate in counterterrorism exercises when needed. [Board, 8/16/2002; United Press International, 9/26/2002; Asia Times, 11/5/2002]
Addition of 500 people who would focus on identifying characteristics of potential adversaries - $800 million would be spent on the addition of over 500 people to existing military and intelligence agencies who would “focus on understanding effects of globalization, radicalism, cultures, religions, economics, etc., to better characterize potential adversaries.” [Board, 8/16/2002; United Press International, 9/26/2002]
Increase budget of Joint Warfare Analysis Center (JWAC) and Joint Forces Command's net assessment center - $200 million more would be allocated to the Joint Warfare Analysis Center and Joint Forces Command’s net assessment center. JWAC is a cell of about 500 planners and target analysts who work in Dahlgren, Va. [Board, 8/16/2002; United Press International, 9/26/2002]
Increase surveillance and reconnaissance budgets - The panel envisions infusing $1.6 billion per year into intelligence, surveillance and reconnaissance budgets over the next six years. Spending would be focused on tying together unmanned aerial vehicles, manned platforms, space-based sensors and databases. A portion of the funds would also be used to develop “a rich set of new ground sensor capabilities” aimed at the surveillance of small terrorist cells. [Board, 8/16/2002; United Press International, 9/26/2002]
Urban Training Center - A dedicated urban training range would be constructed on the West Coast emphasizing “small unit action, leadership initiative and flexibility.” Relatively low-level soldiers would also be trained on how to determine the logistics of the back-up fire they need while they are in battle. The program would need $300 million a year for the next six years. [Board, 8/16/2002; United Press International, 9/26/2002]
Database providing 3-d view of most of the cities of the world - The report recommends developing a detailed database of most of the cities in the world which would allow soldiers to view a three-dimensional display of the cities including “buildings [doors and windows included],… streets and alleys and underground passages, obstacles like power lines and key infrastructure like water and communications lines,” the UPI reports. [Board, 8/16/2002; United Press International, 9/26/2002] Critics warn that the changes proposed by the report would allow the military to engage in covert activities currently handled by the CIA. However unlike the CIA, the military would not be subject to Congressional oversight. But William Schneider Jr, the DSB chairman, downplays those concerns. “The CIA executes the plans but they use Department of Defense assets,” Schneider says, adding that his board’s recommendations do not advocate any changes to US policies banning assassinations, or requiring presidents to approve US covert operations in advance. He also insists that such changes would not preclude congressional oversight. [Asia Times, 11/5/2002]
After a spate of criticism of his administration’s Iraq policy from several prominent Republican former US government officials, President George Bush says from his ranch in Crawford, Texas: “I am aware that some very intelligent people are expressing their opinions about Saddam Hussein and Iraq. I listen very carefully to what they have to say. I’ll continue to consult…. I will use all the latest intelligence to make informed decisions about how best to keep the world at peace, how best to defend freedom for the long run…. Listen, it’s a healthy debate for people to express their opinion. People should be allowed to express their opinion. But America needs to know, I’ll be making up my mind based upon the latest intelligence and how best to protect our own country plus our friends and allies.” But he also adds, “There should be no doubt in anybody’s mind that this man is thumbing his nose at the world, that he has gassed his own people, that he is trouble in his neighborhood, that he desires weapons of mass destruction.” [CNN, 8/16/2002; Fox News, 8/16/2002; New York Times, 8/17/2002]
The district court at Norfolk finds that the Mobbs declaration (see July 25, 2002) “falls far short” of providing a basis for the continuing detention of “enemy combatant” Yaser Esam Hamdi without due process of law. “If the Court were to accept the Mobbs Declaration as sufficient justification for detaining Hamdi…, this Court would be acting as little more than a rubber stamp,” judge Robert Doumar writes in his ruling. He again orders the government to produce additional evidence, including copies of Hamdi’s statements, notes by his interrogators, statements by members of the Northern Alliance and relevant names, dates, and locations. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 ; Washington Post, 1/9/2003] Doumar says the government’s arguments lead “to more questions than answers.” For example:
The Mobbs Declaration does not say what authority Mobbs has, as “Special Advisor” to the Undersecretary of Defense for Policy, to determine the classification of a detainee. He says that during the August 13 hearing (see August 13, 2002), the government’s attorney was unable to do so. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 ]
The government has provided no reason “for Hamdi to be in solitary confinement, incommunicado for over four months and being held some eight-to-ten months without any charges of any kind.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 ]
Though it is claimed that Hamdi was “affiliated with a Taliban military unit and received weapons training,” the declaration makes no attempt to explain the nature of this “affiliation” or why the “affiliation” warrants the classification of Hamdi as an enemy combatant. Furthermore, the declaration “never claims that Hamdi was fighting for the Taliban, nor that he was a member of the Taliban.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 ]
Assertions in the document concerning statements made by Hamdi appear to be paraphrased. Hamdi’s actual statements are not provided. “Due to the ease with which such statements may be taken out of context, the Court is understandably suspicious of the Respondent’s assertions regarding statements that Hamdi is alleged to have made,” the court ruling says. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 ]
Neoconservative Richard Perle, the head of the Pentagon’s Defense Policy Board, says that the Bush administration has expended so much time and effort in making its case for war against Iraq that it has no other choice except to invade. He says, “The failure to take on Saddam [Hussein]… would produce such a collapse of confidence in the president that it would set back the war on terrorism.” [New York Times, 8/16/2002] In 2006, author Frank Rich interprets Perle’s words, writing: “If Bush didn’t get rid of Saddam after all this saber rattling, he will look like the biggest wimp since—well, his father. If he didn’t do it soon, after all these months of swagger, he would destroy his credibility and hurt the country’s.” [Rich, 2006, pp. 62]
In a Washington Post op-ed piece, Zbigniew Brzezinski reprimands the Bush administration for its reckless foreign policy, saying that “war is too serious a business and too unpredictable in its dynamic consequences—especially in a highly flammable region—to be undertaken because of a personal peeve, demagogically articulated fears or vague factual assertions.” Brzezinski, the National Security Adviser to President Carter, adds that “[i]f it is to be war, it should be conducted in a manner that legitimizes US global hegemony and, at the same time, contributes to a more responsible system of international security.” He then makes several recommendations for improving US foreign policy, including a summary of “a wrong way for America to initiate a war.” [Washington Post, 8/18/2002]
Retired General Norman Schwarzkopf, who commanded allied forces during the Gulf War, warns against invading Iraq without the support of allies. He explains: “In the Gulf War we had an international force and troops from many nations. We would be lacking if we went it alone at this time…. It is not going to be an easy battle but it would be much more effective if we didn’t have to do it alone.” [London Times, 8/19/2002]
The Los Angeles Times reports that “despite intense interrogations and investigations,” no senior al-Qaeda leaders appear to be amongst the nearly 600 detainees at the Guantanamo prison. One US official says that some usual intelligence has been gained from the detainees, but “it’s not roll-up-plots, knock-your-socks-off-kind of stuff.” This official says the detainees are
mostly “low-and middle-level” fighters and supporters, not “the big-time guys” high enough to help unravel plots and understand al-Qaeda’s structure. Another official similarly says there are “no big fish” there. “Some of these guys literally don’t know the world is round.” The Times also notes that several European countries “have quietly offered to take prisoners home and put them on trial if US officials can provide evidence that they have committed a crime.” But none has been released for trial so far. [Los Angeles Times, 8/18/2002] The New York Times will confirm in June 2004 that no al-Qaeda or Taliban leaders are being held at the prison and that in fact the vast majority are innocent of any militant connections (see June 21, 2004). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).
A Washington Post editorial blasts the FBI’s treatment of anthrax attacks suspect Steven Hatfill. “Each slipshod case whittles away our collective liberties, our self-respect, our confidence in the legal system.” The Post also blasts the media’s coverage: “Wittingly or unwittingly, reporters and government investigators may collude, creating the appearance of a posse mentality that discredits them both.” [Washington Post, 8/18/2002]
An FBI forensic linguistics expert says the anthrax mailer was probably someone with high-ranking US military and intelligence connections. He says he has identified two suspects who both worked for the CIA, USAMRIID, and other classified military operations. He expresses frustration about accessing evidence. “My two suspects both appear to have CIA connections. These two agencies, the CIA and the FBI, are sometimes seen as rivals. My anxiety is that the FBI agents assigned to this case are not getting full and complete cooperation from the US military, CIA, and witnesses who might have information about this case.” He also says the killer seems to have tried implicating two former USAMRIID scientists who had left the laboratory in unhappy circumstances by posting the letters from near their homes in New Jersey. [BBC, 8/18/2002]
The Observer’s Ed Vulliamy writes: “One year on, the United States is more isolated and more regarded as a pariah than at any time since Vietnam, possibly ever. The bookends of that year are headlines in the French newspaper Le Monde. On 12 September 2001 it declared: ‘Now We Are All Americans.’ But last month, in Le Monde Diplomatique: ‘Washington Dismantles the International Architecture’; a reflection on a year of treaties broken or ignored (see March 7, 2001, March 27, 2001, July 9, 2001, July 23-25, 2001, November 19, 2001-December 7, 2001, December 13, 2001, December 31, 2001, August 28, 2002, and September 20, 2002), and a brazen assertion of the arrogance of power.” [Guardian, 8/18/2002]
86 percent of those polled in a CNN/USA Today Gallup poll say they believe that Saddam Hussein supports groups “that have plans to attack the United States” and 53 percent think Saddam Hussein was “personally involved in the September 11 attacks.” The results are based on telephone interviews with 801 adults and the margin of error is estimated at 4 percent. [Gallup News Service, 8/23/2002]
Howard Kurtz. [Source: CNN / ThinkProgress.org]In 2007, Washington Post media critic Howard Kurtz will say, “From August 2002 until the war was launched in March of 2003 there were about 140 front page pieces in The Washington Post making the [Bush] administration’s case for war. It was, ‘The President said yesterday.’ ‘The Vice President said yesterday.’ ‘The Pentagon said yesterday.’ Well, that’s part of our job. Those people want to speak. We have to provide them a platform. I don’t have anything wrong with that. But there was only a handful—a handful—of stories that ran on the front page, some more that ran inside the pages of the paper, that made the opposite case. Or, if not making the opposite case, raised questions.” [PBS, 4/25/2007] Kurtz will also write in an August 2004 front page Washington Post story criticizing the newspaper’s pre-war coverage, “An examination of the paper’s coverage, and interviews with more than a dozen of the editors and reporters involved, shows that The Post published a number of pieces challenging the White House, but rarely on the front page. Some reporters who were lobbying for greater prominence for stories that questioned the administration’s evidence complained to senior editors who, in the view of those reporters, were unenthusiastic about such pieces. The result was coverage that, despite flashes of groundbreaking reporting, in hindsight looks strikingly one-sided at times.” At the time, The Post’s editorial page was strongly advocating war with Iraq. For instance, a day after Colin Powell’s presentation to the UN (see February 5, 2003), the Post commented that “it is hard to imagine how anyone could doubt that Iraq possesses weapons of mass destruction.” [Washington Post, 8/12/2004]
Defense Secretary Donald Rumsfeld, citing various “intelligence reports,” claims that the Iraqi government is “hosting, supporting or sponsoring” an al-Qaeda presence in Iraq. This is a likely reference to Abu Musab al-Zarqawi and his followers, whom the US alleges is an al-Qaeda operative with links to the Iraqi government. When asked if he has evidence to support this claim Rumsfeld responds: “There are al-Qaeda in a number of locations in Iraq…. The suggestion that… [Iraqi government officials] who are so attentive in denying human rights to their population aren’t aware of where these folks [al-Qaeda] are or what they’re doing is ludicrous in a vicious, repressive dictatorship.” He also says, “It’s very hard to imagine that the government is not aware of what’s taking place in the country.” [US Department of Defense, 8/20/2002; New York Times, 8/20/2002] Shortly after the defense secretary’s allegations, an unnamed intelligence official tells the Guardian, “They are not the official guests of the government,” adding that any al-Qaeda in the region are still “on the run.” A month later, Knight Ridder reports that according to an anonymous US official, Rumsfeld’s charge is based on information from Kurdish opposition groups which are feeding information to the Pentagon. [Guardian, 8/22/2002; Knight Ridder, 9/25/2002 Sources: Unnamed US intelligence official, Unnamed US official]
During an interview with Fox News, Defense Secretary Donald Rumsfeld mocks calls from Washington, Europe and the Arab world demanding that the Bush administration show them evidence to substantiate the hawk’s claim that Saddam Hussein is a threat to the US and its allies. “Think of the prelude to World War Two,” the Defense Secretary says. “Think of all the countries that said, well, we don’t have enough evidence. I mean, Mein Kampf had been written. Hitler had indicated what he intended to do. Maybe he won’t attack us. Maybe he won’t do this or that. Well, there were millions of people dead because of the miscalculations. The people who argued for waiting for more evidence have to ask themselves how they are going to feel at that point where another event occurs.” [Daily Telegraph, 8/21/2002; Guardian, 8/22/2002; Fox News, 8/20/2003] Rumsfeld also says during a news conference that according to “intelligence reports,” Saddam’s government is “hosting, supporting or sponsoring” an al-Qaeda presence in Iraq. Responding to a question about whether he has any evidence to support the claim that al-Qaeda is operating in Iraq, Rumsfeld states, “There are Al-Qaeda in a number of locations in Iraq…. The suggestion that… [Iraqi government officials] who are so attentive in denying human rights to their population aren’t aware of where these folks [al-Qaeda] are or what they’re doing is ludicrous in a vicious, repressive dictatorship…. [I]t’s very hard
to imagine that the government is not aware of what’s taking place in the country.” [New York Times, 8/20/2002] Shortly after Rumsfeld’s remarks, a senior US intelligence official tells The Guardian that there is no evidence to back the defense secretary’s claims. “They are not the official guests of the government,” a second official says, adding that any al-Qaeda in the region are still “on the run.” [Guardian, 8/22/2002]
The envelope mailed to the Connecticut State Attorney’s Office. [Source: FBI]The Connecticut State Attorney’s Office receives a threatening letter containing a white powdery substance. The letter, addressed to US Attorney John A. Danaher, mentions anthrax, and references Osama bin Laden. Laboratory analysis will confirm that the white powder does not contain anthrax or any other toxins. The office will be closed for two days. The letter is later found to have been mailed from a prison in Cheshire, Connecticut, and the mailer is soon identified as inmate Noel Davila. Davila will confess to preparing and mailing the letter. He will be convicted of threatening to use weapons of mass destruction, and will be sentenced to 35 years in prison. [Associated Press, 9/23/2002; Federal Bureau of Investigation, 2009]
The National Institute of Standards and Technology (NIST)—an agency of the US Commerce Department’s Technology Administration—announces details of its forthcoming investigation into the collapses of the World Trade Center Twin Towers and Building 7 on 9/11. The NIST investigation aims “to investigate the building construction, the materials used, and the technical conditions that contributed to the outcome of the World Trade Center (WTC) disaster.” It also aims to examine the activities of building occupants and emergency responders on 9/11, studying such issues as emergency communications within the WTC, the movement of people during the evacuations, and issues around persons with disabilities. Leading technical experts from industry, academia, and other laboratories, alongside NIST’s own expert staff, will participate in the investigation. Expert professionals from the private sector will also be involved. Glenn Corbett, a fire science professor at John Jay College, says, “This is going to be the most extensive building disaster investigation ever performed.” [Associated Press, 8/21/2002; National Institute of Standards and Technology, 8/21/2002; National Institute of Standards and Technology, 8/3/2005] The investigation is formally authorized in October 2002, when the National Construction Safety Team Act is signed into law. The act, which gives NIST authorization to investigate major building failures in the US, is written largely as a result of the World Trade Center collapses. [National Institute of Standards and Technology, 10/2/2002; New York Times, 5/8/2003] NIST’s investigation is originally proposed to last two years, with a budget of $16 million. [National Institute of Standards and Technology, 8/21/2002] However, it eventually will last three years, with its final report into the collapses of the Twin Towers being released in October 2005 (see October 26, 2005). A previous analysis of the WTC collapses conducted by FEMA and the American Society of Civil Engineers (ASCE) was completed earlier in 2002 (see May 1, 2002), but this had a budget of just $1.1 million. By the time NIST starts its investigation, much of the crucial steel debris from the WTC collapses has already been destroyed (see September 12-October 2001). They later refer to there being a “scarcity of physical evidence that is typically available in place for reconstruction of a disaster.” [National Institute of Standards and Technology, 9/2005, pp. xxxvi]
Following a trip to several Middle Eastern countries, which included meetings with several diplomats and foreign dignitaries, US Representative John Larson (D-CT) warns that “the innocent slaughter of Muslims will create, in essence, what Osama bin Laden was unable to do, a united Islamic jihad against us.” [New Britain Herald, 8/22/2002]
Judge Robert Doumar of the US District Court in Norfolk stays proceedings in the case of “enemy combatant” Yaser Esam Hamdi and issues a request to the Fourth Circuit to respond to the question “whether the Mobbs Declaration, standing alone, is sufficient as a matter of law to allow a meaningful judicial review of Yaser Esam Hamdi’s classification as an enemy combatant.” [Certification Order and Stay. Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/21/2002 ]
Mohammed Mansour Jabarah. [Source: CBC]A number of governments are given warnings suggesting an upcoming attack on nightclubs on the island of Bali, Indonesia, but this does not prevent the bombing of two nightclubs in Bali in October 2002 (see October 12, 2002). Mohammed Mansour Jabarah, an al-Qaeda operative with Canadian citizenship, attended a meeting held in January 2002 in southern Thailand led by Hambali, an al-Qaeda leader who also heads the al-Qaeda affiliate Jemaah Islamiyah (JI). Hambali announces a new plan to target nightclubs and restaurants in Southeast Asia. A second meeting held shortly thereafter also attended by Jabarah (but not Hambali) narrowed the target to nightclubs in Bali. Jabarah was arrested in Oman in April 2002 and deported to Canada. By August, he is in the US and is interrogated by US agents, and he reveals this attack plan. He also reveals code phrases, such as the use of “white meat” to refer to US targets. As a result, the FBI completes an intelligence report on his interrogation on August 21, and passes a warning to all Southeast Asian governments immediately thereafter. A leading counterterrorism expert will later say, “There is absolutely no question [Australia] would have received [the report] under our intelligence-sharing agreement with the US, [Britain], and Canada.” [Age (Melbourne), 1/23/2003; Sydney Morning Herald, 10/10/2003] A US intelligence report in early September will list six likely targets, including two nightclubs in Bali (see Early September 2002).
Although he will later come to prominence for accusing it of failing to adequately address the al-Qaeda threat before 9/11 (see March 21, 2004), in a background briefing to reporters, former counterterrorism “tsar” Richard Clarke appears to praise the Bush administration for aggressively pursuing al-Qaeda from the outset. [CNN, 3/24/2004]
'Rapid Elimination' - During the briefing, Clarke says that when the Bush administration came into office in January 2001, it had “decided then” to “vigorously pursue the existing policy” on al-Qaeda, “including all of the lethal covert action findings.” He says that in the first week of February 2001, the administration decided in principle “to add to the existing Clinton strategy and to increase CIA resources, for example, for covert action, five-fold, to go after al-Qaeda.” He says the strategy was changed “from one of rollback with al-Qaeda over the course of five years, which it had been, to a new strategy that called for the rapid elimination of al-Qaeda.”
Response to Time Magazine - Clarke responds to a recent Time magazine article that suggested the Bush administration was unwilling to adopt suggestions made in the Clinton administration because of a general animus against its foreign policy. He says: “This is the one issue where the National Security Council leadership decided continuity was important and kept the same guy around, the same team in place. That doesn’t sound like animus against, uh, the previous team to me.” He is asked, “You’re saying that the Bush administration did not stop anything that the Clinton administration was doing while it was making these decisions, and by the end of the summer had increased money for covert action five-fold?” Clarke replies, “All of that’s correct.”
No Plan, No Delay - One reporter asks about an alleged Clinton administration plan against al-Qaeda, to which Clarke responds, “There was never a plan.” Regarding problems the Clinton administration faced in dealing with the al-Qaeda threat, a reporter asks, “And none of that really changed until we were attacked [on 9/11]?” Clarke says: “No, that’s not true. In the spring, the Bush administration changed—began to change Pakistani policy, um, by a dialogue that said we would be willing to lift sanctions.… So that’s really how it started.” He is asked, “[W]hat you’re saying is that… one, there was no plan; two, there was no delay; and that actually the first changes since October of ‘98 were made in the spring months just after the [Bush] administration came into office?” Clarke replies: “You got it. That’s right.” [Fox News, 3/24/2004]
Comments Published - In March 2004, the White House will violate a long-standing confidentiality policy by authorizing Fox News to publish these comments that Clarke has made off the record (see March 24, 2004). [Columbia Journalism Review, 3/25/2004; FindLaw, 4/9/2004]
Clarke's Explanation - Around that time, when Clarke appears before the 9/11 Commission (see March 24, 2004), Commissioner James Thompson will ask him about the apparent discrepancies between his comments during this briefing and the criticisms he makes of the Bush administration in his book Against All Enemies. Clarke will explain that his briefing was in the context of Time magazine’s critical story. He will say, “So I was asked by several people in senior levels of the Bush White House to do a press backgrounder to try to explain that set of facts in a way that minimized criticism of the administration.” He will add, “I was asked to highlight the positive aspects of what the administration had done, and to minimize the negative aspects of what the administration had done.” [9/11 Commission, 3/24/2004] Former Nixon White House counsel John Dean will defend Clarke, writing, “The truth is that the background briefing simply does not conflict with anything Clarke says openly, if more bluntly, in his book.” [FindLaw, 4/9/2004]
Previous Briefing for 9/11 Congressional Inquiry - Two months before this, Clarke had briefed the 9/11 Congressional Inquiry on the Bush administration’s counterterrorism record and had been largely uncritical of its policies (see June 11, 2002).
Militant training camp facilitator Abu Zubaida is subjected to one more waterboarding session at the insistence of CIA headquarters. Zubaida has been subject to the CIA’s “enhanced” interrogation techniques for some time, and the agency team applying the techniques considers him compliant and wants to stop using them. However, according to a senior officer at the CIA’s Counterterrorist Center, somebody thinks that Zubaida is continuing to withhold information. This person or persons generates substantial pressure from CIA headquarters to continue waterboarding, and senior officials at the agency’s Directorate of Operations decide to continue. Some people are sent to the facility where Zubaida is being held to observe the final waterboarding session he is subjected to. These people then report back that the enhanced techniques are no longer required. [Central Intelligence Agency, 5/7/2004, pp. 84-85 ]
In a speech to the Economic Club of Florida in Tallahassee, retired Marine General Anthony Zinni, who recently served as the president’s special envoy to the Middle East, argues that there are more pressing issues than Saddam Hussein’s regime in Iraq. Specifically, he points to the Israeli-Palestinian conflict, instability in Afghanistan, the continuing existence of the al-Qaeda network, and the theocracy in Iran. He adds that the proposed war with Iraq would be expensive and would put considerable strain on the military’s resources, which already are “stretched too tight all over the world.” Furthermore, notes the general, invading Iraq would further antagonize America’s allies in the Middle East. “We need to quit making enemies that we don’t need to make enemies out of,” he says. He also notes, “It’s pretty interesting that all the generals see it the same way and all the others who have never fired a shot and are hot to go to war see it another way.” [Tampa Tribune, 8/24/2002]
The New York Times publishes an opinion article by James Baker, a former secretary of state and a close friend of the Bush family. In his piece, Baker writes that the US must raise a coalition and secure a broad base of support before attempting to remove Saddam Hussein by force. Although it may be possible to successfully invade the country and depose its regime, he argues, America’s image would suffer irreparable damage as a consequence. Therefore, according to Baker, a unilateral preemptive strike in the midst of massive opposition from US allies in Europe and the Middle East would be detrimental to American strategic interests. [New York Times, 8/25/2002]
Ari Fleischer. [Source: Washington Post]White House press secretary Ari Fleischer says that White House lawyers believe President Bush does not need the approval of Congress before launching an attack against Iraq. Fleischer goes on to say that such a consultation with Congress is important, if not constitutionally necessary, because “Congress has an important role to play.… The president knows that any decision he makes on a hypothetical congressional vote will be guided by more than one factor, more than legal factors alone.” Bush “would consider a variety of legal, policy, historical factors in making up his mind about this, if it again becomes a relevant matter. The president knows that in a democracy, it’s vital to have the support of the public if he reaches any point where he makes decisions about military action.” [CNN, 8/26/2002] Article I, Section 8 of the Constitution specifically states that Congress, not the executive branch, has the responsibility of declaring war with another nation. In modern US history, the judiciary has concurred with a number of presidents that the executive branch has limited powers to authorize military strikes, though not the power to commit US forces to a region for an extended period of time without Congressional approval. [University of Missouri-Kansas City, 8/16/2007] And the 1973 War Powers act requires the president to consult with Congress before deploying the military in “hostilities,” to notify Congress of troop commitments within 48 hours of deployment, and to end hostilities within 60 days unless Congress declares war or grants an extension to the deployment. In previous deployments since the law’s passage, presidents have often ignored the law, and Congress has usually not pressed the issue. White House lawyers say Bush has such authority based on his constitutional power to make military decisions as commander in chief, as well as under the terms of the 1991 Gulf War resolution and the September 14, 2001 Congressional resolution approving military action against terrorism. But House Minority Leader Dick Gephardt (D-MO) says that it is “imperative” that Congress debate and vote on any plan to attack Iraq. “This issue is much more than just a legal debate. The president will need the decisive support of the public and their elected representatives in order to initiate and sustain the effort that will be required to eliminate the threat posed by this regime.” [CNN, 8/26/2002]
A picture of Steven Hatfill’s apartment after the FBI went through it. [Source: Alex Wong / Getty Images]Anthrax attacks (see October 5-November 21, 2001) suspect Steven Hatfill releases photos he claims show that the FBI “trashed” his girlfriend’s apartment. The photos “evoked an uneasy sense of recognition among law enforcement experts,” who have seen these kinds of strong armed tactics when the FBI is desperate for a conviction. “Veteran FBI-watchers suggest the Bureau, looking at Steven Hatfill off and on for nearly a year, does not have the goods on him. Law enforcement sources confirm he passed a polygraph test administered by the FBI last fall… Apparent absence of evidence suggests either incompetence at the level of false accusations in the 1996 Atlanta Olympic Park bombing—or something worse.” [New York Post, 8/3/2002]
The Sixth US Court of Appeals in Cincinnati unanimously rejects the Bush administration’s claim for blanket secrecy regarding immigration court proceedings (see September 21, 2001). In a 3-0 ruling, the court rules in Detroit Free Press v. Ashcroft that the administration’s secret deportation-hearing policy goes too far in restricting the public’s right to know what the government is doing. Selectively closing individual deportation hearings for national security reasons might be justifiable, the court rules, but the government cannot simply sequester all such hearings. Appeals court judge Damon Keith, a Carter appointee, writes: “In an area such as immigration, where the government has nearly unlimited authority… the press and the public serve as perhaps the only check on abusive government practices.… The executive branch seeks to uproot people’s lives, outside the public eye and behind a closed door. Democracies die behind closed doors. The First Amendment, through a free press, protects the people’s right to know that their government acts fairly, lawfully, and accurately in deportation proceedings. When the government begins closing doors, it selectively controls information rightly belonging to the people. Selective information is misinformation. The Framers of the First Amendment did not trust any government to separate the true from the false for us. They protected us against secret government.” Keith is well known for his widely cited ruling of 30 years before against a government program of warrantless wiretapping (see June 19, 1972). [Savage, 2007, pp. 95] Another appeals court will rule in favor of the Bush administration in a separate lawsuit on the same issue (see October 2, 2002).
Cheney speaking before the Veterans of Foreign Wars. [Source: White House]In a speech to the Nashville convention of the Veterans of Foreign Wars, Vice President Dick Cheney says Saddam Hussein will “seek domination of the entire Middle East, take control of a great portion of the world’s energy supplies, directly threaten America’s friends throughout the region, and subject the United States or any other nation to nuclear blackmail.” He also states unequivocally that Iraq has weapons of mass destruction. “Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction. There is no doubt that he is amassing them to use against our friends, against our allies, and against us.… What he wants is time, and more time to husband his resources to invest in his ongoing chemical and biological weapons program, and to gain possession of nuclear weapons.… Deliverable weapons of mass destruction in the hands of a terror network, or a murderous dictator, or the two working together constitutes as grave a threat as can be imagined,” he says. “The risks of inaction are far greater than the risk of action.… The Iraqi regime has in fact been very busy enhancing its capabilities in the field of chemical and biological agents, and they continue to pursue the nuclear program they began so many years ago.” Therefore he argues, the answer is not weapons inspections. “Against that background, a person would be right to question any suggestion that we should just get inspectors back into Iraq, and then our worries will be over. Saddam has perfected the game of shoot and retreat, and is very skilled in the art of denial and deception. A return of inspectors would provide no assurance whatsoever of his compliance with UN resolutions.” He also says: “Regime change in Iraq would bring about a number of benefits to the region. When the gravest of threats are eliminated, the freedom-loving peoples of the region will have a chance to promote the values that can bring lasting peace.” [White House, 8/26/2002]
First White House Assertion of Iraq's Nuclear Program - Cheney’s speech marks the first major statement from the White House regarding the Bush administration’s Iraq policy following a flood of criticisms from former officials. Significantly, the speech was not cleared by the CIA or the State Department. [Newsweek, 9/9/2002] Furthermore, Cheney’s comments dismissing the need for the return of inspectors, were not cleared by President Bush, according to White House chief of staff Andrew Card. [Newsweek, 9/9/2002] The speech creates a media stir because it is the first time a senior US official has asserted Iraq has nuclear capabilities with such certainty. The CIA is astonished by the claim. CIA official Jami Miscik will later recall: “He said that Saddam was building his nuclear program. Our reaction was, ‘Where is he getting that stuff from? Does he have a source of information that we don’t know about?’” CIA analysts redouble their efforts to collect and review evidence on Iraq and nuclear weapons, but analysts know very little. [Suskind, 2006, pp. 167-169] Cheney’s assertions are contradicted by a broad base of military experts. [Dean, 2004, pp. 138]
Powell 'Blindsided' by Cheney - Three days after the speech, a State Department source tells CNN that Secretary of State Colin Powell’s view clashes with that which was presented in Cheney’s speech, explaining that the secretary of state is opposed to any military action in which the US would “go it alone… as if it doesn’t give a damn” what other nations think. The source also says that Powell and “others in the State Department were ‘blindsided’ by Cheney’s ‘time is running out’ speech… and were just as surprised as everyone else.” [CNN, 8/30/2002] Author and Washington Post reporter Bob Woodward will later describe Powell as “dumbfounded.” [Roberts, 2008, pp. 145] Cheney did, however, inform President Bush he would be speaking to the VFW. He did not provide Bush a copy of his speech. Bush merely told Cheney, “Don’t get me into trouble.” [Dubose and Bernstein, 2006, pp. 175]
'Off Script' - Current deputy press secretary Scott McClellan will later observe that it was always a tactic of the Iraq campaign strategy for Cheney to “lean a little more forward in his rhetoric than the president.” However, McClellan will go on to say that Cheney did not always “stay on message,” and will blame Cheney’s “deep-seated certitude, even arrogance” that sometimes operates “to the detriment of the president.” Cheney’s assertion to the VFW that it would be pointless to send UN inspectors back to Iraq is, McClellan will reflect, “off script.” Bush wants to continue to “show that he [is] exhausting all diplomatic options” before invading Iraq. [McClellan, 2008, pp. 138]
Speaking to US Marines of the 1st Marine Division at Camp Pendleton in California, Secretary of Defense Donald Rumsfeld says: “Leadership in the right direction finds followers and supporters…. It’s less important to have unanimity than it is making the right decision and doing the right thing, even though at the outset it may seem lonesome.” [Associated Press, 8/28/2002; CBS News, 8/28/2002; US Department of Defense, 8/27/2003]
Prince Bandar, Saudi ambassador to the US, meets privately for more than an hour with President Bush and National Security Adviser Rice in Crawford, Texas. [Daily Telegraph, 8/28/2002] Press Secretary Ari Fleischer characterizes it as a warm meeting of old friends. Bandar, his wife Princess Haifa, and seven of their eight children stay for lunch. [Fox News, 8/27/2002] Bandar, a long-time friend of the Bush family, donated $1 million to the George W. Bush Presidential Library in College Station, Texas. [Boston Herald, 12/11/2001] This relationship later becomes news when it is learned that Princess Haifa gave between $51,000 and $73,000 to two Saudi families in California who may have financed two of the 9/11 hijackers (see December 4, 1999). [New York Times, 11/23/2002; MSNBC, 11/27/2002]
The K2 (Karshi-Khanabad) US airbase in southeastern Uzbekistan. It was established in late 2001. [Source: Confidential source via Robin Moore]The Central Asian nation of Uzbekistan has recently signed a treaty committing the US to respond to “any external threat” to the country. Uzbekistan’s foreign minister explains: “The logic of the situation suggests that the United States has come here with a serious purpose, and for a long time.” According to a Washington Post report, the other Central Asian nations—Kazakhstan, Kyrgyzstan, Tajikistan, and Turkmenistan—have similar agreements with the US. The US claims it is supporting democracy in these nations, but experts say authoritarianism has been on the rise since 9/11. The US military has been in Uzbekistan since 2001. A new US military base in Uzbekistan currently holds about 1,000 US soldiers, but is being greatly enlarged. The article makes the general point that the US is replacing Russia as the dominant power in Central Asia. [Washington Post, 8/27/2002]
Michael H. Mobbs, the special adviser to the undersecretary of defense for policy, files a six-page document asserting that “enemy combatant” Jose Padilla (see June 9, 2002) “has been closely associated with known members and leaders of the al-Qaeda terrorist network”; that he trained at al-Qaeda camps and “met with senior Osama Bin Laden lieutenant Abu Zubaida,” whom he approached “with [a] proposal to conduct terrorist operations within the United States”; and that he talked about a plan “to build and detonate a ‘radiological dispersal device…’ within the United States, possibly in Washington, D.C.” But the document also acknowledges that the “plan” was “still in the initial planning stages.” Finally, the declaration states that “it is believed that al-Qaeda members directed Padilla to return to the United States to conduct reconnaissance and/or other attacks on behalf of al-Qaeda.” The declaration concedes that the evidence on which its assertions are based are not entirely solid, noting that its intelligence sources “have not been completely candid about their association with al-Qaeda and their terrorist activities” and that “some information provided by the sources remains uncorroborated and may be part of an effort to mislead or confuse US officials.” [Fox News, 8/28/2002; Washington Post, 9/1/2002; Newsweek, 6/9/2004]
The Washington Post reports, “A global campaign to block al-Qaeda’s access to money has stalled, enabling the terrorist network to obtain a fresh infusion of tens of millions of dollars and putting it in a position to finance future attacks, according to a draft UN report.” In the months immediately following 9/11, more than $112 million in assets was frozen. Since then, only $10 million more has been frozen, and most of the original money has been unfrozen due to lack of evidence. Private donations to the group, estimated at $16 million a year, are believed to “continue, largely unabated.” The US and other governments are not sharing information about suspected militants, and known militants are not being put on official lists of suspected terrorists. [Washington Post, 8/29/2002] One month later, a report by the Council on Foreign Relations, an influential US think tank, largely blames the US relationship with Saudi Arabia for the failure. The report says, “It is worth stating clearly and unambiguously what official US government spokespersons have not. For years, individuals and charities based in Saudi Arabia have been the most important source of funds for al-Qaeda, and for years the Saudi officials have turned a blind eye to this problem.” The report will also note that the Bush administration “appears to have made a policy decision not to use the full power of US influence and legal authorities to pressure or compel other governments to combat terrorist financing more effectively.” [Washington Post, 10/16/2002] News reports from early 2006 will show little change to the situation (see November 29, 2005; January 15, 2006).
German authorities seize a boat in the port of Hamburg containing a shipment of rubber parts—allegedly bound for Iran—that could be used to make tracks for tanks and US-made M-113 armored personnel carriers. The seized boat, the Zim Anvers, is owned by the Zim-American Israeli Shipping Company. An Israeli company, PAD, headed by Avihai Weinstein, 34, had been issued a German export license for the shipment. The license specifies Thailand as its final destination, but according to German customs, the shipment is really destined for Iran. According to the Israeli daily Yediot Aharonot, it was to be transferred in Hamburg to an Iranian cargo ship headed to the southern Iranian port of Bandar Abbas. Weinstein claims he had no knowledge of the shipment’s actual destination. Raphael Eitan, an adviser on terrorism for several Israeli governments between 1978 and 1985, tells public radio the next day that it would have been impossible for Weinstein “not to know what the final destination of the shipment was. In this type of affair, there is no innocent contract. He knew the shipment was headed to Iran,” he says. Tehran denies any involvement with the boat. [Agence France-Presse, 3/29/2002]
Gideon Ezra, Israel’s deputy interior minister, says, “The more aggressive the attack is, the more it will help Israel against the Palestinians. The understanding would be that what is good to do in Iraq, is also good for here.” He says that a US invasion of Iraq would “undoubtedly deal a psychological blow” to the Palestinians. [Christian Science Monitor, 8/30/2002]
Yuval Steinitz, a Likud party member of the Knesset’s Foreign Affairs and Defense Committee, suggests that the imposition of a pro-American regime in Baghdad would ease Israel’s discomfort with Syria, which it views as a threat. Steinitz says, “After Iraq is taken by US troops and we see a new regime installed as in Afghanistan, and Iraqi bases become American bases, it will be very easy to pressure Syria to stop supporting terrorist organizations like Hezbollah and Islamic Jihad, to allow the Lebanese army to dismantle Hezbollah, and maybe to put an end to the Syrian occupation in Lebanon. If this happens we will really see a new Middle East.” [Christian Science Monitor, 8/30/2002]
The state of Florida settles a voter discrimination suit filed by the National Association for the Advancement of Colored People (NAACP) in the wake of allegations of massive and widespread discrimination during the November 2000 elections (see November 7, 2000 and April 24, 2001). The class-action suit charged Database Technologies (DBT), a private firm hired by the Florida government, and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. Florida agrees to provisions that nominally settle the problem, but by 2004 will have implemented virtually none of the corrective procedures mandated by the settlement. Miami-Dade, Broward, Leon, Volusia, and Duval Counties settled earlier rather than face trial. [Center for American Progress, 12/9/2010]
Patsy Spier, an American teacher wounded in the attack. Her husband Rick Spier was killed. [Source: US Department of Justice]A group of US teachers traveling in the Indonesian province of Papua (also known as Irian Jaya) are ambushed on a jungle road. Two American teachers and one Indonesian teacher are killed, and eight American teachers are injured. The ambush takes place on a road owned by the company Freeport-McMoRan, which owns an extremely lucrative gold and copper mine nearby. The road is tightly controlled by the Indonesian military, the TNI, and a military check point is only 500 yards away. The TNI quickly blames the killings on the Free Papua Movement (OPM), a separatist group in the province. But a preliminary Indonesian police investigation finds that “there is a strong possibility” the ambush was carried out by members of the Indonesian military. Other classified reports presented to Congress by the CIA and FBI suggest the TNI was behind the ambush. [Washington Post, 6/22/2003] The weeks later, a US intelligence report suggests that senior Indonesian military officials discussed an operation against Freeport shortly before the ambush (see Mid-September 2002). [Washington Post, 11/3/2002] Matthew P. Daley, deputy assistant secretary of state for East Asian and Pacific Affairs, later says: “The preponderance of evidence indicates to us that members of the Indonesian army were responsible for the murders in Papua. The question of what level and for what motive did these murders take place is of deep interest to the United States.” At the time, over 2,000 security personnel were guarding the Freeport mine, and this has been a lucrative business for the TNI. However, Freeport had made recent comments in the local media that they were planning on cutting the security forces. The Washington Post will report in 2003 that the FBI is investigating the possibility that the ambush was designed to make Freeport increase its payments to the TNI. The Post will additionally report US officials also believe that “elements of the military may have wanted to frame the [OPM] in the hope of prompting the State Department to add the group to the department’s terrorist list. If the separatists were listed as a terrorist group, it would almost guarantee an increase in US counterterrorism aid to the Indonesian military.” [Washington Post, 6/22/2003] In 2006, the New York Times will report that, despite all the evidence, “Bush administration officials [have] consistently sought to absolve the Indonesian military of any link to the killings.” In November 2005, the US officially restores ties to the TNI despite the unresolved nature of the killings. The ties had been cut for 12 years due to widespread human rights abuses by the TNI. Also in 2006, Anthonius Wamang, the main suspect in the killings who was recently arrested, will confess that he did shoot at the teachers, but so did three men in Indonesian military uniforms. Furthermore, he says he was given his bullets by a senior Indonesian soldier. Wamang is said to belong to the OPM, but a human rights group connects him to the TNI. [New York Times, 1/14/2006] After the Bali bombings less than two months later (see October 12, 2002), the Asia Times will point to the Papua ambush to suggest that elements in the TNI could have had a role in the Bali bombings as well. [Asia Times, 11/7/2002]
With the US having diverted much of their best troops and equipment to Iraq, the Taliban and al-Qaeda begin regrouping inside Afghanistan. In August 2002, it is reported that former Taliban head Mullah Omar has secretly returned to Afghanistan and is living in remote hideouts near Kandahar. [Guardian, 8/30/2002] In September, US intelligence officials say “al-Qaeda operatives who found refuge in Pakistan are starting to regroup and move back into Afghanistan… The movement back into Afghanistan is still relatively small and involves al-Qaeda members traveling in small groups, the officials say.… American officials say the world’s largest concentrations of al-Qaeda operatives are now in Afghanistan and Pakistan, and the recent influx into Afghanistan is creating new dangers.” [New York Times, 9/10/2002] In December, a United Nations report claims that al-Qaeda training camps have recently been reactivated in Afghanistan, and new volunteers are making their way to the camps. While the new camps are basic, they are said to be “increasing the long-term capabilities of the al-Qaeda network.” [Associated Press, 12/17/2002]
After Senator Chuck Hagel learns that the White House counsel has told President Bush that he has the constitutional authority to use preemptive force without congressional approval (see September 25, 2001), he calls White House Chief of Staff Andrew Card and asks, “Andy, I don’t think you have a shred of ground to stand on, but more to the point, why would a president seriously consider taking a nation to war without Congress being with him?” Some time later, Hagel, along with senators Joseph Biden and Richard Lugar, are invited to the White House to discuss the matter. [Gentlemen's Quarterly, 1/2007]
Secretary of Defense Donald Rumsfeld tells Fortune magazine, “If you [worry about just] the cost, the money, Iraq is a very different situation from Afghanistan… Iraq has oil. They have financial resources.” [Financial Times, 1/16/2004]
In Athens, a number of Iraqi security officials get snagged in an arms bust arranged by the CIA. The CIA made it appear as though the Iraqis were buying guns for terrorists. The operation was part of an effort by the CIA’s Iraq Operations Group to exacerbate the tension between the US and Saddam Hussein in the lead-up to war with Iraq. [Isikoff and Corn, 2006, pp. 161]
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