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The Bush administration and the United Nations disagree over how intrusive the inspections should be. The US wants the inspectors to be as aggressive as possible by visiting sensitive sites and demanding interviews with Iraqi scientists without the presence of minders. Hans Blix, on the other hand, advocates a more measured approach to achieving disarmament. He says that inspection team recruits should be “firm” with their Iraqi counterparts but never “angry and aggressive.” One of his aides tells The Washington Post in late November 2002: “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspectors argue that it makes no sense—nor is logistically feasible—to begin the inspections process with intrusive inspections of Iraq’s most sensitive sites. One UN official explains to The Washington Post, “If you only have 11 people, you cannot go to a big new site, but you can go check on a known monitoring site.” The Independent reports that inspectors “believe it would not only be counterproductive, but could damage the prospect of ascertaining whether President Saddam does indeed possess an arsenal of weapons of mass destruction.” [Washington Post, 11/17/2002] In December, Washington calls for an increase in the UN inspectors’ staff so that the UN’s two agencies can conduct multiple simultaneous inspections each day. On December 4, White House Press Secretary Ari Fleischer says, “We want to make certain that they [the inspections] are aggressive enough to be able to ascertain the facts in the face of an adversary who in the past did everything in his power to hide the facts.” [BBC, 12/4/2002]
The Bush administration disagrees with UN inspectors and the governments of other Security Council member states on how much time inspectors will need to complete their work. The Bush administration, eager to begin its planned invasion of Iraq before the end of March, opposes suggestions by inspectors that the process will require a year or more. Military planners are concerned that beginning an invasion after March could cause some of the heaviest fighting to occur during Iraq’s blistering hot summer. The Washington Times reports: “US military planners are facing the prospect that weapons inspections in Iraq will drag on for months, pushing the Pentagon’s timetable for action from the ideal weather of February to the blistering days of midsummer…. War designers see February as the best time to fight and have considered troop deployments around that date. A February campaign would capitalize on optimum weather in the desert region. A February date also would allow three months for the administration to complete a final war plan, line up support from allies, and deploy and alert the necessary combat units.” [Washington Times, 11/29/2002]
Elliott Abrams, a well-known neoconservative and former Iran-Contra figure, leads one of a dozen Bush administration working groups charged with drafting post-invasion plans. Involved in his group are adamant neoconservatives Joe Collins, a deputy assistant secretary at the Pentagon, and Robin Cleveland, a former aide to Republican Sen. Mitch McConnell of Kentucky. His working group is supposed to draft plans for rapid humanitarian planning. But critics in the State Department complain that it involves itself in the issue of post-Saddam politics and economic reconstruction. Abrams’ group is backed by Paul Wolfowitz and the vice president’s office. An ally of Secretary of State Colin Powell tells Insight magazine, “This is a case of stealthy micromanagement by the Wolfowitz hawks—they use what bureaucratic vehicles are available to make their imprint on policy.” Additionally the group is very secretive. It refuses “to brief not only top State Department officials but also aides of Gen. Tommy Franks, the commanding officer of the US Central Command [CENTCOM], about what it is doing.” Instead it stovepipes its work to its contacts in the White House. Sources in the State Department and CIA believe that one of the group’s apparent aims is reducing the influence of the State Department, CIA and the United Nations in post-Saddam Iraq. These critics also question “why a convicted felon [Abrams], pardoned or not, is being allowed to help shape policy.” Within the Pentagon, there is also resentment of Abrams’ group. An unnamed Pentagon source says General Tommy Franks is being “left out of the loop.” A Defense official says, “CENTCOM is for the most part unaware of what Abrams is doing, but friction is developing and the military end of the equation feels that they are being mislead.” [Insight, 11/26/2002; Insight, 12/28/2002]
Presidential adviser Karl Rove is concerned about the 9/11 Commission, which is soon to be established (see November 15, 2002). Author Philip Shenon will say this is because he thinks that “in the wrong hands… [it] could cost President Bush a second term.” According to Democratic Senate Minority Leader Tom Daschle, Republican Senator Trent Lott says that behind-the-scenes opposition to the commission’s creation is orchestrated by Rove and the White House’s political office. “It’s all Rove,” Lott tells Daschle. Rove is also involved in the selection of the Commission’s initial chairman, Henry Kissinger (see November 27, 2002), and his successor Tom Kean (see December 14, 2002). [Shenon, 2008, pp. 15, 29]
The Bush administration announces that Ireland and Mauritius will vote in favor of the revised version of the US-British draft resolution, thus giving the US and Britain the required majority to pass their resolution. “We’re done,” announces one US official. “We are confident that we have a majority, and we are looking to end the diplomatic process next week.” France and Russia, meanwhile stand by their criticisms of the resolution. [Baltimore Sun, 11/2/2002]
The Pentagon issues “stop-loss” orders for the National Guard. The order prevents Guardsmen whose volunteer commissions expire from leaving the Guard. Once deployed in Iraq or Afghanistan, Guardsmen will be compelled to remain for the duration of their units’ deployment. They can also be redeployed for up to 90 days after returning home from a tour of duty. [USA Today, 1/5/2004; Wilson, 2007, pp. 120]
The US Navy looks for merchant ships to carry huge amounts of armor and ammunition to the Persian Gulf, in preparation for the upcoming invasion of Iraq. [Unger, 2007, pp. 267]
In an interview with the London Times, Ariel Sharon says that Iran must be toppled after the US invades Iraq. Sharon calls Iraq “a very, very dangerous country led by an insane regime” and describes Iran as the “center of world terror” and a direct threat to Israel (see also February 9, 2002). [London Times, 11/2/2002]
A special prosecutor says he will not file charges in the alleged “voter fraud” by a Democratic gubernatorial candidate in Wisconsin. Governor Scott McCallum (R-WI) charged his opponent, Attorney General Jim Doyle (D-WI), with buying votes from the residents of a home for the mentally challenged in Kenosha (see October 22-31, 2002). Special prosecutor Ted Kmiec says no charges will be filed because he cannot prove beyond a reasonable doubt that any violations of state election law occurred. The residents did receive “gifts” in the aftermath of bingo games, Kmiec says—typically less than $2 in quarters and soda—but no evidence exists that votes were solicited for those gifts, no evidence of any political discussions from the Doyle volunteer hosting the games exists, and no one handed out campaign materials. The volunteer who hosted the games has been visiting the residential facility for at least 12 years, and has a family member staying there. Everyone who did cast an absentee ballot at the residence is an eligible voter, Kmiec adds. Doyle lambasts McCallum for issuing the charges and for running a spate of television ads accusing Doyle of being “crooked” and of “bribing the mentally ill for votes.” He demands an apology from McCallum and for the state news media to set the record straight. “This is a clean bill of health for my campaign and an indictment of Scott McCallum’s campaign of distortion and character assassination,” Doyle says in a statement. “No one was bribed. No one’s vote was influenced. Nothing improper took place. My campaign and I have been falsely accused.” For his part, McCallum and his campaign claim the investigation by Kmiec was tainted, because Kmiec was appointed by Kenosha County District Attorney Robert Jambois, a Doyle supporter. The McCallum campaign charges Kmiec with “a clear conflict of interest.” State Republican chairman Rick Graber says regardless of Kmiec’s findings, he still believes Doyle committed “voter fraud.” Graber says the Wisconsin Republican Party will continue with the allegations until the election on November 4. Doyle campaign director Bill Christofferson says that he now believes the reporter who made the initial allegations, WTMJ-TV’s Scott Friedman, himself asked the residence’s activities director, Tammy Nerling, to encourage residents to fill out absentee ballots. Nerling says Friedman asked her if his crew could film the residents voting, a request Christofferson says is “fishy” in retrospect. WTMJ says any allegations of complicity between Friedman and the McCallum campaign, or any suggestions that Friedman tried to encourage illicit voting behavior, are “outrageous.” [Milwaukee Journal-Sentinel, 11/2/2002]
Qaed Senyan al-Harethi. [Source: Yemen Observer]A CIA-operated Predator drone fires a missile that destroys a truck of suspected al-Qaeda operatives in Yemen. The target of the attack is Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, but five others are also killed, including American citizen Kamal Derwish. [Washington Post, 11/4/2002; Associated Press, 12/3/2002] Al-Harethi is said to have been involved in the 2000 bombing of the USS Cole. Bush administration officials say Derwish was the ringleader of a sleeper cell in Lackawanna, New York (see September 13, 2002). [Washington Post, 11/9/2002; Newsweek, 11/11/2002] A former high-level intelligence officer complains that Defense Secretary Donald Rumsfeld wants “to take guys out for political effect.” Al-Harethi was being tracked for weeks through his cell phone. [New Yorker, 12/16/2002] The attack happens one day before mid-term elections in the US. Newsweek will note that timing of the strike “was, at the very least, fortuitous” for the Bush administration. [Newsweek, 11/11/2002] New Yorker magazine will later report, “The Yemeni government had planned to delay an announcement of the attack until it could issue a joint statement with Washington. When American officials released the story unilaterally, in time for Election Day, the Yemenis were angry and dismayed.” [New Yorker, 12/16/2002] Initial reports suggest the truck was destroyed by a car bomb. But on November 5, Deputy Defense Secretary Paul Wolfowitz will brag about the strike on CNN, thus ruining the cover story and revealing that the truck was destroyed by a US missile (see November 5, 2002). [Newsweek, 11/11/2002] US intelligence appears to have learned of al-Harethi’s whereabouts after interrogating Abd al-Rahim al-Nashiri, captured the month before (see Early October 2002).
Maj. Gen. Geoffrey Miller assumes command of the new Joint Task Force (JTF) GTMO, which is the product of the merger of the military intelligence and military police units at Guantanamo (see October 9, 2002). [Amnesty International, 10/27/2004] Although he is reported not to have had any formal training in the operation of prisons or in intelligence, Miller comes to be seen at the Pentagon as largely successful in extracting information from the prisoners. “[H]e oversaw,” according to the Washington Post, “a transformation of the… detention center at Guantanamo Bay from a disorganized bundle of tents into an efficient prison that routinely produced what officials have called ‘moderately valuable’ intelligence for the war on terrorism.” [Washington Post, 5/16/2004] The “Tipton Three,”—Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul—also notice the difference. “We had the impression,” Rasul recalls, “that at the beginning things were not carefully planned but a point came at which you could notice things changing. That appeared to be after [the arrival of] Gen. Miller around the end of 2002.” Thus, according to the Tipton Three, it is under Miller that the practice of so called “short-shackling” begins, which is the chaining of prisoners into squatting or fetal positions. Miller’s arrival also heralds, according to the three Britons, the start of sexual humiliation, “loud music playing in interrogation, shaving beards and hair,… taking away people’s ‘comfort’ items, the introduction of levels, moving some people every two hours depriving them of sleep, [and] the use of A/C air.” Also, isolation periods are stepped up considerably. “Before, when people would be put into blocks for isolation, they would seem to stay for not more than a month. After he came, people would be kept there for months and months and months,” the three allege. “Isolation was always there.” Additionally, the occasional call for prayers is ended under Miller. [Rasul, Iqbal, and Ahmed, 7/26/2004 ]
Qaed Salim Sinan Al-Harethi (right) with Osama bin Laden on May 26, 1998, in Khost, Afghanistan. [Source: CNN via Getty Images]Deputy Defense Secretary Paul Wolfowitz confirms that the assassination of Qaed Senyan al-Harethi in Yemen two days earlier (see November 3, 2002) was done with a US Predator drone that struck the truck carrying al-Harethi and five others. Initial reported suggested that the truck was destroyed by a car bomb, but this cover story is blown when Wolfowitz brags about the success of the operation on CNN, revealing US involvement. Newsweek reports that “The CIA, which ran the operation, was furious with the Defense Department for blowing its cover story.” US procedures required that the Yemeni government had to give approval of the strike in advance, and the revelation of such approval is highly embarrassing to the Yemeni government. [Washington Post, 11/6/2002; Newsweek, 11/11/2002] There are widespread protests in Yemen and the US Embassy has to be closed for a period of time following Wolfowitz’s revelation. [Salon, 8/13/2004] A knowledgeable source tells Newsweek that Yemen’s President Ali Abdallah Saleh is “highly pissed” about the leak. CIA officials worry the leak will discourage other countries from allowing Predator strikes within their borders. A former senior CIA official says, “The Pentagon view seems to be, this is good, it shows we can reach out and touch ‘em. The CIA view is, you dumb bastards, this means no other country will cooperate with us!” [Newsweek, 11/11/2002] Yayha Almutawakel, deputy secretary general of the ruling party in Yemen, says,
“This is why it is so difficult to make deals with the United States. This is why we are reluctant to work closely with them. They don’t consider the internal consequences in Yemen. In security matters you don’t want to alert the enemy.” [Salon, 8/13/2004] Wolfowitz’s leak also starts a debate about the morality and legality of the strike, especially since a US citizen was killed (see November 5- December, 2002).
Republicans win control of Congress in the midterm elections. For the first time in modern history, the GOP controls all three branches of federal government, with a Republican president, Republican majorities in the House and Senate, and a Republican/conservative majority on the Supreme Court. For the next two years, the Bush administration will enjoy near-complete cooperation from Congress in prosecuting and funding the war in Iraq. [Unger, 2007, pp. 267]
Congress passes a law creating the Institute of Education Sciences, a subsidiary of the Department of Education. The new institute is designed to generate independent statistics about student performance. The law stipulates that the institute’s director may conduct and publish research “without the approval of the secretary [of education] or any other office of the department.” President Bush issues a signing statement indicating that contrary to the law, the director will be responsible to the secretary of education. Since the president has the power to control the actions of all executive branch officials, the statement asserts, “the director of the Institute of Education Sciences shall [be] subject to the supervision and direction of the secretary of education.” Bush’s signing statement directly contradicts the letter and the intent of Congress’s law. [Boston Globe, 4/30/2006; Savage, 2007, pp. 240]
Kamal Derwish. [Source: PBS]The revelation that the US killed Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002 and November 5, 2002) sparks a debate about the morality and legality of remote attacks outside of war zones. The Bush administration had previously criticized Israel’s policy of “targeted killings” of Palestinian militants. Newsweek comments, “A State Department spokesman bobbed and weaved and tried to draw distinctions. But, privately, administration officials say the difference is really one of scale and frequency.” [Newsweek, 11/11/2002] Many international lawyers and some foreign governments question the legality of the assassination. [Guardian, 11/6/2002] For decades, the US government has been prohibited from conducting assassinations. The Bush administration says it still adheres to that policy but makes an exception for “enemy combatants” such as al-Qaeda leaders. In December 2002, it will be revealed that President Bush approved a secret “high-value target list” of about two dozen terrorist leaders, giving the CIA basic executive and legal authority to either kill or capture those in the list. The CIA is also empowered to capture or kill terrorists not mentioned in the list (see September 17, 2001). [New York Times, 12/15/2002] Additional controversy is generated when it is discovered that US citizen Kamal Derwish was one of those killed in the strike. Derwish is alleged to have been connected to an al-Qaeda cell in Buffalo, New York. US officials say the CIA has the legal authority to target and kill US citizens it believes are working for al-Qaeda (see July 22, 2002). [Associated Press, 12/3/2002] The New Yorker reveals that there were two planned Predator strikes in Yemen called off at the last minute that turned out to be aimed at innocent people instead of al-Harethi. One recently retired Special Forces operative who served on high-level planning staffs at the Pentagon warns that the civilians running the military are no longer trying to “avoid the gray area.” Defense Secretary Donald Rumsfeld is reportedly behind the effort to use the CIA and special forces for more remote killings (see July 22, 2002). One former high-level intelligence officer complains, “They want to turn these guys into assassins. They want to go on rumors—not facts—and go for political effect, and that’s what the Special Forces Command is really afraid of.” [New Yorker, 12/16/2002] Noting that in its battle against al-Qaeda, the US has effectively deemed the entire planet a combat zone, Scott Silliman, director of Duke University’s Center on Law, Ethics and National Security says, “Could you put a Hellfire missile into a car in Washington, DC?…The answer is yes, you could.” But National Security Adviser Condoleezza Rice says, “No constitutional questions are raised here.” [Chicago Tribune, 11/24/2002; Associated Press, 12/3/2002]
Confident of UN support for its resolution (see November 1, 2002), the Bush administration presents the UN Security Council with a third draft for an even tougher UN resolution aimed at “disarming” Saddam Hussein’s regime. In one section the word “or” is replaced with “and,” and in another the phrase “restore international peace and security” is changed to “secure international peace and security.” France will agree to the new draft on November 7 and the resolution will be passed by the council unanimously on November 8 (see November 8, 2002) with only slight modifications. [CNN, 11/8/2002]
A reporter asks President Bush if he thinks a war against Iraq might be a bad idea given widespread concerns that it could “generate a tremendous amount of anger and hatred at the United States… [thus] creating many new terrorists who would want to kill Americans.” Bush responds that the US should not avoid taking action out of fear that it might “irritate somebody [who] would create a danger to Americans.” He adds that no decision has been made with regard to using force against Iraq. “Hopefully, we can do this peacefully,” he says. “And if the world were to collectively come together to do so, and to put pressure on Saddam Hussein and convince him to disarm, there’s a chance he may decide to do that. And war is not my first choice… it’s my last choice. But nevertheless, it is… an option in order to make the world a more peaceful place.” [US President, 11/11/2002]
McClellan: War 'Inevitable' - However, current deputy press secretary Scott McClellan will dispute Bush’s claim. In 2008, he will write: “Bush made sure this initiative was closely held, known only by a few people who could be trusted not to leak it. But it meant that, in effect, Bush had already made the decision to go to war—even if he convinced himself it might still be avoided. In the back of his mind, he would be convinced in Iraq, as on other issues, that until he gave the final order to commence war the decision was never final. But as I would learn upon reflection, war was inevitable given the course of action the president set from the beginning.” [McClellan, 2008, pp. 127-128]
Enabled by Foreign Advisers - McClellan will continue: “Did Bush’s National Security Adviser, Condi Rice, fully calibrate for Bush’s headstrong style of leadership or appreciate the need to keep his beliefs in proper check? That will be for historians to judge. But overall, Bush’s foreign policy advisers played right into his thinking, doing little to question it or to cause him to pause long enough to fully consider the consequences before moving forward. And once Bush set a course of action, it was rarely questioned. That is what Bush expected and made known to his top advisers. The strategy for carrying out a policy was open for debate, but there would be no hand-wringing, no second-guessing of the policy once it was decided and set in motion.” [McClellan, 2008, pp. 127-128]
Two Tucson, Arizona, residents, David Vigil and his wife Whitney Starr, are arrested for filing false liens against local officials in Oro Valley. Vigil and Starr describe themselves as “Freemen,” though it is not clear that they are affiliated to the Montana Freemen (see 1993-1994 and March 16, 1999). They used Freemen-like legal tactics against local officials when those officials cited a relative of theirs for driving without a license and registration; in retaliation, Vigil and Starr filed false liens against the officials’ property. John Evans of the Arizona Attorney General’s Office says, “That ended up with these people assisting and filing enormous liens against police officers, most of the Oro Valley City Council, [and] the Mayor, alleging that they owed the Starrs millions of dollars.” The liens were eventually dismissed. Authorities believe Vigil and Starr may be part of a larger group. [KOLD-TV, 11/7/2002]
The UN Security Council unanimously votes 15-0 in favor of UN Resolution 1441, which stipulates that Iraq is required to readmit UN weapons inspectors under tougher terms than required by previous UN resolutions. The resolution does not give the US authority to use force against Iraq. [United Nations, 11/8/2002] The resolution makes it very clear that only the UN Security Council has the right to take punitive action against Iraq in the event of noncompliance. [Common Dreams, 11/14/2002] After the resolution is passed, top Bush administration officials make public statements threatening to use military force against Iraq if Saddam’s regime does not comply with the resolution. George Bush, Colin Powell, John Negroponte, Andrew Card, and Ari Fleischer make statements asserting that the resolution does not prevent the US from using force.
A provision that would have authorized UN member states to use “all necessary means” to disarm Iraq is relocated to the preamble of the resolution where it has no practical significance. [New York Times, 11/6/2002; United Nations, 11/9/2002]
A provision requiring that security guards accompany the inspectors is removed. [New York Times, 11/6/2002]
The resolution requires Iraq to provide the UN with the names of all its weapons experts. [New York Times, 11/6/2002; London Times, 11/9/2002; United Nations, 11/9/2002]
The resolution states that weapons inspectors will be authorized to remove Iraqi scientists, as well as their families, from Iraq in order to interview them. An official later tells the Washington Post that the power to interview Iraqi scientists was “the most significant authority contained in the resolution” and “the one thing that is most likely to produce overt Iraqi opposition.” [United Nations, 11/9/2002; Washington Post, 12/12/2002]
The resolution overturns provisions of the previous Resolution 1154 that required UN inspectors to notify Baghdad before inspecting Saddam Hussein’s presidential sites. Resolution 1154 had also required that inspections of those sensitive sites occur in the presence of diplomats. The new resolution demands that Iraq allow the inspectors “immediate, unimpeded, unconditional and unrestricted access” to any sites chosen by the inspectors. [United Nations, 11/9/2002] Unnamed diplomats and US officials tell USA Today that the US may attempt to claim that Iraq is engaged in a pattern of defiance and deceit if it hinders the inspectors in any way. [USA Today, 12/19/2002 Sources: Unnamed diplomats and US officials]
The resolution includes a provision calling for “no-fly” and “no-drive” zones in the areas surrounding suspected weapons sites to prevent the Iraqis from removing evidence prior to or during inspections. [United Nations, 11/9/2002]
The final resolution includes statements stipulating that an Iraqi failure to comply with the terms of the resolution, including “false statements or omissions” in the weapons declaration it is required to submit, will “constitute a further material breach” of its obligations. Additional wording included in the same provision explains that any breach of the resolution will “be reported to the Council for assessment.” Also, towards the end of the resolution, it states that the chief weapons inspector should “report immediately to the Council any interference” by Iraq so that the Council can “convene immediately to consider the situation and the need for full compliance with all the relevant council resolutions in order to restore international peace and security.” [New York Times, 11/6/2002; CNN, 11/8/2002; London Times, 11/9/2002; United Nations, 11/9/2002]
Paragraph 8 of UN Security Council Resolution 1441 states that Iraq “shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or the IAEA or of any Member State taking action to uphold any Council resolution.” The US contends that this applies to the US- and British- patrolling of the “no-fly” zones that the two countries imposed shortly after the Gulf War. The “patrolling,” which has never been officially sanctioned by the UN and which is not recognized by Iraq, often includes aerial attacks on Iraqi sovereign territory. Iraq consistently fires on the attacking jets in self-defense. Other UN Security Council members explicitly oppose this interpretation of the resolution before its passage. [United Nations, 11/9/2002; Associated Press, 11/12/2002]
The resolution gives Iraq seven days to announce whether or not it will comply with the resolution, and 30 days (December 8) to declare its chemical, biological, and nuclear-related capabilities—even those that are unrelated to weapons programs. 10 days after Iraq’s acceptance of the terms, inspectors will send an advanced team to Baghdad, but will have a total of 45 days to begin the actual work. The inspection team will be required to provide the UN Security Council with a report 60 days (January 27) after the commencement of its work. [Guardian, 11/7/2002; Associated Press, 11/8/2002; United Nations, 11/9/2002; Associated Press, 11/13/2002] Diplomats and US officials speaking off the record tell USA Today that the declaration due on December 8 represents a hidden trigger, explaining that any omissions will be considered a material breach and sufficient justification for war. [USA Today, 12/19/2002 Sources: Unnamed diplomats and US officials]
Syria requested that the resolution include a provision stating that Iraq’s compliance with the terms would result in the lifting of sanctions. This provision was not included. [CNN, 11/8/2002]
Syria requested that the resolution declare the entire Middle East a “nuclear-free and weapons of mass destruction-free zone.” This provision was not included. [CNN, 11/8/2002]
France did not want the resolution to include any wording that might authorize the use of force. Instead it argued that the resolution should include only terms for tougher inspections. In the event of Iraqi noncompliance with the terms, France argued, a separate resolution should be agreed upon to decide what further action would be necessary. France lost its argument, and the new resolution includes a warning to Iraq “that it will face serious consequences” in the event of its failure to comply with the terms of the resolution. [Guardian, 11/7/2002]
Carol Lam. [Source: Common Dreams (,org)]Carol Lam is sworn in as the US Attorney for the Southern District of California. [Talking Points Memo, 2011] Lam is a former Assistant US Attorney, a former California Superior Court judge, and an acknowledged expert on white-collar crime and health care fraud. During her interview process for the US Attorney position, she described herself as “non-partisan,” and said she does not belong to any political party. When asked if she could support the Justice Department’s policies considering that she is not a Republican, she answered that “it is a responsibility of a US Attorney to effect the attorney general’s guidelines in a way that makes sense in the district.” White House Counsel Kyle Sampson (see 2001-2003) offered Lam the job, at which time she told him that he had not “made things easy by virtue of the fact that I was a non-partisan.” Lam’s ascension to her post was delayed by political infighting between powerful Republicans and Democrats. It is the first time in five years her district has had a presidentially appointed, Senate-confirmed US Attorney. There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president, and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. [Iglesias and Seay, 5/2008, pp. 124; US Department of Justice, Office of the Inspector General, 9/29/2008]
A can of pepper spray apparently possessed by one of the hijackers. This can was introduced as evidence in Zacarias Moussaoui’s 2006 trial. [Source: FBI]It is revealed that while the government did not ban box cutters, the airlines’ own rules did. It had been widely reported the hijackers used box cutters because they were legal. It now appears pepper spray was also banned and, like box cutters, should have been confiscated. There is evidence the hijackers used pepper spray as well. It has been reported that nine of the hijackers were given special security screenings on 9/11, and six of those had their bags checked for weapons. [Associated Press, 11/11/2002]
Emission by type of vehicle [Source: National Park Service] (click image to enlarge)The National Park Service (NPS) announces a plan to reverse a Clinton-era ban on snowmobiles in Yellowstone and Grand Teton National Parks. The NPS proposal would limit the number of snowmobiles permitted in the parks per day to 1,100 by December 2003. However, beginning with the 2004-2005 winter season, there would be no restrictions on the number of snowmobiles permitted in the parks. [Associated Press, 11/12/2002; Associated Press, 11/12/2002] The proposal is made despite the National Park Service having received some 360,000 emails and letters on the issue, eighty percent of which were in support of the ban. [United Press International, 11/11/2002] Lifting the ban on snowmobiles would have a considerable impact given that according to the EPA’s own figures, the emissions from a single snowmobile can equal that of 100 automobiles. [Blue Water Network, 1999; National Park Service, 5/2000; Environmental Protection Agency, 2001] The EPA had recommended in 1999 that snowmobiles be barred from the two parks in order to provide the “best available protection” for air quality, wildlife and the health of people visiting and working in the park. After coming to office, the Bush administration ordered a review of the policy as part of a settlement with snowmobile manufacturers who had challenged the ban. [Associated Press, 11/12/2002]
Following six attacks by different radical Islamic groups in Tunisia (see April 11, 2002), Pakistan, Yemen (see October 6, 2002), Kuwait, Bali (see October 12, 2002), and Moscow, a new audio message is released by a man said by some to be Osama bin Laden, although the identity of the speaker will be disputed (see November 29, 2002). The voice on the tape outlines a principle he says he and his allies are using: reciprocity. He comments: “If it pains you to see your victims and your allies’ victims in Tunisia, Karachi, Failaka, and Oman, then remember that our children are murdered daily in Palestine and Iraq… If it pains you to see your victims in Moscow, then remember ours in Chechnya. How long will fear, killing, destruction, displacement, orphaning, and widowing be our sole destiny, while security, stability, and happiness is yours? This is injustice. The time has come to settle accounts. Just as you kill, so you shall be killed; just as you bomb, so you shall be bombed. And there will be more to come.” [Laden, 2005, pp. 173-5]
Neoconservative Michael Ledeen recommends that the US invade Iraq—but only after invading Iran and overthrowing that nation’s government. Ledeen claims that the sporadic demonstrations by Iranian dissidents prove that the entire nation is just waiting for someone like the US to come in and get rid of the theocratic Iranian “mullahcracy” and replace it with a Western-style democracy. Ledeen writes: “This is yet another test of the courage and coherence of American leaders. President Bush has been outstanding in endorsing the calls for freedom in Iran, as has Defense Secretary Rumsfeld. It would be nice if Secretary of State Powell added his own eloquence to the chorus, especially because many Iranians fear that the State Department is still trying to cut a deal with the mullahs. I have long argued that it would be better to liberate Iran before Iraq, and events may soon give us that opportunity. Let’s hope our national security team recognizes how wonderful an opportunity it is, and therefore gives the Iranian freedom fighters the assistance they so richly deserve. Faster, please. Opportunity is knocking at our door.” [National Review, 11/12/2002]
A typical atropine auto-injector as provided for the US military. [Source: King Pharmaceutical]White House officials report that Iraq has ordered a million doses of atropine, a drug used as an antidote to sarin and VX nerve agents. Iraq has also ordered a million auto-injectors, designed to inject the material into a person’s leg. Both orders were made with suppliers in Turkey, who are being pressured to abort the sales. White House officials say that the quantities ordered by Iraq are far larger than any amount they might need for normal hospital use. “If the Iraqis were going to use nerve agents, they would want to take steps to protect their own soldiers, if not their population,” an official says. “This is something that US intelligence is mindful of and very concerned about.” Iraq claims to have destroyed its stockpiles of sarin and VX, but US intelligence officials doubt this. US soldiers carry atropine and auto-injectors in first-aid kits in case of chemical attacks. One official notes that Iraq has also ordered another antidote for chemical weapons, obidoxime chloride. Officials admit that atropine is commonly used in hospitals and clinics to resuscitate patients who have suffered heart attacks: “Atropine and auto-injectors are common products,” an official says. Auto-injectors commonly inject five times as much atropine as is usually used for heart attack victims. [New York Times, 11/12/2002]
President Bush reiterates the White House’s interpretation of UN Resolution 1441, saying: “I have told the United Nations we’ll be glad to consult with them, but the resolution does not prevent us from doing what needs to be done, which is to hold Saddam Hussein into account. We hope that he disarms, we hope that he will listen to the world.” [US President, 11/18/2002] Deputy press secretary Scott McClellan will later observe: “Pursuing a new UN resolution that included an immediate call for Saddam to come clean and let inspectors back in was vital to building public support. Even more important for the American public was to have strong, bipartisan Congressional support. Americans would be much more likely to support war if they felt Bush had pursued and exhausted diplomatic options and if Congress provided strong bipartisan approval.” [McClellan, 2008, pp. 138]
The release of an audio message by a man thought to be Osama bin Laden (see November 12, 2002) sparks several publications to run stories about the authentication of the voice on the tape. These articles make several points about voice analysis of apparent bin Laden recordings:
Machine analysis: Some aspects of voice identification are done my machine. Voice authentication software measures the acoustic qualities of a person’s voice, such as pitch, loudness, basic resonances, frequency, and amplitude. [New Scientist, 11/13/2002; Slate, 11/15/2002] This produces spectrographic information and can also be used to look for specific features of a voice, such as a nasal quality. In addition, every person creates the same sounds using a slightly different set of basic pitches, so the set of frequencies in bin Laden’s vowels, like those in “ea” from “fear,” will be marginally different from anyone else’s. By examining this frequency detail for every vowel and comparing them to previous examples, a machine analysis can tell if they are the same and were all said by him. [Slate, 11/15/2002] However, “People hardly ever pronounce the same word the same way twice, even in the same utterance,” says Robert Berkovitz, a speech analyst with Sensimetrics Corp. [CBS News, 11/13/2002]
Human analysis: Some aspects of voice identification are done by humans, who are, according to Slate, “very good at doing the kind of thing most people do subconsciously—telling if someone comes from a particular region by recognizing basic vowel and consonant qualities.” For example, a human analyst can tell whether the “Ye” sound in “Yemen” is of the right length and stress for bin Laden’s dialect. [Slate, 11/15/2002] Experts listen to previous recordings of bin Laden, and compare them syllable by syllable. [New Scientist, 11/13/2002; Slate, 11/15/2002] Experts can also verify whether words on a tape generally match those uttered by someone of bin Laden’s age and educational background. [Slate, 11/15/2002]
Quality of tape: According to Slate, the November tape is “allegedly very noisy and possibly went down a phone line at some point.” [Slate, 11/15/2002] However, the New Scientist reports, “Voice analysis experts say the quality of the recording appears good enough to determine if the recording is genuine.” It also quotes Steve Cain of Forensic Tape Analysis, a company that received snippets of the tape from US media, who says, “It seems like it is at least clear enough and there’s enough amplitude of that unknown speaker’s voice that if you had a known sample of bin Laden it would be possible.” [New Scientist, 11/13/2002]
Splicing: Analysis can determine whether a tape is spliced together. Potential red flags include hitches in timing and rhythm, removal of background noise, and different pitch to accommodate for differences in background noise. [Slate, 11/15/2002]
It makes no difference to voice analysis what language a recording is in. [CBS News, 11/13/2002]
Uncertainty: The New Scientist quotes Tomi Kinnunnen, an expert in computer analysis of speech at the University of Joensuu, Finland, as saying: “There is always the possibility of error.… But if you have a clean sample with little noise, you can quite reliably say [who it is].” [New Scientist, 11/13/2002] However, according to Slate, human and machine analyses can be “formidable,” but “neither type of analysis can say with 100 percent certainty that the speaker on the tape is bin Laden or anyone else.” [Slate, 11/15/2002] CBS finds that intelligence analysts are convinced the tape is from bin Laden, but “they will never be sure,” because “Computer voice analysis lacks the accuracy of fingerprint or DNA identification and can be hamstrung by a skilled impersonator or low-quality recording.” “You can say with some probability, but you can never be sure,” says Kenneth Stevens, a Massachusetts Institute of Technology expert on speech analysis and synthesis. “Where there’s a combination of strong motivation and relatively weak science, there’s an opportunity for deception,” adds Berkovitz. “You can’t put the voice in a slot and have it come out saying, ‘This is Joe Smith.’” [CBS News, 11/13/2002]
One analyst, Matsumi Suzuki of Japan Acoustic Lab, Tokyo, says that, although the recording seems genuine, the speaker sounds ill. [New Scientist, 11/13/2002]
Secretary of State Colin Powell hints that the US might view Iraqi attempts to shoot down coalition aircraft in the so-called “no-fly” zone as a breach of UN Resolution 1441 (see November 8, 2002). “If they [Iraqis] were to take hostile acts against the United States or [British] aircraft patrolling in the northern and (southern) no-fly zone, then I think we would have to look at that with great seriousness if they continue to do that.” [Associated Press, 11/14/2002; Washington Post, 11/17/2002]
Secretary of Defense Donald Rumsfeld says that if there is to be a war with Iraq, it will be short and relatively painless: “The idea that it’s going to be a long, long, long battle of some kind, I think is belied by the fact of what happened in 1990 (see August 7, 1990). Five days or five weeks or five months, but it certainly isn’t going to last any longer than that. It won’t be a World War III.”
Invasion about Iraqi WMDs, Not Oil - Rumsfeld refuses to say directly what the US will do if Iraq uses chemical or biological weapons on US invasion forces: “The United States government, the president and others, are communicating with people in Iraq, in the military, very forcefully that they ought not to use those weapons. Anyone in any way connected with weapons of mass destruction and their use will be held accountable, and people who helped avoid that would be advantaged.” If UN weapons inspectors find no weapons of mass destruction, Rumsfeld says that would prove only that “the inspections process had been successfully defeated by the Iraqis.” The upcoming invasion is entirely about WMD, he insists: “It has nothing to do with oil, literally nothing to do with oil. It has nothing to do with the religion.” [US Department of Defense, 11/14/2002; CBS News, 11/15/2002; Unger, 2007, pp. 267-268]
Iraq and 9/11 - Rumsfeld then directly conflates the upcoming invasion with September 11. Interviewer Steve Kroft asks how he would explain the invasion to a family whose son or daughter is in the military and about to be placed in harm’s way. Rumsfeld replies: “What would I say to you? Well, I would look you in the eye and I would say, go back before September 11th and ask yourself this question, was the attack that took place on September 11th an imminent threat the month before, or two months before, or three months before, or six months before? When did the attack on September 11th become an imminent threat? When was it sufficiently dangerous to our country that had we known about it that we could have stepped up and stopped it and saved 3,000 lives? Now, transport yourself forward a year, two years, or a week, or a month, and if Saddam Hussein were to take his weapons of mass destruction and transfer them, either use them himself, or transfer them to the al-Qaeda, and somehow the al-Qaeda were to engage in an attack on the United States, or an attack on US forces overseas, with a weapon of mass destruction you’re not talking about 300, or 3,000 people potentially being killed, but 30,000, or 100,000 of human beings. So the question is, when is it such an immediate threat that you must do something, is a tough question. But if you think about it, it’s the nexus, the connection, the relationship between terrorist states and weapons of mass destruction with terrorist networks that has changed our lives, and changed the security environment in the world.… Our task, your task as a mother, and as a citizen, as a voter, and my task, is to try to connect the dots before something happens, not afterwards. People say, well where’s the smoking gun? Well, we don’t want to see a smoking gun from a weapon of mass destruction.” [US Department of Defense, 11/14/2002]
US and British warplanes attack a radar installation in southern Iraq near Al Najaf about 85 miles southeast of Baghdad at around 2:50 EST after Iraqi air defenses fired on “coalition” aircraft that were patrolling the southern “no-fly” zone. This is the first such incident to have occurred after the passing of UN resolution 1441 (see November 8, 2002). The US- and British- imposed “no-fly” zones have never been recognized by the UN and the two countries’ jurisdiction over the zones has no legal basis. Iraq has consistently regarded this “patrolling” as a violation of its airspace and as a threat to its security. US and British warplanes have attacked Iraqi targets more than forty times during the 2002. After the attacks, the Bush administration claims that Iraq’s action was a violation of UN Resolution 1441. [Associated Press, 11/15/2002; United Press International, 11/15/2002; Associated Press, 11/16/2002; Washington Post, 11/16/2002; Washington Post, 11/17/2002]
Conservative radio talk show host Rush Limbaugh excoriates Senate Majority Leader Tom Daschle (D-SD), accusing him of attempting to “destroy this country” by questioning the Bush administration’s rationale for war with Iraq (see September 25, 2002 and September 26, 2002). Limbaugh directly impugns Daschle’s patriotism, accusing him of being a traitor and comparing him to “Hanoi Jane” Fonda and World War II’s Japanese propaganda maven, Tokyo Rose. “What more do you want to do to destroy this country than what you’ve already done?” Limbaugh shouts. “It is unconscionable what this man has done! This stuff gets broadcast around the world, Senator. What do you want your nickname to be? Hanoi Tom? Tokyo Tom?… You sit there and pontificate on the fact that we’re not winning the war on terrorism when you and your party have done nothing but try to sabotage it.” One of Limbaugh’s callers accuses Daschle and the Democrats of giving “aid and comfort to the enemy”—a legal definition of treason—and says of Daschle, “He’s not interested in the safety of this country.” [Jamieson and Cappella, 2008, pp. 156-157]
Congress approves legislation creating an independent commission—the National Commission on Terrorist Attacks Upon the United States—which will later be popularly known as the 9/11 Commission. The Commission’s mandate is to “examine and report on the facts and causes relating to the September 11th terrorist attacks” and “make a full and complete accounting of the circumstances surrounding the attacks.” President Bush signs it into law November 27, 2002. [US Congress, 11/27/2002] Bush originally opposed an independent commission (see May 23, 2002), but changed his mind over the summer (see September 20, 2002) after political pressure. The Democrats conceded several important aspects of the Commission (such as subpoena approval) after the White House threatened to create a Commission by executive order, over which it would have more control. Bush will appoint the Commission chairman and he sets a strict time frame (18 months) for its investigation. [CNN, 11/15/2002] The Commission will only have a $3 million budget. Senator Jon Corzine (D-NJ) and others wonder how the Commission can accomplish much with such a small budget. [Associated Press, 1/20/2003] (In contrast, a 1996 federal commission investigating casino gambling received $5 million; the federal government spent $50 million investigating Bill Clinton and Whitewater; and the investigation into the February 2003 Columbia shuttle explosion will receive $50 million.) [Carter, 2004, pp. 280] Senate Majority Leader Tom Daschle (D-SD) will call the budget “a joke.” [Shenon, 2008, pp. 31] The budget will later be increased (see March 26, 2003).
In an interview with the Philadelphia Inquirer, Deputy Secretary of Defense Paul Wolfowitz suggests, “If you’re looking for a historical analogy [to the upcoming US occupation of Iraq], it’s probably closer to post-liberation France [after World War II].” [Philadelphia Inquirer, 11/17/2002]
Hans Blix says he cannot guarantee that there will be no spies on his UN weapons inspections team. “People have asked me, ‘Can you be absolutely sure we will have no spies in any of the member states?’ and I said, ‘No, I don’t think either the KGB or the CIA can give that absolute assurance.’” He adds that if he discovers any spies, he will dismiss them from the team. [Reuters, 11/16/2002; BBC, 11/16/2002] The concern stems from the fact that the previous inspection regime, UNSCOM, had been infiltrated by US and British spies. While much of the intelligence obtained was used to increase the effectiveness of the inspections, some of it was used to serve other interests. For example, some of the intelligence was “used to help identify and target Hussein’s suspected hide-outs when US and British bombers launched the Desert Fox airstrikes in December 1998.” And some intelligence was even sent to Israel. [Los Angeles Times, 6/19/2002; Financial Times, 7/29/2002; London Times, 9/18/2002; Reuters, 10/3/2002; Los Angeles Times, 10/23/2002]
William Myers, the Interior Department’s solicitor general—and a former lobbyist for ranchers—announces to members of the Nevada Cattlemen’s Association (NCA) that the Bush administration intends to limit environmental reviews and make it easier for ranchers to graze livestock on public lands. He also says that the Department of Interior is seeking ways to prevent federal laws like the Clean Water Act and the Endangered Species Act from restricting grazing on public lands (see December 5, 2003). [Associated Press, 11/16/2002] “We should not be using the Endangered Species Act… as a land management tool. It is not there as a tool for zoning on federal lands,” Myers says. His comments are well received by the NCA. John Falen, a former president of the organization, tells the Associated Press, “Bill’s our friend. It’s been a long time since we had a friend in the solicitor’s office.” [Associated Press, 11/16/2002]
The CIA transfers detained al-Qaeda leader Abd al-Rahim al-Nashiri from the agency black site in Afghanistan known as the Salt Pit to another CIA prison in Thailand. [Associated Press, 9/7/2010]
A Toronto Star editorial entitled “Pursue the Truth About September 11” strongly criticizes the government and media regarding 9/11: “Getting the truth about 9/11 has seemed impossible. The evasions, the obfuscations, the contradictions and, let’s not put too fine a point on it, the lies have been overwhelming.… The questions are endless. But most are not being asked—still—by most of the media most of the time.… There are many people, and more by the minute, persuaded that, if the Bushies didn’t cause 9/11, they did nothing to stop it.” [Toronto Star, 11/17/2002]
Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [Associated Press, 12/11/2007] Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. [Washington Post, 12/18/2007] But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). [Newsweek, 6/28/2008]
US and British warplanes attack sites northeast of Mosul after Iraqi
defense forces fire anti-aircraft artillery at coalition aircraft patrolling the so-called “no-fly” zones. In a separate incident, warplanes attack two Iraqi air defense communications facilities and one air defense radar site in southern Iraq in Wassit and Dhi Oar after “Iraqi air defenses fired multiple surface-to-air missiles and anti-aircraft artillery at coalition aircraft.” [New York Times, 11/19/2002; Scotsman, 11/19/2002; Reuters, 11/19/2002; Associated Press, 11/20/2002] According to Iraqi authorities, four Iraqi civilians were wounded as a result of the attacks in southern Iraq. [Associated Press, 11/20/2002] White House spokesperson Scott McClellan says in a press briefing, “The United States believes that firing upon our aircraft in the no-fly zone, or British aircraft, is a violation—it is a material breach.” [White House, 11/18/2002; New York Times, 11/19/2002] And Defense Secretary Donald Rumsfeld, who is in Chile, says: “I do find it unacceptable that Iraq fires. It is for the president of the United States and the UN Security Council to make judgments about their view of Iraq’s behavior over a period of time.” [Daily Telegraph, 11/19/2002; New York Times, 11/19/2002; CNN, 11/23/2002] This is the second time the US has bombed Iraq since the passing of UN resolution 1441 (see November 8, 2002). The US will conduct at least 22 more aerial attacks on Iraq before the March 19, 2003 invasion. [Colorado Campaign for Middle East Peace, 1/11/2006] UN officials disagree with Washington’s assessment. Secretary-General Kofi Annan states, “Let me say that I don’t think that the council will say this is in contravention of the resolution of the Security Council.” [Reuters, 11/19/2002] Responding to Annan’s remarks, Rumsfeld argues, “I don’t know that he (Annan) necessarily reflects the UN, the center of gravity of the Security Council, on any particular issue at any particular time…. Whenever resolutions are passed, they tend to be compromises, and there tend to be calculated ambiguities written into them to gain votes. So it does not come as a surprise to me…. The United Nations sat there for years with 16 resolutions being violated. So, just as we’ve seen a pattern of behavior on the part of Saddam Hussein, we’ve seen a pattern of behavior on the part of the United Nations.” [US Department of Defense, 11/19/2002; CNN, 11/19/2002] No comments supporting the US position are made by the British. [Daily Telegraph, 11/19/2002]
A team of 26 UN inspectors arrive in Baghdad. On the tarmac of Saddam Hussein International Airport, UNMOVIC Weapons Inspection Chief Hans Blix tells reporters, “We have come here for one single reason and that is because the world wants to have assurances that there are no weapons of mass destruction in Iraq. The situation is tense at the moment, but there is a new opportunity and we are here to provide inspection which is credible… We hope we can all take that opportunity together…. There is a new opportunity and we hope that opportunity will be well-utilized so that we can get out of sanctions. And in the long term, we will have a zone free of weapons of mass destruction in the Middle East.” Hans Blix and Director of the International Atomic Energy Agency Mohamed ElBaradei then head to Baghdad where they meet with Iraqi Gen. Amir al-Saadi and Hussam Mohammed Amin, the head of the Iraqi National Monitoring Directorate. [CNN, 11/19/2002; Guardian, 11/29/2002]
The Foreign Intelligence Surveillance Court of Review, in its first-ever ruling, overturns a ruling by the Foreign Intelligence Surveillance Court (see May 17, 2002) that stopped the Justice Department from being granted sweeping new powers to conduct domestic surveillance on US citizens. [American Civil Liberties Union, 11/18/2002; FindLaw, 11/18/2002 ]
'Rubber Stamp' - The ACLU’s Ann Beeson says of the ruling, “We are deeply disappointed with the decision, which suggests that this special court exists only to rubberstamp government applications for intrusive surveillance warrants. “As of today, the Attorney General can suspend the ordinary requirements of the Fourth Amendment in order to listen in on phone calls, read e-mails, and conduct secret searches of Americans’ homes and offices.” The ACLU and other civil liberties organizations filed a friend-of-the-court brief asking that the original ruling stand. The ACLU and its partners are considering appealing the decision to the Supreme Court, as well as asking Congress to legislate tighter restrictions on the Justice Department’s ability to conduct domestic surveillance. Beeson notes that appealing the FISA Review Court’s decision might be impossible: “This is a major Constitutional decision that will affect every American’s privacy rights, yet there is no way anyone but the government can automatically appeal this ruling to the Supreme Court. Hearing a one-sided argument and doing so in secret goes against the traditions of fairness and open government that have been the hallmark of our democracy.” The FISC Review Court is a special three-judge panel appointed by Chief Justice William Rehnquist in accordance with provisions of the Foreign Intelligence Surveillance Act. The judges include appellate court justices Laurence Silberman, Edward Leavy, and Ralph Guy, Jr. [American Civil Liberties Union, 11/18/2002]
Law Professor Slams Ruling - Law professor Raneta Lawson Mack is highly critical of the ruling. Mack writes that the court twisted its reasoning upon itself in order to give the Justice Department what it asked for. It misrepresented the facts and legal arguments of the case. It gratuitously insulted the ACLU and other “friends of the court” in its ruling. It wrote that the entire FISA law is constitutional even though its standards conflict with the Fourth Amendment. To justify its ruling from a legislative standpoint, the Review Court cherrypicked statements by legislators that supported the Justice Department’s stance while ignoring those from other viewpoints. It called the Bush administration’s efforts to challenge the “firewall” between law enforcement and foreign intelligence as “heroic,” even though the Justice Department, Congress, and FISA itself recognizes and accepts the dichotomy. It accepted without question or evidence the government’s contention that false, misleading, or inaccurate FBI affidavits in numerous FISA applications were a result of “confusion within the Justice Department over implementation” of the firewall procedures that the Justice Department itself drafted and implemented. Mack writes that the court failed entirely to grapple with one key question that, if considered, would, in her opinion, “easily have laid bare the Executive Branch’s thinly-veiled quest for unconstrained authority to invade the privacy of US citizens with minimal oversight.” The question is, “why would the government need to alter procedures for obtaining FISA warrants when the lower FISA court had never rejected an application? Indeed, according to the lower FISA court opinion the court had ‘reviewed and approved several thousand FISA applications, including many hundreds of surveillances and searches of US persons [and had] long accepted and approved minimization procedures authorizing in-depth information sharing and coordination with criminal prosecutors.’” The lower court ruling provided for coordination and sharing of information between law enforcement and government agencies, Mack notes, and writes that in light of that finding, “can the government seriously contend that the minimization procedures that it drafted in 1995, which the lower FISA court dutifully adopted, were too restrictive, warranting a still more lenient approach?” Mack considers the ruling to be “legally unsound.” She is appalled by the Review Court’s groundless implication that FISA hindered the ability of the FBI to anticipate and perhaps prevent the 9/11 attacks. “What the lower FISA court recognized and, indeed, what all Americans should legitimately fear is that the Executive branch is disingenuously using its September 11th failures in conjunction with the hastily drafted and poorly crafted Patriot Act to ‘give the government a powerful engine for the collection of foreign intelligence information targeting US persons.’ By adhering to the minimization procedures, the lower FISA court merely sought to assure that the balance between legitimate national security concerns and individual privacy was not disturbed by seemingly unconstrained executive power.… [T]here is… no question that a secret FISA appellate court structure, with judges hand selected by the Chief Justice of the US Supreme Court, that hears only the government’s evidence, and grants only the government a right to appeal is a singularly inappropriate forum to resolve issues that threaten the fundamental rights and values of all US citizens. The only question that remains is how much further our justice system will be derailed in pursuit of the war on terrorism.” [Jurist, 11/26/2002]
Entity Tags: Ralph Guy, Jr., Raneta Lawson Mack, William Rehnquist, US Department of Justice, Open Society Institute, US Supreme Court, Laurence Silberman, Foreign Intelligence Surveillance Court, Center for National Security Studies, American Civil Liberties Union, Center for Democracy and Technology, Foreign Intelligence Surveillance Court of Review, Ann Beeson, Electronic Frontier Foundation, Edward Leavy, Electronic Privacy Information Center
Timeline Tags: Civil Liberties
The 9/11 Congressional Inquiry had been frustrated in its attempts to speak with Abdussattar Shaikh (see October 5, 2002), the FBI informant who was a landlord to two of the 9/11 hijackers (see Mid-May-December 2000; May 10-Mid-December 2000). On this day, a senior FBI official sends a letter to Sen. Bob Graham (D-FL) and Rep. Porter Goss (R-FL), the co-chairs of the Inquiry. In explaining why the FBI has been uncooperative and not allowed the informant to testify, the letter says, “the Administration would not sanction a staff interview with the source, nor did the Administration agree to allow the FBI to serve a subpoena or a notice of deposition on the source.” Graham later will comment, “We were seeing in writing what we had suspected for some time: the White House was directing the cover-up.” [Graham and Nussbaum, 2004, pp. 166]
President Bush terminates an investigation into controversial Republican lobbyist Jack Abramoff by firing the US Attorney supervising the investigation. A US grand jury in Guam has been investigating a secret arrangement between Abramoff and Superior Court officials to lobby against a court reform bill pending in Congress since February 2001 that would give the newly formed Guam Supreme Court authority over the Superior Court. The bill passed. Abramoff—a $750-an-hour lobbyist and former member of the Bush-Cheney transition team—was paid by a series of $9,000 checks, totaling $324,000, funneled through Laguna Beach, California, lawyer Howard Hills. The arrangement was designed to hide Abramoff’s role in working for the Guam court. On November 18, Acting US Attorney for Guam and the Northern Mariana Islands Frederick A. Black issued a subpoena demanding that a Superior Court official turn over all records involving the lobbying contract, including bills and payments. (Black had already launched an investigation into the former governor of Guam, Carl Gutierrez, for diverting government funds for personal gain; Black apparently intended to tie the two investigations together.) However, today Black is abruptly demoted, with the White House issuing a statement announcing that it will name a replacement for him. Although Black is considered an “acting” US Attorney, he has held the post for over 10 years. Now he is demoted to an Assistant US Attorney and barred from continuing his investigations. Those investigations are now in limbo. In May 2003, Black will be replaced by Leonardo Rapadas without any Senate debate. Rapadas will be chosen for the job by Guam Republicans; lobbyist Fred Radewagen, who worked for the Gutierrez administration, will carry the recommendation to White House political chief Karl Rove in early 2003. (Radewagen has access to the top levels of the White House, including Rove.) Rapadas will quickly recuse himself from the Gutierrez investigation and the Abramoff grand jury will be dismissed. [Los Angeles Times, 8/8/2005; Nation, 2/2/2006] Later investigation will show that Gutierrez hired Abramoff in the spring of 2002 to help him force Black out of office. “I don’t care if they appoint [B]ozo the [C]lown, we need to get rid of Fred Black,” Abramoff wrote to colleagues in March 2002. Black began investigating Abramoff for the $324,000 contract Abramoff had received, and in return Abramoff asked for help from the Justice Department (DOJ). In turn, the DOJ forwarded the information to White House counsel Alberto Gonzales. And, White House political director Ken Mehlman told White House official Leonard Rodriguez, a protege of Rove, to “reach out to make Jack [Abramoff] aware” of all Guam-related information, including people being considered to replace Black. “Abramoff claimed he had a top political guy at DOJ he could go to, to get rid of Black,” a source will tell reporter Ari Berman. In May 2002, Abramoff had a risk-assessment report of Guam and the neighboring Northern Marianas Islands (CNMI) killed; the report, requested by Black, called for the federalizing of immigration laws on the islands, a rule change that would have slowed the influx of cheap labor to CNMI, as well as jeopardizing Abramoff’s $1.6 million contract with the local government. (In CNMI, workers are paid $3.05 an hour to make clothing branded “Made in the USA.”) Abramoff learned of the report from David Ayres, then the chief of staff for Attorney General John Ashcroft, whom Abramoff hosted at a Washington Redskins football game. Not only was the report quashed, its author, regional security specialist Robert Meissner, was demoted. Meissner later told people that he thought his boss at the time, Paul McNulty, the US Attorney for Eastern Virginia, “had everything to do with” suppressing the report. McNulty later became deputy attorney general. A colleague of Meissner’s will later say: “McNulty was kind of the fireman at Justice. He was the guy trying to run around and put a lid on things that could become political, especially with Abramoff.” Another element of the effort to rid Guam of Black was to paint him as a supporter of President Clinton, although he was appointed by the first President Bush, and Gutierrez himself was a Democrat. In November 2002, Black asked the DOJ’s Public Integrity Section (PIN) for help in investigating Abramoff’s lobbying activities. McNulty was forwarded the request, as was Gonzales. The DOJ offers no help to Black. Days later, after Black convenes a grand jury to look into Abramoff’s activities, Black is removed as US Attorney. “Fred was removed because he asked to indict Abramoff,” one of Black’s colleagues at Justice will later tell Berman. “I don’t believe it was a coincidence.” In June 2006, the DOJ’s Office of the Inspector General (OIG) will determine that nothing untoward occurred in the Black firing. However, the report will be based largely on information provided by the administration, including apparently misleading testimony from Kyle Sampson, then chief of staff to Gonzales, who had by that time become attorney general. Rapadas was only chosen to replace Black after Black had launched his probe into Abramoff’s doings. David Sablan, who headed the Guam Republican Party at the time, will say in 2007, “I just wonder whether they wanted to prevent Fred Black from staying on.” The OIG report will indicate that Sampson discussed the US Attorney candidate for Guam and other posts with President Bush, a statement Bush will later disavow. [Nation, 2/2/2006; Nation, 4/16/2007]
Entity Tags: John Ashcroft, Ken Mehlman, Karl C. Rove, Leonardo Rapadas, Public Integrity Section, Paul J. McNulty, Robert Meissner, Office of the Inspector General (DOJ), Howard Hills, Jack Abramoff, George W. Bush, Clinton administration, Carl Gutierrez, Guam Supreme Court, D. Kyle Sampson, David Ayres, David Sablan, Alberto R. Gonzales, Frederick A. Black, Fred Radewagen, Ari Berman
Timeline Tags: Civil Liberties
Richard Perle, a member of the Defense Policy Board, attends a meeting on global security with members of the British Parliament. At one point he argues that the weapons inspection team might be unable to find Saddam’s arsenal of banned weapons because they are so well hidden. According to the London Mirror, he then states that the US would “attack Iraq even if UN inspectors fail to find weapons.” [Mirror, 11/21/2002] Peter Kilfoyle, a former defense minister and Labour backbencher, tells the Mirror: “America is duping the world into believing it supports these inspections. President Bush intends to go to war even if inspectors find nothing. This make a mockery of the whole process and exposes America’s real
determination to bomb Iraq.” [Mirror, 11/21/2002]
US officials claim that captured would-be hijacker Ramzi bin al-Shibh has said that Zacarias Moussaoui met 9/11 mastermind Khalid Shaikh Mohammed (KSM) in Afghanistan during the winter of 2000-01 and that KSM gave Moussaoui the names of US contacts. [Washington Post, 11/20/2002] Bin al-Shibh and KSM agreed Moussaoui should be nothing more than a back-up figure in the 9/11 plot because he could not keep a secret and was too volatile and untrustworthy. Supposedly, bin al-Shibh wired Moussaoui money intended for other terrorist activities, not 9/11. [USA Today, 11/20/2002] There have been suggestions that the US may move Moussaoui’s case from a civilian court to a military tribunal, which would prevent bin al-Shibh from testifying, but the issue remains undecided. [USA Today, 11/20/2002]
Senate Majority Leader Tom Daschle (D-SD) responds to conservative radio host Rush Limbaugh’s accusations that Daschle and Congressional Democrats are guilty of treason by not supporting the Bush administration’s push for war with Iraq (see November 15, 2002). Daschle calls Limbaugh “and all of the Rush Limbaugh wannabees” of having “a shrill edge,” and says of his listeners: “They want to act because they get emotionally invested. And so, you know, the threats to us in public life go up dramatically (see October 5-November 21, 2001), and on our families and on us in a way that’s very disconcerting. You know, we see it in foreign countries. And we think, well my God, how can this religious fundamentalism become so violent? Well, it’s the same shrill rhetoric. It’s that same shrill power that motivates. They—you know, they—that somebody says something, and then it becomes a little more shrill the next time, and then more shrill the next time.” Some media observers, such as the Washington Post’s Howard Kurtz, later say that such responses from their political targets merely elevate figures such as Limbaugh in their listeners’ eyes. [Jamieson and Cappella, 2008, pp. 157]
On the eve of a two-day NATO summit in Prague, Czech Republic, President Bush addresses the UN mandate for Iraq to declare its arsenal of unconventional weapons (see November 8, 2002): “Saddam Hussein has been given a very short time to declare completely and truthfully his arsenal of terror. Should he again deny that this arsenal exists, he will have entered his final stage with a lie. And deception this time will not be tolerated. Delay and defiance will invite the severest of consequences. America’s goal, the world’s goal, is more than the return of inspectors to Iraq. Our goal is to secure the peace through the comprehensive and verified disarmament of Iraq’s weapons of mass destruction. Voluntary or by force, that goal will be achieved.” [New York Times, 11/21/2002; US President, 11/25/2002] Bush is echoing and reiterating calls from conservatives and neoconservatives both inside and outside the White House to label Hussein a liar no matter what he declares (see November 20, 2002 and December 2, 2002). They go farther than Bush in demanding that the US invade Iraq as soon as the December 8 deadline for declaring his weapons expires (see December 7, 2002). Former ambassador Joseph Wilson will write: “If the neoconservatives had been angry before the UN deal—and they were—they were truly furious afterward. The ink on the resolution was barely dry before they launched attacks on [Secretary of State] Colin Powell for having led the president down the wrong path, one in which he was placing his faith in what they said was a feckless international community.” [Wilson, 2004, pp. 301]
An Afghan detainee dies of hypothermia while being brutalized by CIA interrogators at a secret prison north of Kabul code-named the “Salt Pit” (see After October 2001). The detainee, whose name is Gul Rahman, is considered uncooperative (see November 2002). [Washington Post, 3/3/2005; ABC News, 11/18/2005; Associated Press, 3/28/2010] He had originally been arrested in Pakistan, and then brought to Afghanistan. [Washington Post, 9/19/2009] An inexperienced junior CIA case officer named Matthew Zirbel, who is in charge of the Salt Pit, orders Rahman to be stripped semi-naked, chained to the concrete floor, and left overnight without blankets. [Washington Post, 3/3/2005; ABC News, 11/18/2005; Mahoney and Johnson, 10/9/2009, pp. 29 ] The incident will later be confirmed by four government officials. Afghan guards paid by the CIA and working under agency supervision take Rahman to an abandoned warehouse, drag him around on the concrete floor, causing bruising and lacerations, before chaining him in his cell. When night falls, the temperature plummets. Rahman is found in the morning, frozen to death. A CIA medic quickly autopsies him and states that “hypothermia” is the cause of death, and guards bury the body in an unmarked, unacknowledged cemetery used by Afghan forces. The man’s family is not notified, and his remains are never returned for a proper burial. The man is not listed on any registry of captives, not even as a so-called “ghost detainee.” One government official says simply, “He just disappeared from the face of the earth.” Zirbel will later be promoted. [Washington Post, 3/3/2005; ABC News, 11/18/2005] Zirbel’s supervisor, the CIA chief of station in Afghanistan known only as Paul P., will go on to play a role in incidents of detainee abuse in Iraq, although details about this are unknown. [Washington Post, 9/19/2009; Harper's, 3/28/2010] Colleagues later describe Zirbel as “bright… eager, [and] full of energy,” and say that he was placed in charge of the facility because “there were not enough senior-level volunteers,” according to one senior intelligence officer. “It’s not a job just anyone would want. More senior people said, ‘I don’t want to do that.’ There was a real notable absence of high-ranking people” in Afghanistan. Moreover, the officer will add: “[T]he CIA did not have a deep cadre of people who knew how to run prisons. It was a new discipline. There’s a lot of room to get in trouble.” The CIA will brief the chairmen and vice chairmen of the House and Senate Intelligence Committees on the death, but at least one official will say the briefing is incomplete. Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, will ask the committee chairman, Pat Roberts (R-KS), to investigate Rahman’s death, but Roberts will refuse. No one is sure if Rahman had any real connection to al-Qaeda or the Taliban. “He was probably associated with people who were associated with al-Qaeda,” one US government official will say. [Washington Post, 3/3/2005; ABC News, 11/18/2005]
After learning that detainee Gul Rahman has died at the CIA’s Salt Pit black site in Afghanistan (see November 20, 2002), the agency’s headquarters sends a team to investigate what has happened. [Associated Press, 3/28/2010] The team is dispatched by the CIA’s Deputy Director for Operations, Jim Pavitt. [Central Intelligence Agency, 5/7/2004, pp. 1 ] According to a CIA official, “The guidance [from headquarters] was for the people on scene to preserve everything as it was.” After the death, a medic at the site found that Rahman had died of hypothermia, and this is later confirmed by another doctor. Presumably, this later doctor is part of the team sent out now. [Associated Press, 3/28/2010; Harper's, 3/28/2010]
The CIA’s Deputy Director for Operations, James Pavitt, informs the agency’s inspector general, John Helgerson, that the CIA Counterterrorist Center has established a program to detain and interrogate terrorists at foreign sites. At the same time, Pavitt also informs Helgerson that he has just learned of an apparently controversial incident and sent a team to investigate it. It appears that the incident triggered the notification to the inspector general about the program. [Central Intelligence Agency, 5/7/2004, pp. 1 ] The incident is the killing of detainee Gul Rahman at the Salt Pit prison in Afghanistan (see After October 2001 and November 20, 2002). [Associated Press, 3/28/2010] The detention and interrogation program has been in operation since March at the latest, as high-value detainee Abu Zubaida was arrested and then taken to a CIA black site at that time (see March 28, 2002 and April - June 2002). However, it is unclear whether Helgerson was aware of the program prior to being informed by Pavitt.
CIA Assistant Deputy Director for Operations (ADDO) Stephen Kappes coaches a CIA officer in the field on what to write in a cable about the death of a detainee at the agency’s Salt Pit prison. The detainee, Gul Rahman, had been doused with water and left in the cold, later being found dead (see November 20, 2002). Reporter Jeff Stein will say that Kappes coaches the “base chief” over the cable, so presumably this means the officer responsible for the prison. [Washingtonian, 3/25/2010] This officer’s full name is not known, but his last name is Zirbel. [Mahoney and Johnson, 10/9/2009 ] According to two officials who read a report by the CIA’s inspector general on the killing, Kappes coaches Zirbel on how to deal with the incident. “The ADDO’s direction to the field officer anticipated that something worse had occurred and so gave him directions on how to report the situation in his cable,” one of the officials will say. “The ADDO basically told the officer, ‘Don’t put something in the report that can’t be proved or that you are going to have trouble explaining.’ In essence, the officer was told: Be careful what you put in your cable because the investigators are coming out there and they will pick your cable apart, and any discrepancies will be difficult to explain.” As a result, the official will say, Zirbel’s cable is “minimalist in its reporting” on what happened to Rahman. “It seems to me the ADDO should have been telling him, ‘Report the truth, don’t hold anything back, there’s an investigative team coming out, be honest and forthright. But that was not the message that was given to the chief of base by the ADDO.” CIA spokesman Paul Gimigliano will later deny this, calling this account “pathetic,” but will not say exactly what is wrong with it. [Washingtonian, 3/25/2010]
Anti-abortion advocate James Kopp, accused of murdering Dr. Barnett Slepian (see October 23, 1998), confesses to the crime during an interview with the Buffalo News. “I did it, and I’m admitting it,” he says. “But I never, ever intended for Dr. Slepian to die.… I regret that he died. I aimed at his shoulder.” Kopp, who for months has vehemently denied any involvement in Slepian’s death, is accompanied by his lawyer, Bruce Barket. Both Kopp and Barket intend to make their legal defense about abortion, and will attempt to claim moral justification for the murder due to Kopp’s anti-abortion views. Of other abortion providers, Kopp says: “They’re still in danger, absolutely. I’m not the first, and I probably won’t be the last.… To pick up a gun and aim it at another human being, and to fire, it’s not a human thing to do. It’s not nice. It’s not pleasant. It’s gory, it’s bloody. It overcomes every human instinct. The only thing that would be worse, to me, would be to do nothing, and to allow abortions to continue.” Kopp claims he wants to set the record straight for the sake of his supporters who were publicly proclaiming his innocence and saying the FBI had framed him. Kopp adds that he selected Slepian’s name from the phone book, and that he also cased the homes of several other physicians before deciding that Slepian’s was the most vulnerable due to a window in the back that faced the woods. After his confession, prosecutors charge Kopp with an additional charge of reckless murder with depraved indifference to human life. [Associated Press, 11/21/2002; Buffalo News, 11/22/2002; National Abortion Federation, 2010]
Ends Claims that Kopp Innocent, Framed by Police - In January 2003, the magazine Catholic Insight will observe: “With this admission, Kopp knocked the feet out from under those pro-life supporters who had suggested that he couldn’t have committed the crime because he was a pacifist, had poor eyesight, was a poor marksman, or was being framed by the police. Pro-life advocates who earlier had condemned the shootings as unacceptable acts of violence could take solace in the fact that Kopp made it clear he acted alone in the Slepian shooting and that no one in the Buffalo pro-life community had suggested Slepian as a target.” [Catholic Insight, 1/1/2003]
Anti-Abortion Advocates Condemn Kopp's Shooting but Welcome Trial as Platform for Debating Abortion - The Reverend Paul Schenck, an anti-abortion advocate who has led numerous protests and has been arrested for blockading abortion clinics, says of Kopp: “James Kopp has admitted to being a cold-blooded killer, a vigilante who acted as judge, jury, and executioner. In what he did, he undermined the whole moral philosophy of the pro-life movement, which views every human life as intrinsically valuable and created in God’s image. He should fade into ignimony after being utterly rejected by all people of conscience. May God have mercy on his soul.” [US Newswire, 11/21/2002] Bishop Henry Mansell, a local anti-abortion leader, says while he disapproves of Kopp’s action and the use of violence against abortion providers, he welcomes the use of Kopp’s trial to create a platform for an abortion debate. “We don’t believe the end justifies the means,” Mansell says. “But given a trial, I hope there would be a discussion and an exploration of the issues in depth.” Pro-choice lawyer Glenn Murray disagrees, saying, “I would hate to think that those who want a referendum on abortion would exploit an act of terrorism.” [Buffalo News, 11/22/2002] “Kopp is an extremist, a terrorist, a self-confessed murderer plain and simple, so his jailhouse confession is nothing more than a cynical attempt to manipulate us all through the media,” says Gloria Feldt, president of Planned Parenthood, a pro-choice organization. The Reverend Philip “Flip” Benham, director of the anti-abortion organization Operation Save America (formerly Operation Rescue), says Kopp “betrayed the pro-life movement, unborn children, and the Lord he proclaims to serve. You never overcome the problem of murder by murdering people.” [Associated Press, 11/21/2002]
Kopp Will Be Found Guilty - Kopp will be found guilty of Slepian’s murder (see March 17-18, 2003).
The CIA officer known only as Paul P., who was chief of station in Afghanistan at the time a subordinate caused a detainee to freeze to death, is promoted multiple times. The death occurred in late November 2002, when an officer named Matthew Zirbel had the detainee, Gul Rahman, doused in water and left with few clothes in the cold at the Salt Pit prison (see November 20, 2002). The station chief was involved in the death and an investigation by the CIA’s inspector general will examine his actions. Nevertheless, according to former officials speaking in 2010, Paul P. “has been promoted at least three times.” [Associated Press, 3/28/2010] The officer will be referred to as “Mr. P” in a post by Harper’s journalist Scott Horton. Horton refers to the Zirbel as “Mr. Z,” indicating that Paul P.‘s real surname may actually begin with the letter P, although this is not certain. [Harper's, 3/28/2010] His first name will be revealed by the Associated Press in 2011. [Associated Press, 2/9/2011] Richard Blee had been appointed station chief in Afghanistan in December 2001 (see December 9, 2001), but would appear to have left the position by this time.
A NATO summit is convened in Prague to welcome the Eastern European states of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia, who will become members of the alliance in 2004. These seven countries, along with Albania, Croatia and Macedonia, release a statement [New York Times, 11/22/2002] , which says, “NATO allies stand united in their commitment to take effective action to assist and support the efforts of the UN to ensure full and immediate compliance by Iraq, without conditions or restrictions, with UN [Resolution] 1441 (see November 8, 2002).” [Daily Telegraph, 11/22/2002] The statement also says, “[W]e are prepared to contribute to an international coalition to enforce its provisions and the disarmament of Iraq.” [New York Times, 11/22/2002] Bruce Jackson, a former US Defense Department official who heads the Committee for the Liberation of Iraq, helps draft the statement. France also releases a statement, which is a bit less confrontational. [Agence France-Presse, 11/20/2002] A French official explains to the London Telegraph that the Eastern states’ statement was “his [Bush’s] own interpretation [of UN Resolution 1441] and we do not share it. On December 8, we will take note of what Iraq says it has… and we will see if its behavior is consistent with its statement.” Germany remains opposed to the use of military force. [Daily Telegraph, 11/22/2002] German Foreign Minister Joschka Fischer tells reporters, “We are against military action. We don’t support military action. We want the possibility not to become the reality.” [New York Times, 11/22/2002] On the night of November 21, in an interview with Dan Rather of CBS News, Secretary of State Colin Powell also makes the US position clear. He says, “If the [December 8] declaration is patently false and everybody can see it. If he does not let the inspectors do their job, then the president is fully ready to take the necessary step, which is military force.” [Evening News With Dan Rather, 11/21/2002] Secretary of Defense Donald Rumsfeld is also in town for the summit. Before he leaves Prague to meet with Slovak Prime Minister Mikulas Dzurinda in Slovakia, he says he will not believe Iraq if its declaration claims Iraq has no weapons of mass destruction. [Associated Press, 11/22/2002]
According to a later investigation by the Senate Select Intelligence Committee, the French Ministry of Foreign Affairs Director for Nonproliferation informs US State Department officials that France is in possession of intelligence suggesting that Iraq made an unsuccessful attempt to purchase uranium from Niger. [US Congress, 7/7/2004] The US reportedly learns that this assessment (see March 4, 2003) is based on the forged documents. However, according to French intelligence official Alain Chouet, by this time, French intelligence has already dismissed the intelligence and communicated this to Langley (see Late April or Early May 2002-June 2002).
Companies charged with violating New Source Review [Source: Clear the Air]The Environmental Protection Agency finalizes a rule that makes four important changes to the New Source Review (NSR) section of the Clean Air Act. Critics say the changes will help polluting industries maintain the status quo.
Plant-wide Applicability Limits (PALs) - This change will allow a facility to set a Plant-wide Applicability Limit (PAL) based on its average emissions over the previous ten years. A facility will be exempted from the New Source Review process when it upgrades or expands its operations if those changes do not cause the plant’s emissions to exceed its PAL. Critics complain that the change does not require plants to reduce their overall emissions when a facility expands or modifies operations.
Pollution Control and Prevention Projects - Facilities will be permitted to undertake certain environmentally beneficial activities without having to apply for NSR permits.
Clean Unit Provision - Plants that voluntarily install “best available pollution controls” will be afforded “clean unit” status and exempted from NSR provisions for a period of 15 years. The change is retroactive to 1990.
Emissions Calculation Test Methodology - Facilities will be permitted to use a more lenient method when determining if a plant upgrade has increased its emissions. With the exception of power plants, facilities will be permitted to select any 24-month period during the previous decade to serve as its baseline for determining pre-modification emission levels. The EPA also announces that it intends to revise the “Routine Maintenance, Repair and Replacement” exemption so that any modifications whose costs do not exceed a certain level would be exempt from the NSR provisions requiring plants to install pollution controls and conduct impact assessments on the ambient air quality when upgrading or replacing equipment. [Clean the Air, n.d. ; Environmental Protection Agency, 11/22/2002; EarthVision Environmental News, 11/25/2002; ENSR International, 12/24/2004]
9/11 victims’ relatives add nearly 50 defendants to their $1 trillion lawsuit against mostly Saudi citizens and organizations (see August 15, 2002). The suit alleges the defendants knowingly provided money and other aid to terrorists, which enabled the 9/11 attacks and other attacks to occur. There are now a total of 186 defendants named in the suit. [Wall Street Journal, 11/22/2002; Los Angeles Times, 11/23/2002] Newly-named defendants include:
Saudi Interior Minister Prince Nayef. The suit claims he was engaged in payoffs to al-Qaeda. Additionally, as interior minister he controls the activities of numerous Islamic charities said to help finance al-Qaeda. (His name will later be dismissed from the suit because of diplomatic immunity (see November 14, 2003-September 28, 2005).) [Wall Street Journal, 11/22/2002; Los Angeles Times, 11/23/2002]
Minister of Defense and Aviation Prince Sultan bin Abdul Aziz Al Saud. The suit claims he also was engaged in payoffs to al-Qaeda. (His name will later be dismissed from the suit because of diplomatic immunity (see November 14, 2003-September 28, 2005).) [Wall Street Journal, 11/22/2002]
The Saudi American Bank, that nation’s second largest financial institution. The suit alleges that this bank, partly owned and managed by Citibank, financed development projects in Sudan benefiting bin Laden in the early 1990s when he was living there. (This bank will later be dismissed from the suit (see November 14, 2003-September 28, 2005).) [Wall Street Journal, 11/22/2002]
Bank Al Taqwa, for raising, managing, investing, and distributing funds for al-Qaeda. [Los Angeles Times, 11/23/2002]
Mohamed Jamal Khalifa, bin Laden’s brother-in-law. [Third Amended Complaint. Thomas E. Burnett, Sr., et al. v. Al Baraka Investment and Development Corporation, et al., 11/22/2002 ]
Yassin al-Qadi. [Third Amended Complaint. Thomas E. Burnett, Sr., et al. v. Al Baraka Investment and Development Corporation, et al., 11/22/2002 ]
Saleh Kamel and the Dallah al-Baraka Group. [Third Amended Complaint. Thomas E. Burnett, Sr., et al. v. Al Baraka Investment and Development Corporation, et al., 11/22/2002 ]
Individual members of the bin Laden family, including Bakr bin Laden, Tarek bin Laden, Omar bin Laden, Abdullah Awad bin Laden, and Yeslam Binladin. The suit claims that in the early 1990s, Tarek bin Laden was the general supervisor of the International Islamic Relief Organization (IIRO), a Saudi charity suspected of terrorist ties (see October 12, 2001). [Third Amended Complaint. Thomas E. Burnett, Sr., et al. v. Al Baraka Investment and Development Corporation, et al., 11/22/2002 ]
Entity Tags: Saleh Abdullah Kamel, Saudi American Bank, Sultan bin Abdul Aziz Al Saud, Yeslam Binladin, Yassin al-Qadi, Nayef bin Abdul-Aziz, Mohammed Jamal Khalifa, Abdullah Awad bin Laden, Al Taqwa Bank, Al-Qaeda, Bakr Mohammed bin Laden, Dallah Al-Baraka, Omar bin Laden, Tarek bin Laden
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
The CIA’s office of the inspector general begins an investigation of the killing of detainee Gul Rahman at the agency’s Salt Pit black site in Afghanistan (see November 20, 2002). The investigation begins after the agency’s inspector general, John Helgerson, is notified of the incident by management (see Shortly After November 20, 2002). It is unclear whether the inspector general issues a separate report on this incident or whether his office’s conclusions about it are contained in a general report on the effectiveness of the CIA’s detention and interrogation program (see May 7, 2004). Whatever the case, the inspector general’s conclusions focus on two agency officials, an officer named Matthew Zirbel, who caused Rahman’s death, and his boss, the CIA’s station chief in Afghanistan, known only as Paul P. The investigation finds that Zirbel displayed poor judgement in leaving Rahman to die, but that he made repeated requests for guidance that were largely ignored. [Associated Press, 3/28/2010]
Newsweek reports that hijackers Nawaf Alhazmi and Khalid Almihdhar may have received money from Saudi Arabia’s royal family through two Saudis, Omar al-Bayoumi and Osama Basnan. Newsweek bases its report on information leaked from the 9/11 Congressional Inquiry in October. [Newsweek, 11/22/2002; Newsweek, 11/22/2002; New York Times, 11/23/2002; Washington Post, 11/23/2003] Al-Bayoumi is in Saudi Arabia by this time. Basnan was deported to Saudi Arabia just five days earlier. Saudi officials and Princess Haifa immediately deny any connections to Islamic militants. [Los Angeles Times, 11/24/2002] Newsweek reports that while the money trail “could be perfectly innocent… it is nonetheless intriguing—and could ultimately expose the Saudi government to some of the blame for 9/11…” [Newsweek, 11/22/2002] Some Saudi newspapers, which usually reflect government thinking, claim the leak is blackmail to pressure Saudi Arabia into supporting war with Iraq. [MSNBC, 11/27/2002] Senior US government officials claim the FBI and CIA failed to aggressively pursue leads that might have linked the two hijackers to Saudi Arabia. This causes a bitter dispute between FBI and CIA officials and the intelligence panel investigating the 9/11 attacks. [New York Times, 11/23/2002] A number of senators, including Richard Shelby (R-AL), John McCain (R-AZ), Mitch McConnell (R-KY), Joseph Lieberman (D-CT), Bob Graham (D-FL), Joseph Biden (D-DE), and Charles Schumer (D-NY), express concern about the Bush administration’s action (or non-action) regarding the Saudi royal family and its possible role in funding Islamic militants. [Reuters, 11/24/2002; New York Times, 11/25/2002] Lieberman says, “I think it’s time for the president to blow the whistle and remember what he said after September 11—you’re either with us or you’re with the al-Qaeda.” [ABC News, 11/25/2002] FBI officials strongly deny any deliberate connection between these two men and the Saudi government or the hijackers [Time, 11/24/2002] , but later even more connections between them and both entities are revealed. [US Congress, 7/24/2003 ]
Entity Tags: Joseph Biden, Joseph Lieberman, Omar al-Bayoumi, Nawaf Alhazmi, Mitch McConnell, John McCain, Khalid Almihdhar, Federal Bureau of Investigation, Bush administration (43), Charles Schumer, Saudi Arabia, Daniel Robert (“Bob”) Graham, 9/11 Congressional Inquiry, Central Intelligence Agency, Osama Basnan, Richard Shelby
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Iraqi Foreign Minister Naji Sabri complains in a letter to Secretary-General Kofi Annan that the US intends to use UN Resolution 1441 (see November 8, 2002) as a pretext to use military force against Iraq. In the letter, he analyzes several paragraphs in the UN resolution, demonstrating how they are based on assumptions and how the US plans to use some of the key provisions as a pretext for invading Iraq. [Republic of Iraq, 11/23/2002, 11/23/2002; CTV, 11/25/2002]
The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” [Vanity Fair, 5/2008]
The US Naval Criminal Investigative Service (NCIS) in Marseilles, France issues a report stating that there is reportedly a large quantity of uranium being held in a warehouse in Cotonou, Benin bound for Iraq. The source of the report is a phone call that was received by the NCIS from an individual describing himself as a “West African businessman.” The man claimed to be the person responsible for coordinating the transaction and said there were 20 barrels of Niger yellowcake at the warehouse that had been sold to Iraq by the president of Niger. The man leaves his name and telephone number with the NCIS. When the CIA catches wind of the report, it contacts French intelligence as well as the country’s internal security agency, the Directorate of Territorial Security (DST). French intelligence then sends a team to Africa to check the warehouse and other sites. (This investigation is possibly the same as the one that takes place after Bush’s 2002 State of the Union Address (see After (9:30 pm) January 28, 2003).) The French find nothing. “They both gave assurances from the French government that the material sitting in the port was under French control and wasn’t going anywhere else,” a former CIA officer later tells the Los Angeles Times. The CIA’s Directorate of Operations (DO) never attempts to contact the businessman. A CIA official later tells Senate investigators that the agency saw no reason to contact him. In fact, “no one even thought to do that,” the official says. The Department of Homeland Security also decides against contacting the businessman after a DHS team sent to the warehouse on December 17, 2002 (see December 17, 2002) finds nothing but bales of cotton. [Los Angeles Times, 2/17/2004; US Congress, 7/7/2004, pp. 59] As some observers later note, the information provided by this source corresponds exactly to the information contained within three of the forged Niger documents, suggesting that this individual must have been in some way linked to those documents. [ERiposte, 3/3/2006]
Eighteen international arms monitors, including 12 inspectors from the UN Monitoring, Verification and Inspection Commission and 8 from the International Atomic Energy Agency in Vienna, arrive in Baghdad with their cargo of high-tech sensors, computers and other gear. [Independent, 11/24/2002; Associated Press, 11/25/2002; New York Times, 11/25/2002]
Make-up of Inspection Team - The complete roster of UN inspectors expected to participate in the inspections includes some 300 chemists, biologists, missile and ordnance experts and other specialists of UNMOVIC, as well as a few dozen engineers and physicists from the IAEA. Hans Blix of UNMOVIC will head the effort to search for chemical and biological weapons and Jacques Baute of the UN’s International Atomic Energy Agency will lead the team seeking to determine if Iraq has reconstituted its nuclear weapons program. [Associated Press, 11/25/2002]
Purpose of Inspections - The stated purpose of the inspections, according to the UN resolution, is to bring “to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council.” [United Nations, 11/9/2002] However, since the passing of the resolution the Bush administration has maintained that the purpose of inspections is much broader. For instance, US Secretary of State Donald Rumsfeld will claim in January that inspectors are not to act as “discoverers” trying to locate things. Rather the purpose of the inspections, according to Rumsfeld, is to determine whether Iraq is cooperating. [BBC, 1/22/2003]
Methods - The inspectors will “revisit the previously monitored sites to check if the equipment installed [by the previous weapons inspectors] is still functional,” explains a UN spokesperson. “It will take some time to do that work. We can’t rule out other activities, but it’s quite likely we will start with that.” Inspectors also says that they will not immediately conduct “intrusive” inspections into Iraq’s more sensitive areas. As an aide to Hans Blix explains to The Washington Post, “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspections teams will also investigate new sites that the US and Britain allege are involved in the development of weapons of mass destruction. Inspectors will have the option to interview Iraqi scientists without the presence of Iraqi officials. The interviews may be conducted outside of Iraq. [Washington Post, 11/23/2002]
According to an FBI transcript of an interrogation session, a Guantanamo detainee tells his interrogator that over the weekend he has been informed by guards that there would be “four basic classes of detainees with regard to privilege/discipline issues.” All rewards and punishments would be based on detainees’ behavior and their level of cooperation with investigators, the detainee is apparently told. Rewards that might be given to detainees include cold water and the ability to store food in their cells. Serious violators of camp regulations would be relegated to isolation units. [Federal Bureau of Investigation, 11/25/2002 ] Gen. Geoffrey D. Miller is generally credited with introducing this system of rewards and punishments. [Washington Post, 5/16/2004]
Megawati Sukarnoputri. [Source: Secretary of Vice President of Republic of Indonesia]The New York Times reports that Indonesia’s intelligence agency and its director are well regarded by the US. “But there are still senior intelligence officers here who believe that the CIA was behind the bombing,” according to a Western security official. As a result, the Bush administration has asked Megawati Sukarnoputri, president of Indonesia from 2001 to 2004, to publicly refute theories, popular in Indonesia, that the CIA was involved in the Bali bombings that took place one month earlier (see October 12, 2002). Megawati refuses to do so, and in fact condemns the US, saying, “a superpower that forced the rest of the world to go along with it,” adding, “We see how ambition to conquer other nations has led to a situation where there is no more peace unless the whole world is complying with the will of the one with the power and strength.” [New York Times, 11/25/2002]
The cover of ‘Bush at War.’ [Source: Amazon (.co.uk)]Author and famed reporter Bob Woodward’s book Bush at War is published.
Unprecedented Access - Woodward, who made his reputation uncovering the Watergate conspiracy from 30 years before (see June 15, 1974), is no longer an unknown young reporter working to find sources that will confide in him. Now he is an established Washington insider. For this book, Woodward was granted “unprecedented access” to Bush administration officials, including notes from National Security Council meetings and two long interviews with President Bush himself, far more access than even that granted to the 9/11 Commission and Congressional inquiries into other events of interest. Former Republican House Speaker Newt Gingrich will find this level of access inexplicable, saying that “it makes no sense for an administration that has jealously guarded its executive privilege to allow a reporter the access it denies to members of Congress.”
Hagiographic Account - The Observer’s Peter Preston calls Woodward’s book a “more-or-less instant study of the White House after 9/11,” and writes that while Woodward could have created “a classic of investigative journalism,” instead he gave us a compendium of “painful, obsessively useless detail” that generally paints the picture the White House wants painted. If Woodward’s book is to be believed, Preston writes, the Colin Powell moderates and the Dick Cheney hawks “had their snappy moments, but they’re OK-ish now.” CIA Director George Tenet “is a far-sighted man” who not only immediately divined that Osama bin Laden was behind the attacks, but while the towers were still burning, wondered if the attacks had anything to do with “that guy taking pilot training,” Zacarias Moussaoui. Iraq war planner General Tommy Franks usually feels “finer than the hair on a frog’s back.” Former President Clinton’s “weak-willed men used to ‘pound the desert’ ineffectually, while his brilliant successors like to hit something, if at all possible.” And President Bush “is bright and talented and eloquent and decisive,” who runs National Security Council meetings himself and knows all he needs to know about the state of the world (Woodward quotes Bush as saying, “I’m not a textbook player—I’m a gut player”). Both Preston and author Frank Rich accuse Woodward of “burnishing” Bush’s image at the expense of the truth. A few potentially embarrassing tidbits manage to poke their way through what both Preston and Rich call the “hagiography,” mostly relating to senior administration officials’ lack of knowledge about Afghan tribal politics and the lack of evidence tying Saddam Hussein to the 9/11 attacks. But all told, the book seems to tell a clear story: where Clinton was indecisive, Bush is forthright; where Clinton muddled around with bin Laden and Middle East terrorism, Bush is taking the war straight into the heart of the Islamist redoubt. [Observer, 12/1/2002; Rich, 2006, pp. 66-67] The book gives such a favorable impression of Bush and his administration that the Republican National Committee will recommend it on its Web site. [New York Times, 11/12/2006]
Selective Reporting - The administration officials who talked to Woodward are painted in largely glowing terms, while those who did not (including Attorney General John Ashcroft and Homeland Security head Tom Ridge) are, in Preston’s words, “written out of the script.” Potentially embarrassing incidents such as the administration’s complete failure to find the source of the anthrax mailings of 2001 (see September 17-18, 2001 and October 5-November 21, 2001) and the ineffective roundup of thousands of Middle Eastern “terror suspects” after 9/11 (see Late November, 2001) are ignored entirely. The pivotal Afghan battle of Tora Bora, where bin Laden was allowed to escape US clutches (see Mid-November 2001-Mid-December 2001), gets two paragraphs. [Observer, 12/1/2002; Rich, 2006, pp. 66-67] Guardian reviewer Peter Symon notes that Woodward even fails to ask the most “obvious questions” about the 9/11 attacks, instead accepting the administration’s accounts of events and its responses as absolute and unquestionable. [Guardian, 1/29/2003] Rich notes that Woodward grants Bush and his officials tremendous individual credence, taking their word on one issue after another without question: for example, when Bush calls investigative journalist Seymour Hersh “a liar,” Woodward takes Bush’s word without giving Hersh a chance to respond. More generally, Woodward never asks the obvious follow-up questions. Bush explains why the US didn’t attack Afghanistan and Iraq simultaneously after the 9/11 attacks: “If we tried to do too many things… militarily, then… the lack of focus would have been a huge risk.” Rich notes, “The follow-up question that was not to be found in Bush at War was simple enough: If it was a huge risk to split our focus between Saddam and al-Qaeda then, why wasn’t it now?” Preston concludes: “Maybe the Woodward of three decades ago would have given [the Bush administration more intense scrutiny]. No longer. Today’s Woodward, eight bestsellers later, skates breathlessly from interview to interview and notepad to notepad without ever, seemingly, stopping to think, ‘Why am I being told all this? What does it mean?’ It isn’t investigation, just cross-referenced compilation.” [Observer, 12/1/2002; Rich, 2006, pp. 66-67]
Entity Tags: Peter Preston, National Security Council, John Ashcroft, Frank Rich, Bob Woodward, Bush administration (43), Newt Gingrich, Thomas Franks, Peter Symon, George W. Bush, Republican National Committee, Seymour Hersh, Richard (“Dick”) Cheney
Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda
Secretary of State Colin Powell is asked a number of questions about Pakistan’s involvement with North Korea’s nuclear weapons program, and says that he believes Pakistani assurances it is not assisting North Korea. Powell first says: “[I]n my conversations with [Pakistani] President [Pervez] Musharraf in the recent months, I have made it clear to him that any, any sort of contact between Pakistan and North Korea we believe would be improper, inappropriate, and would have consequences. And he has assured me on more than one occasion that there are no further contacts and he guarantees that there are no contacts of the kind that were referred to in [a recent New York Times] article.” Powell then says that Musharraf “understands the seriousness of this issue,” but in conversations with Musharraf, Powell “reinforce[s] the point and there are laws that apply and we will obey the law.” However, when asked about a specific allegation of cooperation between Pakistan and North Korea, he says he has not “chased it down” and cannot comment. [US Department of State, 11/25/2002] However, the CIA has intelligence showing Pakistan’s assistance to North Korea is continuing. Authors Adrian Levy and Catherine Scott-Clark will later comment: “It [Powell’s response] was a mirror of the nonsensical relationship between [former Pakistani dictator] Zia ul-Haq and [former Secretary of State] George Schultz in the late 1980s, when Pakistan’s president had offered repeated denials that were accepted for the record by the secretary of state—although in private the CIA had unequivocal intelligence showing the opposite.” [Levy and Scott-Clark, 2007, pp. 339]
This Homeland Security department logo of an eye peeking
through a keyhole was copyrighted but apparently not used.
[Source: Public domain]President Bush signs legislation creating the Department of Homeland Security. Homeland Security Director Tom Ridge is promoted to secretary of homeland security. The department will consolidate nearly 170,000 workers from 22 agencies, including the Coast Guard, the Secret Service, the federal security guards in airports, and the Customs Service. [New York Times, 11/26/2002; Los Angeles Times, 11/26/2002] However, the FBI and CIA, the two most prominent anti-terrorism agencies, will not be part of it. [New York Times, 11/20/2002] The department wants to be active by March 1, 2003, but “it’s going to take years to integrate all these different entities into an efficient and effective organization.” [New York Times, 11/20/2002; Los Angeles Times, 11/26/2002] Some 9/11 victims’ relatives are angry over sections inserted into the legislation at the last minute. Airport screening companies will be protected from lawsuits filed by family members of 9/11 victims. Kristen Breitweiser, whose husband died in the World Trade Center, says: “We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It’s just a slap in the face to the victims.” [New York Times, 11/26/2002] The legislation creating the new department contains sweeping new powers for the executive branch that go largely unremarked on by the media. The White House and the departments under its control can now withhold from the public vast amounts of information about “critical infrastructure,” such as emergency plans for major industrial sites, and makes the release of such information a criminal offense. The explanation is that keeping this information out of terrorist hands will prevent them from creating a “road map” for planning attacks; what is much less discussed is how little the public can now know about risky practices at industrial sites in their communities. [Savage, 2007, pp. 110]
Entity Tags: US Coast Guard, US Department of Homeland Security, US Customs Service, US Secret Service, George W. Bush, Kristen Breitweiser, Bush administration (43), Central Intelligence Agency, Federal Bureau of Investigation, Relatives of September 11 Victims, Tom Ridge
Timeline Tags: Complete 911 Timeline, Civil Liberties
In the wake of news that two Saudis living in San Diego, California, may have helped two of the 9/11 hijackers, reports surface that the US has a secret, short list of wealthy individuals who are the alleged key financiers of al-Qaeda and other Islamic militant groups. The Washington Post claims there are nine names on the list: seven Saudis, plus one Egyptian, and one Pakistani. [Washington Post, 11/26/2002] ABC News claims the list consists of 12 names, all Saudis, and says they were financing al-Qaeda through accounts in Cyprus, Switzerland, and Malaysia, among other countries. [ABC News, 11/25/2002] They also claim the Saudi government has a copy of the list. US officials privately say all the people listed have close personal and business ties with the Saudi royal family. [ABC News, 11/26/2002] A secret report by French investigator Jean-Charles Brisard names seven prominent Saudi financiers of terror; the number matches the seven Saudis mentioned in the Washington Post article, though it’s not known if all the names are the same. The Saudis mentioned by Brisard include Yassin al-Qadi, Adel Batterjee, and Wael Hamza Julaidan (who has had his assets frozen by the US.) [US Department of State, 9/6/2002] Brisard says al-Qaeda has received between $300 million and $500 million over the last ten years from wealthy businessmen and bankers. He claims that the combined fortunes of these men equal about 20 percent of Saudi Arabia’s GDP (gross domestic product). [Brisard, 12/19/2002 ; Los Angeles Times, 12/24/2002] However, Brisard’s study has been mistakenly described as a United Nations report. While he submitted the study to the UN, the UN didn’t request it. [Money Laundering Alert, 10/2003] It is also reported that a National Security Council task force recommends that the US demand that Saudi Arabia crack down on al-Qaeda’s financiers within 90 days of receiving evidence of misdeeds and if they do not, the US should take unilateral action to bring the suspects to justice. However, the US government denies this report and calls Saudi Arabia a “good partner in the war on terrorism.” [Washington Post, 11/26/2002] Press Secretary Ari Fleischer says: “I think the fact that many of the hijackers came from that nation [Saudi Arabia] cannot and should not be read as an indictment of the country.” [Radio Free Europe, 11/27/2002]
Former Democratic congressman Lee Hamilton is considered by his party for the position of vice chairman of the 9/11 Commission, but does not get the appointment, which goes to former Senator George Mitchell (see November 27, 2002). Hamilton, who is nonetheless appointed to the Commission as an ordinary member, is rejected as vice chairman by Senate Minority Leader Tom Daschle and other leading Democrats because he is seen as too soft on Republicans—he lacks “a taste for partisan fights,” and seems “always to assume the best about people, Republicans included.” He is also friends with two of the investigation’s targets, Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, who he calls “Dick” and “Don,” and Cheney’s White House counsel, David Addington. He got to know Cheney during the Iran-Contra investigation, when Cheney was the ranking Republican on the committee and Hamilton failed to distinguish himself (see Mid-1980s), as he did over the “October Surprise” affair (see 1992-January 1993). Author Philip Shenon will comment, “While [Hamilton] might disagree with Cheney and Rumsfeld on policy, Hamilton trusted both men always to tell the truth.” [Shenon, 2008, pp. 32-33] However, Mitchell will subsequently resign and Hamilton will replace him as vice chairman (see December 11, 2002). In this role Hamilton will have good relations with the Bush White House (see March 2003-July 2004 and Early July 2004).
James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” [Human Rights Watch, 8/19/2004] Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Vanity Fair, 5/2008]
On the day before Thanksgiving, the Bush administration releases proposed rule changes that would lead to increased logging of federal forests for commercial or recreational activities by giving local forest managers the authority to open up the forests to development without requiring environmental impact assessments and without specific standards to maintain local fish and wildlife populations. Administration officials claim the changes are needed because existing rules—approved by the Clinton administration two months before Bush took office—are unclear, in addition to being costly and difficult to implement. Critics charge the changes are aimed at pleasing the timber industry at the expense of forest ecosystems. The proposed changes would affect roughly 192 million acres of US forests and grasslands. [Seattle Post-Intelligencer, 11/27/2002; CBS News, 11/27/2002] The proposal closely follows the timber industry’s wish list—a “coincidence” according to the Forest Service. [Native Forest Network, 11/27/2002 ]
The authenticity of a new audio tape purportedly made by bin Laden, in which he praises recent attacks in Bali, Kuwait, Yemen and Moscow (see November 12, 2002), is disputed by Swiss voice analysts. US officials believe the voice is “almost certainly” bin Laden, but the Dalle Molle Institute for Perceptual Artificial Intelligence in Switzerland, one of the world’s leading voice-recognition institutes, is 95 percent certain the tape is a forgery. [BBC, 11/13/2002; BBC, 11/18/2002; BBC, 11/29/2002; Toronto Star, 12/16/2002] Two weeks after it was broadcast, a British newspaper publishes the complete text of a “letter to the American people,” purportedly written by bin Laden. [Observer, 11/25/2002] However, “diplomats [are] skeptical about the authenticity of the document.” [Guardian, 10/15/2002] The institute will not continue to analyse bin Laden’s speeches (see February 12, 2003).
The Pentagon informs the FBI that it will again take over interrogations of Guantanamo detainee Mohamed al-Khatani, believing that the use of aggressive techniques, which are about to be authorized by Defense Secretary Donald Rumsfeld (see November 27, 2002), will be more successful. [New York Times, 6/21/2004] However, the first tactic used against al-Khatani is a subtle one. According to the detention logs of al-Khatani, or “Detainee 063,” his interrogators suggest that he has been spared by Allah to reveal the true meaning of the Koran and to help bring down Osama bin Laden. During a routine medical check, a sergeant whispers to al-Khatani: “What is God telling you right now? Your 19 friends died in a fireball and you weren’t with them. Was that God’s choice? Is it God’s will that you stay alive to tell us about his message?” Al-Khatani reacts violently to the exhortation, throwing his head back and butting the sergeant in the eye. Two MPs wrestle him to the ground, and as al-Khatani thrashes and tries to spit on the sergeant, he crouches down next to the prisoner and says: “Go ahead and spit on me. It won’t change anything. You’re still here. I’m still talking to you and you won’t leave until you’ve given God’s message.” [Time, 6/12/2005]
Habibullah. [Source: CBS]Mullah Habibullah, a 30-year-old Afghan from the southern province of Oruzgan, dies of complications related to “blunt force trauma” while in detention at the US base at Bagram. [Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; New York Times, 9/17/2004] Habibullah was captured by an Afghan warlord on November 28, 2002, and delivered to Bagram by the CIA on November 30. Habibullah is identified as the brother of a former Taliban commander, and later described as portly, well-groomed, and, in the words of American military police officer Major Bobby Atwell, “very confident.” [New York Times, 5/20/2005]
Injured When Delivered into US Custody - When Habibullah arrived at the US air base, he was reportedly already severely hurt. Despite his condition, according to one account, he was isolated “in a ‘safety’ position [stress position], with his arms shackled and tied to a beam in the ceiling.” He was left in that position for days, but regularly checked on. [Knight Ridder, 8/21/2004]
Targeted for Abuse - Though battered and ill, Habibullah’s defiance makes him a target for physical abuse, with the MPs and guards repeatedly attacking his legs. (Some guards will later claim Habibullah’s injuries were received when he tried to escape.) Most of the Americans will later describe Habibullah as insubordinate; one will recall being kneed in the groin by Habibullah after subjecting the prisoner to a rectal examination. Habibullah’s interrogations produce little of worth, in part because the MPs who interrogate him usually have no interpreters available. Sometimes the MPs demand that another prisoner translate for them; usually the interrogation sessions contain no more than physical restraints or beatings. [New York Times, 5/20/2005] At some point, Sgt. James P. Boland, a guard from the Army Reserve’s 377th MP Company from Cincinnati, allegedly watches as a subordinate beats Habibullah. [New York Times, 9/17/2004] The beating of Habibullah was likely witnessed by British detainee Moazzam Begg, who will later say he witnessed the death of “two fellow detainees at the hands of US military personnel” while at Bagram (see July 12, 2004). [Guardian, 10/1/2004; New York Times, 10/15/2004]
Complaints of Chest Pains Mocked - During his last interrogation session, on December 2, Habibullah spends the entirety of the session coughing and complaining of chest pains. His right leg is stiff and his right leg swollen. The interpreter for the session, Ebrahim Baerde, later recalls the interrogators “laughing and making fun of” Habibullah “because he was spitting up a lot of phlegm.” Habibullah is still defiant; when one interrogator asks if he wants to spend the rest of his life in handcuffs, Baerde will recall the prisoner retorting, “Yes, don’t they look good on me?” [New York Times, 5/20/2005]
Found Dead, Hanging from Shackles - On December 3, Habibullah is found dead, still hanging in his shackles. [Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; New York Times, 9/17/2004] Boland sees Habibullah hanging from the ceiling of his cell, suspended by two sets of handcuffs and a chain around his waist. His body is slumped forward and his tongue is protruding. Boland, along with Specialists Anthony Morden and Brian Cammack, enters the cell. Cammack puts a piece of bread in Habibullah’s mouth; another soldier puts an apple in Habibullah’s hand, and it falls to the floor. According to Cammack, Habibullah’s spit gets on Cammack’s chest. Later, Cammack will acknowledge, “I’m not sure he spit at me,” but now he screams, “Don’t ever spit on me again!” and knees Habibullah in the thigh “maybe a couple” of times. Habibullah makes no response; his body swings limply from the chains. Twenty minutes later, the guards unchain Habibullah and lay him on the floor. He has no pulse. Cammack, according to another guard, “appeared very distraught” and “was running about the room hysterically.” An MP is sent to wake a medic, who refuses to respond, telling the MP to call an ambulance instead. By the time a second medic arrives at the cell, Habibullah is laid spreadeagled on the floor, eyes and mouth open. “It looked like he had been dead for a while, and it looked like nobody cared,” the medic, Staff Sergeant Rodney Glass, will later recall. Atwell will later recall that Habibullah’s death “did not cause an enormous amount of concern ‘cause it appeared natural.” The autopsy, completed five days later, will show bruises and abrasions on Habibullah’s chest, arms, and head. The body has severe contusions on the calves, knees, and thighs, and the sole print of a boot is on his left calf. The death will be attributed to a blood clot, probably caused by the severe injuries to his legs, which traveled to his heart and blocked the blood flow to his lungs. [New York Times, 5/20/2005] His legs have been struck so forcefully, according to one death certificate, it complicated his coronary artery disease. Another certificate will say the beating led to a pulmonary embolism, which is a blockage of an artery in the lungs, often caused by a blood clot. [USA Today, 5/31/2004]
Commanding Officer Able to Hear Screams, Moans of Detainees - In charge of the military intelligence interrogators at Bagram at this time is Capt. Carolyn A. Wood. According to an anonymous intelligence officer, Wood should be aware of what is happening to prisoners at Bagram since interrogations take place close to her office. The intelligence officer will recall hearing screams and moans coming out from the interrogation and isolation rooms. [Knight Ridder, 8/21/2004]
Entity Tags: Carolyn A. Wood, Anthony Morden, Bobby Atwell, Brian Cammack, James P. Boland, Rodney Glass, Ebrahim Baerde, Mullah Habibullah, Moazzam Begg, Taliban
Timeline Tags: Torture of US Captives, War in Afghanistan
Robert Wright, the FBI agent in charge of some groundbreaking investigations into charity fronts before 9/11, has been suspended and under investigation since at least early 2001 (see August 2000 and January-March 2001). However, at this time, his suspension is cleared and he is allowed to work as an FBI agent again. But he is specifically prohibited from working on topics he was investigating before, such as BMI and Yassin al-Qadi. He is not even allowed access to his own files from before his suspension. Wright will later be fired and then reinstated, but it does not appear he is ever able to continue his charity front investigations (see April 30, 2005-October 19, 2005). [Katz, 2003, pp. 186]
Michael Ledeen joins with Morris Amitay, vice-president of the Jewish Institute for National Security Affairs; ex-CIA head James Woolsey; former Reagan administration official Frank Gaffney; former senator Paul Simon; and oil consultant Rob Sobhani to set up a group called the Coalition for Democracy in Iran (CDI). [Sunday Herald (Glasgow), 6/1/2003] CDI says it “fully agrees with President Bush’s inclusion of Iran in the ‘axis of evil’ and supports congressional initiatives to bring about needed change in Iran.” [Coalition for Democracy, 1/16/2004] The group has strong ties to Reza Pahlavi, the son of Shah Mohammad Reza Pahlavi, the US-backed leader of Iran who was removed from power by the 1979 Iranian Revolution. [International Herald Tribune, 6/6/2003]
The Bush administration successfully convinces the UN International Maritime Organization to pass a new law of the sea requiring ships around the world to install communications equipment, security personnel, computers, and surveillance cameras, all to thwart possible terrorist attacks that could be launched with equipment shipped to the US via cargo ships. Unfortunately, the administration allocates no funds to implement any of the new standards; most foreign ports in developing nations cannot afford the upgrades, but neither can many US ports. The cost to US ports is estimated at $7 billion, a figure 152 times the amount the administration will allocate for port security in 2005. Terrorism experts will estimate in September 2003 that al-Qaeda may have ties to as many as 300 vessels, from small fishing trawlers to full-sized freighters. [Carter, 2004, pp. 16]
In 2006, journalist Ron Suskind will report that by late 2002, the CIA had developed “a source from within Pakistan who was tied tightly into al-Qaeda management.” He gives him the alias “Ali.” He claims that many within al-Qaeda like Ali thought the 9/11 attacks were a mistake, and that as a result US intelligence began “working a few potential informants.” He claims that by early 2003, Ali’s reports over the previous six months “had been almost always correct, including information that led to several captures.” Ali also warned of a new chemical bomb al-Qaeda has developed and revealed the name of the top al-Qaeda operative in Saudi Arabia (see February-Late March 2003). But Suskind will give no further details about Ali or what becomes of him, and no details about the other “potential informants” that he hints at. However, he will comment, “It has been generally acknowledged that the United States does not have any significant human sources… inside al-Qaeda. That is not true.” [Suskind, 2006, pp. 216-218]
Ramzi bin al-Shibh. [Source: Uli Deck / Agence France-Presse]Ramzi bin al-Shibh, a key member of al-Qaeda’s Hamburg cell, is allegedly flown to Jordan and tortured there. Bin al-Shibh was arrested in Pakistan on September 11, 2002, and held by US forces (see September 11, 2002). According to a 2008 report by the watchdog group Human Rights Watch, the US takes bin al-Shibh to the Bagram air base in Afghanistan, and then flies him to Jordan. A former detainee in a secret prison run by Jordanian intelligence will later tell Human Rights Watch that he was held in a cell next to bin al-Shibh in late 2002. He says he was able to briefly talk to bin al-Shibh, and bin al-Shibh told him that he had been tortured while in Jordanian custody. He said he had suffered electric shocks, forced nakedness, sleep deprivation, and being made to sit on sticks and bottles in sexually humiliating ways. [Human Rights Watch, 4/8/2008] The Washington Post will similarly report in late 2007, “Although hard evidence is elusive, some former inmates have reported being detained in the same wing as Ramzi Bin al-Shibh… said Abdulkareem al-Shureidah, an Amman lawyer. “He was detained in Jordanian jails, definitely.” [Washington Post, 12/1/2007] Bin al-Shibh will be transferred out of CIA custody into the Guantanamo prison in 2006, but exactly where he was held between 2002 and 2006 remains unclear (see September 2-3, 2006).
On October 15, 2001, FBI Director Robert Mueller appointed Van Harp, a 32-year FBI veteran, head of the anthrax attacks investigation. By late 2002, Harp is ready for retirement and senior FBI agent Richard Lambert takes over as the new head. However, like Harp, Lambert seems focused on suspect Steven Hatfill and little interested in other potential suspects. Eventually, some FBI agents will seek a review of Lambert’s administration. One agent will later say: “There were complaints about him. Did he take energy away from looking at other people? The answer is yes.” [Los Angeles Times, 6/29/2008] The FBI will finally drop its interest in Hatfill in late 2006, when Lambert is replaced (see Autumn 2006).
Mohammed al-Khatani, the alleged would-be “20th 9/11 hijacker,” reveals crucial information about Osama bin Laden’s courier, Ibrahim Saeed Ahmed. US intelligence already knows some details about Ahmed, based on interrogations of other prisoners, but they only know him by his alias Abu Ahmed al-Kuwaiti and they don’t yet know how important a courier he is. Around this time, al-Khatani faces harsh interrogation techniques that even a senior Bush administration official will later say meet the legal definition of torture (see January 14, 2009). Al-Khatani gives the name “Abu Ahmad al-Kuwaiti” (with two A’s in Ahmed). He says that Ahmed is a “senior al-Qaeda facilitator” and a “courier” who worked for 9/11 mastermind Khalid Shaikh Mohammed (KSM) and others. When al-Khatani was preparing to be one of the 9/11 hijackers, Ahmed gave him computer training in Karachi, Pakistan, “for his mission to the United States,” on KSM’s orders, indicating that Ahmed had some level of foreknowledge of the 9/11 attacks. He also says that Ahmed was seen in the Tora Bora mountains in late 2001, and it is possible Ahmed was one of the people with bin Laden in Tora Bora before bin Laden disappeared. [MSNBC, 5/4/2011]
Veteran AT&T technician Mark Klein (see July 7, 2009) becomes convinced that the “secure facility” being constructed at an AT&T facility in San Francisco (see Summer 2002 and Fall 2002) has some connection to the Bush administration’s “Total Information Awareness” program (see Mid-January 2002 and March 2002). The press has recently begun reporting on the program (see November 9, 2002). In 2007, Klein will tell a reporter: “You might recall there [around this time] was a big blowup in the news about the Total Information Awareness [TIA] program, led by Admiral [John] Poindexter, which caused the big upsetness in Congress, because what Poindexter was proposing to do was draw in databases from everywhere… draw in Internet data, bank records, travel records, everything into one big conglomeration which could be searchable by the government so they could find out everything about what anybody’s doing at any time of day. And all this would be done without any warrants.” Klein and other AT&T employees begin speculating that the “secure facility” might have some connection to Poindexter’s TIA program. “[T]he Total Information Awareness program is involved with the NSA [National Security Agency] and with DARPA, which is the Defense [Advanced Research] Projects Agency,” he will tell the reporter. “So I began to connect the two, because it seemed quite logical at least that if they are looking for large amounts of Internet data to sift through and vacuum up, what would be a perfect place? It would be in the Internet room at a place like AT&T. And lo and behold, the NSA guy shows up. Then I started learning that it’s not only a new room; it’s a room that all the technicians cannot go into. Only the one guy—a management guy, no union people—a management field specialist with security clearance obviously given to him by the NSA, only he could go into this room, which was being built on the sixth floor, right next door to the phone switch room. So I got very worried about that. What does this mean? What are they doing there?” In 2009, Klein will write, “Gradually I started to connect the TIA program with the curiously simultaneous appearance of the NSA at our office, and the more I learned about what they were installing, and where, the more I was convinced the two were connected.” [PBS Frontline, 5/15/2007; Klein, 2009, pp. 25-26]
After several CIA reports downplay intelligence provided to Washington by Israeli intelligence officials, Deputy Secretary of Defense Paul Wolfowitz and other neoconservatives working in the Pentagon begin meeting personally with Israeli officials to hear their intelligence. The CIA’s reports had found that conclusions made by Israeli intelligence were often skewed by its biases against the Arab world. [Risen, 2006, pp. 183-184]
Abdur Rahim, a baker from Khost City, Afghanistan, is arrested outside Khost and sent to the Bagram US air base. Abdur Rahim says he was hooded and chained to the ceiling for “seven or eight days,” after which his hands turned black. He was later forced to crouch and hold his hands out in front of him for long periods, which caused intense pain in his shoulders. When he tried to move, he says, “they were coming and hitting me and saying ‘Don’t move!’” In December, he is transferred to Guantanamo Bay. “There were some soldiers that were very good with us,” he will later tell the New York Times. “But there was one soldier, he was a very bad guy. He was stopping the water for our commode. At nighttime, they would throw large rocks back and forth, which hit the metal walkway between the cells and made a loud noise. They did it to keep us awake.…. After I left Cuba, I had mental problems. I cannot talk to people for a long period of time. I work just to survive. But I’m not scared of anyone in this world. I’m just scared of God.” [New York Times, 9/17/2004]
Undersecretary of Defense for Policy Douglas Feith and Department of Defense General Counsel William J. Haynes press “for looser interrogation rules and [win] approval for them from the administration’s civilian lawyers….” Lawyers with the Army Judge Advocate General’s office are opposed to the new rules. [USA Today, 5/13/2004; Los Angeles Times, 5/13/2004; Newsweek, 5/24/2004]
The 9/11 Commission initially pays very little attention to material from the NSA about al-Qaeda, as it is focusing on the CIA, FBI, and other agencies. Colonel Lorry Fenner, a former air force intelligence officer assigned to the commission’s team reviewing the structure of the intelligence community, finds this surprising. Fenner, who had previously worked closely with the NSA, is “dumfounded” when she learns nobody from the commission is making the short trip to the NSA to review its material on 9/11. The NSA tracked al-Qaeda communications for a long time before 9/11, including numerous calls between the hijackers and other al-Qaeda operatives (see Early 2000-Summer 2001), but the 9/11 Commission apparently does not realize or seem to care how important the material is. Author Philip Shenon will comment: “[F]or the Commission’s staff, [the NSA’s Maryland headquarters at] Fort Meade might as well have been Kabul, it seemed so distant.” One reason is that some people at the commission do not really understand what the NSA does, and also, according to Shenon, “[For executive director Philip] Zelikow and other staff on the commission, it was just more interesting—sexier—to concentrate on the CIA.” [Shenon, 2008, pp. 87-88, 155-6]
Mohammed Ismail Agha. [Source: Cageprisoners.com]Mohammed Ismail Agha, an Afghan villager about 14 years old, is arrested and sent to Bagram US Air Base. According to Agha, he was arrested while looking for construction work with a friend at an Afghan military camp in the town of Greshk. Afghan soldiers beat him and then turn him in to the US claiming he is a Taliban soldier. In Bagram, he is held in solitary confinement, interrogated, provided with minimal amounts of food, subjected to stress positions, and prevented from sleeping by guards who continually yell and kick his cell door. He is later sent to Guantanamo, where he is held with two other youths in quarters separate from the adult prisoners. He is finally set free in early 2004. During the first twelve months of his detention, his parents had no idea what had happened to him. Agha was their oldest child and was a major income-earner of the family. [Associated Press, 2/8/2004; Washington Post, 2/12/2004]
Robert Grenier. [Source: Kroll, Inc.]Robert Grenier, head of the CIA station in Islamabad, Pakistan, and then promoted to head of the Iraq Issues Group, will later say that in late 2002 to early 2003, “the best experienced, most qualified people who we had been using in Afghanistan shifted over to Iraq.” The CIA’s most skilled counterterrorism specialists and Middle East and paramilitary operatives move to Iraq and are replaced in Afghanistan by younger agents. Grenier will say, “I think we could have done a lot more on the Afghan side if we had more experienced folks.” A former senior official of the Pentagon’s Central Command involved with both wars later says that as war with Iraq draws closer, more special operative units like Delta Force and Navy SEALs Team Six shift to Iraq from Afghanistan. “If we were not in Iraq… we’d have the ‘black’ Special Forces you most need to conduct precision operations. We’d have more CIA. We’re simply in a world of limited resources, and those resources are in Iraq. Anyone who tells you differently is blowing smoke.” [New York Times, 8/12/2007] Other special forces and CIA were moved from Afghanistan to Iraq in early 2002 (see Early 2002).
Pakistan’s tribal region, shown in various colors, while the rest of Pakistan is in green. FATA stands for Federally Administered Tribal Areas, the bureaucratic name for the area. [Source: Public domain via Wikipedia]Thousands of al-Qaeda-linked militants have been regrouping in the Pakistan tribal region of South Waziristan (see Late May 2002 and June 2002). By late 2002, these forces begin regularly attacking US outposts, also known as firebases, just across the border in Afghanistan. In December 2002, the US is forced to abandon the Lawara firebase after phosphorus rockets fired on the base burn US Special Forces vehicles. US military officials begin to complain that the Pakistani government’s Frontier Corps is not only turning a blind eye to these attacks, but is actually helping al-Qaeda forces cross the border and providing covering fire for their attacks. US forces are not allowed to pursue al-Qaeda forces across the Pakistan border (see Early 2002 and After). In January 2003, US commander Lieutenant General Dan McNeill publicly speaks out about the situation despite orders from his superiors not to. He says, “US forces acknowledge the internationally recognized boundaries of Afghanistan, but may pursue attackers who attempted to escape into Pakistan to evade capture or retaliation.” Around the same time, the US media begins to report that the Pakistani government is allowing militants to attack US positions across the border (see December 2002-February 2003). Pakistan comes under increasing pressure to do something, but takes no action. Confident of their position, militants begin killing tribal elders who they suspect are not loyal to them, further cementing their control and causing many to flee. Some fleeing locals claim that the Pakistani ISI is frequently meeting with al-Qaeda and Taliban leaders there, such as Taliban leader Jalaluddin Haqqani, and apparently supporting them. [Rashid, 2008, pp. 440] The Pakistani army commander in the region, Lieutenant General Ali Jan Orakzai, is considered a close friend of Pakistani President Pervez Musharraf. It is believed he intensely hates the US and NATO, and has sympathy for the Taliban. He will later call them a “national liberation movement.” [Rashid, 2008, pp. 277, 384] The Pakistani army will finally launch its first limited attack against al-Qaeda in October 2003 (see October 2, 2003).
An aerial view of the AT&T Easylink Service building in Bridgeton, Missouri, where the NSA allegedly has secret facilities. [Source: USGS via Microsoft]On behalf of the National Security Agency (NSA), AT&T constructs a secret, highly secured room in its network operations center in Bridgeton, Missouri, used to conduct secret government wiretapping operations. This is a larger and more elaborate “data mining” center than the one AT&T has constructed in San Francisco (see January 2003). Salon’s Kim Zetter will later write that the Bridgeton facility “had the earmarks of a National Security Agency operation,” including a sophisticated “mantrap” entrance using retinal and fingerprint scanners. Sometime in early 2003, AT&T technician Mark Klein (see July 7, 2009) discusses the Bridgeton facility with a senior AT&T manager, whom he will only identify as “Morgan.” The manager tells Klein that he considers the Bridgeton facility “creepy,” very secretive and with access restricted to only a few personnel. Morgan tells Klein that the secure room at Bridgeton features a logo on the door, which Klein will describe as “the eye-on-the-pyramid logo which is on the back of the dollar bill—and that got my attention because I knew that was for awhile the logo of the Total Awareness Program” (TIA-see Mid-January 2002, March 2002 and November 9, 2002). Klein notes that the logo “became such a laughingstock that they [the US government] withdrew it.” However, neither Klein nor Morgan find the NSA secure room at Bridgeton amusing. In June 2006, two AT&T workers will tell Zetter that the 100 or so employees who work in the room are “monitoring network traffic” for “a government agency,” later determined to be the NSA. Only government officials or AT&T employees with top-secret security clearance are admitted to the room, which is secured with a biometric “mantrap” or highly sophisticated double door, secured with retinal and fingerprint scanners. The few AT&T employees allowed into the room have undergone exhaustive security clearance procedures. “It was very hush-hush,” one of the AT&T workers will recall. “We were told there was going to be some government personnel working in that room. We were told: ‘Do not try to speak to them. Do not hamper their work. Do not impede anything that they’re doing.’” (Neither of Zetter’s sources is Klein, who by the time Zetter’s article is published in 2006, will have made his concerns about the NSA and AT&T public.) The Bridgeton facility is the central “command center” for AT&T’s management of all routers and circuits carrying domestic and international Internet traffic. Hence, it is the ideal location for conducting surveillance or collecting data. AT&T controls about a third of all bandwidth carrying Internet traffic to and from homes and businesses throughout the US. The two employees, who both will leave AT&T to work with other telecommunications firms, will say they cannot be sure what kinds of activities actually take place within the secret room. The allegations follow those made by Klein, who after his retirement (see May 2004) will submit an affidavit stating his knowledge of other, similar facilities in San Francisco and other West Coast switching centers, whose construction and operations were overseen by the NSA (see January 16, 2004 and January 2003); the two AT&T employees say that the orders for the San Francisco facility came from Bridgeton. NSA expert Matthew Aid will say of the Bridgeton facility, “I’m not a betting man, but if I had to plunk $100 down, I’d say it’s safe that it’s NSA.” Aid will say the Bridgeton facility is most likely part of “what is obviously a much larger operation, or series of interrelated operations” combining foreign intelligence gathering with domestic eavesdropping and data collection. Former high-level NSA intelligence officer Russell Tice will say bluntly: “You’re talking about a backbone for computer communications, and that’s NSA.… Whatever is happening there with the security you’re talking about is a whole lot more closely held than what’s going on with the Klein case.” The kind of vetting that the Bridgeton AT&T employees underwent points to the NSA, both Aid and Tice will say; one of the two AT&T employees who will reveal the existence of the Bridgeton facility will add, “Although they work for AT&T, they’re actually doing a job for the government.” Aid will add that, while it is possible that the Bridgeton facility is actually a center for legal FBI operations, it is unlikely due to the stringent security safeguards in place: “The FBI, which is probably the least technical agency in the US government, doesn’t use mantraps. But virtually every area of the NSA’s buildings that contain sensitive operations require you to go through a mantrap with retinal and fingerprint scanners. All of the sensitive offices in NSA buildings have them.” The American Civil Liberties Union’s Jameel Jaffer will add that when the FBI wants information from a telecom such as AT&T, it would merely show up at the firm with a warrant and have a wiretap placed. And both the NSA and FBI can legally, with warrants, tap into communications data using existing technological infrastructure, without the need for such sophisticated surveillance and data-mining facilities as the ones in Bridgeton and San Francisco. Both AT&T and the NSA will refuse to comment on the facilities in Bridgeton, citing national security concerns. [Salon, 6/21/2006; Klein, 2009, pp. 28-30]
Entity Tags: Terrorist Surveillance Program, National Security Agency, Russell Tice, Matthew Aid, Federal Bureau of Investigation, Kim Zetter, Mark Klein, AT&T, Jameel Jaffer, “Morgan” (senior AT&T manager), American Civil Liberties Union
Timeline Tags: Civil Liberties
Former ambassador Joseph Wilson debates former Reagan defense official and neoconservative Frank Gaffney on a cable news program over the question of the upcoming Iraq invasion. Wilson takes a certain perverse pleasure in using what he has called the typical neoconservative debate tactics (see June 2002) against Gaffney; as he later recalls: “I let Frank have the first word and listened to him carefully. The host of the show asked me what I thought of Frank had said, and I answered, ‘Hogwash,’ then started my rebuttal. Predictably, Frank interrupted, or tried to. I told him he would have his chance after I had said my piece, and kept speaking over him until he shut up. I then filibustered till the end of the segment. As we went to commercial, I looked down at the screen to see Gaffney red-faced and sputtering. I thought to myself that here was somebody who was never likely to be a friend.” [Wilson, 2004, pp. 308]
CIA’s WINPAC unit hires a private contractor to spin the aluminum tubes to determine whether or not they are suitable for use as rotors in a nuclear centrifuge. Centrifuge rotors spin as fast as 90,000 revolutions per minute. The contractor tests the tubes and determines that they are not strong enough to withstand spinning at such high speed. WINPAC then orders that the test data be reexamined, and then trumpets the new data as proof that the tubes purchased by Iraq were indeed destined to be used in a nuclear centrifuge. [Isikoff and Corn, 2006, pp. 165]
Nabil al-Marabh is serving an eight-month prison sentence for illegally entering the US. A Jordanian in prison with al-Marabh earlier in 2002 informs against him, claiming that al-Marabh tells him many details of his terrorism ties. The informant, who shows “a highly detailed knowledge of his former cell-mate’s associations and movements” [Globe and Mail, 6/4/2004] , claims that al-Marabh:
admitted he sent money to a former roommate, Raed Hijazi, who is later convicted of trying to blow up a hotel in Jordan (see November 30, 1999), and that he aided Hijazi’s flight from authorities. [Associated Press, 6/3/2004]
planned to die a martyr by stealing a gasoline truck, driving it into either the Lincoln or Holland tunnels in New York City, turning it sideways, opening its fuel valves and having an al-Qaeda operative shoot a flare to ignite a massive explosion. The plan was cancelled when Hijazi was arrested in Jordan in October 2000. [Toronto Sun, 10/16/2001; Associated Press, 6/3/2004]
trained on rifles and rocket-propelled grenades at militant camps in Afghanistan. [Associated Press, 6/3/2004]
boasted about getting drunk with two 9/11 hijackers. [Globe and Mail, 6/4/2004]
asked his uncle to hide an important data CD from Canadian police. [Globe and Mail, 6/4/2004]
claimed he took instructions from a mysterious figure in Chicago known as “al Mosul” which means “boss” in Arabic. [Associated Press, 6/3/2004]
acknowledged he distributed as much as $200,000 a month to training camps in Afghanistan in the early 1990s. [Associated Press, 6/3/2004] FBI agents are able to confirm portions of the informant’s claims. US Attorney Patrick Fitzgerald, after being denied permission to indict al-Marabh, uses the informant’s information to press again for an indictment. But the Justice Department continues to refuse to allow an indictment, and al-Marabh will eventually be deported to Syria (see January-2002-December 2002). [Associated Press, 6/3/2004]
The Special Access Program, or SAP, (see Late 2001-Early 2002) authorized by Secretary of Defense Donald Rumsfeld giving blanket advance approval to kill or capture and, if possible, interrogate high-value targets, has taken off and is apparently faring well. “It was an active program,” an intelligence source later explains to Seymour Hersh. “As this monster begins to take life, there’s joy in the world. The monster is doing well—real well.” Those who run the program, according to him, see themselves as “masters of the universe in terms of intelligence.” By the end of 2002, terrorist suspects are being interrogated in secret detention facilities in such places as Pakistan, Thailand, and Singapore. [Guardian, 9/13/2004]
CIA official Margaret Henoch. [Source: CBS News]Doubts as to the veracity and reliability of the information provided about Iraq’s secret bioweapons program by the Iraqi defector known as “Curveball” are growing among German intelligence analysts (see February 2001), and among some CIA analysts and officials as well, who are receiving summations of Curveball’s assertions from their German counterparts. Central group chief Margaret Henoch is one of those who questions Curveball’s reliability. Henoch later recalls in a CBS report revealing Curveball’s true identity (see November 4, 2007), “I said, ‘You know, I don’t know who this guy is. There’s no proof that he is who he is. There’s no proof that any of this ever happened. And, from my perspective, I just don’t think we should trust this.’” When the top CIA analyst working with Curveball’s information tries to prove his identity by showing Henoch a picture of a man in a hazmat (hazardous materials) suit, she recalls responding, “‘How do you know that was him if he’s completely covered? ‘Cause it could be me.’ And, as God as my witness, she looked at me like a pig looking at a wristwatch. And I thought it was over. And, when I went back, I sort of said to my boss, ‘Well, I’m such a genius.’” Henoch is mistaken in believing that Curveball’s reliability had been holed. She later recalls, “[I]t was whack-a-mole. I mean, he just popped right back up.” Her superiors want Curveball to be credible, and are prepared to overlook the inconsistencies and unverifiable claims he is making. [CBS News, 11/4/2007]
A team of FBI investigators headed by the FBI’s assistant director for counterterrorism, Thomas J. Harrington, visits Guantanamo prison. As he will later report to Maj. Gen. Donald J. Ryder, the Army’s provost marshal general, in a letter dated July 14, 2004 (see July 14, 2004), he and his team witness at least three cases of “highly aggressive interrogation techniques being used against detainees.” Abuse includes the use of a dog to intimidate a prisoner (who later shows symptoms of “extreme” psychological trauma); binding most of a detainee’s head in duct tape because he continued quoting from the Koran; and a female interrogator who bent back the thumbs of a prisoner and then grabbed his genitals. In one case, a prisoner was “curling into a fetal position on the floor and crying in pain.” [Financial Times, 12/7/2004] Torin Nelson, an interrogator stationed at Guantanamo from August 2002 to February 2003, similarly notices an increase in the aggressiveness of interrogation methods in the weeks before he leaves. “When I first got there, things were much more above board. But there was a lot of pressure coming from above in the administration,” he later recalls. “They were very keen on getting results from the interrogations.” It is at this point that, according to him, techniques begin to enter “the grey area of abuse.” [Guardian, 12/1/2004] Criticism, vented within the FBI by a few of the federal agents who have been questioning prisoners at Guantanamo, also begins to arrive at the Pentagon. A senior intelligence official tells reporter Hersh: “I was told that the military guards were slapping prisoners, stripping them, pouring cold water over them, and making them stand until they got hypothermia. The agents were outraged. It was wrong and also dysfunctional.” The agents’ written complaints are sent to officials at the Pentagon, including Department of Defense General Counsel William J. Haynes. [Guardian, 9/13/2004] “In late 2002 and continuing into mid-2003,” according to a report by the FBI, “the [FBI’s] Behavioral Analysis Unit raised concerns over interrogation tactics being employed by the US Military” at Guantanamo. [Federal Bureau of Investigation, 5/6/2004 ]
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