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David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” [New Yorker, 2/27/2006]
Analysts with CIA’s WINPAC unit send a paper to the National Security Council noting two omissions in Iraq’s December 7 declaration (see December 7, 2002). The paper, written in response to an order from Undersecretary of State John Bolton, says that Iraq’s declaration failed to explain its procurement of aluminum tubes and “does not acknowledge efforts to procure uranium from Niger, one of the points addressed in British dossier (see September 24, 2002).” [US Congress, 7/7/2004, pp. 58; Isikoff and Corn, 2006, pp. 163]
Newly appointed 9/11 Commission Chairman Thomas Kean comes to the White House to meet top officials and discuss the 9/11 investigation. Although a Republican, Kean does not like the “message discipline” of the current White House, where spokesmen keep repeating the same thing over and over. Kean will later tell author Philip Shenon that he is surprised when the officials he meets use the same tactic and keep telling him the same things. Kean thinks the officials, including National Security Adviser Condoleezza Rice and chief of staff Andy Card, are sticking to a pre-agreed script and wonders whether they are reading off the same talking points cards. They keep telling him: “We want you to stand up. You’ve got to stand up,” “You’ve got to have courage,” and “We don’t want a runaway commission.” Kean is baffled by this and thinks it might be some sort of code. He decides they must want him to stand up for the truth and have the courage to follow the evidence wherever it leads. However, Kean will later say: “I decided as the process went on, that’s not what they meant at all.… You’ve got to stand up for the president, and you’ve got to protect him in the process. That’s what they meant.” Card also suggests some names for the key position of executive director of the Commission, but the post goes to somebody else, Philip Zelikow, in the end (see Shortly Before January 27, 2003). [Shenon, 2008, pp. 35-39]
The first time 9/11 Commission Chairman Tom Kean, a Republican, and Vice Chairman Lee Hamilton, a Democrat noted for his bipartisanship (see 1992-January 1993, Before November 27, 2002 and March 2003-July 2004), meet after their appointment to the commission, Kean offers Hamilton extra powers in the investigation. In effect, Kean and Hamilton would be co-chairmen of the inquiry, rather than chairman and vice chairman. Author Philip Shenon will call this a “remarkable gesture,” as it gives Hamilton an equal say in the hiring and structure of the investigation. Kean also proposes that the two of them should be “joined at the hip,” and that they should always appear in public together, especially on television. Hamilton agrees, thinking this will go some way to make up for their lack of stature in Washington in comparison with the two men they replaced on the commission, Henry Kissinger and George Mitchell. [Shenon, 2008, pp. 68]
Mohammed Jawad, a teenaged Afghan citizen, is captured after allegedly throwing a hand grenade at a US military vehicle in Kabul. The explosion injures two US soldiers and their Afghan interpreter. Jawad insists that he is innocent. After a brief stint in the custody of the Afghan police, where he is tortured into signing a “confession” he cannot read (see November 22, 2008), he will quickly be transferred to Guantanamo, where he will be one of the youngest detainees kept there. [Human Rights First, 9/2008; Salon, 1/21/2009] Jawad’s precise age is unclear. Salon’s Glenn Greenwald will later write, “At the time of his due-process-less imprisonment in Guantanamo, he was an adolescent: between 15 and 17 years old (because he was born and lived his whole life in an Afghan refugee camp in Pakistan, and is functionally illiterate, his exact date of birth is unknown).” [Salon, 1/21/2009]
David Brant, the head of the Naval Criminal Investigative Service (NCIS), approaches Naval General Counsel Alberto Mora about the abuse of detainees in US custody at Guantanamo, abuse perhaps authorized at a “high level” in Washington. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals.
Troubling Information - Brant has learned troubling information about the interrogations at Guantanamo (see Early December, 2002). Brant had never discussed anything so sensitive with Mora before, and later recalls, “I wasn’t sure how he would react.” Brant had already discussed the allegations of abuse with Army officials, since they have command authority over the detainees, and to Air Force officials as well, but goes to Mora after deciding that no one in either branch seems to care. He is not hopeful that Mora will feel any differently.
Worried about Abuse - Brant goes to Mora because, he will recall, he didn’t want his investigators to “in any way observe, condone, or participate in any level of physical or in-depth psychological abuse. No slapping, deprivation of water, heat, dogs, psychological abuse. It was pretty basic, black and white to me.… I didn’t know or care what the rules were that had been set by the Department of Defense at that point. We were going to do what was morally, ethically, and legally permissible.” Brant had ordered his task force members to “stand clear and report” any abusive tactics that they might witness.
Mora 'Rocked' - Brant is not disappointed in Mora’s reactions. A military official who works closely with Brant will later recall that the news “rocked” Mora. The official will add that Mora “was visionary about this,” adding, “He quickly grasped the fact that these techniques in the hands of people with this little training spelled disaster.” Brant asks if Mora wants to hear more about the situation; Mora will write in a 2004 memo (see July 7, 2004), “I responded that I felt I had to.”
Second Meeting - Brant meets with Mora the next day, and shows Mora part of the transcript of the [Mohamed al-Khatani] interrogations. Mora is shocked when Brant tells him that the abuse was not “rogue activity,” but apparently sanctioned by the highest levels in the Bush administration. Mora will write in his memo, “I was under the opinion that the interrogation activities described would be unlawful and unworthy of the military services.” Mora will recall in a 2006 interview: “I was appalled by the whole thing. It was clearly abusive, and it was clearly contrary to everything we were ever taught about American values.” Shocked, Mora will learn more from his counterpart in the Army (see December 18, 2002), and determine that the abusive practices need to be terminated.
Meeting with Pentagon Lawyer - He will bring his concerns to the Pentagon’s general counsel, William J. Haynes, and will leave that meeting hopeful that Haynes will put an end to the extreme measures being used at Guantanamo (see December 20, 2002). But when Mora returns from Christmas vacation, he will learn that Haynes has done nothing. Mora will continue to argue against the torture of detainees (see Early January, 2003). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
The UN General Assembly approves the Optional Protocol to the Convention on Torture after 10 years of negotiations. The protocol is adopted with 127 votes in favor, 4 against, and 42 abstentions. The four states that oppose the treaty are the US, Nigeria, the Marshall Islands, and Palau. [Truthout (.org), 6/9/2004] One of the states voting in favor, Israel, later notifies the UN that its vote was cast by mistake because of a “human technical error.” [Ha'aretz, 6/3/2004] The purpose of the Optional Protocol to the Convention on Torture is to strengthen the means of enforcing the Convention’s provisions. Under the new protocol, a system of regular visits to prison facilities will be established. A 10-member subcommittee, funded by the UN, will serve as the executive arm of the existing committee on torture. [Ha'aretz, 6/3/2004]
Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
The Bush administration’s Office of Management and Budget (OMB) tells the EPA to use the discounted value of 63 percent for health impacts on senior citizens in calculating cost-benefit analyses when conducting assessments for new air pollution restrictions on polluting industries. [Knight Ridder, 12/19/2002]
Dr. August Hanning. [Source: Der Spiegel]CIA Director George Tenet makes an urgent request to the chief of German intelligence, Dr. August Hanning. Tenet is scheduled to meet with President Bush in three days to discuss the case for invading Iraq. Tenet wants to cement his case by allowing the Iraqi defector known as “Curveball” to appear on television and tell his story; failing that, Tenet wants the Germans to allow an American expert to debrief Curveball (later revealed as a fabricator named Rafid Ahmed Alwan—see November 4, 2007) and then himself appear on television with his findings. Two days later, Hanning rejects Tenet’s requests. Hanning calls Curveball’s information “plausible and believable,” but adds that “attempts to verify the information have been unsuccessful.” Therefore, all of Curveball’s reports “must be considered unconfirmed.” However, Hanning would allow Curveball’s information to be used, if Tenet still desired to use that unconfirmed information, if the source is protected. In November 2007, Tenet denies ever seeing Hanning’s letter. The CIA’s former European division chief, Tyler Drumheller, believes Tenet is lying. “He needs to talk to his special assistants if he didn’t see it. And the fact is, he had very good special assistants. I’m sure they showed it to him. And I’m sure it was just, it wasn’t what they wanted to see,” Drumheller says. [CBS News, 11/4/2007]
Ghassan Elashi holds a press conference and denies any connection to terrorist funding. [Source: Associated Press]Mousa Abu Marzouk, his wife, and five brothers (Ghassan Elashi, Bayan Elashi, Hazim Elashi, Basman Elashi, and Ihsan Elashi) are charged with conspiracy, money laundering, dealing in the property of a designated terrorist, illegal export, and making false statements. The brothers are arrested in Texas, but Marzouk and his wife are living in Syria and remain free. Marzouk is considered a top leader of Hamas. FBI agent Robert Wright had been investigating Marzouk and the brothers since the late 1990s. Wright is set to appear on ABC News on December 19, 2002, to complain that the FBI had failed to prosecute Marzouk for years. As the New York Post notes, “That got results: A day before the show aired, Attorney General Ashcroft announced he would indict Marzouk.” [BBC, 12/18/2002; Associated Press, 12/18/2002; Washington Post, 12/19/2002; New York Post, 7/14/2004] FBI agent John Vincent, who worked closely with Wright, comments, “From within the FBI, [Wright] and I tried to get the FBI to use existing criminal laws to attack the infrastructure of terrorist organizations within the United States, but to no avail. It took an appearance [on television] by [Wright] and I to propel them into making arrests that they could have made as early as 1993.” [Federal News Service, 6/2/2003] ABC News similarly notes, “Marzouk was in US custody in 1997 and under criminal investigation then for much the same crimes cited today.” [ABC News, 12/18/2002] Ghassan Elashi was the vice president of InfoCom Corporation, which was raided on September 5, 2001 (see September 5-8, 2001). He was also chairman of Holy Land Foundation, which was shut down in December 2001. InfoCom and Holy Land were based in the same Texas office park and shared many of the same employees. [Guardian, 9/10/2001; CBS News, 12/18/2002; Associated Press, 12/23/2002] Holy Land raised $13 million in 2000 and claimed to be the largest Muslim charity in the US. The government charges that Hamas members met with Ghassan Elsashi and other Holy Land officials in 1993 to discuss raising money for the families of suicide bombers (see October 1993). Wright had begun an investigation into Holy Land that same year, but he faced obstacles from higher-ups and eventually his investigation was shut down. [CBS News, 12/18/2002; New York Times, 7/28/2004] In 2004, the five Elashi brothers will be convicted of selling computer equipment overseas in violation of anti-terrorism laws. In 2005, three of the brothers, Ghassan, Basman, and Bayan Elashi, will be found guilty of supporting Hamas by giving money to Mazouk through 2001. [BBC, 7/8/2004; Associated Press, 4/13/2005] In July 2004, Ghassan Elashi will be charged again, along with four other former Holy Land officials. Two other Holy Land officials will also charged but not arrested, since they had recently left the country. Sen. Charles Schumer (D-NY) will state: “I wonder why this prosecution has taken so long. I think until recently we have not put the resources needed into tracking groups that finance terrorism, and the fact that they didn’t get 24-hour surveillance on these two who escaped is galling and perplexing.” [New York Times, 7/28/2004] In 2007, this court case will result in a mistrial, and be cast as a major setback for the Justice Department (see October 19, 2007).
Secretary of State Colin Powell and US ambassador to the UN John Negroponte say that the Bush administration considers Iraq to be in “material breach” of UN Resolution 1441 (see November 8, 2002), citing deliberate omissions and falsehoods in Iraq’s 12,000 page December 7 declaration (see December 7, 2002). Powell calls the declaration “a catalog of recycled information and flagrant omissions,” adding that it “totally fails to meet the resolution’s requirements.” He says the omissions “constitute another material breach.” [Associated Press, 12/19/2002; Associated Press, 12/19/2002; Irish Times, 12/19/2002; Washington Post, 12/19/2002] But the administration’s conclusion is made before the Arabic sections of the declaration have even been translated. Blix says that there are 500 or 600 pages that still need to be translated and that it is too early to provide a complete assessment. He adds that the Bush administration’s statements about a “material breach” are baseless allegations. [CNN, 12/19/2002; Straits Times, 12/20/2002]
The non-permanent members of the UN Security Council receive the edited version of Iraq’s December 7 declaration (see December 7, 2002). Almost 8,500 pages of the original 12,000 supplied by Baghdad are removed or blacked out, including sections on the designs for the production of nuclear weapons, plans for converting short-range missiles into long-range rockets, and a list of foreign countries and companies that provided Iraq with the materials used in Iraq’s former chemical, biological and nuclear weapons programs. [Newsday, 12/13/2002; Washington Post, 12/19/2002; Straits Times, 12/20/2002; Sunday Herald (Glasgow), 12/22/2002; New York Times, 12/12/2003] The reason offered by UN Chief Weapons Inspector Hans Blix for removing the names of the suppliers is that if he “were to give the names publicly, then they would never get another foreign supplier to give them any information.” [New York Times, 12/12/2003] Some of the non-permanent members of the UN Security Council are upset by the extensive editing of the documents. “How are we to judge this on such short notice, and with so many black lines running through it?” asks one annoyed envoy. [Straits Times, 12/20/2002]
A senior British security source suggests to the London Independent that US officials are “talking up” the evidence they say they have against Iraq. “We know [of] material which is unaccounted for,” says the source. “But we have not got a definite site, a grid reference, where we can say Saddam is hiding it. If the US administration does indeed have that kind of specifics, it has not been passed on to us. The main problem is known to us all. After all, it was Paul Wolfowitz the hawkish deputy US Defense Secretary who said, ‘Iraq isn’t a country where we’ve had human intelligence for years.’” [Independent, 12/20/2002]
The Bush administration’s Office of Management and Budget sends a report to Congress announcing that it will conduct a review of more than 300 regulations—including ones pertaining to the environment and public health—which it has slated for overhaul, reform, or elimination. The review will draw on more than 1700 recommendations from private industry and think tanks. Many of the recommendations would weaken food safety standards, energy conservation standards, and natural resources. Sixty-five of the regulations targeted for overhaul are under the jurisdiction of the EPA. [US Congress, 10/24/2002 ; Natural Resources Defense Council, 12/19/2002; Senate Committee on Governmental Affairs, 12/20/2002]
The State Department publishes a fact sheet titled “Illustrative Examples of Omissions From the Iraqi Declaration to the United Nations Security Council,” which states that in its December 2002 declaration (see December 7, 2002) to the UN, Iraq “ignores [its] efforts to procure uranium from Niger.” [US Department of State, 12/19/2002; Associated Press, 6/12/2003; Associated Press, 7/13/2003] Secretary of State Colin Powell rejects the UN dossier, in part because it does not account for the Nigerien uranium (see Between Late 2000 and September 11, 2001) and aluminum tubes (see Between April 2001 and September 2002) Iraq is supposedly using to make nuclear weapons. [Unger, 2007, pp. 268] But at this time, there is no evidence that Iraq had in fact sought to obtain uranium from Niger. Prior to the fact sheet’s publication, the CIA had warned the State Department about this and recommended that the phrase be removed—advice the State Department chose to ignore. [Associated Press, 6/12/2003] Throughout the rest of December, almost every statement the US goverment makes on Iraq will include references to the Nigerien uranium deal. President Bush, Vice President Cheney, Secretary of Defense Rumsfeld, National Security Adviser Condoleezza Rice, and Powell will all state publicly that Iraq had been caught trying to buy uranium from Niger. [Unger, 2007, pp. 268]
The cover of the current National Review, labeling Tim Johnson an ‘Invalid Senator’ and claiming to tell ‘How the Democrats Stole a Senate Seat.’ The allegations behind the cover story have already been proven false by the time the story is published on the Internet. [Source: Free Republic (.com)]The National Review’s Byron York publishes a detailed article alleging that, in November 2002, Democrats committed massive voter fraud in South Dakota in order to ensure Senator Tim Johnson (D-SD) won re-election against opponent John Thune (R-SD). York accuses South Dakota Democrats of using Native American votes to “throw” the election. York reports that Democrats “deployed” 10,000 lawyers nationwide, including the contingent sent to Mission, to ensure that voting rights would be protected. In South Dakota, he writes, “compelling evidence” based on testimony from South Dakota poll workers shows that some of the Democratic lawyers “engaged in illegal electioneering, pressured poll workers to accept questionable ballots, and forced polling places in a heavily Democratic area to stay open for an hour past their previously-announced closing time. In addition, the testimony contains evidence of people being allowed to vote with little or no identification, of incorrectly marked ballots being counted as Democratic votes, of absentee ballots being counted without proper signatures, and, most serious of all, of voters who were paid to cast their ballots for Senator Johnson.” The allegations, if true, would constitute voter fraud on a massive scale. York says the testimony is collected “in more than 40 affidavits collected by Republicans in the days after the election and obtained by National Review,” and supplemented by “interviews with state and local officials.” York alleges that “hundreds of votes” for Johnson “were the product of polling-place misconduct.” Johnson won the election by a few hundred votes. “Had those votes not been added to his total, it seems likely that the senator, who won by just 524 votes, would instead have lost, and John Thune would today be South Dakota’s senator-elect.” [National Review, 12/19/2002]
Allegations False, Says South Dakota Attorney General - South Dakota Attorney General Mark Barnett, a Republican, has said the most serious of the affidavits are either “perjury or forgery,” and says the allegations of illegality are “flat[ly] false.” Barnett said most of the accusations were not illegal, but simply evidence of effective get-out-the-vote (GOTV) efforts by Democrats (see December 10, 2002). And liberal news blogger Joshua Micah Marshall wrote that the only verifiable crimes may have been committed by Republicans who fraudulently concocted bogus allegations of voter fraud (see December 16, 2002). [Rapid City Journal, 12/10/2002; Talking Points Memo, 12/16/2002]
Illegal Operations inside Polling Places? - York recounts accusations from an election board member, Noma Sazama, in Mission, South Dakota, that “out-of-town” Democratic poll watchers tried to “intimidate” her as they coordinated GOTV efforts from a Mission polling place. A Republican poll watcher in Todd County, Ed Assman, recounts a similar story to Sazama’s, of Democratic lawyers from out of town setting up shop inside a polling place, this one in Parmalee; a third witness who refuses to be identified says he saw Democratic poll workers running carpools “out of the polling place.” Holding such operations inside a polling place is illegal under South Dakota law, and South Dakota officials admitted after the election that such operations may have indeed taken place. State election supervisor Chris Nelson told a Todd County reporter, “That type of office operation to conduct a partisan campaign operation should not have been happening at the polling place.”
Allegations of Paying Voters - Assman says he personally watched Democratic poll watchers give cash to van drivers who were transporting voters back and forth from the polls. Another witness, who refuses to be identified, tells York that the watchers gave out “wad[s] of twenties.” That same witness says a Democratic poll watcher later explained the money was for gas. A Republican poll watcher in Mission makes similar allegations. York says that the stories “have raised suspicions that Democrats were perhaps buying more than gasoline,” suspicions that are bolstered by three witnesses in Todd County who say that van drivers offered them cash to vote for Johnson. All three affidavits say that the witnesses were offered $10 to vote, presumably for Johnson. York writes: “None [of the affidavits] explicitly says the voters accepted the money—this would be a confession of a crime—but there is little doubt that they did. And even if they did not, simply offering money for a vote is a crime under South Dakota law, which forbids anyone ‘to pay, lend, contribute, or offer… any money or other valuable consideration’ to anyone for a vote.” In an update to the article, York notes that Barnett has found two of the three affidavits and considers the third “suspect.” Barnett believes the affidavits may be the work of a single man on the Rosebud Indian Reservation, though that man, a registered Democrat, says he knows nothing of the affidavits. The man has told a Sioux Falls reporter that “people on the streets” told him that “they” were paying people with $10 bills or cigarettes to go vote, “and if you couldn’t get there, they would give you a ride.”
Time Discrepancy - Todd County auditor Kathleen Flakus twice published notices in the local press that polls would be open on Election Day, November 2, from 7 a.m. to 7 p.m. Central Standard Time (CST). According to government maps, Todd County is west of the time-zone line that splits South Dakota, placing the county in Mountain Standard Time (MST). The Todd County populace routinely operates on Central time. On Election Day, a Democratic election official named Iver Crow Eagle showed up almost an hour late to one Todd County polling place, forcing that polling place to alter its hours from 7 a.m. - 7 p.m. to 8 a.m. - 8 p.m. The time change is allowable under state law. However, Democratic poll watchers asked that all the Todd County precincts be allowed to stay open until 8 p.m. Todd County is heavily Democratic, York says, providing a possible motive for the request. The Democratic lawyers also asked that precincts in Mellette County be allowed to stay open until 8 p.m.; like Todd, Mellette is technically in Mountain time but the populace keeps Central time. The lawyers argued that the polls should stay open until 7 p.m. MST, which is 8 p.m. CST. York says Flakus and the “[l]ocal election officials were flabbergasted” by the request. However, state officials found that the Democrats were legally correct, and the precincts stayed open until 8 p.m. CST. Republican officials attempted to force the polls to close at 7 p.m. CST, York reports, calling the extra hour an “unconstitutional” dilution of other counties’ votes, whose citizens cast their votes “during proper hours.” The Republicans also asked that the ballots cast after 7 p.m. CST be segregated from the other ballots in case a judge ruled in favor of the original closing time. A state circuit judge dismissed the requests without comment, and the polls stayed open an extra hour in the two counties. Witnesses later tell York that they saw well over a hundred voters cast their votes during the extra hour. “Given the voting patterns of the area, it’s likely that nearly all of those extra votes were Democratic,” York writes. “[I]t seems reasonable to estimate that the extended voting hours gave Tim Johnson an additional 200 or so votes” in Todd County alone.
Voter Registration Fraud? - Democrats from the state and national party worked to register thousands of new voters during the run-up to the November election, specifically working on Indian reservations. The effort secured some 17,000 new voters, York says. However, he cites a news report that alleged “bounty hunters” were paid ”$3 per head” to register new voters, which he calls “an invitation to fraud.” One Democratic volunteer, Becky Red Earth Villeda, made almost $13,000 from registering new voters. Before the election, state prosecutors said that 15 “phony ballots,” in York’s words, were “associated with Villeda.” The prosecutors were investigating 1,700 others and were considering filing charges against her. South Dakota Deputy Attorney General Larry Long told reporters: “It appears that we were able to get her stopped before she actually cast any fraudulent ballots. But it’s conceivable that she was able to get ballots cast that we don’t know about.” York says that at least three absentee ballot requests—not ballots—from the Cheyenne River Indian Reservation, in Dewey County, may have also been fraudulent. A witness at a Dewey County polling place later alleges that he saw “15 or 20” people come to vote, only to find that records indicated they had requested absentee ballots when they said they had not made such requests. One of those voters told election officials that the signature on the ballot request was not his. At another precinct, another witness says the same thing happened with ten voters, and a third witness says a similar occurrence happened to seven voters at another Dewey County precinct. York says it is “reasonable” to presume that many other occurrences took place, and many improper absentee ballots may have been cast. Sazama tells York that she saw ballots cast at her Todd County precinct that “didn’t look right.” She says she saw several signatures that appeared to match the voters’ signatures, but they “all looked like they had been signed by the same person.” Those votes were counted. York says that along with the “suspicious” absentee ballot issues, “there were widespread problems with voter identification,” including a number of instances where voters presented themselves to an election judge, found that their given names were not listed, and were given the opportunity to vote under what a Republican witness in Mellette County calls “alternate names.” Another unnamed observer says similar instances happened at a polling place in Shannon County, home of the Pine Ridge Indian Reservation. And Assman says he saw similar instances in Todd County. York says that Democratic lawyers at polling places “pressured election officials to allow people to vote, whatever the problem with names,” and quotes an unnamed Republican election official as saying the lawyers “intimidated” local officials.
Vote Surge Gives Johnson the Victory, Votes May Be 'Improper' - York writes that the voting improprieties may be the reason why Thune maintained a narrow lead in vote counts throughout the evening of November 2, until late in the vote counting, when Thune led by almost 1,000 votes with only six precincts remaining. Five precincts in Shannon County gave Johnson the victory, York says, coming in at an “unusual” 91.4 percent of votes cast going to Johnson. Shannon County is an “overwhelmingly Democratic area,” York concedes, but alleges that many of the Shannon County ballots had “significant problems” that caused them to be rejected by the optical scan machines counting the votes and processed by a resolution committee. The problems with the optically scanned votes caused the Shannon County votes to be among the last reported. Later, a Republican member of the resolution committee named Lee Linehan says she may have inadvertently let “improper” votes go through, due to her exhaustion and unfamiliarity with the process. York implies that her Democratic committee partner, whom he only identifies as “a lawyer,” may have influenced her to send ballots through regardless of their possible improprieties. Linehan tells York, “I believe the race would have been much closer had we paid more attention.”
Conclusion - York alleges that, in conclusion, Johnson and “an army” of Democratic lawyers improperly threw the election for Johnson. “[T]he accounts of dozens of eyewitnesses at the polling places,” he writes, suggests “the electoral system was not fully trustworthy and in fact failed to stop serious violations of election laws committed by Johnson’s supporters.” The small number of votes in one county after another—200 in Todd, 250 in Shannon, 100 in Dewey, and around 200 in other counties—may have given Johnson the edge he needed to claim a narrow victory. York writes, “[I]t seems reasonable to conclude that, had Democratic misconduct not occurred in those counties, John Thune would have won.” Thune chose not to ask for a recount, as was his right under South Dakota law. York explains that Thune did not wish to put the state’s voters under what Thune called a “long, drawn-out, painful, and protracted struggle over 524 votes.” York goes on to note that Thune dropped broad hints that he felt improprieties cost him the election. Some of the problems were most likely “homegrown,” York says, and cites what he calls previous “allegations of voting irregularities on some of the reservations, particularly in tribal elections.” However, the improprieties that he says cost Thune the election “went far beyond local fraud, and are instead attributable to the team of party operatives sent to South Dakota from the DNC’s headquarters in Washington.” York says the local Republican officials should have been prepared for just such problems, citing Democratic National Committee (DNC) chairman Terry McAuliffe’s promise that lawyers would be at polls in every state, and implying that McAuliffe and the DNC concocted a scheme to steal elections throughout the nation through the auspices of this “army” of lawyers. “[T]he evidence from South Dakota suggests that some of them were on the lookout to commit voter fraud,” he writes, “to steal the election under the guise of preventing it from being stolen.” York concludes that the Democrats’ success in South Dakota will only encourage them to try even harder to steal elections in future elections. [National Review, 12/19/2002]
Purged - The National Review will later purge the York article from its database.
Entity Tags: Ed Assman, County of Shannon (South Dakota), County of Mellette (South Dakota), County of Dewey (South Dakota), Chris Nelson, Byron York, Becky Red Earth Villeda, Democratic National Committee, Tim Johnson, Noma Sazama, County of Todd (South Dakota), Mark Barnett, Lee Linehan, Larry Long, National Review, Iver Crow Eagle, Kathleen Flakus, Terry McAuliffe, Joshua Micah Marshall, John Thune
Timeline Tags: Civil Liberties
UNMOVIC chief weapons inspector Hans Blix criticizes the US and British governments for failing to provide inspectors with the intelligence they need to locate Iraq’s alleged arsenal of banned weapons. Blix states, “If [Britain] and the US are convinced and they say they have evidence, then one would expect they would be able to tell us where is this stuff.” When asked if he is receiving enough cooperation from Western intelligence agencies, he answers, “Not yet. We get some, but we don’t get all we need.” [Independent, 12/21/2002] In response, US and British intelligence claim they will provide UN inspectors with higher quality intelligence. One official tells the New York Times, “We are going to give them one piece of information at a time, given strategically at the right moment.” Another official explains that the reason for this is because, “Based on our historical experience with UNSCOM, they had a very difficult time keeping information from falling into Iraqi hands.” [New York Times, 12/21/2002]
The EPA’s National Center for Environmental Assessment releases a draft document on “Exposure and Human Health Evaluation of Airborne Pollution from the World Trade Center Disaster” for public review. The draft report evaluates outdoor levels of various contaminants to which the public may have been exposed. The draft report also includes results from rodent respiratory toxicology studies which suggest a link between short-term exposure to WTC contaminants and mild lung inflammation and cough. [Environmental Protection Agency, 12/27/2002; Environmental Protection Agency, 12/20/2003]
After experiencing some problems at its inception due to the resignation of its chair and vice-chair (see December 11, 2002 and December 13, 2002), the 9/11 Commission spends much of the next four months hiring staff, getting security clearances (see March 27, 2003), finding office space, and asking for a budget increase (see March 26, 2003). One of the first employees hired is executive director Philip Zelikow, but disputes within the Commission over who will be general council last until March, when Dan Marcus is hired. The Commission is unable to even have a telephone until February, when it finds an official security facility for its offices, and until then the cell phone of staffer Stephanie Kaplan is used as the commission’s initial operations center. However, most of the Commission’s staff cannot then enter their offices, because they do not have the relevant security clearances yet, even though there are no secret documents actually in the offices at this point. Author Philip Shenon will comment: “The commission’s early logistical problems were more than a little humiliating to men like [commission Chairman Tom] Kean and [Vice Chairman Lee] Hamilton, who had commanded vast staffs and virtually unlimited office space during their years in power in government. Now they were at the mercy of others if they wanted second-hand office furniture for the commission’s cramped offices in Washington.” [Kean and Hamilton, 2006, pp. 34-45; Shenon, 2008, pp. 92]
Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]
The Oil and Energy Working Group, one of 17 such groups working under the US State Department’s “Future of Iraq” project (see April 2002-March 2003), meets to discuss plans for the oil industry in a post-Saddam Hussein Iraq. The only known member of the 15-member group is Ibrahim Bahr al-Ulum, who will become Iraq’s oil minister after the invasion. Other people likely involved include Ahmed Chalabi of the Iraqi National Congress, Sharif Ali Bin al Hussein of the Iraqi National Congress; recently defected personnel from Iraq’s Ministry of Petroleum; the former Iraqi head of military intelligence; Sheikh Yamani, the former Oil Minister of Saudi Arabia; and unnamed representatives from the US Energy Department. The responsibilities of this working group include: (1) developing plans for restoring the petroleum sector in order to increase oil exports to partially pay for a possible US military occupation government. (2) reconsidering Iraq’s continued membership in the Organization of Petroleum Exporting Countries (OPEC) and “whether it should be allowed to produce as much as possible or be limited by an OPEC quota.” (3) “consider[ing] whether to honor contracts made between the Hussein government and foreign oil companies, including the US $3.5 billion project to be carried out by Russian interests to redevelop Iraq’s oilfields.”] [Oil and Gas International, 10/30/2002; Observer, 11/3/2002; US Department of State, 12/19/2002; Financial Times, 4/7/2003; Financial Times, 9/5/2003; Muttitt, 2005] By April 2003, the working group will have met a total of four times. One of the policies they agree on is that Iraq “should be opened to international oil companies as quickly as possible after the war” and that development of Iraq’s oil fields should be done through the use of Production Sharing Agreements (PSAs). Under a typical PSA, oil ownership remains with the state, while exploration and production are contracted to the private companies under highly favorable terms. [Muttitt, 2005; Los Angeles Times, 12/8/2006]
A White House meeting in March 2003. From left to right: Cheney, Tenet, and Bush. [Source: Eric Draper / White House]CIA Director George Tenet and his deputy John McLaughlin meet in the White House with President George Bush and Bush’s top advisers for a “dress rehearsal” ahead of a public presentation that will accuse Iraq of having weapons of mass destruction. Bush is disappointed with Tenet and McLauglin’s presentation, which is based on communications intercepts, satellite photos, diagrams, and other intelligence. “Nice try,” one official will later recall Bush saying. “I don’t think this quite—it’s not something that Joe Public would understand or would gain a lot of confidence from.” Bush reportedly says to Tenet. “I’ve been told all this intelligence about having WMD, and this is the best we’ve got?” According to a White House leak to Washington Post reporter Bob Woodward, Tenet responds, “It’s a slam dunk case,” Bush then reportedly asks, “George, how confident are you?” To which the intelligence head responds, “Don’t worry, it’s a slam dunk.” [Washington Post, 4/17/2004; PBS Frontline, 6/20/2006 Sources: Carl W. Ford, Jr.] But this account is later disputed by Tenet. According to Tenet, he told the president that he could provide more intelligence to strengthen the public case. It would be easy—“a slam dunk.” [Tenet, 2007, pp. 359-367; CBS News, 4/29/2007]
The Environmental Protection Agency withdraws a Clinton era rule that imposes total pollution limits for all water bodies and requires federal oversight on the clean-up of nearly 300,000 miles of rivers and 5 million acres of lakes. The move will make it easier for states to remove waterways from the clean-up list and more difficult for other waterways to be added. [Perks and Wetstone, 1/2003, pp. 17-18 ; Environmental Defense Center, 1/13/2003]
Iraq announces that it will permit UN inspectors to interview Iraqi scientists without government officials present. At a news conference in Baghdad, Amir al-Saadi, an adviser to Saddam, invites the US to send CIA agents into Iraq to lead inspectors to the alleged weapons sites. Gen. Amir Saadi says, “We do not even have any objection if the CIA sent somebody with the inspectors to show them the suspected sites.” [MSNBC, 12/22/2002; Washington Post, 12/23/2002; New York Times, 12/23/2002] The Bush administration dismisses Baghdad’s offer as a “stunt.” [USA Today, 12/22/2002; Guardian, 12/23/2002; Washington Post, 12/24/2002]
Simon Dodge, an Iraq nuclear analyst from the State Department’s Bureau of Intelligence and Research (INR), sends an email to a DOE analyst indicating his surprise that INR’s well-known alternative views on both the aluminum tubes and the uranium information were not included in a paper recently put together by the CIA’s WINPAC unit (see December 17, 2002). The DOE analyst replies in an e-mail, commenting, “It is most disturbing that WINPAC is essentially directing foreign policy in this matter. There are some very strong points to be made in respect to Iraq’s arrogant non-compliance with UN sanctions. However, when individuals attempt to convert those ‘strong statements’ into the ‘knock out’ punch, the administration will ultimately look foolish—i.e. the tubes and Niger!” [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 163-164]
The Bush administration quietly announces plans to create a federal rule giving state governors increased control over the national forests in their states by allowing them to apply to the federal government for exemptions from the Roadless Area Conservation Rule on a case-by-case basis. The Roadless Rule, introduced by Clinton in January 2001, banned the construction of roads in 58. 5 million acres, or nearly one-third, of the nation’s forests. The federal rule proposal will not be formally announced until July 13, 2004 (see July 12, 2004) [Wilderness Society, n.d.; Sierra Club, 4/28/2004]
The Bureau of Labor Statistics announces that it will no longer publish its monthly Mass Layoffs Statistics Report, which details factory closings around the country. The administration says the reports are too costly. Labor unions say the government is attempting to conceal negative economic news. [Savage, 2007, pp. 104]
In a front-page article, the Washington Post reports on the US intelligence program of rendition (see 1993) and reveals that US agents are using “stress and duress” techniques to interrogate captives detained in Afghanistan. Persons being held in the CIA interrogation center at Bagram Air Base who refuse to cooperate “are sometimes kept standing or kneeling for hours in black hoods or spray-painted goggles,…. held in awkward, painful positions and deprived of sleep with a 24-hour bombardment of lights’ subject to what are known as ‘stress and duress’ techniques,” the article says. [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Each of the ten current national security officials who were interviewed for the article “defended the use of violence against captives as just and necessary.” [Washington Post, 12/26/2002] It quotes one official who reasons: “If you don’t violate someone’s human rights some of the time, you probably aren’t doing your job…. I don’t think we want to be promoting a view of zero tolerance on this.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Likewise, another official acknowledges that “our guys may kick them around a little bit in the adrenaline of the immediate aftermath.” A different source comments, with reference to the medical services provided for captives, that “pain control [in wounded patients] is a very subjective thing.” [Washington Post, 12/26/2002] Finally, in a very explicit remark, one of the officials interviewed by the Post, who is described as being directly involved in the rendition of captives, explains the program’s logic: “We don’t kick the [expletive] out of them. We send them to other countries so they can kick the [expletive] out of them.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] After the report is published, Maj. Stephen Clutter, the deputy spokesman at Bagram, denies the allegations (see December 29, 2002), claiming that the Washington Post article was “false on several points, the first being that there is no CIA detention facility on Bagram.” He says, “The accusation of inhumane treatment is something that I can clearly refute. The things that they talked about, the inhumane conditions… are things that do not go on here.” [Agence France-Presse, 12/29/2002]
Human Rights Watch writes to President Bush about the allegations of torture reported in the Washington Post (see December 26, 2002), asking that the allegations be investigated immediately. [Human Rights Watch, 12/26/2002; BBC, 12/26/2002; CBC News, 12/27/2002; Washington Post, 12/28/2002; Human Rights Watch, 5/7/2004] White House spokesman Scott McClellan denies that US interrogation practices violate international law and indicates no interest on the part of the administration to investigate the allegations. “We are not aware we have received the letter.… [W]e believe we are in full compliance with domestic and international law, including domestic and international law dealing with torture.” He adds that combatants detained by the US are always treated “humanely, in a manner consistent with the third Geneva Convention.” [Washington Post, 12/28/2002]
The EPA Office of Research and Development releases a comprehensive study on pollution in and around Ground Zero titled, “Exposure and Human Health Evaluation of Airborne Pollution from the World Trade Center Disaster.” The study concludes that the majority of residents and employees who returned to homes and offices after September 17 were “unlikely to suffer short-term or adverse health effects” from contaminants in the air. However the study warns that the thousands of people who were caught in the huge billowing dust clouds immediately after the towers collapsed, or who inhaled the air near the WTC site a few days after the attack, were “at risk for immediate acute [and possibly chronic] respiratory and other types of symptoms.” On page 77 of the report, the authors reveal that recorded dioxin levels from September through November were extremely high. For example, between October 12 and 29, a monitoring station on Park Row near City Hall Park recorded dioxin levels that averaged 5.6 parts per trillion/per cubic meter of air. This level is almost six times greater than the highest dioxin level ever recorded in the US, the report notes. The heaviest concentrations of dioxins were found at Ground Zero where concentrations “ranging from about 10 to 170” parts per trillion were recorded during the period between September 23 through November 21. Again the report observes that this figure is “between 100 and 1,500 times higher than typically found in urban air.” David Carpenter, MD, a researcher at State University of New York, tells the New York Daily News, “Those air levels are outrageous. There’s a very significant health danger here.” [New York Daily News, 12/31/2002]
The Bush administration outlines a seven-point plan “clarifying” federal guidelines on preventing wetlands loss. This reinterpretation of existing rules weakens protections for wetlands by focusing on the ecological quality of new wetlands that replace destroyed wetlands in developed areas instead of requiring acre-for-acre replacement. [Associated Press, 12/27/2002]
Mohammed Asghar [Source: CBC]A member of a document-forging and smuggling ring is arrested in Canada in late October 2002. The suspect, Michael Hamdani, tells authorities about a cell of 19 terrorists seeking false passports from a Pakistani smuggling ring in order to gain entry to the US, with five successfully infiltrating the country via Canada on Christmas Eve. [ABC News, 1/6/2003] He tells the FBI that he had been offered a large sum of money to assist with the smuggling of the five men into the US. He admits that he was part of the smuggling and counterfeit document ring; officials also believe that Hamdani has links to terrorist groups. [Washington Post, 1/3/2003] As a result, on December 27, 2002, the FBI issues an all-points bulletin that launches a massive effort by law enforcement officials who fear terrorist attacks over the holiday period. The bulletin is approved by President Bush, who says publicly, “We need to know why they have been smuggled into the country and what they’re doing in the country.” The FBI posts pictures of five of the men on its website, warning that the provided names and ages could be fictitious. They also raid six locations in Brooklyn and Queens. These pictures lead to numerous calls and sightings of the men from around the country. [ABC News, 1/6/2003] During the course of the investigation, an unsubstantiated report surfaces; the FBI learns from a Middle East source that terrorists are planning eight diversionary explosions in New York harbor on New Year’s Eve, to be followed by one large-scale genuine attack. The target is identified as the US Secret Service office in Manhattan. The New York Police Department alerts the US Coast Guard, which closes the harbor to pleasure craft and scrambles a 100-person Maritime Safety and Security Team. This team patrols the harbor with boats mounted with heavy machine guns and carrying tactical officers armed with automatic weapons. No other evidence ever emerges to support the FBI’s source. [Time, 1/5/2003] The man pictured as Mustafa Khan Owasi in one of the FBI photos is found a few days later in Pakistan. [ABC News, 1/6/2003] He says he had once tried to get a false visa in order to travel to Britain, but had been caught in the United Arab Emirates and returned to his home in Lahore, Pakistan. His real name is Mohammed Asghar and he works as a jeweler. He says he suspects the forgers that he provided his information to in order to receive the false visa may have used his identity to create papers for someone else. Investigators begin to doubt the veracity of Hamdani’s claims. [CBC News, 1/2/2003] US experts also find that the polygraph exam of Hamdani administered by Canadian authorities was seriously flawed. The assumption that this polygraph exam was accurate was one of the main motives in issuing the alert. Officials also fail to find any link between Hamdani and al-Qaeda, or any other radical militant organization. No links are discovered between the identities in the passports and extremist groups. [ABC News, 1/6/2003] The FBI realizes that the infiltration story had been fabricated by Hamdani and retracts the terror alert on New Year’s Day. [Time, 1/5/2003] The retraction of the terror alert leads to criticism of the FBI. Michael Greenberger, a former Justice Department official who heads the University of Maryland’s Center for Health and Homeland Security, says, “There is going to be a sort of ‘crying wolf’ scenario… When they put these out, there should be a more thorough explanation to the American public about what they’re doing.” The FBI defends its handling of the situation, saying that it reacted appropriately to the possibility of a real threat and noting that some of Hamdani’s information on the smuggling ring was accurate and led to ten (non-terrorism related) arrests. [Washington Post, 1/8/2003] Hamdani was already facing fraud charges in Canada after the raid that led to his arrest discovered fake passports, Pakistani driving licenses, immigration documents, and counterfeit traveler’s checks. He also had outstanding fraud warrants from the FBI in New York and the Royal Canadian Mounted Police. The FBI believes that Hamdani fabricated the story to avoid extradition to Canada. [ABC News, 1/6/2003] One investigator says, “You wouldn’t trust him as far as you could throw him.” [Time, 1/5/2003]
A CIA official known as a “debriefer” attempts to intimidate al-Qaeda leader Abd al-Rahim al-Nashiri with a handgun and a power drill. [Central Intelligence Agency, 5/7/2004, pp. 42 ] The official, who will later become known as “Albert,” had come to interrogate al-Nashiri at an agency black site in Poland after al-Nashiri had been tortured (see (November 2002)), but recently decided that al-Nashiri was still withholding information (see Mid-December 2002). [Central Intelligence Agency, 5/7/2004, pp. 42 ; Mayer, 2008, pp. 225; Associated Press, 9/7/2010] Albert gets approval for the plan to use the gun from his supervisor, known only as “Mike,” although Mike does not clear the plan with CIA headquarters. [Associated Press, 9/7/2010] Albert takes an unloaded semi-automatic handgun into al-Nashiri’s cell. He racks it once or twice, simulating the loading of a bullet into the chamber, close to al-Nashiri’s ear. [Central Intelligence Agency, 5/7/2004, pp. 42 ] After again receiving consent from Mike, around the same day Albert takes a power drill into the cell. While al-Nashiri is naked and hooded, he revs the drill to frighten al-Nashiri, but does not touch him with it. [Central Intelligence Agency, 5/7/2004, pp. 42 ; Associated Press, 9/7/2010] This abuse will be reported to CIA headquarters (see January 2003), but the Justice Department will decline to prosecute Albert (see September 11, 2003), and the result of the CIA inspector general’s investigation of the matter is unknown (see October 29, 2003).
A US military spokesman for Bagram, Maj. Steve Clutter, says allegations reported in the Washington Post (see December 26, 2002) are unfounded. He claims that the Post article was “false on several points, the first being that there is no CIA detention facility on Bagram.” He says, “The accusation of inhumane treatment is something that I can clearly refute. The things that they talked about, the inhumane conditions… are things that do not go on here.” [Agence France-Presse, 12/29/2002] “There is a facility run by the US Army, however, there is absolutely no evidence to suggest that persons under control of the US Army have been mistreated,” he explains. “A doctor examines them daily. They have access to medical care 24 hours a day, seven days a week. They have dental care. They sleep in a warm facility and have three meals a day that are prepared according to Islamic cultural and religious norms. When they arrive, they go through an interview process to determine whether they are enemy combatants or have information that can help us prevent terrorist attacks against Americans or attacks against US forces. During this interview process, they are treated as humanely as possible. We routinely allow visits, about once a week, from the International Committee of the Red Cross to ensure their treatment is humane. If they are deemed to be enemy combatants or pose a danger, they become detainees. If they are not, they are ultimately released.” [Reuters, 12/28/2002]
The US military responds to recent media stories about the torture and abuse of suspected al-Qaeda detainees in Afghanistan by denying that any such treatment takes place. Recent articles in the Washington Post have claimed that detainees held at Bagram Air Force Base were subjected to “stress and duress” techniques (see December 26, 2002). These techniques include “stress positions,” where detainees are shackled or strapped into painful positions and kept there for hours, and sleep deprivation. US military spokesman Major Steve Clutter denies the allegations. “The article was false on several points, the first being that there is no CIA detention facility on Bagram; there is a facility run by the US Army,” he says (see October 2001). “However, there is absolutely no evidence to suggest that persons under control of the US Army have been mistreated. The United States Army is treating enemy combatants under government control, humanely, and in conditions that are generally better than they were experiencing before we placed them under our control” (see December 2001 and After, Late 2002, January 2002, March 15, 2002, April-May 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, November 30-December 3, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, and December 10, 2002). Clutter also denies that detainees have been subjected to “rendition”—being turned over to foreign governments who routinely torture prisoners. Instead, he says, most prisoners held at Bagram were released after being interrogated in a process overseen by the International Committee of the Red Cross. “I would like to point out that persons under US government control who come to Bagram are not automatically deemed to be terrorists or enemy combatants,” Clutter says. “When they arrive, they go through an interview process to determine whether they are enemy combatants or have information that can help us prevent terrorist attacks against Americans or attacks against US forces. If they are deemed to be enemy combatants or pose a danger, they become detainees. If they are not, they are ultimately released.” [Agence France-Presse, 12/29/2002]
The UN Security Council approves some of the US’ and Britain’s suggestions for tightening sanctions on Iraq. Among the items added to the list of banned and restricted goods are certain types of communications equipment, speed boats, heavy trucks, and antibiotics. The US, assisted by its British ally, argued that the items could be used for military purposes. Iraq says that the new restrictions would undermine the oil-for-food program which allows Iraq to use proceeds from its oil sales to purchase humanitarian goods such as medical supplies. [Associated Press, 12/30/2002; Associated Press, 1/2/2003]
Joe Webber. [Source: US Customs]Joe Webber, running the Houston office of the Department of Homeland Security’s Bureau of Immigration and Customs Enforcement, starts investigating a man believed to be raising money for Islamic militants. The suspect is in direct contact with people who are known to be associated with Osama bin Laden. Webber has good cooperation with the local FBI office, federal prosecutors in Houston, and Justice Department officials in Washington. However, he claims that FBI headquarters officials tell him point blank that he will not be allowed to conduct his investigation. After many months of delays from the FBI, friends from within the bureau tell him that headquarters will not allow the investigation to proceed because it is being run by Customs and not by the FBI. Webber is so upset that he eventually becomes a whistleblower. Sen. Charles Grassley and other politicians support his case and say there are other instances where the FBI impedes investigations because of turf battles. Asked if the FBI would put a turf battle above national security, Webber says, “That’s absolutely my impression. You would think, in a post-9/11 environment, that an event like that wouldn’t occur. But it did.” [MSNBC, 6/3/2005]
Deputy CIA Director John McLaughlin and Robert Walpole, the agency’s national intelligence officer for nuclear weapons, share an early draft of a rebuttal to Iraq’s December 7 declaration (see December 7, 2002) with National Security Council staffers. The White House intends to use the report as the basis for Colin Powell’s upcoming speech before the UN Security Council. But the NSC staffers find it lacking in detail, and the White House tells McLaughlin and Walpole to keep working on it. [Isikoff and Corn, 2006, pp. 175]
Secretary of Defense Donald Rumsfeld signs a directive ordering the deployment of an additional 50,000 reinforcements to the Persian Gulf region. The order includes some 4,000 soldiers from the Third Infantry Division, who are specialists in desert warfare. Orders to deploy or prepare for deployment are also given to several naval ships and Air Force squadrons. [New York Times, 1/1/2003; London Times, 1/2/2003] Military experts tell the Guardian of London that given the amount of resources that have so far been allocated in preparation for invading Iraq, it is very unlikely that war can be avoided. An unnamed source from the neoconservative Project for the New American Century tells the newspaper, “It’s very hard for a country to mobilize for war, and not to go for war without a very serious reason. If you signal to the world that you’re serious, and you don’t do anything, then you’re saying you’re not a serious country.” [Guardian, 12/31/2001]
A CIA officer who is interrogating al-Qaeda leader Abd al-Rahim al-Nashiri threatens to harm al-Nashiri’s mother and family. The officer tells al-Nashiri that if he does not talk, “We could get your mother in here,” and, “We can bring your family in here.” [Central Intelligence Agency, 5/7/2004, pp. 42 ] At this time al-Nashiri is apparently being held at a CIA base in Poland. The officer will later become known as “Albert.” [Associated Press, 9/7/2010] Albert, who also threatens al-Nashiri with a gun and power drill around the same time (see Between December 28, 2002 and January 1, 2003), apparently wants al-Nashiri to infer, for what the CIA’s inspector general will call “psychological reasons,” that he may not be a US official. Instead, al-Nashiri is to believe that he comes from an Arabic country. Al-Nashiri would infer this because of Albert’s Arab accent. According to the inspector general, this is because it is “widely believed in Middle East circles” that interrogation by officials of this Arabic country involves “sexually abusing female relatives in front of the detainee.” [Central Intelligence Agency, 5/7/2004, pp. 42-43 ] The name of the Arabic country is not known, although Albert is of Egyptian descent. [Associated Press, 9/7/2010] Albert will admit not identifying himself as a US official to al-Nashiri, but say that he neither claimed to be an official of this Arabic country nor threatened his family. [Central Intelligence Agency, 5/7/2004, pp. 42-43 ]
Military legal experts at Guantanamo, particularly from the Navy, inform the Office of General Counsel that they have concerns about the interrogation techniques being used there. It’s “not clear whether it is the techniques that are being used, the techniques that have been requested, or somebody’s speculation about a change in techniques at Guantanamo,” the Pentagon’s Principal Deputy General Counsel Daniel J. Dell’Orto will later say at a press briefing in June 2004. [Washington File, 6/23/2004; New York Times, 8/25/2004]
United Nations Secretary-General Kofi Annan says in an interview with Israel’s Army Radio that Saddam’s government is cooperating with UN weapons inspectors and that he sees no reason for the use of force against Iraq. “Iraq is cooperating and they [inspectors] are able to do their work in an unimpeded manner and therefore I don’t see an argument for a military action now,” the secretary-general says. “They may give an interim report before the [January] 27 [deadline] and I really do not see any basis for an action until then, particularly as they are able to carry out their work in an unimpeded manner.” [Reuters, 12/31/2001; BBC, 12/31/2001; Independent, 1/1/2003] The Independent of London call his remarks “a blunt warning to Britain and the United States that they will need clear evidence of clandestine weapons programs in Iraq to win support from other nations for any military campaign against Saddam Hussein this winter.” [Independent, 1/1/2003]
At his ranch in Texas, President Bush tells a reporter who questions whether the world is safer heading into 2003: “I hope this Iraq situation will be resolved peacefully. One of my New Year’s resolutions is to work to deal with these situations in a way so that they’re resolved peacefully.” However, Bush takes a harder line when pressed. When a reporter asks about “a possible war with Iraq looming,” Bush retorts: “You said we’re headed to war in Iraq—I don’t know why you say that. I hope we’re not headed to war in Iraq. I’m the person who gets to decide, not you. I hope this can be done peacefully. We’ve got a military presence there to remind Saddam Hussein, however, that when I say we will lead a coalition of the willing to disarm him if he chooses to disarm, I mean it.” [US President, 1/6/2003; Atlantic Monthly, 10/2004; Unger, 2007, pp. 268]
Army investigators discover that 62 percent of its gas masks and 90 percent of its chem/bio detectors—which alert soldiers to the presence of chemical or biological toxins—are defective. Nevertheless, the Bush administration continues to prepare for war with Iraq, a country believed to have a large and dangerous stock of chemical and biological weapons. Tens of thousands of US soldiers will be issued defective chem/bio suits, many with holes or ripped seams. Retired Army Colonel David Hackworth will later recall: “When the Pentagon tried to trace down these bad suits, they couldn’t find them at all. So a trooper out in the… middle of a desert is putting on a suit, [and] he doesn’t know if he’s got a good one or a bad one. It’s, it’s kind of like Russian roulette.” [Carter, 2004, pp. 57]
North Korea expels the two international nuclear inspectors from the International Atomic Energy Agency (IAEA) from its country (see December 12, 2002). IAEA officials have been monitoring North Korea’s nuclear program since 1985. [BBC, 12/2007; Scoblic, 2008, pp. 239]
The United States exports arms to 25 countries this year. Of these, 18 are involved in ongoing conflicts, including Angola, Chad, Ethiopia, Colombia, Pakistan, the Philippines, and Israel. Sales to these countries total almost $1 billion, with most it—$845.6 million—going to Israel. More than half of the top 25 recipients are currently designated “undemocratic” by the US State Department’s Human Rights Report. Those countries—including Saudi Arabia, Egypt, Kuwait, the United Arab Emirates, and Uzbekistan—account for more than $2.7 billion in US sales. When countries with a poor human rights records or serious patterns of abuse are also added to the list, 20 of the top 25 US arms recipients, or 80 percent, are either undemocratic regimes or governments with a poor human rights record. [Berrigan and Hartung, 6/2005; Boston Globe, 11/13/2006]
Entity Tags: Angola, Pakistan, Uzbekistan, United Arab Emirates, Kuwait, Israel, Egypt, Philippines, Ethiopia, United States, Saudi Arabia, Chad, Colombia
Timeline Tags: US Military, US International Relations
Trade between China and Iran increases by 50 percent. China is a major exporter of manufactured goods to Iran, including computer systems, household appliances, and automobiles. The growth of Chinese-Iranian trade has undermined the effectiveness of US sanctions against companies doing business with Iran, which the Bush administration claims is pursuing the development of nuclear weapons and has ties to terrorist organizations. “Sanctions are not effective nowadays because we have many options in secondary markets, like China,” Hossein Shariatmadari, a leading conservative Iranian theorist and editor of the Kayhan newspapers, will tell the Washington Post in 2005. [Washington Post, 11/17/2004]
Scott Muller. [Source: New York Times]Sometime in 2003, CIA General Counsel Scott Muller raises the idea of destroying videotapes of the interrogations of al-Qaeda leaders Abu Zubaida and Abd al-Rahim al-Nashiri during discussions in 2003 with Justice Department lawyers. But the Justice Department lawyers advise against destroying them. It is unknown what the basis for their advice is. Muller similarly approaches White House Deputy Chief of Staff Harriet Miers with the idea and she also advises him against it (see Between 2003-Late 2005). [New York Times, 12/8/2007]
After the US invades Iraq (see March 19, 2003), the US Department of Defense begins drastically curbing its oversight of private contractors providing logistical support to US troops, while at the same time ramping up its outsourcing of critical troop support jobs. The prime beneficiary of the Defense Department’s decisions is former Halliburton subsidiary KBR. While Army contracts will quadruple from $23.3 billion in 1992 to $100.6 billion in 2006, the Army halves its number of contract supervisors, from 10,000 in 1990 to 5,500 in 2007. As a result, fraud runs rampant (see October 2006 and Beyond). Subcontractor Christopher Cahill, whose company has spent a decade working under the LOGCAP logistics program, will say: “I think we downsized past the point of general competency. The point of a standing army is to have them equipped.” Cahill will serve 30 months in prison for fraud. A KBR spokeswoman will say, “Ethics and integrity are core values for KBR.”
Monitoring - Military auditors claim they closely monitor the various layers of KBR subcontractors who actually perform most of the LOGCAP work, but prosecutors will show that US-based auditors can manage reviews that are limited at best over the plethora of deals constantly being brokered between KBR and a host of multinational subcontractors. One of KBR’s Houston office buildings houses a 25-member team from the Defense Contract Audit Agency; in 2007 they will admit that they cannot perform any oversight because they have “no communications” with any “personnel on the ground” in Iraq or Kuwait.
Consequences - Without oversight, many KBR officials begin openly displaying and bragging about the Rolex watches, leather jackets, prostitutes, and other “perks” provided to them by Middle Eastern businessmen. “[T]he KBR guys weren’t shy about bragging about the fact that they were being treated to all that stuff,” according to Paul Morrell, whose firm the Event Source ran several mess halls as a KBR subcontractor. In return, subcontractors become indispensable to the logistical functioning of the Army, and throw their weight around. Former KBR subcontract manager Harry DeWolf will say that when subcontracts came up for renegotiation, the firms would say: “‘Fine, we’re going to pull out all of our people and equipment.’ They really had KBR and the government over the barrel.” [Chicago Tribune, 2/20/2008; Chicago Tribune, 2/21/2008]
An internal audit shows that the cutting-edge electronic surveillance system, DCSNet (see 1997-August 2007 and After), is unacceptably vulnerable to hacking and exploitation. The audit finds numerous security vulnerabilities, including the allowing of multiple and shared logins, a lack of firewall and antivirus software, and Windows-based vulnerabilities surrounding the operating system’s administrative functions. Steven Bellovin, a computer science professor and surveillance expert, says the risks from insiders are particularly worrisome. “The underlying problem isn’t so much the weaknesses here, as the FBI attitude towards security,” he says. The FBI assumes “the threat is from the outside, not the inside,” and believes that “to the extent that inside threats exist, they can be controlled by process rather than technology.” He considers the entire system at risk both from insiders and hackers from outside. “Any time something is tappable there is a risk,” Bellovin says. “I’m not saying, ‘Don’t do wiretaps,’ but when you start designing a system to be wiretappable, you start to create a new vulnerability. A wiretap is, by definition, a vulnerability from the point of the third party. The question is, can you control it?” [Wired News, 8/29/2007]
A team of scientists, headed by Mark Buller of the University of St. Louis and funded by the US government, develops an extremely deadly form of mousepox. In experiments, the virus proves 100 percent lethal—even for mice that have been given antiviral drugs as well as a vaccine that would normally protect them. Bullers says his work is necessary in order to anticipate what bioterrorists might do. [New Scientist, 10/29/2003; Miami Herald, 10/31/2003]
US President George W. Bush’s brother Florida Governor Jeb Bush makes a large contribution to the Cancun World Trade talks, defending the US’s tariff on orange juice which protects Florida’s citrus industry. In 1985, the US had imported half a billion gallons of orange juice from Brazil, and 20 million gallons from the rest of the world. These figures now stand at 150 million gallons and 100 million gallons respectively as a result of the tariffs. Another Bush family member, brother Marvin Bush, may be able to explain Jeb’s interest in these subsidies—he holds 30,000 shares in a business which is directly dependent on continued Brazilian tariffs to keep its business. [Guerrilla News Network, 10/15/2003]
The number of beach closings and health safety advisories increases 51 percent over the year 2002 at US oceans and Great Lakes, according to an annual survey conducted by the Natural Resources Defense Council (NRDC). In fact, 2003 is the worst year ever recorded by the organization since it began monitoring US shorelines fourteen years ago. Eighty-eight percent of the closings are due to high levels of bacteria indicative of human and animal waste. “We know that the high bacteria levels that cause most closings and advisories come from two sources—inadequately treated sewage and contaminated stormwater,” says Nancy Stoner, director of NRDC’s Clean Water Project. “We have a major water system breakdown across the country, and local, state and federal authorities need to wake up and fix it.” [Environmental News Network, 8/6/2004 Sources: NRDC Annual Report - Testing the Waters 2004]
According to a later report by the BBC, Mohammad Sidique Khan, the lead bomber in the 7/7 London bombings (see July 7, 2005), is “seen with [al-Qaeda operative Mohammed Junaid Babar] in Leeds in 2003.” The BBC will not name Babar for “legal reasons,” but the description they give (“he is a United States citizen from a Pakistani family from New York who traveled to Pakistan immediately after the 9/11 attacks”) matches Babar exactly. It is believed that US intelligence began monitoring Babar in late 2001 after he proclaimed his desire to kill Americans in several video interviews (see Early November 2001-April 10, 2004). The BBC will not clarify just who sees Babar and Khan together. In 2003, British intelligence is honing in on a fertilizer bomb plot that Babar is involved in, and Khan is connected to some of the plotters. For instance, sometime in early 2003 British intelligence discovers calls between one of the main alleged plotters and a “Siddique Khan” (see Shortly Before July 2003). [BBC, 10/25/2005]
Republican 9/11 Commissioner Jim Thompson becomes involved in a scandal surrounding the Canadian media tycoon Conrad Black. Black is accused by shareholders and then the US Justice Department of appropriating money—tens of millions of dollars—that should have gone to shareholders for his own use, and of spending it on parties, private jets, and luxury homes. Thompson gets involved in the scandal because he was a director of Black’s company, Hollinger International, and also the chairman of the audit committee there, meaning that Thompson’s role is of great interest to prosecutors. Thompson spends a lot of time trying to extricate himself from the scandal and, according to author Philip Shenon, he “all but disappear[s] from the commission during the first year of the investigation.” This has a bad effect on the commission’s relations with Republicans in the House of Representatives, as Thompson is supposed to function as an unofficial liaison to them. As House Republicans have nobody on the commission who talks to them, they begin to attack it, in particular in April 2004 (see April 13-April 29, 2004). [Shenon, 2008, pp. 91-92]
Vice President Dick Cheney unilaterally exempts his office from Executive Order 12958, which established government-wide procedures for safeguarding classified national security information. [White House, 4/17/1995; Congress Committee On Oversight And Government Reform, 6/21/2007] It was amended by President Bush’s Executive Order 13292 (see March 25, 2003) to require that all agencies or “any other entity within the executive branch that comes into the possession of classified information” regularly report on their activities to the Information Security Oversight Office. [White House, 3/25/2003]
Vice President Not Part of Executive Branch, Cheney Argues - Cheney’s argument is that the vice president’s office is not part of the executive branch, and therefore has no legal obligation to report on its classification decisions as mandated by the order. Cheney justifies his position by noting that the vice president has a role in both the executive and legislative branches—the vice president is also president of the Senate—and the vice president’s office is not an agency. In May 2006, Cheney spokeswoman Lea Anne McBride will say, “This has been thoroughly reviewed and it’s been determined that the reporting requirement does not apply to [the office of the vice president], which has both legislative and executive functions.” (McBride does not say who reviewed the claim.)
Criticism - Others, such as government secrecy expert Steven Aftergood of the Federation of American Scientists, disagree. “It undermines oversight of the classification system and reveals a disdain for presidential authority,” he says. “It’s part of a larger picture of disrespect that this vice president has shown for the norms of oversight and accountability.” Around 80 agencies and entities must report annually to the National Archives; besides the Office of the Vice President, only the president’s Homeland Security Council and the president’s Foreign Intelligence Advisory Board have as yet failed to report on their activities. Aftergood will say: “Somebody made a decision that they don’t want to do what they used to do.… They have to explain why they stopped doing it, and they haven’t done that.” [ABC News, 6/21/2007] Law professor Garrett Epps observes: “The vice president is saying he doesn’t have to follow the orders of the president. That’s a very interesting proposition.” And Judicial Watch’s Paul Orfanedes says Cheney’s claim “seems most disingenuous.” [Cox News Service, 6/21/2007]
Retaliation For Attempt To Force Compliance - The National Archives’ Information Security Oversight Office (ISOO) will attempt in 2004 to conduct an inspection of Cheney’s offices pursuant to the executive order; Cheney’s staff will block the inspection, the first time since the ISOO’s inception in 1978 that one of its inspections has been thwarted. The National Archives will protest Cheney’s decision (see June 8, 2006 and January 9, 2007); Cheney will respond by attempting to abolish the ISOO (see May 29, 2007-June 7, 2007). [Henry A. Waxman, 6/21/2007 ; ABC News, 6/21/2007] In June 2007, President Bush will announce that he never intended for either his or Cheney’s office to have to comply with the directive. [USA Today, 6/24/2007; Newsweek, 12/27/2007]
Issue Nothing More Than 'Kerfuffle' - In December 2007, Cheney will call the entire issue a “kerfuffle… is he or isn’t he; is he part of the executive branch, part of the legislative branch? And the answer really is, you’ve got a foot in both camps. I obviously work for the president. That’s why I’m sitting here in the West Wing of the White House. But I also have a role to play in the Congress as the president of the Senate. I actually get paid—that’s where my paycheck comes from, is the Senate. So I try to keep lines open to both sides of the Congress, both the House and the Senate.” [White House, 12/6/2007] However, Cheney sometimes asserts executive privilege, a function of the executive branch (see June 26, 2007 and June 29, 2007).
Entity Tags: Information Security Oversight Office, Richard (“Dick”) Cheney, National Archives and Records Administration, Homeland Security Advisory Council, Lea Anne McBride, George W. Bush, Federation of American Scientists (FAS), Foreign Intelligence Advisory Board, Garrett Epps, Steven Aftergood, Office of the Vice President, Paul Orfanedes
Timeline Tags: Civil Liberties
A CIA prison in Thailand closes at some time this year. [Washington Post, 11/2/2005] The prison’s location is not known with certainty, although a Vietnam War-era base at Udron was used by the agency for counterterrorist purposes around this time. [Weiner, 2007, pp. 297] The prison was built in March 2002 (see March 2002) and the best-known high-value detainee previously held there was militant training camp facilitator Abu Zubaida (see April - June 2002 and Mid-April-May 2002).
A CIA supervisor involved in the abuse of detainee Abd al-Rahim al-Nashiri leaves the agency. The supervisor, known only as “Mike,” had been in charge of a CIA black site in Poland to which al-Nashiri had been transferred at the end of 2002. Another CIA officer, known only as “Albert,” had consulted with Mike before threatening al-Nashiri with a gun and drill (see Between December 28, 2002 and January 1, 2003). Mike will later teach and work in the private sector. [Associated Press, 9/7/2010]
Posse Comitatus and Aryan Nations leader James Wickstrom (see 1969 and 1984) rails against slain civil rights leader Dr. Martin Luther King Jr. at a white separatist “skinhead” gathering, saying: “I have a dream! If that g_ddamn n_gger can have a dream, I can have a dream, too. I have a dream that in the days to come there won’t be anyone who isn’t white that’s gonna be in America!” [Southern Poverty Law Center, 2010]
Jerry Vlasek, a Los Angeles heart surgeon and member of the radical Animal Defense League (ADL), says, in his view, it is acceptable to assassinate scientists working in biomedical research to save the lives of animals used in that research. “I think violence is part of the struggle against oppression,” he says. “If something bad happens to those people [animal researchers], it will discourage others. It is inevitable that violence will be used in the struggle and that it will be effective.” Vlasek adds: “I don’t think you’d have to kill too many. I think for five lives, 10 lives, 15 human lives, we could save a million, 2 million, 10 million non-human lives.” In 2004, Vlasek will be banned from entering Britain to attend a conference held by Britain’s Stop Huntingdon Animal Cruelty (SHAC—see 1998) and SPEAK, an anti-vivisection group, for his remarks, though he will address the conference via video link. [Anti-Defamation League, 2005]
Charles Hockenbarger, an elderly activist for the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) of Topeka, Kansas, is badly beaten by an unknown assailant while carrying a sign that reads, “Thank God for September 11.” WBC members routinely praise the 9/11 attacks as being part of God’s vengeance on America for tolerating homosexuality. The church claims that Hockenbarger’s assailant is a homosexual and the beating is part of a larger murder conspiracy. Hockenbarger’s assailant will remain unidentified. [Global Oneness, 2011] Hockenbarger was convicted of assaulting a Lutheran minister in 1996 (see 1996). It is not known if the two incidents are connected.
Ahmad al Mukhtar is appointed as director of foreign relations in Iraq’s Ministry of Trade. One of his tasks will be to push for Iraq’s inclusion into the World Trade Organization. Al Mukhtar, who has no background in economics and whose previous job was reading the English-language news on television, shares Washington’s view that Iraq needs a market-based economy and that Iraqis need to be weaned from their dependence on the state. According to Al Mukhtar, Iraqis “are lazy. The Iraqis by nature, they are very dependent…. They will have to depend on themselves, it is the only way to survive in the world today.” [Harper's, 9/24/2004]
The Illinois-Iowa National Guard is deployed to Iraq. The unit is sent with 14 of its Chinook helicopters. However only two of them are outfitted with aircraft survivability equipment. The remaining helicopters will operate in Iraq unprotected. [St. Louis Post-Dispatch, 12/27/2003]
Former US serviceman Arnold Parks learns that “test” medications he had been given by the US Army in 1965 (see 1965) were in fact VX, sarin, and LSD. In an interview with KFOR in Oklahoma City, he says that according to his military medical files: “[O]n this date they gave me VX, on this date they gave me sarin, on this date they gave me LSD. I was angry. As a matter of fact, I came unglued…. The VX they gave, it was a pill. And I asked the guy after I took that, you know, I asked him what was that? He said, ‘That’s the new pill for polio.’” After taking the LSD, he experienced serious hallucinations. “Some of these hallucinations got a little bit scary,” he says. “I think I had about four and the only one that was OK was the one that I watched this movie, it was a love story on TV. But there was no TV in the room, so I couldn’t have watched that movie on TV. So it was all an acid trip, basically it was a trip but the other three was the killing things.” Arnold Parks believes that the sarin and VX pills he ingested in 1965 caused damage to his arms, legs and heart. But the Veteran’s Administration has told him that the government is not liable for any damage unless it can been confirmed that the test pills given to him by the US government are the direct cause of his ailments. Mr. Parks wants compensation for being tricked into taking the harmful agents. “Pay me compensation. I want that and I would like to be treated. But I don’t think they can treat this.” [KFOR 4 (Oklahoma City), 4/25/2003]
The CIA makes a fake video of al-Qaeda leader Osama bin Laden, although the video is apparently never used. The video shows bin Laden and some associates of his sitting around a campfire, swigging bottles of liquor and talking about having had sex with boys, according to a former CIA official. The actors are drawn from “some of us darker-skinned employees,” the official will say. The timing of this effort is unclear, although it is apparently linked to discussions about making similar videos, including one of a fake Saddam Hussein having sex with a boy, prior to the 2003 Iraq invasion (see Before March 20, 2003). According to another former officer, the projects grind to a halt as nobody can come to an agreement on them. In particular, they are opposed by Deputy Director for Operations James Pavitt and his deputy, Hugh Turner, who keeps “throwing darts at it.” The officer will say that the ideas are ridiculous and, “They came from people whose careers were spent in Latin America or East Asia,” and do not understand the cultural nuances of the region. “Saddam playing with boys would have no resonance in the Middle East—nobody cares,” a third former official will say. “Trying to mount such a campaign would show a total misunderstanding of the target. We always mistake our own taboos as universal when, in fact, they are just our taboos.” After the CIA abandons the projects, they are apparently revived by the military. “The military took them over,” one former official will say. “They had assets in psy-war down at Ft. Bragg,” at the Army’s Special Warfare Center. The projects will be revealed in the Washington Post in 2010. [Washington Post, 5/25/2010]
French special forces soldiers later interviewed for a documentary film will claim that they had Osama bin Laden in their sights once in 2003 and once in 2004 but were never given the go-ahead to fire from their US superiors. One French soldier says, “In 2003 and 2004 we had bin Laden in our sights. The sniper said ‘I have bin Laden’.” It then reportedly takes two hours for the request to shoot to reach US officers who could authorize it, but the French soldier says, “There was a hesitation in command,” and the authorization never came. Four French soldiers are interviewed who back up this claim, but a French military spokesperson denies it. France has roughly 200 elite troops operating under US command near Afghanistan’s border with Pakistan at the time. [Reuters, 12/19/2006; CBC News, 12/22/2006]
The Bush administration tries to convince 9/11 commissioner John Lehman that there are ties between Iraq and al-Qaeda. The attempts take place in a series of meetings at the White House and Pentagon, where Lehman meets with Vice President Dick Cheney, White House chief of staff Andy Card, Defense Secretary Donald Rumsfeld, and Deputy Defense Secretary Paul Wolfowitz. Lehman, a prominent Republican, was previously frozen out of politics by the administration due to his ties to John McCain, who ran for the Republican presidential nomination against George W. Bush in 2000. However, the administration officials encourage the meetings when they see Lehman is interested in the alleged connection between Iraq and Osama bin Laden, in the hopes that he will use his position on the 9/11 Commission to draw attention to the allegations. However, the White House says it cannot share all the intelligence it has about the ties, because it is too classified. Nevertheless, Lehman can take it on faith that the intelligence exists. Wolfowitz tells him, “Just wait until you see the evidence we’ve got.” Lehman will later say: “I got that from everybody I talked to: ‘Wait and see, just wait until you see the evidence.’” After it becomes clear to Lehman the alleged links are non-existent, he will comment, “I think they were all drinking their own bathwater.” [Shenon, 2008, pp. 178-180]
Mark Rossini. [Source: Fox News]Two FBI agents who were involved in a pre-911 failure, Doug Miller and Mark Rossini, are reportedly “eager” to provide testimony to the 9/11 Commission about that failure. However, the Commission does not issue them with a subpoena or otherwise interview them about the matter. Miller and Rossini were on loan to Alec Station, the CIA’s bin Laden unit, before 9/11, and helped block a cable to the FBI that said 9/11 hijacker Khalid Almihdhar had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). [Congressional Quarterly, 10/1/2008] The Commission will cite the transcript of an interview of Miller by the Justice Department’s inspector general in its final report. [9/11 Commission, 7/24/2004, pp. 502] However, in the interview Miller falsely claims that he remembers nothing of the incident (see (February 12, 2004)). The Commission’s final report will also cite an interview it apparently conducted with Miller in December 2003, although this is in an endnote to a paragraph on terrorist financing. [9/11 Commission, 7/24/2004, pp. 185, 504] As the blocked cable is not discovered by investigators until February 2004 (see Early February 2004), Miller is presumably not asked about it at the interview.
National Security Council lawyer John Bellinger. [Source: New York Times]The CIA meets three White House officials to discuss what to do with videotapes it has made of detainee interrogations (see Spring-Late 2002). The CIA wants to destroy the tapes, so it briefs the officials on them and asks their advice. The officials are:
Alberto Gonzales, White House counsel until early 2005, when he will become attorney general;
David Addington, counsel to Vice President Dick Cheney;
John Bellinger, senior lawyer at the National Security Council;
There are conflicting accounts of the advice the lawyers give the CIA. One source will say there was “vigorous sentiment” among some unnamed top White House officials to destroy the tapes. They apparently want to destroy the tapes in 2005 because they could be damaging in the light of the Abu Ghraib scandal (see April 28, 2004). Other sources will say nobody at the White House advocates destroying the tapes. However, it seems none of the lawyers gives a direct order to preserve the tapes or says their destruction would be illegal. [New York Times, 12/19/2007] A source familiar with Bellinger’s account will say, “The clear recommendation of Bellinger and the others was against destruction of the tapes… The recommendation in 2003 from the White House was that the tapes should not be destroyed.” [Associated Press, 12/20/2007] When CIA Director Michael Hayden informs legislators of these discussions in late 2007, he will say that upon being informed high-ranking CIA officials are demanding the tapes be destroyed, the lawyers “consistently counseled caution.” The Washington Post will comment: “The ambiguity in the phrasing of Hayden’s account left unresolved key questions about the White House’s role. While his account suggests an ambivalent White House view toward the tapes, other intelligence officials recalled White House officials being more emphatic at the first meeting that the videos should not be destroyed. Also unexplained is why the issue was discussed at the White House without apparent resolution for more than a year.” [Washington Post, 12/20/2007] Another White House official, Harriet Miers, is also consulted around this time and is said to advise against the tapes’ destruction (see Between 2003-Late 2005). [New York Times, 12/19/2007] When it is revealed that these officials were consulted, Law professor Jonathan Turley will comment: “[T]his is a very significant development, because it shows that this was not just some rogue operator at the CIA that destroyed evidence being sought by Congress and the courts. It shows that this was a planned destruction, that there were meetings and those meetings extended all the way to the White House, and included Alberto Gonzalez, who would soon become attorney general and Harriet Miers, who would become White House counsel. That’s a hair’s breath away from the president himself.” [CNN, 12/19/2007]
The US State Department’s Bureau of International Narcotics and Law Enforcement Affairs awards DynCorp International a sole-sourced (no competitive bidding) $22 million contract to “re-establish police, justice, and prison functions in post conflict Iraq.” The contract will be bid out to competitors after one year. The contract raises a few eyebrows. The Reston, Virginia-based company has donated more than $160,000 to the Republican Party and its employees have been involved in a number of serious scandals. [Insight Magazine, 4/11/2003; New York Times, 10/4/2003] In Bosnia, for example, employees of the company were accused of operating a sex-slave ring of young women, keeping under-aged girls as concubines, and videotaping a DynCorp supervisor having sex with two girls. Although they were fired from their jobs, they were never prosecuted. [Los Angeles Times, 4/14/2002; New York Times, 10/13/2002; Insight Magazine, 4/11/2003] One of the whistle-blowers, Ben Johnston, told Congress in April 2002: “DynCorp employees were living off post and owning these children and these women and girls as slaves. Well, that makes all Americans look bad. I believe DynCorp is the worst diplomat our country could ever want overseas.” [New York Times, 10/13/2002] In Ecuador, DynCorp has been accused of allowing herbicides applied in Colombia to drift across the border killing legitimate crops, causing illness, and killing children. [New York Times, 10/13/2002] Commenting on the contract, an unnamed congressional aid tells Insight Magazine: “There are some strange things about how this contract was issued. [B]ecause why would CSC use an offshore subsidiary? Is it so they won’t have to pay taxes on this money? Also, why wasn’t this contract put up for bid? Why was DynCorp the chosen recipient?” [New York Times, 10/13/2002]
According to NBC News, at some point in early 2003, the US learns about an al-Qaeda target in Yemen, and US officials want to strike the target with a Predator missile. However, due to the Iraq war there are no Predators available and the target gets away. [MSNBC, 7/29/2003]
David Nahmias. [Source: US Department of Justice]US prosecutors in Detroit are trying four men accused of an al-Qaeda plot. The men, Abdel-Ilah Elmardoudi, Karim Koubriti, Ahmed Hannan, and Farouk Ali-Haimoud, were arrested shortly after 9/11. They had been living in a Detroit apartment previously occupied by Nabil al-Marabh (see September 17, 2001). Yousef Hmimssa, a Moroccan national, had lived in the Detroit apartment with al-Marabh. When the FBI raided the apartment, they found fake immigration papers linking Hmimssa and al-Marabh, along with attack plans. [ABC News 7 (Chicago), 1/31/2002] Hmimssa will later be the key witness in the trial against the four arrested Detroit men (see June 2003-August 2004). The FBI later identify three other witnesses—a landlord, a Jordanian informant, and a prison inmate—who linked the four arrested men to al-Marabh (see December 2002). The Detroit prosecutors want to charge al-Marabh as a fifth defendant. However, Deputy Assistant Attorney General David Nahmias prevents them from doing so. He says, “My understanding is that the only connection between al-Marabh and your case was an apparent misidentification by a landlord.” Additionally, memos written by Detroit prosecutors during the trial will later show that they believed the Justice Department was preventing them from introducing some of their most dramatic evidence in the trial. Lead Detroit prosecutor Richard Convertino will later say: “There was a series of evidence, pieces of evidence, that we wanted to get into our trial that we were unable to do. Things that would have strengthened the case immeasurably, and made the case much stronger, exponentially.” For instance, the FBI had learned before the trial that al-Qaeda leader Ibn al-Shaykh al-Libi told US interrogators after his capture that bin Laden had authorized an attack on the US air base in Incirlik, Turkey. The FBI also found sketches in the Detroit apartment of what they believed was the same base. The prosecutors wanted to link this evidence to testimony by the al-Libi, but he was handed over to Egypt to be tortured and prosecutors were not able to interview him or use him as a witness (see January 2002 and After). Turkish authorities will later claim that their own evidence indicates bin Laden did authorize an attack on the base at one point. Detroit prosecutors also later complain that the lone Justice Department lawyer sent to help with the case had no intention of helping with the trial, and spent most of his time in Detroit staying in his hotel room or playing basketball. [Associated Press, 8/9/2004] In 2002, Chicago prosecutor Patrick Fitzgerald is also prohibited from charging al-Marabh with any crime (see January-2002-December 2002).
Entity Tags: US Department of Justice, Richard Convertino, Yousef Hmimssa, Nabil al-Marabh, Ibn al-Shaykh al-Libi, David Nahmias, Abel-Ilah Elmardoudi, Ahmed Hannan, Karim Koubriti, Federal Bureau of Investigation, Farouk Ali-Haimoud
Timeline Tags: Complete 911 Timeline
Former Green Beret Robert Bevelacqua, a Fox News military analyst and a part of the Pentagon’s propaganda operation to promote the Iraq war (see April 20, 2008 and Early 2002 and Beyond), is, along with other analysts, briefed about Iraq’s purported stockpiles of weapons of mass destruction. When he asks his briefer about “smoking gun” proof, the briefer admits, “We don’t have any hard evidence.” Bevelacqua and the other analysts are alarmed by the concession. Another analyst, retired Army lieutenant colonel Robert Maginnis, who works in the Pentagon for a military contractor, is at the same briefing. Maginnis later confirms Bevelacqua’s recollection, saying that he felt “very disappointed” and that he and the other analysts were being “manipulated” to believe in weapons that were not proven to exist. Yet Bevelacqua, Maginnis, and other analysts are firm in their on-air insistence that these weapons do indeed exist. Bevelacqua has started a new defense contracting business, the wvc3 Group, and hopes to win lucrative government contracts. “There’s no way I was going to go down that road and get completely torn apart,” he will later say. “You’re talking about fighting a huge machine.” [New York Times, 4/20/2008]
Mark Garlasco. [Source: Canal+]The Defense Intelligence Agency [DIA] concludes early in 2003 that the intelligence being provided by dissidents supplied by Ahmed Chalabi’s Iraqi National Congress (INC) is of little value. The New York Times reports that an internal DIA study has found that “dissidents invented or exaggerated their credentials as people with direct knowledge of the Iraqi government and its suspected unconventional weapons program.” [New York Times, 9/29/2003; Independent, 9/30/2003] The study also reveals that more than $1 million was paid to Chalabi’s group for information about Saddam Hussein’s alleged banned weapons programs. [New York Times, 9/29/2003; Independent, 9/30/2003] Unnamed officials interviewed by the Times say the defectors were considered by the Defense Intelligence Agency to be dubious sources from the start. It is believed that the dissidents’ motivation for talking has been money and their opposition to Saddam Hussein. But the Times’ sources “would not speculate on whether the defectors had knowingly provided false information and, if so, what their motivation might have been.” [New York Times, 9/29/2003; Independent, 9/30/2003] Similarly, Mark Garlasco of the DIA will tell PBS Frontline in 2006, that the “INC was constantly shoving crap at us. They were providing information that they thought we wanted to hear. They were feeding the beast [referring to the Office of Special Plans and those within the administration who wanted to go to war with Iraq].” [PBS Frontline, 6/20/2006] The bureau chief of Knight Ridder Newspapers, John Walcott, will later say of Chalabi, “Chalabi’s motives were always perfectly clear in this and understandable. He was an Iraqi. He didn’t want his country run by a thug and a murderer, a mass murderer, and a crook. And everything he said had to be looked at in that light, and scrutinized in that light. And why anyone would give him a free pass, or anyone else a free pass for that matter, on a matter as important as going to war, is beyond me.” [PBS, 4/25/2007]
Randy Waite of the EPA’s Office of Air Quality Planning says in an email to representatives of the meat industry, “We need to start getting across the idea that farms are going to continue to be vulnerable to citizen suits and this data will go a long way in helping us, in partnership, to find solutions to some of those issues, making them less vulnerable in the long run.” The Chicago Tribune, which obtained a copy of the email along with several other documents through the Freedom of Information Act, notes that Waite sounds almost as though he considers himself a partner with the industry his agency is supposed to be regulating, “arrayed against, for example, citizens who want to file lawsuits.” [Knight Ridder, 5/16/2004]
In early 2003, the Treasury Department draws up a list of 300 individuals, charities, and corporations in Southeast Asia believed to be funding al-Qaeda and its suspected Indonesian affiliate Jemaah Islamiya. “Due to inter-agency politics, the list [is] winnowed down to 18 individuals and 10 companies.” [Contemporary Southeast Asia, 8/1/2003] Later, the number of suspected financiers is narrowed down even further, and on September 5, 2003, only 10 individuals, all connected to Jemaah Islamiya, have their assets frozen. [Associated Press, 9/5/2003] The assets of Jemaah Islamiya itself were frozen shortly after the October 2002 Bali bombings was blamed on the group (see October 12, 2002), though ties between the group and al-Qaeda were first publicly reported in January 2002. [Associated Press, 1/18/2002; United Press International, 1/25/2003] Hambali, a notorious leader of both al-Qaeda’s Southeast Asia operations and Jemaah Islamiya, only had his assets frozen in January 2003, even though he was publicly mentioned as a major figure as far back as January 2001. [New Straits Times, 1/25/2001; Associated Press, 1/18/2002]
Six alleged members of the fertilizer bomb plot: Salahuddin Amin, Anthony Garcia, Waheed Mahmood, Momin Khawaja, Jawad Akbar, and Omar Khyam. [Source: Metropolitan Police/ CP Jonathan Hayward]In early 2003, the British intelligence agency MI5 is tracking a suspected al-Qaeda leader living in Britain known as Mohammed Quayyum Khan (a.k.a. “Q”) (see March 2003 and After), and they see him repeatedly meeting with a Pakistani-Briton named Omar Khyam. Quayyum is believed to be an aide to al-Qaeda leader Abd al-Hadi al-Iraqi. [BBC, 5/1/2007] By around March or April 2003, investigators begin monitoring Khyam, and soon discover he is a ringleader in a fertilizer bomb plot on unknown targets in Britain. [BBC, 4/30/2007]
Surveillance Intensifies - By the beginning of February 2004, surveillance intensifies. Thousands of hours of audio are recorded on dozens of suspects. The investigation soon focuses on a smaller group of Khyam’s close associates who are originally from Pakistan and had attended training camps in mountainous regions of Pakistan in recent years. Most of these men have links to Al-Muhajiroun, a banned Islamist group formed by radical London imam Omar Bakri Mohammed. The plotters are monitored discussing various targets, including nightclubs, pubs, and a network of underground high-pressure gas pipelines. In February 2004, MI5 intercepts a phone conversation between Khyam talking to his associate Salahuddin Amin, in Pakistan, about the quantities of different ingredients needed to construct a fertilizer bomb. An al-Qaeda operative in Pakistan had encouraged Amin to bomb targets in Britain.
Fertilizer Found and Replaced - Later in February, employees at a self storage depot in London call police after discovering a large amount of ammonium nitrate fertilizer being stored and suspecting it might be used for a bomb. Investigators discover the fertilizer belongs to Khyam and his group, and has been stored there since November 2003. The fertilizer is covertly replaced with an inert substance so a bomb cannot be successfully made from it.
Arrests Made - Investigators discover that Khyam is planning to fly to Pakistan on April 6, and the decision is made to arrest the suspects before he leaves the country. On March 29, a bomb plotter named Momin Khawaja is arrested where he is living in Canada. Weapons and a half-built detonator are found in his house. The next day, Khyam and seventeen others are arrested in England (see March 29, 2004 and After). Aluminum powder, a key bomb ingredient, is found in a shed owned by Khyam. Amin, still living in Pakistan, turns himself in to authorities there a few days later. Another key member of the group, Mohammed Junaid Babar, is not arrested and flies to the US on April 6. But he is arrested there four days later and quickly agrees to reveal all he knows and testify against the others (see April 10, 2004).
Five Convicted in Trial - The suspects will be put on trial in 2006 and Babar will be the star prosecution witness. Five people, including Khyam, will be sentenced to life in prison in 2007. Trials against Khawaja in Canada and Amin in Pakistan have yet to be decided. Curiously, Quayyum, who has been alleged to the mastermind of the plot and the key al-Qaeda link, is never arrested or even questioned, and continues to live openly in Britain (see March 2003 and After). [Guardian, 5/1/2007]
Jacques Ravel. [Source: New York Times / Brendan Smialowsk]In 2002, scientists mapped the anthrax genome in an attempt to generate new leads for the anthrax attacks investigation. Initially, the results are disappointing because the anthrax used in the letters, which is from the Ames strain, do not seem to differ in any way from the original Ames strain used in many laboratories (see Early-Late 2002). But around early 2003, an unnamed US Army microbiologist at USAMRIID, the US Army’s top bioweapons laboratory, makes a breakthrough. He discovers a morph (also known as a morphotype) that allows scientists to detect differences between the genetic structure of the anthrax used in the attacks and other anthrax. Jacques Ravel, a leading member of the scientific team at the The Institute for Genomic Research (TIGR) that is decoding the anthrax genome, is asked to decode more morphs. After two years, the team is able to decode a total of eight morphs. The head of TIGR will later comment that it was not clear why the FBI did not ask other laboratories to share the task and speed up the process. Other scientists working with the FBI select four of the morphs as having the most reliable unique genetic differences, known as indels. All of the anthrax letters used anthrax containing these four indels. The FBI finally has a unique signature for the anthrax used in the attacks and starts looking for laboratories that have used an exact match. [New York Times, 8/20/2008] Apparently, by early 2004 scientists already know enough to notice a discrepancy with a sample scientist Bruce Ivins has submitted to the investigation, and the FBI raids Ivins’s lab in July 2004 to seize more samples from him (see Early 2004 and July 16, 2004).
Senior CIA analyst Paul Pillar produces a high-level report on the potential challenges US forces will experience in post-Hussein Iraq. Pillar’s paper argues that imposing democracy on Iraq will not be easy. He warns that the country may fracture along ethnic and religious lines and explode into violence. He also says that the US will not be able to finance reconstruction with Iraq’s oil revenue. The report is sent to the office of CIA Director George Tenet and forwarded to the White House and Pentagon. An administration official tells him that his paper is “too negative.” “You guys just don’t see the possibilities,” Pillar later recalls the official saying. [Isikoff and Corn, 2006, pp. 198]
The CIA’s Iraq Operations Group flies the Anabasis team from their Nevada training site to Jordan to wait for a green light from the White House. If the signal is given, the team—comprised of more than 100 members—will be flown to an isolated Iraqi military base near the Saudi border where they will announce a coup on the radio and call on other military units to join them. Then, when Hussein flies his troops south to quell the insurrection, the US Air Force will shoot them down for violating the no-fly zone. The confrontation will then be used as a pretext for full-scale war (see also Late November 2001 or December 2001). But the operation will be opposed by General Franks, and the Anabasis team will never receive the signal (see After January 2003). [Isikoff and Corn, 2006, pp. 166]
Denis Paradis, Canada’s Secretary of State for Latin America, hosts a two-day meeting at the Meech Lake Lodge called the “Ottawa Initiative.” The meeting is designed to look at the current situation in Haiti, and is held without public access. In attendance are two high-ranking officials from the US State Department, officials from France, EU, El Salvador, and Canada. No one from Haiti is invited. What is discussed at the meeting is kept secret until it is leaked in March (see March 22, 2005). [News Haiti, 8/28/2004]
In an interview with the Guardian, Harvard law professor Alan M. Dershowitz says that he has heard from former agents that torture “was done and… is done.” He also says that he believes the US “freely subcontracts its torture to Jordan, Egypt, and the Philippines.” Dershowitz identified himself shortly after the September 11 attacks as a proponent of using torture in the war on terrorism when he argued that it should be permissible by law in certain cases (see November 8, 2001). According to William Goodman, legal director of the Center for Constitutional Rights, who is also interviewed by the Guardian, “Dershowitz is not a lone voice. He speaks for a segment of the population, and there is clearly some thought being given to this.” He adds, “It is as American as apple pie,” although he also points out the law clearly prohibits torture. [Guardian, 1/25/2003]
British police discover a ricin lab allegedly connected to a militant training camp in northern Iraq controlled by Abu Musab al-Zarqawi. Six suspects are arrested in London. The US has known about the camp and its ties to chemical weapons production for months, and twice the US military has drawn up plans for a strike upon it, and twice the White House has decided against taking action (see June 2002 and November 2002). Based on these new developments in London, the US military draws up a third attack plan against the camp, but again the White House rejects taking action. [MSNBC, 3/2/2004] Communications intercepts indicate that al-Zarqawi is still making calls on his satellite phone from within the camp. [Wall Street Journal, 10/25/2004] Lt. Gen. Michael DeLong, deputy commander to Gen. Tommy Franks at Central Command at the time, will later say that the training camp “was so troubling to us. We almost took them out three months before the Iraq war started. We almost took that thing, but we were so concerned that the chemical cloud from there could devastate the region that we chose to take them by land rather than by smart weapons.” [PBS Frontline, 6/20/2006] However, in March 2003 shortly after the Iraq war begins, the camp will actually be hit by air strikes and not the land attack indicated by DeLong (see March 20, 2003). NBC News will later comment, “Military officials insist their case for attacking al-Zarqawi’s operation was airtight, but the [Bush] administration feared destroying the terrorist camp in Iraq could undercut its case for war against Saddam [Hussein].” [MSNBC, 3/2/2004] President Bush will secretly decide around early March 2003 not to attack the camp until the US invasion of Iraq is underway later that month (see Early March 2003).
President George W. Bush meets with Iraqi exiles. According to a former senior White House official, after the meeting, Bush decides that the exiles will not be put in power in post-Saddam Iraq. “The future of this country… is not going to be charted by people who sat out the sonofabitch (Saddam) in London or Cambridge, Massachusetts,” Bush is said to have stated. This effectively kills the Pentagon’s plan to create an Iraqi-government-in-exile which was to include the Ahmed Chalabi, the president of the Iraqi National Congress (INC). [Knight Ridder, 7/12/2003]
US military officials insist that US and British aerial attacks against targets in Iraq are being conducted only in response to Iraqis firing on planes patrolling the so-called “no-fly” zones. The increased number of aerial strikes (see June 2002-March 2003) is a response, they say, to Iraq’s increased hostility toward US and British jets, not preparation for a ground attack as some critics have suggested. “The Iraqi regime has increased its attacks on the coalition, so the coalition has increased its efforts to protect its pilots,” Jim Wilkinson, a spokesman for the US Central Command in Tampa, says. “Every coalition action is in direct response to Iraqi hostile acts against our pilots, or the regime’s attempts to materially improve its military infrastructure south of the 33rd parallel.” But according to the Washington Post, these officials have also “acknowledge[d] that military planners are taking full advantage of the opportunity to target Iraq’s integrated air defense network for destruction in a systemic fashion that will ease the way for US air and ground forces if President Bush decides war is the only option for disarming Iraq.” Loren B. Thompson, a defense analyst at the Lexington Institute who has ties to defense contractors and the Pentagon, says the attacks on Iraq’s southern air defenses will allow the US military “to send in almost anything it wants—bombers, fighters, and helicopters with Special Operations Forces” when the official invasion begins. It will also make it safer for the slow-moving C-17 transports to move troops inside Iraq. Similarly, retired Air Force Col. John Warden, who helped plan the US air campaign against Iraq in 1991, explains, “Anything that would need to be knocked out that is knocked out now saves some sorties once the war starts.” The attacks, he notes, have “some obvious value in the event of a war.” Anthony H. Cordesman, a former defense official at the Center for Strategic and International Studies, also disputes the notion that the increased US air attacks are purely retaliatory. “You enforce containment when you carry out these strikes, and you deter Iraq from any kind of military adventure,” he explains. “And when you conduct these strikes, you are preparing part of the battleground for a war.” [Washington Post, 1/15/2003]
President Bush receives a highly classified “President’s Summary” from the intelligence community’s National Intelligence Estimate on Iraq (see October 1, 2002), focusing on whether or not Saddam Hussein would launch an unprovoked attack on the US, either directly or in conjunction with terrorist groups. The consensus of all 16 intelligence agencies is that such an attack would be highly unlikely unless “ongoing military operations risked the imminent demise of his regime,” or if Hussein intends to “extract revenge” for such an assault. The State Department’s Bureau of Intelligence and Research (INR) goes even farther, stating that Hussein is “unlikely to conduct clandestine attacks against the US homeland even if [his] regime’s demise is imminent” as the result of a US invasion. The same conclusion is circulated in Senior Executive Intelligence Briefs for senior White House officials, their senior staff members, and Congress’s intelligence oversight committees. Bush and his senior officials, specifically including Vice President Dick Cheney, have received at least four other reports since the spring of 2002 drawing the same conclusion, that Saddam Hussein is not a likely threat to the US.
'Imminent Threat' - However, Bush, Cheney, and other government officials have continued, and will continue, to assert that Hussein was ready and willing to use chemical or biological weapons against the US, either on his own or through a terrorist group such as al-Qaeda, unless stopped by force. The argument that Hussein is an “imminent threat” is a major rationale in the administration’s case for war.
Refusal to Release - The Bush administration will refuse to release the Presidential Summary to Congressional investigators who wish to know the basis for the Bush administration’s assertions about the alleged threat from Iraq. Bush and other senior officials will insist for months that they were never told of the intelligence community’s judgment that Hussein had no intention of launching an unprovoked attack on the US. By refusing to release the summary memo, the White House may be withholding the proof that Bush and his officials deliberately misled the public on the issue. [National Journal, 3/2/2006]
The CIA reports to the White House that it has serious doubts about reports that the Iraqi military base at Salman Pak was ever used to train Islamist terrorists (see April 6, 2003). The agency reports in part, “The probability that the training provided at such centers, e.g. Salman Pak, was similar to that al-Qaeda could offer at its own camps in Afghanistan, combined with the sourcing difficulties, leads us to conclude that we need additional corroboration before we can validate that this low level basic terrorist training for al-Qaeda occurred in Iraq.” [Knight Ridder, 6/17/2004]
A military officer asks Spc. Sean Baker, an MP and member of the Kentucky National Guard, to serve in the role of detainee in a training exercise at Guantanamo. In one of the cells, dressed in a standard orange prison jumpsuit over his battle dress uniform, he takes up position in a cell, pretending to be uncooperative by crawling under a bunk bed. Five soldiers in the “internal reaction force” are told he is a genuine detainee who has attacked a sergeant. Baker later recalls: “They grabbed my arms, my legs, twisted me up and unfortunately one of the individuals got up on my back from behind and put pressure down on me while I was face down. Then he—the same individual—reached around and began to choke me and press my head down against the steel floor. After several seconds, 20 to 30 seconds, it seemed like an eternity because I couldn’t breathe. When I couldn’t breathe, I began to panic and I gave the code word I was supposed to give to stop the exercise, which was ‘red.‘… That individual slammed my head against the floor and continued to choke me. Somehow I got enough air. I muttered out: ‘I’m a US soldier. I’m a US soldier.’” The assault ends when the soldiers notice Baker is wearing a US uniform under the jumpsuit. Baker suffers severe head wounds and has to be treated for traumatic brain injury. The Physical Evaluation Board of the Army says in a document dated September 29, 2003: “The TBI [traumatic brain injury] was due to soldier playing role of detainee who was non-cooperative and was being extracted from detention cell in Guantanamo Bay, Cuba, during a training exercise.” [New York Times, 6/5/2004]
US forces arrest and detain an Iraqi for possession of explosive devices. The man is held at FOB [Forward Operating Base] Rifles Base in Asad, Iraq, and eventually placed in an isolation cell for questioning by members of the US Special Forces’ Operational Detachment Alpha (ODA) who shackle him to a pipe that runs along the ceiling. When the Iraqi lunges toward a US soldier, grabbing his shirt, “the three ODA members [punch] and [kick] [him] in the stomach and ribs for approximately one to two minutes.” Three days later, the man escapes but is recaptured on January 9. The prisoner is then subjected to another round of questioning, but does not cooperate. When he refuses to be quiet, the soldiers tie his hands to the top of his cell door and then gag him. Five minutes later, a soldier notices that the Iraqi is “slumped down and hanging from his shackles,” dead. [Denver Post, 5/18/2004]
According to analysis by the Federation of American Scientists (FAS), “non-lethal” gases can be lethal. Summarizing a report by the organization, David Isenberg of the Asia Times explains, “[W]hen an incapacitating agent that is exceptionally safe by pharmacological standards (therapeutic index (TI) =1000) is delivered under ideal conditions to a uniformly healthy population, 9 percent of victims would die if the goal were to incapacitate almost everyone (99 percent) in a particular place (often an enclosed space), as in hostage rescue or urban military operations.” [National Research Council, 2003; Asia Times, 4/1/2003]
The proposed 2004 budget of the Energy Department’s Nuclear Security Administration includes some $15 million for the development of a nuclear bunker-buster bomb called the “Robust Nuclear Earth Penetrator” and $6 million for two of the nation’s nuclear weapons laboratories, Los Alamos and Lawrence Livermore. The labs would “assemble design teams to study advanced nuclear concepts,” the Washington Post reports. [Washington Post, 2/20/2003; USA Today, 7/6/2003]
The journal Chest publishes an article summarizing the case of a 37-year-old male engineer who is diagnosed with cough and dyspnea three weeks after being exposed to dust at Ground Zero. The patient’s lung biopsy contained large quantities of silicates. The authors of the study suggest “that exposure to one or more materials resulting from the WTC catastrophe may be implicated in the development of granulomatous pulmonary disease.” [B.H. et al., 1/2003]
To date, over 1,000 New York City firefighters have filed lawsuits against the City of New York claiming that the city failed to provide them with respirators during rescue and recovery efforts at the WTC. [Kupferman, 2003 ]
President Bush signs an executive order creating the Office of Global Communications (OGC—see July 30, 2002), whose mission is to “ensure consistency in messages that will promote the interests of the United States abroad, prevent misunderstanding, build support for and among coalition partners of the United States, and inform international audiences.” The OGC soon sends out a daily “Global Messenger” e-mail of talking points to administration officials, US embassies, Congress, and outside recipients. It organizes daily telephone conference calls to coordinate foreign policy messages among US government agencies and representatives of British Prime Minister Tony Blair. PR expert Sheldon Rampton later writes, “These activities may sound innocuous. The idea of ‘ensuring consistency’ is a cardinal rule of PR crisis communications, whose practitioners try whenever possible to make sure that all messages flow through a single, controlling channel. In practice, however, ensuring consistency leads to a concerted effort to enforce a ‘party line’ on all messages emanating from the US government, effectively silencing officials whose point of view contradicts the official institutional message.” [PRWatch, 4/2003; US State Department, 9/28/2004]
Associated Press reporter Charles Hanley, an award-winning news veteran with over 30 years of weapons issues coverage on his record, accompanies the UN weapons inspectors combing through Iraq to find the suspected weapons of mass destruction. In 2007, Hanley will recall: “What we did was go out everyday with the inspectors. These guys would roar out on these motorcades at very high speed and roar through towns and do sudden U-turns and drive over land and do all of these things to confuse the Iraqis about where they were going so that there wouldn’t be a call ahead telling them to put away all the bad stuff. The inspectors then would issue a daily report. And as it turned out, of course, inspection after inspection, it turned out to be clean. They had nothing to report, no violations to report.” Hanley files repeated reports with statements such as, “No smoking guns in… almost 400 inspections.” But, Hanley will later say, his editors often refuse to print his work. “[T]hat would be stricken from my copy because it would strike some editors as tendentious. As sort of an attack or some sort of allegation rather than a fact. You know and we don’t want our reporters alleging things. We, you know, we just report the facts. Well it was a fact. It was a very important fact that seemed to be lost on an awful lot of journalists unfortunately.” Instead, Hanley says, “The media just continued on this path of reporting, ‘Well, the Bush administration alleges that there are WMD,’ and never really stopped and said ‘It doesn’t look like there are. There’s no evidence.’ That should have been the second sentence in any story about the allegations of WMD. The second sentence should have been, ‘But they did not present any evidence to back this up.’” [PBS, 4/25/2007]
Two classified intelligence reports prepared for President Bush by the National Intelligence Council warn of the potential costly and bloody consequences of a US-led invasion of Iraq. The reports will be leaked to the press in September 2004 (see September 28, 2004). The assessments both predict that such an invasion will increase support for radical Islam, and deepen already-sharp societal divisions in Iraq to the point where violent internal strife is a strong likelihood. The assessments warn of a possible insurgency, either against the new Iraqi government, the US occupation forces, or both, and predict that “rogue elements” from the Saddam Hussein government may either join with existing terrorist organizations or begin independent insurgent operations. And, the assessments add, war and subsequent occupation is likely to increase sympathy across the Islamic world for some terrorist objectives, at least for a time. It is unlikely that Iraq will actually split into two or three disparate regions, the reports say, but violence between various ethnic and religious groups is almost inevitable unless the occupation forces prevent it. One assessment says that any efforts to build democracy in Iraq will be long, difficult, and potentially turbulent, with the nation always threatening to backslide into authoritarianism, Iraq’s traditional political model. [New York Times, 9/28/2004]
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